The Express.
London, England, 1863-11-28 00:00:00

NOVEMBER 28, 1863.

Ldp *ntelitgente.
—.—
COURT OP %MEN'S BZNOII.—Nov. 27.
Attie Term sittings se Mai Priusore Warteisiastse.—(Beirse
Lord Mel Justice Clooktuns arid t iipeciel Jury.)
Mu v. PRAM AND ADDIEWL-1112 OAAN OF ALLBGED

LUXACT.

After our report left yeTeiSrtiai,
Mr. &dent Parry proceeded to address the jay fee
both the defendants. He said the result of the case
was of vital importance to the defendant". Dr. Fraser had
lately taken the degree of member of the Royal College et
Phydeisas of Londoa. He had been meyWamly a member
of the Ediabargh College of Surgeons, and • Rosetta** of
the Apothecerire Company, and he bad laboured moms-
fully for a period of 22 years. Mr. Andrews was • geed,-
mu of bat nine years' Moodie& bet he had had consider-
able practicer He was • member of the College of %spar
and a licentiate of the Apoilietasioe Company, and had a
degree of a Boodle naivenity. And these gentlemen, he
conteaded, had • right to complain of the manner io which
the plaintiff's mussel bad been instructed, leading to
• statement which was at varieties with the fur. It was
said to be the came al a lady who bad been improperly
confined by medial men se • lengthy sad bed bed keepers
put over bar without • shadow of • pretest*, sad he made
ea attack on a olass of milked men, as if the defendants be-
loosed to that elan, ousting an unfair prejudice
them. Mr. Chambers bad In fast built • made in "most
with regard to the relations between the pettier, and one
that he never ought to have pimento' to them in so luau.
tious and, as it sourced to him, inflammatory • manner as
be had door He mound them that the defendants never
bad imputed humility to the plaintiff, exospt in the
semis that she was suffering from delirium tremens, and as
to her being unable to manage her affairs it bad
never been insinuated. He then ad himself
to the merits of the an,, and Mangey ornmented
on the fact of this action mot brag brought
for twelve months after the offence alleged bed beau IXlai•
witted, and that the plaintiff was either set* under some
delusion' with regard to their conduct, or aba was the tool
of some metros. It would be his duty to call evidence to
show that she was suffering under habits of the saddest de-
smiptioo, of which she, of mune, had no retake:rice, but
he Ina drives reluctantly to it In order to refute the charges
that bad been said. against the defendants. He should
prove that she was stiffener from disarm rime time before
she was taken ill, and that she was at lint alarmed about
her leg and abstained hors drinking, bus for some dews
before the 23rd December she bed been drinking • bottle et
sherry • day, when she became so mod excited that Mrs.
Hill was obliged to all in Mr. Andrews, and he sew in a
moment that she was suffering from maiteenest, the result
of intoxicate's. He premeibed and gave directions for her
emsfort, sad the teemed counsel complained that the term
keepers had bemused in • most affeaelve =saner. end in •
way which was quite unjustilables. She was given • does of
morphia, which Dr. Fraser believed had the effect of
restoring her. And with regard to the watches, they were
placed there to prevent her taking too much drink, and
throwing herself out ride window, as she tried to do cm the
night referred to. Dr. Fraser had had great experieeco in
eases of this kind, and he and Mr. Andrews bed only
done their duty is preventing the *beta trans mouniad
suicide. The leaned counsel detailed the feels be she
prove in evidence, and observed it was probable she bed
mouse to drink, somehow or other, that retarded her
wh recovery. He should show her state oa
the Woodside were celled ix, and her violent saw
duct, shaking her fist, ere., in Mr. Andrews' face. He eon-
tended it was a perfect answer to the cue if the defendants
treated her in her sad state with proper skill sad care,
and according to the best of their skill and j:rmicers..
Inquiries were made by them about the plaintiff's
and it was only la compliance with Mrs. Hill's request that
they recorausoded her • nurse. The nurse's being there was
Decemary in conemasoos of the pelf-witted brother, who,
honey* his deter was ill-treated, was very violent, end
threatened to est the dog on Mn. Hill. Surely what they
did in that respect at the request of Mrs. Hill amounted to so
more than that it was dose with their knowledge and with
their consent to midair Mn. Synash sad not to • break-
ing and entering and imprimmag her, he., in the
words of the declaration. What they did was only to give
advice that would benefit and probably save the patient's
life, at the request of the only reepearlde peasee in the
home. A peculiar fact in the case was that the moo and
woman were not paid by the defendants, and there had been
nothing shown with regard to gate—that they bad bees
actuated by that feeling to ill-treat the indenter's** plaintiff.
He called Dr. Fraser, who was examined, and the court ad-
jouraed.

