The Express.
London, England, 1864-12-10 00:00:00

THE EXPRESS, SATURDAY EVENING, DECEMBER 10, 1864.

LAW INTELLIGENCE.

EQUITY COURTS.—Dze. 9.
(Before the Neater of the Rolla.)

WRIGHT V. TIM BRIGHTON BRZWERT COMPANY.

This bill was filed by two of the shareholders of the above
esmeny against the company and the directors, Kerne for
sal injunction to restrain them from purchasing the Brighton
Brewery, at Hoye, under these circumatsoces. A Mr. Syria
metered into as agreement with Mr. Smithies, of Brighton,
fee the purchase of a brewer,. called the Northaireet
Brewery, subject to a proviso that such agreement
should be void, and the deposit money twinned
unless the purchase were completed within • period
sow elapsed. The bill alleged that on March IP
the provisional directors of the company entered into
an agreement with Mr. Syers, by virtue of which the
company were to become purchasers of his right under his
contract with Smithers. The company was incorporated on
April and its objects were, es stated in the usual
memonisclum, to be the purchasing of lands generally in
Brighton, for brewery purposes, sod the purchasing of the
liorth4treet Brewery. In the articles of association was
introduced a clause providing that the directors should pur-
chase from Syen his rights under his contract with Swithirs.
The defendants denied that any valid contract bad been
entered into on the part of the company for the purchase,
and proposed eta meeting of shareholden, held last month,
to purchase the Brighton Brewery at Hove, instead of that
is North-street ; but no decision was come to on the mites.
The plaintiffs now moved for en injunction to the above
effect. _ . .

Selwyn, and Mr. Fry were for the plaintiffs,
and Mr. Itorborgh and Mr. Jocock Webb for the de-
fondest*.

The Master of the Rolla, however, wee of opinion that
the proposed pwchase wee within the objects for which
the company was formed, and refused the motion. Costs
to be costs in the cause.

STUB V. Mt SAME COMPANT.

This bill was filed against the company by the plaintiff,
with a view to enforce specific performance of the above
alleged contract between the company and himself for
the purchase of his interest, under his agreement with
Smithers. It was also sought to restrain the company from
entering into any contract for the purchase of the Brighton
Brewery, or for applying their funds in any manner whereby
they might be in:►pacitatd from performing their alleged
contract with the plaintiff.
Mr. Selwyn, Q.C., and Mr. Fry moved for an injunction
to the above effect ; Mr. Beggidlay, Q.C., and Mr. Lorna
Webb appeared for the compaoy.
The Master of the Bolls refused the motion with cost,.

COURT OF COMMON PLEAS.—Dsc. 9.

(Sittiap at Nisi Fritts in Leadon.—Before Lord Chief
Justice Erie and a Special Jury.)

COULDEI r. LTLL—BILIACB Or PROMISE OF IiASSIAOI,-
The plaintiff in this ass, Mira Emily Coulden, sued the
defendant, Mr. Joseph Lyle, to recover damages fora breach
el promise of marriage; and the defendant pleaded denying
the breach, and also stating that plaintiff had exonerated
and discharged him from the performance of the promise.
Mr. Macaulay, Q.C., and Mr. Baylis. instructed by
Messrs..). and C. Cole, appeared for the plaintiff ; and
Mr. Hawkins, Q.C., and Mr. Drummood Davis, instructed
by Mr. Woodruff% for the defendant.

Mr. iluailay, in opening the cue, said that the plain-
tiff was a young lady now about 23 years of rpm, nod she
claimed damages for • broach of promise to marry under
eiraunstanose which, to his mind, ware perfectly upper-
?alibied. Ilia Coulden was the daughter of au engraver and
herald painter at Cambridge ; and the defendant., win was
25 or 26 years of age, was the son of • miner to CortiraU,
and was stn a very good position in life. The circumstances
out of which the acquaintance of the parties originated
were the following :—The defendant became an undergra-
duate of Cambridge, and in 1860 he was in the habit of
visiting his friend Mr. Ingle+, who lodged at the house of
the plaintiff's father. When Mr. Ingle. had taken his de-
gree sad left the university the defendant took his lodgings
at Mr. Coulden's. This happened in October, 1860, and in
December following he made an offer of marriage to the
plaintiff. The plaintiff said there was • certain disparity
between them in reference to their positions in life, and abs
declined the offer upon that grmind. Towards the
latter end of December the offer was repeated, the
defendant succeeded in removing the plaintiff's objection,
and in De,ember, 1860, they became engaged to be married.
The defendant had a Inng conversation with the plaintiff's
father and mother, and there was no concealment what.
ever. At this time the defendant's line of life had not
been fixed; he had talked both of the army and the bar, but
he entered at one of the ions of court, and in January,
1861, he was keeping his terms. Whilst the defendant was
in London. and the plaintiff at Cambridge, the def.u.l.nt
wrote to the plaintiff • number of letters which contained
nothing at all that was ridiculous, but which were written
in the most respectful terms, and breathed the most per-
fect love. In March, April, and May. 1861, the defendant
frequently went to Cambridge, sod be stated his intention
of making known to his father his engagement ; but be bad
as uncle from whom he had expectations, and who was ill
and was not expected to live long, whom he was fearful of
offending, and whom he frequently mentioned in his letters.
Be (Mr. Macaulay) would read • few extracts from this
correspondence ; and the first letter he would refer to wee
the following ;

