The Express.
London, England, 1864-07-27 00:00:00

LAW INTELLIGENCE.

(THIS DAY.)

EQUITY COURT.
(Before the Lords Justices.)
[NOS V. Gil.
..

Two, occupied the VioirChancellor Wood for several
INA sod was argued before their lordships is May
ysr iv the bill Colonel Briolow Knox claimed to
b,e putun with Mr. Oye in the Italian Opera during
ow wean Ica% and 18i9 The question turned upon
oc assault( of letters and of conversations deposed to, and
„..ser quantity of evideoce was adduced. The Vice-Chan-
-0s Wood was of opinion that the plaintiff bad not made
ems car of partnerehip, but directed certain inquiries sad
~a,l gave the plaintiff leave to amend the bill with
Lica to an interest which he claimed under the late A. H.
Figistbwayte, who was also interested in the opera, and
rhos t:ie was executor.
Tye plaintiff appealed from this decree.
gic H. Calve, Mr. Giffard, and Mr. Townsend, for the
Colonel B. Knox ; Mr. Rolt, Mr. Hobbouse, and
Mirtintsle, foe the defendant, Mr. Gye.
Their loul.hip reserved judgment until this day.
LA Justice Knight Bruce said that the main object of
do, hit ass to establish a partnership between the plaintiff
pa the defeodant. The burden of proof lay on the plaintiff.
BA had entered into evidence, and the Vice-Chancellor
woad Oltuidered that the evidence did not make out the
risotilr, caseevidence had been laid before this
nod his lordship wu of onion that the col:cla-
ws of the vice-chancellor as no the effect of the
„4,00 was correct. But the vice-chancellor did
not dismiss the bill entirely, but gave some
relief. Tee plaintiff said it was not all that he was entitled
and srpealed ; the defendant said that the bill ought to
.lomusel. It wee possible that the plaintiff might be
entitled to relief against the defendant, who might be the
aerator of Tnistlethwayte, who might have been a partner,
and it was possible that the plaintiff might have claims '
wort the estate of Thistlethwavte. Still, considering the
from of the bill and what the plaintiff most have
than in l:481, aid considering the restricted nature of the
wee to amend, his lordship was of opinion that the bill
ought to be wholly dismissed, but without prejudice to any
light which the plaintiff may have, by reason of his having
executed any bond, or against the defendant as executor of
yboalethwaYte.
The Lord Justice Terrier was also of opinion that the
ybistid bad failed is establishing • partnership, but did
sot think that that ought to lead to • dismissal
of the bill, and though the plaintiff may have failed as
against C.yo in his own right ; it might be different whist
limucuvutor of Tbistlethwayte. The property decree,
therefore. seemed to be that the cue should stand over,
sith liberty to the plaintiff to amend, especially
si the claims of the plaintiff in hie own
rgbt might be effected by those of Mistie-
r:ware. His lordship had briefly stated his views, bet did
sot mean to persist in them. He understood that the can
would go to the highest tribunal, to which he left it. The
bill would therefore be dismissed without prejudice, and
with costs to the extent of 21)f.

COURT OF PROBATE AND DIVORCE.
(Bdore the Judge Ordioary.)
BANCROFT r. BANCROFT.

Mr. N. chinb;;;iiii,4;,ii;ijaWat Ballasting Dr.
Soma. and Mr. Staveny Hill for the petitioner ; the
glees Advocate, Mr. Coleridge, Q.C., and Dr. Swabey
for the relvadent.
The me, which was partly beard on Saturday last, ham
'lrene been reported at considerable length. It was the
petitioo of Elisabeth Bancroft against her husband Josiah
Barrow Bancroft, a printer in Piccadilly, Manchester, for a
initial separation on the ground of adultery. The defence
vas that the petitioner, having had an illegitimate child by
her uncle an iadiarubber manufacturer. named Harrier,
had concealed the feet from the respondent before his mar-
riage, and had paned of the child as her niece. He also
charged her with having committed adultery with her
brother-in•law, William Ramey, a calico-printer in George-
meet Beecheetet. In support of this plea,
Peter Pilkiegtoe, foreman to the respondent, said
that about three weeks after the marriage he had occasion
to pto his master's private office, and its found Rumney
there kissing the petitioner. A fortnight after he west
no a sort of kitchen where a quantity of blocks sad diem
ewe kept, and he found Mrs. Bancroft sitting with Ramsey
or
a coach in a manner importing an undue familiarity be-
tween them. _ _

Crosseramiced—Was surprised, bat not shocked.
Thought it was very envoi indeed. First told Mr. Bancroft
what witness hod sass when he was about to apply for •
divorce. Should is; it was about February. Mrs. Bancroft
genarallv went aboppiag on a Saturday, after which she
called at the °Moe and west borne with her husband. Had
twisted the resposdent in getting up his cam. sod bad been
with him with that view to several houses of ill-fame.
Catherine Pilkingtoa, wife of the last witness, bad taken
ran of Mr. /3eincrof Vs bones before his • and for a
short time afterwards. A fortnight after • marriage
Ramsey called on Mrs. Bancroft while her husband was
from home. Witmer saw him coming down stain, sod is
minute or two afterwards Mrs. Bancroft followed him.
Be aims twice more is the coon. of the nest three weeks.