00IIRT OF COMMON FOGA/J.—Nov. 27.

Sittinp at Niai Prior is Middlosoz.—(Botaro Lord Mg
Justice Ms mud s Sposiol Je7•)

JONES V. LONDON AND NORTH WIDVW RAILITAT 001ETILNY.-

•CCIDIZT TO • roar-mesa CLlii.
The plaintiff is this ems was a dark in the orrice of the
Post-oMo*, and be claimed demises far injuries soatalsad in
• collision which basswood at Meld on the 19th Dammimr,
1862. The &bodiede did not dee tits* liability, so that the
wily question was the amount at to be awarded.
Mr. Morin. Q.C.. and Mr. °Ward appeared for the
tiff :and Mr. Hawkins, aid Mr. Charles Pollock
for the diffrodast.
It was ultimately mead that a vartlict should be taker
for the plaintiff, by reagent, fir 1,000

COURT OF EXOKICQUER.—Nov. 27.

Sittinp at Nisi Priam at Weetedaster after terin.—(Bsters
Bares Narita sad Oo Juries.)

WlLl:pflf V. sKlTll.—_Lnial.

This wee an motion for libel. Tie pleaded not
evilly.
Mr. Hawkins, Q. 0., and Mr. D. Kew, were comma for
the plaintiff ; and Mr. Barium* Haleatiee for thedefendant.
Mr. Hawkins mid the action was beinaglit by Mr. George
Wilkins, propistor of the Gnat Northern Hotel aod the
Retroshmeat-room at the Peterborcergh Railway-steam,
*plat Mr. John Smith, the *Oar and publisher of the
Daily Telegraph, for • libel published in that journal on
the sth Angulo last, co the comics of the visited his Royal
Highness the Prince of Wales to Halifax. The libel was
contained is as account given by the »porter of the news-
paper of that event, sad cast a serious imputation upon the
character of the plaintiff as reprded the quality ot the re.
trashmenta whieh he sold to the public. It was is these
words :—" At Leeds the stake was carpeted, and • gilt
throne wan brought teeth, is which the Prime of Wales
good.humoaredly took his mat for a minute or two, while
ao address was pomaded to him. At other stations the
train either stopped or palmed sloikthrough, till it came
to Peterborough, where the Prince alighted and took some
refreshment. It is to be hoped that soap served him
wee not the horrible period hotelman@ which is retailed at
that station at le. a plate to her Majesty's baps. Prom
Peterborough there wee se slackening express
until London TM pined, at half-pet nine o'clock; the
melee In waiting at the King's.erose terminus °Domed
his royal highoess and suite so Mailberough•boues." Tam
amounted to an allegation that the soup mild at the Peter-
borough station was • " horrible puree of horsebeens."
The learned comma laid he bad tasted the soap at
Peterborough, and he certainly never would until this
matter was clamed up. (Laughter.)
Mr. Serliant Hallantioe—Par you would not have
bon here if you had tasted ik ( ter.'
Mr. Heron Martin—There is so , supplies,
shout lionaleas ? (Laughter.)
Mr. Hawkine said that on the 6th of August Mr. Wil-
kins wrote • letter to the editor of the Doily Telerph,
complaining of the progniph, is which he said, "W. you
in common fairness allow me to oppose to this strange state-
ment the logic of facia. Tea and other tracks bad been
provided for the royal party, but the Prime's request for
something more substantial- took me by surprise. Them,
supplied TM that usprizi.ret :ailed at the station, and hie
royal hi4hasts, after of it. desired to be assisted a
second tune." (laughter.) t was unlikely that this soup
was made of honebsena, or the Prime would not have taken
is a second time. (Laughter.) The editor returned no
answer, and the plaintiff's solicitor snots to him in the
following terms : " The statement appears to
be • gratuitous falsehood iosppropnately introduced
is your reporter's amount of the journey of his Royal High-
ness the Prince of Wales on his rotors from Halifax. It la