" Wednesday Evening, Feb. 6,1961.—My dear Petsie,—
I'm very dull, havn't even aeon your likeness MOOD 10 this
morning, and now I want to see you very much I can't, so
although I have no news I write to you sod hope it may
do me some good, sod knowing you woe% find fault with
me. I 'woes, Petsie, I oughtn't to grumble, but I can't
help it, sod its very bard lines having to leave you and
live all alone by myself, when we were so particularly
happy together ; but we must cheer up, wit., for some day
we shall be together to remain so. I'm not going to ask you
not to forget me, became I know you won't do that, and I
shan't tell you that I won't forget you, because von know I
couldn't do it, but ae I ban no sews I may u well tall you
that I love you with all my heart, darling wifia. I with I
could see you, Petsie if only for • moment, but thiuk of
Saturday week !! ! God bless you, my own darling. Love
to all. Your loving Saul."

The defendant called himself Mille in meet of his letters,
and he frequently called the plaintiff hie darling Petaie, hat
be often called her his darling Tiddy, and other OMNI of
endearment. (Laughter.) The next letter win the fol-
lowing :

" Fri lay
Eveoing, Feb. 8, 1861.-34 darling Petsie,—
Never did I get a letter with so much pleasure se I did
yours this morning, and that pleasure was so much increased
whoa I had reed it—in fact, I'm sure that your happiness
could sot have been greater. Doses you ever fear that you
will bore me, darling, because that's particularly unlikely,
sad quite impossible if all your letters are like to-day's
and, Petals dear, in all the studies I ever loved so well, when
I begin I very soon find that love drives all the law clean
away. (A laugh.) The letter concluded :—'• Now, good
bye for a little while, wille.—God bless you—With deepest
love, your own Bette.
"Feb. 12, 1861.—My own Petaie,—l know I shall have
a letter to-morrow morning from my wake, so expect that
time will pass % little quicker than it has to-day. Horribly
slow it has been, except when thinking about you, darling.
Geo. has just come in, and hurries me so. With hest
love I wish you good bye, darling.—Your KALIF.. kiss
mamma and l'op.',
" Feb. 2.1, 1361.—1fy darling,—You know that whatever
you ask will he granted, so don't eak permission to ask any
more. Admire the tautology. There is sot any news. I'm
going to church to-morrow, like a good boy. Why should
you like to box my ears? Would it be to make me same*
the penalty for such a rash proceeding ? 1 shall punish you
even for the wish, Think about me at easy time to-morrow,
Feta* and iodulge me on Holiday moraiag. You're a dear
'good little wine to write me last night. Good bye, darlirg.
Love to all.—Your KALIL Tell Pop not to kick up a shindy
in church." (Laughter.)
" Feb. it, 1861.—My darling Petaie,—The idea of your
being frightened at asking me for a few &were 1 Compose
yourself, dear, and think that I shall have more pleasure is
bringing them than you in receiving. Jan in a fearful hurry,
being an hour too late for en engagement, and having tolls*
before I go; so pardon this dismal scrawl. 111 write again
to-morrow. Wee, you. I love you.—Your Kane."

