The Express.
London, England, 1863-05-06 00:00:00

To does nod name the main preoodiag, at wren o'clock.

Igo *nttlittnte.
EQUITY OOURTS.—Mat 5.
(Wore Vico-Chanoollor &r W. P. Wood.)
imam r. mum.

This was a snit aria;iiOutoftliSeircumatances attend-
ing the divorce recently bad between Mr. Gurney sad Mary
Jury Gurney, the person who was formerly his wife; and
the point in =me was whether one of the defendants, a
child born after Mary J. Gurney left her husband to go
away with his one Taylor, was entitled to share in
a sum of 2, , which bad, by a very retest deed, been
settled by Mr. Gamey in trust for the issue of his marries=
The facte of the cam have been frequently sad
lately before the public. So far m they appeared
on the present coonskin they were Mass. Some
time since Mary J. Gurney quitted her has-
band's holies in company with Taylor, the
sad from that time to the present Mr. eirreel
had not seen his late wife, except once when
he sew a parecm whom he believes to have been her is the
distance in a cab. Mr. Gurney forthwith took mesatiresfor
a divorce, and pending those measures, but before a decree
absolute, Mazy Gorse, was delivered of a f al-grown at=
months male child, the defendant already alluded to is this
canes. Moak evidence was gone into to show Mr. Gurney's
movements sod game of abode during the time that
for the nine months previous to the birth of thisthAlledd,
and assuming it was, as the medical testimony went to sup-
port, a nine months child, there was no doubt from the
residence of Mr. Gurney and Mary J. Gurney
being at distant places that no possibility of
moue saluted. If, however, the child was not full grow.,
the evades= though it went to the " face" of ario-aocess
was not inedragsWe as to the "nou-possibility" of sees=
for in the lapse of time it had become not goals to de-
mosidrate begged doubt at what exact spot Mr. Gurney
was during every day sad night of the nine immeass. Mr.
Gurney was asked in his examination whether there hsd
been access ; but on objections taken by the counsel for the
defendant, be wasnot allowed to reply. Is this state of
things, however, and with evidence leaving no room for
doubting but that moms never did take place after Mary J.
Gurney ran away with the groom, the cam was brought
before the court On the side of the defendant it
was strongly urged upon the omit that this sum of 2,0001.
had been settled for no other reason than to get a judgment,
which in its effect should bastardise this child ; that the
court would not permit itself to be made a party to such a
purpose, and thus that whatever the merits or demerits of
the case might be, the court would not entertaia the plain-
tire WU

The Solicitor. General, Sir H. Cairns, Mr. Asplaud, tad
Mr. Hutton were for the plaintiffs; Sir F. Kelly, Sermint
Bethintine, and Mr. J. N. Colt (with whom was Mr. Holt),
were on the other aide.

The Vies-Chancellor remarked upon the singularity
of the fact that an attempt should appear to have been made
to raise a question of this kind in this way. But, although
the real point at Moe might be, sot the child's share in
this 2,0001., but its legitimacy or illegitinmey, he could
not on that account decline to entertain the suit. Every
day questions were heard in this court in which some col-
lateral end was the real object in view. la many came,
indeed, he found that the court was made the medium of
advertising goods. But more legitimately its influence was
called into play is mess of guardianship and so forth,
when the administration of funds was made the
means of obtaining directions of the court under which the
religion, the amorists', sad the controllers of infante were
selected and maintained by the court. A purely' and
simply fictitious litigation was no doubt diseoatyed, and,
indeed, prohibited by the court.. Neither would they
allow themselves to be the medium of deciding mere wagers,
such as were made in the notorious Chevalier d'Eon's ow.
This, however, was no fictitious question, and the court
could not, simply because it might happen to know Mr.
Gurney was • gentleman of wealth, decline to decide
• question arising on so comparatively small • sum.
The proposition which had been made by the de-
fendant's mussel, to bring a emu of 2,0001. into court,
could not be listened to for a moment, for it was • mere
attempt to buy off the decision of the question. And with
regard to this point, his Honour could see no reason why
this ovulation should not be determined now. The status of
the infant could never be better settled for its own late-
reels than at this time, when it was yet sot only legally
but in fact in its infancy. He should therefore proceed to
determine the cense. And having disposed of the preliminary
point but little remained to add. for in other lemmas the cause
wee in reality undefended. Indeed, it might well be so, for
the evidence was so cogent that no one could doubt but that
access had never takes place, and that this was the child not
of Mr. Gurney, but of Mary Gurney's paramour. In this
respect the case was much stranger than the authority of
the ewe which had been cited as decided by the House of
Lorda. Under all the circumstances the plaintiffs must be
declared as the only children of the marriage of Mr. Gurney
and Mary Gurney, his late wife, to be entitled to the fund
in question.

