The Express.
London, England, 1862-01-15 00:00:00

THE EXPRESS, WEDNESDAY EVENING, JANUARY 15, 1862.

waraliT. Ilarritt rad Catharine Z•vd/A. lintlaubsw.
musaryisse—W. W sod W. 12!.....abbat libilaiwen. Owsbw-
=rerwints—J. R. and Z. err.. Mai
. IMWAINIIIIIISTIer liirdti W. 1. Lielogi.ltr
pawnbrion•—J. Fang& and B.
Intslorlawn—C. am% T. Itarrell.7.l=4 rod J.
rh. Sowall—T. ?A and T. 8.
tiff
Ir= aa•—sa
H. N. Vandansi nod N. J. Daft% esombdos
aserehant•-W. Look% J. Maim ma J. Imkklikasbaiskar,
brewers, so tar as Nowa J. libiabst-T. !leer_ 11. lisusik
and .Ik=ardsaa. Malordits, railtriannwr
—T. Nod J. Swindon. OrwarrAsb. brawn Mows
T- . J. 1. Otetway, and O. F. 8 laselaseaketioat.
wbolomia 4isidov—k k Bain sad L Pm TWA•
stmt. ammaralei opoia—J. Dielmaa and T. Cask
OM warabammin—alargarall Warburton and Mary Warbur-
ton. Illawaisnlar, sots.-r. BIWAIWIL A. Mobs% and Z.
Wittebak fm.Maim wiralawna—W. Brown, book and Co.,
Glaasow, so Inc as w C. W. Breen
........r. A...m=lw a artreas

-
Mica
JACKSON Wilaall owl DOMAN DOA. Okagow, saw millets,
Jea. V. at Ow HA Obegoir.
Jam M
Lam, ism" an% lamilialwa. tamer, Jan. It, at the Soil-
chart
Vllliaami Linos. 011iguw, balkier, Jim 12, at the faculty
Zak ollopw.

tab) inttilignut.

COURT OF 001010 N PLEAS.—J Air, 14.
Hansa.—(Batas Lard Chid Judaea Ede mad
Jostles' Williams, Willa, and Ham.)
ILUDUCIL a. mum -MM. ACCIDIMIT II masmirr-

The plaintiff claimed shrerse fcc the death of her hue.
bead,
oreas, who wee kilted =ler it following circumstances.
la Maytag he we walldng cm the pmement in Finsbury-
sod at the sane fire the isendeat wee riding
reent the shwa The brae berme nosaegsable, end
the eiendeat wee midge to peoverat i=raied
preemeed, where he kneekoi down the piaiMlli
and killed Wm. It seemed tisk the &holing hol hoedrt
the hone the dig Were at and wet ying maw
for the foal time whsn the essidentimpenai hen &see was
o evidence that be he& seem is iseo that the
bone was in any mg *does, nee 1111/ bass wry Mame
that he himself was ace a esupereft Iscesswer. The ease
elms
cm for trial Wore lesenier to the Lord Mayor's
°mat, whoa that Lensed Jodesbeld that them was so evi-
dence to make oat the planers OM Afterwards a rule
far a new trial was obtained, sad to-day mime was shown
against this ride being made etiolate.
Mr. H. James appeared to show cause, and Mr. ?atehett
to support the rule.
The coon was of opinion that the Iterader woe right in
his ruling, sad complimented the leaned comma mica the
able manner in which they had argued the men
Hale discharged.

Sittings at Nid Aim I, Ifiddlesex.7(l34are Ilr. Judi°,

Bylesasid a Oman= JerT.F
This wee the first day al the ultilap ia law sod the
court was occupied fall day trying ....ter tie molten
dealt with were not of a nature to interest liso petal,.

COURT OF KXOH:EQI7ICL-J.i.x. 14.
SECOND 00IIRT.

Sittings at Nisi Prima—Wore Ur. Baron Bramwell and
a Oammen Jury.)

111EPLIN AND WM V. TEI 1110373- LOl3Oll RAILWAY

COMPAXL—AoorDirr.