---
He (Mr. Macaulay) dal not wish to go through the whole
correspondence' but he might remark that almost every
letter called the plaintiff "Dear Wifie," and was no
doubt written io perfect sincerity. The defendant had
warned the I.laiotiff against goiug to public entertainments,
which he thought in a town like Cambridge might lead to
calumny ; and on the thh March, 18ti1, he wrote to her :
"Dear Wilie,—Just one line to toll you that you shall be
petted for not goiog to the concert, and that I'm very much
obliged to you for staying away, a I like to say all the
pretty things to you myself, and not fur other people
to audibly praise you; in fact, it is very impertinent of
them, and must be very annoying to you. Is any other
place you might enjoy yourself without being (what I call)
insulted ; bat at Cambridge I am afraid it is not so. There
is not a Idiot news, save that I love you, end always shall.
—Good ova, dares:. Don't forget your ILuAz. want a
kiss very much."
During the whole time of comerpoodeoce the defendant
plaited the plaintiff under strict injunctions with regard to
her dress ; warned her not to go to public places • he pre-
scribed a course of reading, and made her learn IWian and
German ; and she lived a perfectly retired life' and obeyed
his commands in every respect. Towards the latter sad of
March the defendant was going on an expedition to Scot-
land, sod he wrote to she platotilf—

"March l+eil.—V•darliog Petsie.— rm sure you'll for-
give me for going Dorth without seeing you, as if I bad come to
Cambridge 1 should have had s great row with the tutor.
Moreover, we could have bad no fun with that in the
house. You're not to be too kind to that tarty, mind.
write to you whenever I get to my journey s eud, whenever
that may be ; but I'm not sure yet, as I am going into the
wilds, where there are no postal arrangtmeutv of any de•
neriptioo. 1 hope sou won't think cue a brunt, and go
fretting yourself about it. You must be trustful like
good child. and not worry your poor little head about
nothing. You know I shan't change, not being of the
weether-rork sort. Addio anima MIA. God bless you.—
Your own KALIL"

In the next letter the defendant wrote :—" My ewe
darling, T long for you more and more. Wbea will an my
wools be &dallied, I wonder r And oe the 28th /Larch he
wrote :

" Ily dear Esaily,—l got your hitor last tight as I was

stepping into my cab. Its contents have grieved, and I
must say surpriaed me. lam very sorry that any action
f miss should have lessened your confidence, or
have caused jolt a moment's pain, as it appears
from your letter I have done, as it was most
unintentiooed. My absence from Cambridge was news-
eery, not because u there, but from a slight fracas
with —. I very much regret, indeed just now I am
deeply grieved, that from peculiar circumstances I am
unable to inform my family of what has happened, and from
this very reason I wish it to remain unknown to my
Geode. I fear that lam causing you pain when it is ins-
tensible for me to help it, sod also that fretting will do you
harm. If I can in any way alleviate your sorrow please let
me goow when you write. Although I should have beet very
glad to have seen you, I am glad you did not come to
Loodom Would not such a visit have declared a mistrust
which I scarcely deserve. I hope you will osase to be un-
happy, as I cannot be other myself while thinking that any
deed or word of mine would have given you real cause for
grief —I am, with best love, your KAIll."
"Oa board the Dolphin. in Loch Fyne.—My dearest
Petsia,—ln spite of all my sins of omission and commission,
I have not forgotten that Monday is your birthday, and
though I fear you won't get this for mow time, as the
postal arrangements are rather loose in theme parts, yet I
must wish you very many happy returns of the lat. I imp-
poee 1 shall be forgiven by the time I come back, i.e., if I
am not forgotten instead.—With beet love, Kaum."
The Lord Chief Justice said that it was hardly necessary
to go through the correspondence, for there could be no
doubt that the relations between the partial were most
affsetioints.
Mr. Hawkies—Just so.
Mr. Macaulay said the story was very short, and he
would not occupy more time than was aeronomy. Ile was
now coming to a pert of the case which wee net unimport-
ant. The defendant having declined to send a formal in-
timation to Lis family of the position of affairs, both the
plaintiff and her mother urged him to break off the engage.
ment, but he refused to do so. The correspondence conti-
nued ; and in November she was on a visit to her noels,
a silversmith in London, and while there the defendant
urged her to consent to a private marriage ; but after full
reflection, for his own sake, she refused to be so married. la
December be was at his father's home, and On the 14th be
wrote this letter :

" Bourbon, Friday night. Dearest Tiddy. Sup-
posing I go to Balaton to•morrow, I get this ready
to post there. I suppose that you will read
it, although it is (like the rest) stupid and newsier.
My mother is not much batter, bat does not suffer so
much pain. Not a very ilourishiog amount, is it ! You
see if you bad tamed up on that said Saturday morning
(tb• appointment for the private marriage) I might have
had another bores for my mother that Icould conscien-
tiously recommend • but you did not, so H. P. and every-
thing alas are deferred. You did it (as you thought) for my
good, but I really am not sore that it is so—we Shall sea."
The oorrespondence continued from this tiros until Feb.,
1862. and on the Bth he wrote :

you forgotten your promise? I
mtwa that you would not fret any mon. I have scarcely
moment to spare, bat can say I love you. ILLI.te.-1
shall hear from me on Monday."