COURT OF COMMON PLEAS. -MAY 5.

&tinny in Basco. —Motors Lord Chief Justice Erie, and
Justices Wales, Byles, and Keating.)

THE NATIONAL ASSORANCZ AND INVZSTNINT ASSOCIATION.
Mr. Daly said that his client held a deposit note signed by
two of the of this company, which bad,lasen wound
up in Chancery, and he had taken proceedings against the
company, but had only obtained a return of mina boot to
his writ. This being so, the present application was for a
aim facies against those persons who were directors when
the contmet was entered into.

Mr. Justice Willes asked if there was not • provision in
the Winding-up ea as to the way in which proceedings
should be tsken.

Mr. Daly—Yee, but he proceeded under the company's
own act, aad the question would be whether the provisions
ia it were repealed by the Whiding•np Act.
The Lord Chief Justice said that the learned counsel
mild take • rule at his peril, but surely it would be better
to proceed against one pence, and not against all the
directors.

lb. Daly, after some cliwnssioo, fell in with this Boggs..
tine, and elected to proceed against Mr. Henry Dodd.
Rule granted.

THE POLICE COURTS.

MARYLEBONE.

A lodgitig-bouie keeper named jasire7of 61. Marylebome-
road, attended before Mr. Yardley to lodges complaint
against the workhouse authorities of St. Marylebor for re-
fusing to admit his servant, who was suffering from small-
pox, into their infirmary.
After some few remarks Mr. Yardley sent Barrie. the
summoning officer to the court, to request Mr. Tubbs
(the overseer to the parish) to attend, and on his coming
Mr. Yardley rid—This man has been making an application
to me about a servant of his who has the smallpox. He
tells me that you said you could not take the party in. It
is a sad car for any one to be suffering from such a com-
plaint and not be able to be taken into the house.
Mr. Tubbs—l am sorry to my it is not the only one, for
Judas I came here another person requested an order from
me, as his son was down (with the smallpox. He came
from the Marylebor-road. The hospitals are all full, and
we don't know what to do. In company with the com-
mittee appointed by our guardians, I went to Highgate,
Hampstead, Hor neey, and other su turban places, in order to
see if we could not get some empty house or houses in
which to take the cases occurring io the parish, but directly
we mentioned the nature of our business to the agents or
landlords, they at once would not entertain our application
for renting their premises. In fact they closed then, at once.
Borne steps now, u the matter ironies such a serious
sweet, ought to be taken by the government. This morn-
ing a ore was brought under our notice where there were
ten cases in one room.

Mr. Yardley—The matter is now beginning to assume a
rather alarming aspect.
Mr. Tubbs—We have sent round to other parishes in
London to know if they will Join us in erecting an iron
hospital on some of the outskirts for the reception of small-
pox patients.
Mr. Yardley—Have you no place to bold your own small-
pox patients'.
Mr. Tabby—Our smallpox hospital only holds four.
Mr. Yardley—No mere! I don't know whether this dis-
cussion will have any beneficial effect. I hope it will.
Here is a disease going about amongst na and which every
one ought to strays to do what they could to =ppm& You
mast do what you can for this patient.

ZNIGRATIOS /ROM TNs MiSSZT SOS ALISTItALIA
AID New ZEALASD.—Ou Saturday List the ship British
Crown aided from the Mersey for Caeterbury, New Zeidand,
with upwards of 350 emigrants on board. The British Crows
bebop to Madura Duvet and Co., Led is one of the finest
ships of her elms. The ship Sbookarnozon, belongiog to
Messrs. Joseph Heap and Co., will lave either to-day or
to-morrow for aydoey with about 600 emigres's. The
equipments of there vestals are first class, both ships being
thoroughly ireotilided and fitted up with pitied water
filters capable of supplyiag the whole at the prefertre daily
with fresh water.

Full benefit of redaaal duty obtaia.d by par-
anoia( nerninuas Pen Tea: very Asko at Sa 4d. aM 4a.
High Standard" at ea 4d. (formerly 4e. ed.) is the strongest
and moat &Belover w! Imported.flemewea.) Agents In every town supply it In
gmeitete.--(Ad