unneommary to point out to you that es Mr. Wattles' bud:
nem at the refreabinent.rooms is entirely dependent apaa
the travelling public's sumer., such a stateumot in • perio-
dical so widely circulzies the Deily Telegraph is calcu-
lated to do him very great injury. Mr. Wilkins is there-
fore compelled to ask from you • oontradictiou or ratrecta.
Lion of the libellous falsehood to be publiebed in your paper
at an early date, or legal proosedinp will be taken %einem
you." Oa the Bth of August • paragraph appeared in the
newspaper, headed " Railway Refreshments at Peterbo-
rough," in which the editor said, " Mr. Wilkins, Um keeper
of the refraihroeut.rooms, requests us to etste that the
soapwhieli he mills at la. the plate is sot made from horse-
bees., as war surmised by our reporter, who tasted it oil
hie way from Halifax." This was followed by an estrus
from Mr. Wilkins' letter as to the refreshments takes by
the Prices. On the 12th of August the plaintiff's @elicitor
again wrote, stating that the above paragraph wee not •
complete retro:Sadao of the libel, and that unless the editor
fairly declared that be had no authority or greeted for the
allegation that Mr. Wilkins' soup was made of horse-
beans, which was " • gratuitous falsehood," an
action for damages would be brought. He received
in reply the following note :—" The editor of
the Dully Telegraph begs to inform Mr. Taylor (the solici-
tor), that should Mr. Wilkins be able to forward to the
office some of the soup specially alluded to, he will be
happy to place it in the bands of an analytical chemist, and
state Was columns of his paper what its component parts
really ere. Should be prefer to bring as action, the editor
begs to rambles to ilemrs. Lewis sad Lewis, of Ely-place,
Holboru." The learned counsel said that this amities'
letter tended to aggnivale the i•Jury, and left the plaintiff
no alternative but to bring this satiric.
The Jury, withoet leaving the box, gave a verdict for the
plaintiff—damages, MI.

(Before Mr. Beres Berdawell.)
BROWN V. allffß.7.Tlpt C!IKMORSZDOG SHOW.

Thia:eibe—;., which had haters bar teed before Mr. Baron
auto. whas the jary. sot being aide to agree, were Jir
charged, wee brought by Willies Brown, a butler to a fee-
theme of fortune, giblet Edward T. Smith, the
at Oremorse-prilless, to mover the vane of emillVt
teethe, valued at twisty guises,, which be bed esterted
to We elm tee szbibitios at the deg elm kohl la aril Itet

et dabber-dam-ha% eretigrion to the gazdece, bat was
lost. Though may disainstive 68d weichiag oily 415. Vos.,
it bore the formidable name of 'Fury," and wee oberd is
a cege, to whirr it was attached by •• chain. Draft the
ft show disappeared, no ere know whets, and a part of the
chats rill remained, hdhatiag, as the defeedantoontended,
that it had brakes away. The plaintiff admitted in bin
eri-
desea that he had resod a printed paper on whirl was the
following condition :—" The proprietor will make the best
anangsemete is hi power for the proper aooommodstioe of
the dsp during the show, bat be will sot be responsible fee
say loss arising from mei:huh or other causes."
Om the pert of the defence it woe contended that upon
this agemensat the defendant was not liable, mama it mild
be shows that the dog was lost through gross oegligenee by
himself it hie reroute. Evidence was giver: to prove that
err, posihis pressman was taken for she confect and
safety of W dip, aid that out of 1.500 only two were lest,
leehodiai that if the plaintiff. The defendant offered a
reward of 101. for it, sad ultimately it wee given up to a
perm% his employ for 51. The defendant intimated to the
plaintiff that his dog bad been found, but he suds Do reply,
and as it wee suffering from the distemper he pieced it under
the ears of a veterinary surgeon named Mason, but evertually
it died. Mr. E. T. hnith and • considerable nasabra of vit-
amins were called for the dream
Mr. Baal &wawa in summing uP, said the Plaintiff
was boned by the agreement, which be bad rimed with hi
eyes open, but that did not relieve the defeadaat tf be bad
bees guilty of any want of reasoeable cum by which the
dog wee log.
The jury forted • verdict for the plaintiff—clanages, 157.
Mr. Baron Bramwell gave the defeedrat's counsel LISTS
to move the court above to eater the verdict far the defen-
dant, cm the ground that wider the egreament it wee for the
sLiitiß to ham shows that there was grams negligees. as
sbii part
Mr. Bert—Will your lordship artily that this i • fit
ems to be tried bi • ripener mart
Mr. Berea Bramentainly not. It ought to have
bees tried is the county court
Mu Best—ll has been tried in the cowry eon* bet thee
the veellet was for the defeedeet. That. I Mash shows
the evil of going to the croaky evert. gratnikter.)