After this he ceased to write to the plaintiff, and she omit
knew why. Sbe wu very much afflicted at his silence, but
she could get uo answer to her letters, and at length she
wrote to him through hie sister, and he having got that
letter wrote thus

" Dearest Emily,—This letter will never express to you
my shame and disgust at my own conduct. I can, in fact,
scarcely write it, for I never thought it possible that I could
treat such love as yours in so vile • manner. To tell you
the gusts of the last these or four months would be simply
to reaseetulue • series of events. the recklessness of which
ems only be equalled by the unqualified misery of the result.
It is not alone that you are deceived, but every one persists
in thinking that I em not doing wrong, when I know that
my present course leads to Dodoes but wretchedness. Ido
not ask for your forgiveness, it is undeserved ; but 1 would
give the rest of my life to think that you were happy. I
looked at your likeness to-day, and you looked so pure and
good that I could not fancy you lisked by any tie to such as
I am. My aster Grins baguet me your letter, and suppose
has answered it ere this, is shit manner I can't imagine :
tut I hope in oat that will not cause you pain.
It she knew all I sm sure it would not. 1 suppose
I shall not see you for • long time—perhaps you may lay
never ; hut if it could be soon, I should at least be able once
more to tell you the real truth, which is that I love you
better than I ever chi Muse write me, even if you say
that I rout DOW see you again.—JOISIPH LTLI,
The next day be wrote :
" Dearest Emily,-1 don't know bow my letter of yes-
terday may be received by you ; bat if it be with forgive-
nese, I should very much like to see you as coos as possi-
ble. I ought to go down to the militia to-night ; but if I
do Dot, and I write to say so to-morrow, do you think that,
you can possibly arraage any plan by which you can come
up here ur meet me anywhere early next week ? If it was
not fat the way in which Toe have been treated, I should
have put a question which you once promised to answer as
I wished whenever it reached you ; but you deserve better
than to be held liable to anything you may have promised
me.—JOSLril LTLI, jun."
This was followed by the following :
"Donut Emily,—l have applied for leave from the
militia, but shall not be able to get away from town. Can't
you possibly come up. You keen you have not seen the
Exhibition yet. I wonder if lam forgivem or if my present
state is only one of aulfeturace.--Good night, dear, in haste,
Jour—JOS[PH LYLE. Inn."
In comeequesce of these kitten, the plaintiff, accompanied
by her mother, cam* up to Loudon, and had some calmer-
maim& with the defendant, the &atriuma of which was that
be thought of going to a colony, and mentioned British
Columbia. He proposed after he had settled abroad to
marry the plaintiff, who however thought that New Zealand
would be a preferable place. On the 31st of ]lay be wrote:
" My dear Emily,—The rubbish (his luggage) has turned
up all right, and many thanks to you for sending it. I
think I have beard you say that you would not mind being
• squatter's wife—do you etick,tu fhb? I will now give you
• solemn promise that I will not go to Britaah Columbia. I
have an idea of turning colonist, but as nothing is settled
plasm don't say • word about it. The Cambridge dons
will, I anticipate, be quieted during the ensuing week, for
which waste of money I expect to suffer. Waste not, want
not. You shall bear all the news as it progresses, and may
as well turn your attention to making pre and frying bed-
steaks. I believe that at present I should beat your head
off at cooking. Can you boil eggs? lam more than half
serious, miod.—With love, ever yours, Jose."
At this time the last interview took place between them,
' and Mrs. Coulden talked of the advisability of their breaking
the engagement, sung that the plaintiff could then near
to part with him, though it might be otherwise if the affair
conic to am end after be got to the other side of the world ;
I but the defendant refused to release the plaintiff from her
! engagement to him. He again wrote—
•• on board Bombay, °wowed, Monday.—My own
Darlieg,— You will have given me up like the rest by this
time ; but the last week has been such • scramble that I
have out been able to come to you, although I tried hard to
get • day. I know, my darling, that you are grieved by my
I going away, bat remember 1 depend on your love, and that
you are my promised wife. Before 1863 has passed away
- you will be with me, and my own. God bless you.
Dear Petsia don't let people turn your love away from me,
but rather, if possible, teach the., the truth, that this step
I has been taken mote for your sake than for other
reason. If 1 get • chance I will send a letter by a home-
ward bound. Good bye, my darling. Give my love to Mr a.
Cflulden and Louisa, and behove that you are better loved
thee) ever by your own Kull."
On the 7th July, the defeedant wrote at sea :
"My dear Petsie,—A homeward bound la in sight and will
probably take this off. I have only just time to say that wears
becalmed in • fearfully hot goo. and with nights as hot as
the day. Sharks, flying fish, and other tropical curiosities
are every-day things now. Banos we left one of the crew
died. nod we had to bury kin at night. You've no idea
bow short of sews we are ; the slightest thing sets us in •
fearful state of excitement. God bless you, my own der-
: ling; don't forget that or you depends my happiness. end
that I expect you es the reward of my labours. This is
written on my trunk in our cabin, sure feet by eight wide.
Dilly is writing away oe our table which won't hold Ewe,
God bless you, my darks,. Love to those who care to Lave
• it. —Ever yours, JOeLPII LYLE, jun."
This was the last communication that was received,
though afterwards the plaintiff wrote repeatedly to the de-
f.-adapt at an address which he had given Ler at Otago, bat
months and months elapsed without au answer; but at
length, in the early part of the preseut year. she loathed
' from sweet that the defendaut was already married in New
Zuland, and it had been further ascertained that, bums-
dmtely upon the defendant landing in New Zealand, he
' married a young lady who had been a passenger in the ship
sith him. Nuw he (Mr. Macaulay) must say that it was an
i nuparallaled incident that tb• drifted...at should not Lave
taken some step to prevent him from receiving tiniest of the
plaintiff's love letters, he being at the time &married man ;
and he slid sot think that has learned friend, Mr. Hawkins,
could, after this, have • single word to my to his client.
The defeodant's uncle bad died, leaving to the defendant,
upon the death of his father, an estate of 6tH acres, in
Curuwall, together with two smaller estates ; and the de.
tendant was now farming the GOO acres, sod had upon the
land about 5.0001. of farming stock. The defendant bad
also received a legacy of 1,0001., sod had some reversionary
interest should any of his sisters die before their father. Is
conclusion, the learned counsel submitted that the plaintiff
I was entitled to • handsome verdict, to vindicate her from
the wrong which she had suffered.
I Mts. Couldeo, the plantars mother, was called as a wit.
I sus, but before she was examined a consultation took place
between the counsel, and in a abort time it resulted in a
settlement of the cue.