This was an action brought by the plaintiffs, .ho were
two of the sufferers in the seadirct that happen& near
Sentish-town in September lest. The delendeatepaid the
sum of 701. into court u eueicient to astafy the wife'.
&ins, and 401. for that of the husband.
Yr. Bed and Yr. Palmer were coned for the a ;
Mr. Bovill, Q. 0., and Yr. J. Brown for the dd
It appeared from the widows of the plaintiffs that the
haehe who was 65 or 66 years old, wee a prdeser, and
voodoo' to the date of the saddest was is the habit of
earning 21s. per week, and the wifs• who was 6S years of
age, was • monthly nurse, and owned N. per swath, but
inn the solidest they had bees manly unalgsto attend
to their dutka, the hustend bevies received a wilt, is-
jury se the arm, and the wife as severe an internal injury.
For the defence, general medical Fathoms were called
toprove that the injuries the *WWI had reoeivefwer• sot
IP Wen as they abided, and
The jury returned • verdict for the plaintiff
701. over and above the amount paid into court,
for the male and 601. for the female plaintiff—after having
been locked op for some time.

COURT OF PROBATE AND DIVORCE.
JAL 14.
(Before the Jot* Ordinary.)
SEDDON o. ELIDDON AID DOTLI.

In this case, which was tried by • special jury last term,
all the meths had been feud guilty of adultery, end Mr.
Ssolaaland also beim esmrleked of having, by his moduct,
weinsail te his wife's gunk
De. 'hamar% Q. w behalf of Hr. Seam, now
mysff kffflowato a;1 pingel_the
_work to cceisson the
coompeeffent la the co, riessermig that the jury
had emV 1111• Mild •
Hr. ammo mayedhritha%e=ecists sagbike paid by
her usband.
Mr. Hawkins, Q.C., for the CO-T•sposdrat, hoped that
the court would not awls= his client in the upsemies of
the petitioner, whose sett led really failed.
Sir 0. Cresswell Wiest Y the overt had to deal with
the parties who came Mime it ss if they were guilty of •
C 14011114 offence, ha liedi eackainly have fell it his duty to
inflict on the ac-rememlent a pretty heavy fine. What
he had to do with. bewever, was the way is which the case
stood as between the litipats. Nothing wild be worse
then the conduct of the petitioner to the unfortunate re-
@modest. That unhappy women, perhaps • littleJealotts by
nature, had had that feeling constantly kept
_alive by the
behaviour of her husband, until at lam she had thrown her-
self late the hands of this Doyle, whom he could call
nothing lees than • seducer. MU she must take the con.
smatmose of her acts, even If they separated her altogether
from her children. That might be a very bitter result to
fell epos a women, but the court wee far from thinking
that it might not be a very salutary one. In this awe
the hubsed had no right to have his petition
and the court would not him a
diva On the other band the wife, having
been guilty of adultery, had no twits on which the court
could order her, even if it could entertain the matter, to
continue the custody of her children. Mr. Seddon had
certainly no right to receive Meanie from the co-respondent.
He was himself a great delinquent, and could not be re-
garded ma suoceedul suitor in that court. Hs (Sir 0.
C'reffewell) would therefore dismiss all the yanks, merely
ordering Mr. Seddon to pay his wife's costs. As between the
petitioner and theloo-respondent, he left each tom his own.
ROOM V. ROOMS (THR QORIC(d PROCTOR ITPIIIVRN010.)
Sir C. Creswell was of opinion that he might @Maly roo-
t coed to dispose of the case of the intervener on the affi-
davits filed. Having duly considered those affidavits, he
must pronounce for the dissolution.
Mr. Searle asked for the costs of the petitioner (the wife)
as against the crown.
The court was not certain that it had power to make such
an order, but if the crown thought fit as a matter of grace
and favour to pay the costs, it was a very proper uses ia
which to do it.

MI&D V. MELD.

The court ordered the defendant, whose wifo had pro-
cured a dhoolution on the ground of cruelty and adultery,
to, give a bond for I,oooi. to pay the petitioner 401. a year
(quarterly) dum sole. et mato went.

BAWD= V. ZAWDIN.
In this cam the respondent we. a pauper lunatic, and the
husbuid moved for leave to go on with his suit, notwith-
standing her condition.
Sir C. Cresswell said that, though the gtuirdians bad
offered to watch the came, end though it wee on. of greet
berdahip to the husband, he could not consent to the
motion.
Dr. Tristram moved for the costs of the guardians, who
bad been brought bore by a notice of the applicetioa.
Sir C. Cresswell—But they have come as volunteer. It
is very charitable of them, but it is a good action that must
lbe its own reward. (A laugh.)