00IIRT OF BANICEUPTOL—Noy. 27.
(War* Mr. Oommiastorior Gloalbaro.)
11. LIBOT.-00LONIL DICKSON.
.

This was the forWraim-iien mod discharge in the
am of Lothian Bslll Dieloson, of No. 10, s
terrace, llyd•-parkiprdens, late lient,colcual el=
Beaumont of Tower Hamlets Militia. The case is sumark.
able boat the fact of the bankrupt hams taken premed.
lap
re.airaiaat Viecountl3oo6llllMerly the LA of Wilton. and
for an alleged oosephacy in ameazion with the man-
agement of the regiment of whisk the bankruZzies lists.-
colonel. Vimeenst Comberniere being the and the
Bari of Wilton the coonneading °Meer. The tof that
trial, it will be remembered, wee adverse to Lieut.-Colonel
INA:eon. Re wee shortly afterwards arreded at the suit
of Memo. Lee, Pemberton, and,om, solib2 for 9781., the
bakers of their meta (Mi. having been on moccuot),
and remained in custody until after his piny, when be
obtained his discharge in the until way, wader the 112th
swam of the Bankruptcy Consolidation Act, co the 9th of
fliplembar. The adjudiadias of baeboupley was made on
the Mid fispOssaber, on the petition of Mr. Josiah Erik,
bill-banher, o 1 Cormitill, a creditor far N 8&, for maw
advanced en el: aorepteness of the bankrupt's.
The seessate dbekies the following state of affairs :
Ds.

To creditors unsecured EL= 0 0
Ditto for law costa
Ditto holdtair
Ditto to be paid= 1 0 8
CD.
. . _
. .

Hy =Mg end' up to e-Bigness &so o 0
held am security
6,266 0 0
The b=a personal expenditure is stated at 5001. a
year far the two years precsdieg the bankruptcy. The
ham of 3,8901. for law mete is thus oomponed :—Lord Com-
hamarr and others, about 2,0001. • Mum% Lie, Pomba-
tom and Co., solicitors, LiocoliesAnn-fielde, WEL ; Lord
Wilton and others, 8411. The property bold by ',rattan
as security consists of policies of insurance on the bank-
rapt's life and • mortgage on some land at Moseley. The
property given up to the endgame ecenprises • esnall quan-
tity of plate and autumn. Under the heed of property the
bankrupt Mate. that be was entitled on the death of hie
wife to the intrust of 9,8001. in the Three per Omits., bat
that Winn was [orbited by his bankruptcy.
Mr. Lankier,'" append for the meioses ; Mr. Chidley
for Mews. Lee and Pemberton ; and Mr. Inerrant» for the
heakmpt.
phe owe having been gone into at considerable length,
His Honour said he did not think further account. moan
Nary. The bankrupt had given his own explanations in a
satiefactory way. The court could not say that the debt
with Merin Lee and Pemberton was contracted without
probable mesas of payment. They knew that his wife had
• settled imams • they had bad money on account ; and
they bad taken lb. advice d counsel.. to the chances of
1101:011110.

Mt.Chidley asked that the order of discharge should be
adjourned.
The Cenimimioner—Looking at all the circumstances of
the cedes, and at the relation of attorney and cheat subsist-
ing betwees the parties, I do not think that sufficient
grouted has beim shown far adjourning the order of discharge.
Order granted amordiagly.

TNZ ALLIOND MANILLAUGITIN IN A MUSIC HAI"
—Yesterday Mr. H. Balks Webhew, deputy coroner, held
=dry at the Gant* Swam Lsoaantreet, White-
the death of Thomasßaas who woe killed
In as affirarwil a vocalist at Wiltos's '1Indo•ball, on
Wednesday eight. After the evidenes which we pablished
yarterday as given at the police court had been taken, the
*dry was adjourned.