Mr. Hawkins stated that he was very happy to any that
there was an end of the case, aa they had arranged that
there should Lea verdict fur the plaintiff for 1,11,10/. He
wished aka to state cio the part of the defendant that when
his learned friend remarked that he (Mr. Hawkins) would
sot Lave • single word to say in justification of the treat-
ment which the plaintiff bad received he said what was
strictly correct. He (Mr. Hawkins) had not • angle word
to ear in that way, but on the contrary, in ever• single ex.
pression of ►is friend as to the character of this young lady,
laud iu ono syllable that naloundal to her credit, the de.
fesidaattnost cordially joined. It was also his very anxious
desire that in consenting to • verdict it should not be
believed by any human being that it was through any fault
or default of the young lady th►t the iangsgement was
broken off. _

—c••raiCt tau than taken by consent for the plaintiff.
&naps 1.0001.

COURT ON EXOREQITER.—Dsc. 9.

Bittiop at Nisi Prins at Guildhall.-(Blocs Mr. Bina
lisrtiut and a Commas Jury.)

JAMS T. ONEDITAL FINANCIAL CORPORA]
TO PUBLIC CONZASIZS.

The was an action to mover moil bad and received
the defeadante to the use of the plaintiff. The defeudeate
pleaded Dever indebted.
Mr. Edward Jamie, Q.C.„ sod Mr. T. J. Clarke were
comma for the plaintiff ; and Mr. AL Smith, Q. 0., sad Mr.
Robbins for the defendaista.