COAPI V. 00APL

Mr C. Creswell directed that as reprded the 2,500 L
which constituted Mn. Cape's fortune, the trustees should
apply it to harass mit the thaddiedwithontmaking
en appointment. As rapnYC the 10,0001. which had been
settled by the respondent, the court wee not certain whether
it could interfere, as it bad been dealt with in bankruptcy.
He would, however, direct the povisional assignee to apply
any interest remaining in the husband to Ws. Comps during
their joint life.

away from ma He said, "Ima no boxer. You must give
me the eatiefaelion that one peademen would give to
another.° Mathes tuna mud and md, " Gentlemen, I
oaR you to winos what have dome. The insult now
mete with that fellow." Hs then left the house. What I
hadasidie Itatler wino intentional mine. 'only stated
what I heel
Cromdsamined—l told Mr. Ryder as we were g •
home together in • cab. I cannot sly whether I had Wld
any one else. I may have put the question. The
statement or gated= wee to the effect that I had
heard that Mr. Harris had got his protection
in the Bankruptcy Court. I heard it from
Mr. Edward Lawrence Levy, solicitor. He is not my
'Mornay, ace my father's. Such • statement, if untrue,
would homey Misdated° any person in our profession •
but I did not slate that it was so, but only leaked Mr. Ryde;
if belied beard of ft, and mid I Ned been told it was so. I
may base tom hint that it was done by private arrangement
an tae new act, by which, if two-thirds of the creditors
consented the others were obliged to do so. But Ido Doi
recollect saying that. I may have told Mr. May. Mr.
May is connected with Mr. Phelps. He makes the dresses
for Sadler's Wells Theatre. I won't swear that I have not
told a dozen persons. Ido not know that such a statement
=
ruin
• gentleman in Mr. Harris's podtion. Ido not
it would. I told Mr. May that I heard it from Mr.
Levy. I did not tell Mr. Huth on that night—he
did not give me time—nor did I tell him after
the indignity. I did not know what he had come
for. I did not think Mr. Ryder would have re.
peated • confidential conversation. When I asked Mr.
Ryder if be had heard that Mr. Harris bed obtained his
protection, he mkt, " No, I ha,. not ; but I should not be
at all surpr.ised it is so."
Mr. Come (addrening Mr. Giffazd)—Do you not think it
is now time for en apolop ?
Mr. Cliffard—lce it not dm, for a retraetation of the state-
ment that Mr. Harris was bankrupt?
Mr. Sleigh said that .Mr. Chatterton bad the statement
from • likely to be well informed, one whose name
was unknown in connazion with bankruptcyproceedinp.
Mr. Giffard had yet to show what was rosily stated to
Mr. Ryde
Mr. Curr.
ie did not see how such an assault could be jus-
tified.
Mr. Gifford said, though sot a justification it was •
peg provomMea is set abroad a report that Mr. Harris
ens imeiveali wit had net a shadow of foundation. The
magistrate would eonsider that provocation in apportioning
the Su.
Mr. Cords was not sure that if he decided the owe it
would be by &wedded;a fine. Such an tomtit must have
I led to • breath of the peace, and, but that fortunately the
severity of the law had put a stop to duelling, it might have
ended in that way. The defendant had accomplished one
7=in making it known that the statement was un-
-1 founded.
After some consultation, counsel failing to agree upon any
compromise, the case proceeded.
Mr. Frederick Penny, manager of the free list at the
logger corroborated the statement of complainant, and
that after the moult, the defendant said to him,
"I think he has been insulted enough."
Mr. Giffard, for the defence, said it was unnecessary to
call mare witnesses to the fade, which were admitted.
He pempased to examine Mr. Ryder as to the conversation
in the as
This was Nereid to; and
