The Express.
London, England, 1861-11-12 00:00:00

COURT OF QUEEN'S BENCH.—Nov. 11.

Sittinp in Banse.--(Before Lord Mist Julia Onakbara,
Mr. Justice Wightionn, and Mr. Justice Winekbarn.)

NI PAWN MONA/ ROODIL—ILASTZILS AND WOWINN.
The Attorney-00mgal mowed for a rule calling are the
Rey. Horny Curtis Lipscomb*, • stogie trate of the county
of Durham, to show came why • criminal information
sbeald not be filed aphid him for misbehaviour in his cake
Y the course el cereals proosediap instituted and estried
SON before kink se Theeket ]jiggles tb•
toeless* of Henry says. statisme lest Biggins. ces the
part of whom be applied, was in the melee of Henry
Weaver, and employud m • steoeromeo on • railway
viaduct, Weaver was emesegootiag. On the 15th of
that mouth BWine left his service, sod as be contended
lawfully sod jaWy, sod seat say Biggins and several other
teserlones were apprehendel open • warrant without any
sensenons being previously ism& and locked up du the
whale night. Next eatesieg, at the early boar
el Ulf-past sena, they were brought beton Mr.
IJpse.mbe, and shagged anew the statute with bags(
heft thedrompleysee antes. TV eddied far am
adjournment far the purples el aseistance ;
but he ratmed the application, .oet:=Biggisse mod mesa
or eight ether men apes the Aar" and seateeeed
each of them to have ams dey's wages abated. Some wages
were dies to them at the time, and after the day's wages
had beam dulasted, the Miaow was paid over to them.
The Lead Odd Jastioe—Wbst embed os the pert of
the meglineee le complained sly
The Attoreey-Geoarel—itigime compialos the illegal
Manoefla which the cam was limed. The whole of the sea
mere Wei la a lamp, and at the unreasonable hour of halt past
OMB is the meraing, and they were refused en opportunity
Meek Lpl ambiance. The of also state that the
• conduct was pose, has* end oppmesive,
ebarsd as unfair bias in favour of Mr. Weaver.
The Lied Chief Jostles mid he did not think that a sue
bed base made out fore rule. He quite speed with the
begned AttessapOsaeral that, usurning the ex parte
deleneet he he tee% the conduct of the anegidrate was
Thadvieed and Injudicious in a high degree, bemuse whoa
WI MINI SSW for • abort adjournment in order to
legal eseigmasedes refused to grant It, and be also
ft-
eluded them bum the deepens of defeedlog thiamiy . so.
paratidy ; but be did not thick that, upon such feels, a jary
would semis& bin al hawing acted corruptly in the die-
charge of rnsoleterial duty. Unless the court saw their
way to • eon eletios epos the facts stated, supposing they
were unanswered, be did not think they ought to pant se
application involving such • serious charge against • ma-
ingrate. It might be that the magistrate felt that it wee
seesseary to dispose of the case at 000 e, in order to promet
the example of the men operating to the wrongful prejudice
of Yr. Weaver, and that an adjournment to enable the
area to obtain legal assistance would only lead them Into
idle and useless expense. On the afsdavits it did not
seem that he could hare been actuated by say corrupt um-
tire, se be sentenced the men to the milt sentence
be could pies, vb., the loss of one day's pay. It was mg-
retail that this was in favour of the master, as it put money
sato his pocket, but in the absence of something to lead to
the conclusion that the magistrate's motives were base,
sinister, and unworthy, they ought not to grant a rule.
The other judges being of the same opinion,
The rule was refused.
YARROW r. EARL DUDLIT.
Mr. &Timid Pigott moved in this come for a rule to show
cause why the venue should not be changed from Worms-
tershire to Middlesex or London. It was an action brought
by a helper in the stables of the Earl of Dudley against his
lordship, to recover damages for illegal and oppressive con-
duct ae • magistrate in having him handcuffed and takes off
to prison on • charge of iodecent assault without having pre-
viously lakes any statements on math. The declaration also
testaised so allegation that the defendant had induced •
girl to make the charge against the plaintiff. At the trial
of the ease the jury were unal.le to agree to • verdict, and,
after be* locked up some time, were diechamed. The
learned osesned made the present application on affidavits stet-
lag that ia consequeues of the great ioeuenee of Earl Dudley
la the county, and the feet of many summoned on the jury
Vbeing often his tenants, It was desirable for an impar-
idal to change the venue as proposed.
Buie nisi granted.
rnAT r. VOWLU.
Miss Fray, the plaintiff is this mess, applied for • rule
1 calling upon the defendant to show mom why he should
not bring in and perfect the judgment roll. It was an
action against Mr. Voyles, • solicitor, whom Mies Fray
bad employed to conduct an action which she had brought
against the Countess of 7.,etbeid, in whose senses she had
been se lady's maid, sad it resulted in a verdict for the de-
fendant. Mies Fray stated that her object wee to have the
judgment roll perfected, is order that eke might be ambled
to institute some civil sad grimiest proceedings which she
cestomplated taking spire different parliiis. She com-
plained of her long imprisonment and the synirmatie perse-
cution which she wed she had suflend, Sad for
justice, but failed to stele say spells for the
spOrnation.
court refused the Me, but sugpdsd that the appli.
mat should mks as alldevlt setting eat the rearms for the
lINSMOG, mid renew it on • future day.
Me Pray promised to dose, and retired.

comm. O. IMMIX —JODOIIIOI7%
laueedistely cm the cooshuios of the preceding ease N.
Cebbett appeared as the Roar of the evert, to hear Judg-
ment delivered Is as applkstios which she had made on the
list day of term.
The Lord Chief Justice said that as applioatios was sods
eel db• part of the *halt who. os the.trid of the adios.
wee sesseited. sad against whess,iLtriest was foisted sp.
f/ lwerz to prem is ed ford pas kr the penises ef
b
a
writ et wren will' a be • wing of that