Mr. 1:. James said thin was a cue which he apprehended
would remise itself ultimately into a point of law for the
determination of the judge rather than the jury. The action
was brought to recover 1001. under the following circum-
stances. The Oriental Financial Corporation (Limited) was
• company established hut spring under the Companies Act
of 1862. According to the first prospectus the capital was
1,000,0001., in 20,000 shares of 50/. each ; the fist erne of
shares was to be 10,000, the deposit on application IL per
share sod 4!. on allotment, the calls not to exceed 51. at
intervals of not lees than three months. The object was to
promote financial, commercial, and industrial enterprise in
the East by the application of English capital. The
prospectus also slated that the memorandum of the
articles of association might be seen at the other of the
company, and that in the event of no allotment beteg made
the deposits would be returned without deduction. The
plaintiff, who was a solicitor, made an application to the
director, for shares in the following form :—" Gentlemen,
Having paid into the bankers the sum of 1001., 1 request
you will allot me 100 shares is the Oriental FisencialCorpr-
ration (Limited), and I hereby woe to accept the sem*,
or any lees number that may be allotted to me, and pay
the calls in respect of the shares so allotted when due ; and
I authorize you to place my name on the register of mem-
ben for the number of shares allotted to me." The 1001. was
paid into the bank, and on the 14th April lest he received •
letter from the secretary of the company in the following
wards :—" In reply to your application the disisetors have
allotted you 65 shares. The amount required upon this
allotment is 3251., and you have already paid 1001., leaving
2251. to be paid to the kfermintile and Exchange Bank, the
1 bankers of the cow:Fir, making 5!. per share, to be paid on
' or before the 23rd A instant, or this allotment will be
liable to be muesli sod the deposit forfeited." This was a
term which the plaintiff never contemplated. He never sap.
posed that the money was to be forfeited on any given event,
and therefore the defendants sought to impose upon him
• term of which he knew nothing when be made the appli-
cation for the shares. There could be no contract between
two parties unless both agreed to its terms. The plaintiff,
therefore, paid no attention to this communication. On the
4th May he received • letter stating that the 2251. still
remained unpaid, and requesting the payment of it, with
interest at the rate of 10 per cents per &scum, from the
23rd Apr 1 Of this communication the plaintiff also took
no notice. On the Zith May the secretary again wrote to
the effect that if the mow, with interest, was not paid by
the 6th June the shares would be liable to be forfeited.
The plaintiff did not reply, and be received another letter
stating that if the mosey was not paid by the 30th June
the shares would be forfeited, and that he would remain
liable to all calls and accruing interest on the shares from
the day of forfeiture. On the sth July he was informed
that in pursuance of the resolution of the director the
shares bad been forfeited. On the 26th July the plaintiff
wrote to the secretary, stating that as the allotment was
cancelled he had to request the directors to forward him •
cheque for 100/. Oa the 29th the secretary WTOill that his
proposition could not be entertained. The plaintiff replied
on the 4th August that he had made no proposal, but
merely made a request foe the 1001., as the natural sequence
of the set of the directors. The learned counsel submitted
that under these circumstances there was no contract by

which the plaintiff agreed to the deposit being forfeited of
any certain event. and that if the directors chose to cancel
the allotment of shares there wee no consideration, and the
deposit became money received by the company to the use
of the plaintiff. He added that he thought the best course
would be to put in all the documents, and leave tbequestion,
which he considered to be one of law, to the court above.
Mr. Baron Martin said it struck him that the question
was one for the jury, but if the parties agreed to refer the
point to the court above he would have no objection to that

Smith said be preferred the case being left to the
Mr. Baron Martin thought it was for the jury to my whe-
ther the plaintiff assented to the terms of the allotment
letter, in which it was stated that if the money wu not paid
the shares might be cancelled and the deposit forfeited.
Mr. Y. Smith then addressed the jury for the defence.
He said that the Oriental Financial Corporation was a very
respectable company. with a very respectable bed► of dim-
tors, and when started, the plaintiff, like many other per-
sons, applied for shares, in the hops, no dtubt, that
they would go to a premium. lie received as allotment
letter, in which he was informed that if the money due
upon the shares was not paid the allotment was liable to
be cancelled and the deposit forfeited. If be objected to
those terms be ought to have domino at the time, but not
baviog repudiated them they were binding upon him.
Onion some agreement of that kind was made companies
could Dot be formed, and shares could not go into t►e
market. There could be DO doubt that the plaintiff was
waiting for the chances of the market, and that if the shares
had gone up to a premium be would have paid the
whole 3251., sold the shares, and pocketed the premium.
The shares, however, went to • discount, sod then the
plaintiff repudiated the allotment letter, and wanted to get
back his money.
The Secretary of the company, who was celled, deposed
that on the 14th April the shares ware stationary in the
market, and that on the 23rd they were at a trilling dis-
count. They had never reached • premium since, but the
discount had become greater.
Mr. Baron Martin, in annaming up, said the verdict of the
jury depended upon the letter of allotment, which told the
plaintiff in very plain language that in the event of his not
paying the it. per share, in addition to the 11., the allotment
would be liable to be cancelled and the deposit forfeited.
If be had written back immediately, and amid, " I know
nothing of that term, and I won't agree to it—give me back
my 1004," be would have been perfectly right in doing so,
because it wae not a term contained in his application. Be,
however, did not do so, and allowed all the time from the
14th April to the sth July to elapse without making any
objection. If the jury thought the truth of the matter was
that the plaintiff meant to play fast and loose, to take the
shares if they went to a premium, and to refuse them if they
were at • discount, and that is reality he agreed to the terms
of the allotment letter, they would find • verdict for the
defendants ; but if they thought he did not agree to those
terms, he bad received DO consideration for his 1001., and
was entitled to their verdict.