MT. John Ryder was called. He deposed—l wan riding
hem with Mr. Chatierton, in a cab on the night of last
week. He said, 'Of course you am aware that
He
got Ws protecties from the Court of Bank.
I mid. "No ; am not a .
ware of
don't the
wt. He " Well,l it is so." I mitt, ' I be.
neve it, He said,
" I know it." I mid, If" it were so,
the whole world would know it." He rid," No; it is
under the Private Arrangement Ad, by which, if two-thirds
of the creditors come in, the others are compelled to do so,
and be has three years to settle his affairs.'
Croseeumbied by Mr. Sleigh—Be did not tell me from
whom he heard it, and Idi nit ask him. On Saturday
night I told Mr. Widdioomb, and on Monday night Mr.
Harris:cares to me in my,dresaing room, and asked me if Mr.
Chatterton bad made such a statement, and if he might use
my cam I replied in the affirmative. That was at half-
p e.
ut eight, being probably ahead 10 minutes before the
assault.
Mr. Giffsrd said that Mr. E. L. Levy was now in murk,
and if the magistrate thought be ought to oat him he would.
Mr. Conie—lf your client bad gone to Mr. Chattering
as he went to Mr. Ryder, all this mischief would have been
Ated.
long conversation followed in which Mr. Carrie urtd
upon the partial to come to some
flifatd expressed his client's readiness toia if the
other side would distinctly withdrew the imputation of
bankruptcy.
Mr. Chatterton, through his counsel, Mr. high, was un-
derstood to insist on some condition with to code.
Mr. Corrie, who was made acquainted with the point in
dispute, thought it ought not to stand in the way of an
arrangement, observing that it would be much better to
settle the matter for many reasons, and that it would pro-
bably come to the same event at the sessions.
Mr. Chatterton—lt must goto the sessions.
Mr. Sleigh—l am silent, sir. You understand why. My
consultation iced an end.
Mr. Cifferd—Under the circumstances, sir, you will, I
suppose. bind the defendant in very light recognieancee?
Mr. Sleigh—On his owe recognmances will be quite
sufficient.
' The defendant end the witnesses on both rides were
then bound over to appear at the trial.
MARLBOROUGH-STREET.
' Bawd Wil/dese, of 22, Waterloeroad, Won. Cationah,
ID, Jamethtreet, Borough-rad, and Was. Potter, of 91,
Itemenothey•road, •31 young men, were charged before Mr.
Tyrwhitt with stealing • roll of felt, of the value of Si. 55.,
from the shop of Messrs. Ilinpton and Ruesell, furniture
warehousemen, 14, Leiouteraquani.
From the evidence of Mr. David Sboolbred, warehouse.
man, in the employ of the prosemstors.2t appeared that on
the previous afternoon's coachman at the door told him that
he had seen three young men walk off with • roll of
carpet. and that if he jumped on his box be would drive
him after them. He did so, and saw them running into
Heinming's•row, and be pursued them into the Crystal
Palace public-house, where he saw them with the felt. He
then charged them with dealing it, and they all seemed
much surprised. A constable was then sent for, and the
prisoners taken into custody. The roll contained 60 yards,
and was of the value of Si. to 51, 10e.
In answer to Mr. Tyrwhitt, the withal said a gentleman
also followed the primmer; ha having men them with the
felt carpeting.
Mitchell, 29S A,said he went into the Crystal Palace,
Castle-street, and prime= were given into his custody.
One of the prisoners had • letter in his possession, sent him
by • prisoner in the Wandsworth House of Correction. They
had all given false &deems.
Mr. Tyrwhitt said the officer had done all he had to do in
the clearest manner poundbis.
The prisoners were thee remanded for the attendance of
the person who had seen them take up the carpeting and
given the information to Mr. Sidelined.