Baum YIAIS, **resat to the parties in 1863, sa-id that
when Rummy caw he asked for Mrs. Bancroft. He ailed
lo kin bar, and she would fetch him a gleam of brandy aid
water. They would then at in the dining-room with closed
dooms At parting they would kiss each other. Oa
Co. occasion after Mr. Romney had left, wittier!' observed
that Mrs. Bancroft looked very much Brushed. She mo-
rally ailed after that to go out. Sometimes she would may
the was going to her husband's ofßoa, and sometimes to Mr.
homoey's warehouse. She once told witness that both she
sod her sister always flushed whenever they met anyone
nnexpectedly.
Crone-examined—Was dismissed by Mr. Bancroft for
haring a visitor. Mrs. Bancroft bad complaieed to him.
[The case wee prooesdiag when our report left.]

COURT OF BANKRUPTCY.
(Brian Mr. OonraiaaioDer Goalbara.)
Ls RE JOHN SMITIL -APPLICATION FOR ORDER TO P

The bankrupt was a caulker ist her Majesty's dockyard of
Portsmouth. He bed her adjudicated bankrupt in prism,
bat had not surrendered under the bankruptcy, and was
adjourned sine die on the 27th of April.
Mr. H. Lioklator, on behalf of the creditors, now asked for
in order of this coast directiog that the official &Nivea
should prosecute the bankrupt for nos-surrender. There
ill no trade emirs% but the creditor for whom he ap.
pared, Mr. W. Btu& a creditor for WM., was willing to jots
the prosecution.
. . . . .

Hu licwou; said the court had no hold on a private credi-
tor ;it was therefore much better that the prosecution
Medd be oradected by the official assignee, his costa being
guaranteed in the ordinary way.
Order accordingly.

THE POLICE COURTS.
(THIS DAY.)

SOLITHWAEIL
HIGHWAY 'ORRERY RITCHNING FROM ME WIMBLEDON

arvirw.
Wllham Edwards, a tell, well-dreeeed Yeeng loth, with
duk moustache, was brought before Mr. Woolrych, charged
with stealing a valuable raver watch from the person of Mr.
William 114lis, under the following daring circumstances :
The prceecut3r, a tailor, carryieg oo bovines in Wardoer-
street, said that oo Saturday be went with some military
friend/ to the Wimbledoe Review' end returned to hoodoo
between :land 10 o'clock. When he hed got outside the
platform waiting for his frieeds, and while he was convening
with a gentleman attached to the 46th Middlesex, the pri-
soner suddenly rushed between them sod osporly knocked
him down. at the same time snatching his watch. Finding
the latter was goes he seised hold of the proems; bat be
pi away from him, and ran across the Watmloo-roed. He
fn.. 'lowed him and saw captured in Roapellatreet, bat
UN watch vu sot to be found.
Mr. Woolrych asked if he saw the watch M his hand !
Wastes replied that be did not, bet no one else came
near bier so that he most have stoke it ; besides wittiest
law him drop something while he was running sway, and •
companion (oo doubt) stooped dove sod picked it up sad
Me ott. However, be would not see what it wee.
Thomas Rock, a cabinet-maker, said he saw the primmer
rnotiog across the Wsterloo.road, pursued by the mom-
cllo v. who called out, He cot my watch." Witness
followed, wad stopped him ia lloapell4treet, whoa they
had a desperate straggle, but • constable came up sad
ilMomd him.

Police-constable 81 L. said that on Saturday night he was
et duty outside the Waterloo terminus when he saw the
poseentor talking to one of the volunteers, god the prisoner
rushed between them and matched his watch. Witness law
it a his hand, sod just as he was about to seise hold of the
Filmier he received a blow from behind which knocked him
down and when he got np again immediately the prose-
cutor, in his eagernem toadies the prisoner, pushed him down
gait He, however, pursued the prisoner into Roopell-
"no. where he sew him struggling with last Trauma, sod
seemed hint. He searched bins, but no watch could be found.
Ne doubt some of his companions picked it up.
Tee prisooer denied all knowledge of the charge, and said
HIM the witnesses must be mistaken ea to big identity.
Yr. Woolrych thought otherwise, and as it was such a
Oaring robbery., he committed him for trial.

WANDSWIAITH.
WrABRING • RAN IN Tin ILSE RITH A PLY.—SHOCKING
AFFAIR.
Cortina, &Amish, • married women, who amis..' •
Mild is her arms, was charged before Mr. Ingham with
sulicionsly maiming James Condon by stabbing him in
the eye with a brass pin.
W:lson appeared for the prisoner, who has been in
Castudy upwards of three weeks.
The complaisant now attended to give his evidence for
the first time. He appeared totally blind, and was led into
the witoeu bor. Be stated that he lived at Pleasant-
Pike. Park•rnad. Clapham, and he got his limas by labour-
'l.l work. keew the prisoner and her hosbead. Oa
'Corday molts three weeks he west with his daughter
into the Gireleners' Arms, Perk-road, to have a
last of beer, aid he found the priaoser's husband and moms
of L.. frivole drinking there. Soon afterwards the primmer
"Mud and commenced to abuse witness, sad first struck
hit. op the nose and then on the right eye with her