The jury, after a brief deliberation In the box, found •
verdict for the defendsots.

COURT OF PROBATE AND DIVORCE.
Dec. 9.
(Belau the Judge Ordin►ry.)
grunt o. 6lOat ►YD arrizrux.

When the above cue was celled 00, only six of the special
jams summered to their SIMMS ooe of whom, having bees
mooed for three days in the jut caws, requested to be ex-
cused.

Sir J. P. Wilde thought it was hard that Le should be
called upon to act nein, but the small number of the
panel who had attended rendered his presence necessary.
The Queen's Advocate having prayed a tales, proceeded at
greet length to open the cam Be then called the follows
mg 'Atomises :
The Rev. William Courteney Clack—l am carafe of the
parish of Morton Hampatead. My father is the rector of
that parish. I produce the register containing the entry of
the marriage of the parties in this cense. I performed the
ceremony myself. The respondent is my sister. Another
sister of mine is manied to Mr. Stephenson, another to
Mr. Bragg, and another to the Rev. Mr. Iteiby. I myself
married the petitioner's sister. Shortly after his marriage
the petitioner went to India. He is • captain in the Indian
army, and has also au appointment in a Devonshire regi-
ment of militia. After his return from India he went with
his wife to reside at my father's, and afterwar'is at Bud-
leigh Selterton. They had two children when they came to
Morton, and they bad soother born there. Captain Stone
meet to India again in 1859, and a fourth child was born in
the November of that year. In December, 1861, in maw
queue. of some communication I had received, I went to
Budleigh &Berton.

Cromexamined—That was on the 17th. My sister
had previously been staying at Morton. My mother (who
is since deed) wail exceedingly ill, and my sister bad come
over to see her. She stayed • fortnight or three weeks.
Captain Swim came with her. but he left before she did.
On the 12th of December be came to my house. Mr.
Stephenson was not present at the interview. Captain
Stone applied to me fur his settlemeote, but 1 bad sot tb•
custody of them. He slept at my house one night. My
father bad been incumbeet of Morton 50 years, and our
family are well known at Exeter. 1 knew Mr. Webb,
He was • friend of ours. Mr. Stephenson lives about five
miles from Exeter. I don't thiok I ever west to see my
sister at Iludleigh Saltertoo. She was living in a amen
cottage, and upon straitened mean,.l bad an snot
living there, Mies Hannah Maria Stets. Mr. Appleton wee
a married man, with five or six children. Budkigh Sol.
tertoo is a little fishing village, ten miontes' walk from oat
end to the other. When 1 went over on the 17th of Dee.,
I maw my sister, and 1 also saw Mr. Appleton at hie own
bottle. _ _ _

11.Zezarninad—Str. Webb was not a great friend of =is*.
but I had mat bitn. He hada good rapotation at Easter

teurr°°'

Augusta Johnson, of 15. Sutherland-placer
Bayswater—l am the widow of Csptain Johnson. I wee as
very intimate terma with the respondent in India. I nod-
loot ber being confined on the 23rd of April. 1856. I saw
her daily previous to that time. Dr. Mackenzie Weeded
her. The child was • full-grown healthy baby. Mrs. Stogie
said nothing to me about the birth being premature ; oo the
contrary, it bad happened on the very day it was expected.
Cron-examined—l have not had children myself.
Miss Rout Jesse-1 reside at &White% Saltertoo with
Miss Stone. the petitioner's aunt. I had lived with bee
ever since 1850. I saw the respoodenta few hours after the
birthof the third child. If ra.Stooe said that it mama very fioe
baby, sod that the name had told her it was as large a
many children of a month old. Shoals° said that shelled
gone • fortnight beyond her fall time. I remember her
being ill in January, 1861. She said that she was very
bilious and weak. I spoke to Mr. Appleton about her ; and
be said that her aunt Deed not be uneasy about her. She was
very poorly again in March • and she told ma she was to
take everything streagthenni.g, mid to wear • headege.