George Rose, a stor=er, residing at 21, George's-
terrace, Winton, with assaulting Mra. Jane
Ilaultry, of 34, CaLli.asine-plaos, Islington, in a wrier on
the North London Railway.
From the evidence of the complainant, it appeared that
the prisoner, who was the worse for liquor, got into a car-
riage at Victoria-park. When the train started from the
Kingeland station the prisoner stood up against the window,
and leaned very heavily against her. She asked him to
desist, but he would not, and he abused her and celled hen a
filthy name. When the train arrived at Highbery she
complained to the guard, who called the police, end the
prisoner wee given in custody. Although the offsnee of
being drunk in a railway carriage is an offence spinet the
byelaw, of the company, end that this was aggravated by
one of the passengers being assaulted, it was remarked that
the authorities of the company took no notice of the matter,
and did not send anyone to the court, to look after the case.
The prisoner said he regretted having called the complain-
gut bad names, and he did not intend to assault her.
Mr. Barker fined the defendant ts.,or in default seven days'
imprisonment in the House of Correction.
The prisoner was locked up in default.

ut eritt adjournment for the present, to enable him to
ap his winsome.
some dinned= the are eras sooordiagly selloarned,
and the prisoner was removed to the cells.

THE WINDHAM LUNACY COMMISSION.

(Continued from yesterday's Expreer.)
Sir H. Cairns, at the ooncludon of Mr. Iswrence's exami-
natioo, mid there had been some convention yesterday with
reference to the examination of Mr. Windham and es to
whether counsel should be present (snot. He wished to ob-
serve on this sebjed that it was frequently desirable to
examine alleged lunatics in private whoa the sex or the
health of the parties made it neoeseary, but in the present
CY% on the part of Mr. Windham, he should deprecate a
private examination. There wee no raison at all why Mr.
Windham should not be examined in court, and Mr.
Windham himself desired that his anmin tlon should take
plans in open day in the mine way that the rest of the trial
had been conduded.
Mr. Coleridge said that, ocanktering the manner and tone
in which many of the questions had been pat to the various
witsesees who bad been called on behalf of Mr. Windham,
he should feel it to be his duty to be present at any exa-
mination of Mr. Windham, wheresoever and whensoever it
took pleas, to be himself a witness of the mode and nature
of every question put to him.
Mr. Clambers mid he had appeared in a similar case
before Lord Campbell, who had not permitted counsel to
bepremed. In needy every case the parties were examined
rit Odra mid in "mach's" caw the alleged lunatic
was sundae& in open court.
The Master—lf Sir H. Cairns is dissatisfied with the deci-
des las about to give he can at once take the matter
before the Lords indices and have their decision upon it.
All I (ea lay is that I do not wish to make this gentleman
a public exhibition in open court.
Mr H. Cairns—But Mr. Windham is perfectly willing
that his examination should be in open court.
The Maier—But I am responsible for the conduct of these
procesdrp, and Ido not choose to let him be examined in open
court whether with his consent or against it. The nature of
the topics upon which questions must be put are inch as to
render an examination, even in private, extremely *did ,•
end if it were to take place In prblin T suaaid &sal it almost
impossible to discharge my duties. Certain qumtions will
be put to bim by the proper persons, and any others which
the jury may seek to have answered will be put through
me, and I think that is the best mode of conducting the ex-
ambition. It appears to me to be almost inhuman to
make a public exhibition of him, especially whim It is
to examine him upon his marriage mai oiler
nepantal7acts which must be gone into. The seem tieunbt
of the pain of the examination sunset makes me
dumb, and I have been thinldng wbsikar, even
in private, I aught not to exclude eartain topics.
To permit inch topics to be gone late fa open court
almost amounts to a public outrage. Mr. Windham will be
protected by the of • shorthand writer, and. so far
as I am nave no objection to the presser of
counsel, although cannot at preset emir tbsi pre. I
rod seareely say that is any are the grikemen INS lhe kr
friend', lu_as
.ed-O knows, in vary friendly bailie.
et it rides pier in public r would execise •
palsying.''Zi.of r it
up= me, and reader me unable to fulil ay
duties.
Sir H. Caine—Mr. Windham rye that everything Uri I
could ores pain has already taken pros, and that he
should sow feel no pain in being publicly examined.
The Foreman of the Jury—We considered this matter
over in our room yesterday, and our desire is that he should
be as much as possible at his is.., and not_ W pub-
lic gaze during his eximination. We, therefore, think a
private examiner= would hi better sad more fair to im.
Mr. James Freebridge mid be bad been for 35 year
government purveyor of timber for the me of the royal
navy. Ho was well acquainted with the value of timber
and merge expenses. Irma. Lawrence aid Fry
asked him to go and look at the timber at Fattener.
He did so, aid went over the estate on the 17th of Novem-
ber. He made inquiries about the expense of carriage at
that plies. He spent about a week there. There was no
local demand for timber. He saw some timber which had
been blown down by the wind thtelizetortli spring. The
value of the limbs erpouded upon the locality.
In such a locality as Felbrign the was not worth
anything like ki gel. • toot. Oily the best oak fetched
that price. Oily • small portion of the timber was narked
for felling at Faring, sad of that a large portion wee
inferior.
At 5 o'clock the further inquiry was sAJosensd until to
(this day).