Tons MELANCHOLY Dairy or • LADY PkOle
Burros= Sciana.—Yostarday an inquest was bald at the
White Horse Inn, Rottingdesa, before F. H. Gall, Feq., to
inquire into the oircliMatelbeee atteoding the death of the lady
who was found dead es the beads, betimes Brighton and
Matinees's, on Wednesday. The circumstances of the
teas are of • mast melancholy and peculiar nature, and have
created the utmost sensation in the neighbourhood. The
deceased'. maides isms, it appears, was Jane Pisa, and
it we stated that was educed by • Captain
Brno*, whom she afterwaids lived with, and was said
to be his wife. In consequeoce of his having dratted
her, she became as terms of intimacy with siMr. Adolphus,
mid thoogh she bad said she was married to him, and also
went by the same of Mrs. Adolphus, that gentleman pod.
lively smarted that such was not the case. It farther
appears that Mr. Adolphus left berms the Ath of Novem-
ber, at Loodon.bridge Station, the deceased proceeding to
Bright," end he dad not see her again alive. She was
found dead as the beach, as already mated, last Wednesdays
and it is clew was not actuated to commit suicide in
Gams:pierce of poverty, on not may was she
drained in • very ladylike maw, bat she had
she several good rings on her ger, *ides •
enmotisztof= in her pocket. I. her bosom too was found,
10 all silk, • portrait al Adolphus, on
I tieback of wrri was Initial" in a good handwriting the
words, "My husband." In the same packet was else •
piece of raper, in which was written, " My false and per-
jured husband," and giving the name of Adolphus as well
1 with his address. The greatest interest has been manifested
in the case, and at the inquest Mr. Sydney, solicitor, of Lon-
don, appeared to watch the case on behalf of Mr. Adolphus,
who was also preempt and pee *Ticknor. The inquiry was
ultimately adjounsed. —Sarre/ Standard.
AltalleilD IN TIM; The large passenger shy
Royal Standard, Captain Allen, from Liverpool for .
bourse, went tato Oork harbour on Wednesday, at 6 o'clock,
having left Liverpool on Monday morning. As soon ea she
entered, tha hes& of the police got alongside, and told the
captain they wanted two young men, named London and
Warwick, on the charged committing a forgery upon the
Northampton Bank for 3,0001. The delinquents were soon
found travelling under the name. of "Barry Vincent "sad
"Charles Dickens." They wens arrested, and oe their
persons was found the sum of 1,2381. They bad, besides,
• most wetly outfit. They looked on the proceedings by
which their mine was arrested with the most perfect
indifference.

---
THE FATAL ACCIDENT AT ISLINGTON. The
excitement consequent on the fatal accident at the Wheat.
sheaf public-house, in Upperetreet, Islington, continua
unabated throughout the neighbourhood, and much sym-
pathy exists for the families of the deceased sod injured
men, who are all residents in the parish. A. influential
committee, with the vicar at its bead, bar been formed for
the purpose of receiving subecriptiocs towards • fund for
the relief of the families, and up to last night above 1001.
had been received. Several of the tradesmen in the district
have also opened • palsy subscription in their ah Lest
evening • public, meeting of the inhabitant. ofaliegtow
was held at the Dundee's Had, Camden.atr.et, Islington,
for the purpose of forming a tradaernen's committee to co-
operate with that formed by the vicar. There wee • very
large attendance. Upon inquiry nt the hospital lent night
it appeared that some of the sufferers were programing fa.
valuably, but that Cainidy and Smith had been very rest.
less and in great pain throughout, and that both, but 'spo-
okily Smith, wham ribs were extensively fractured, were
lying almost without hope of mover,.
ACCIDENT ON THE LONDON, CHATHAM, AND DOVER
RAILWAY.—At • late hour on Thursday sight an accident
occurred to me of the goods trans on the Loudon, Mailmen,
and Dover Railway, between the Chatham and Rochester-
bridge stations, by which the train was throws off the line,
and the traffic delayed for some time. Ttiert of the line
at which the aorideat occurred was a h em en
over the mashes&dish:dug the Medway, whir. the lino has
• considerable curve. On approaching this portion of the
line from the Fort Pit Tunnel the driver./ the train law •
bullock on the line, and before he had time to stop the
train the engine struck the animal, and mutilated it In •
shocking . The urine and tender with most of the
trucks, panted safely, but some of the waggoes at the end
of the train were thrown off the line. Fortunately, how-
ever, the train bed been nearly brought to a standstill,
which prevented any of the trucks being hurled down the
embankment. Steps were immediately taken to clear the
line, which wee accomplished by an early hour yesterday
morning, and the tradie resumed.
Naval. Railways—The following a intment
bas Imams& To be sub•lisatanant, Richard Jobn Bee.
• Honanwo's Ts., is choice and strong, moderate
tbserms, wholesome to MS. There advantages have smeared
Tee • gmerai prolsrancs. It Is sold In pockets by 2.2/4
egeria.—lAtholdsomsuL]