Captain Stone eau bowies the 18th of May, 186 L A day
or two before then the respondent expressed great sorrow
at his returning re ill. She seemed to be very excited ;
but I thought that that might have been on account of her
husbuid's health. Mr. Appleton left Bedleiub at the end of
April. He returned about November and went away
for good at the sod of that month. He him sever tome
back, to my knowledge. Mrs. Appleton lived only • few
minutes' walk from ms. Mr. Appleton bad been established
at Budleigh for 6ve or six years. He had a good deal of
practioe. There was another surgeon at Builleigb, named
W►lker. He at first attended so respoodeut and her
family, bat afterwards be only attended the children. Mrs.
Appleton left Budleigh is June lest. Iu October or No-
vember, 1861, Mrs. Stone spoke to me about • letter which
she had received from her eldest sister, Miss Clack. She
reed it to me, and said, "Only think how unfortunate. My
old nurse is engaged for November. December, and part of
January ; and I shall want her at the end of
December. or at the very beginning of January.*
A short time niter this she went to Morton Hampstead ;
and the evening before she also told her aunt that she
should want her nurse at the very beginning of January.
She went to Exeter on Christmas-eve, but I did not
sirs her there. The resposdtet had two permits
while she was at Budleigb. One of them, Susan
Harris, had been recommended to her by Mr. and Mrs. Reiby,
and Mrs. Stone herself often spoke of her se a very kind,
willing, well-conducted young woman. (The witoess proved
the handwriting of a number of the respondent's letters,
and also one or two from Miss Stone. These last referred
to a report that the respondent bad been speaking ill of Mr.
Walker, and the reepoodent, i odium tly denying the charge,
demanded to know who was Miss Stone's informant.)

Cressexamined—Captain Stoats obtained the respondent's
correspondence with Miss Stone from his aunt herself. He
told use that he bad been accused of taking letters from
his wife's desk, bat that the charge was not true. The
respondent appeared very fond of her children. She was
always a delicate person, and was often very ill. At the
beginning of 1861 she kept her bed, and when she did get
out &be was obliged to go io donkey chairs. She said that
she often vomited blood. She appeared to be in • state
of great prostration, and she mitered also from • varicose
vein. Before Captain Stone went to India he appeared to
be very friendly with Mr. Appleton. and spoke in high terms
of thegreat skill which he bad displayed in respect to one
of his children. He wished Mr. Walker to attired Mrs. Stone,
and Mr. Appleton the children. Mr. Walker declined to
do that. and Mr. Appleton bad therefore to attend the
whole family. I never heard that Mr. Appleton bad lent
Captain Stone money. When I told the respondent that
her husband was coming home she expressed great pleasure
at the circumstance, but great sorrow at his illness We
bad beard that he was coming home in • broken-down state
of health, and that be had been obliged to give up an ad-
jutancy which he held, and which brought him a consi-
derable portion of his income. The old nurse referred to
by the respondent was Ann Marden. I cannot say whether
what Mrs. Stone said was that, as Mrs. Maiden was en-
gaged in December and January. she could not take her
situation. She said nothing about her being desirous of
having her nurse in the house • considerable time before
her confinement. Ido not think she was, because she told
me cue day that nurses were expensive things. I don't know
where Ann Maiden is now. I did not mention before what
Mn. Sloes said about the sire of her baby, because I was not
asked about it. Susan Harris was • person that bad been
in • penitentiary. Mrs. Stone told me that there bad been
very extenuating circumstances in bar ease, and that she
bad had • sovereign sent her beanies she bad behaved well
in her situation for • year. Mrs. Stone trusted her with her
children. When Mrs. Stone was ill and the other servant
had to attend on her, Harris, being the only other woman in
the house, had to take esre of the children. That is what I
mesa when I say that Mrs. Stone trusted her with them.
Captain Stops dismissed Marks, the other servant, because
be did not think she was active enough. I recollect Mrs.
Stone coming back from Taunton. She was very ill ; and
said she bad • swelling on her side. She was, however, able
to walk.

Hei•examined—She erne ill in January. 1861. I do not
think she was better till the latter end of March, but she
continued very delicate, sod she went to Taunton in
April for ohmage of air. I believe she drove out in March.
When I have gone over to see bar, thiokieg that she would
be lonely, she has said to me, "My doctor has been so
kind as to sit an hour with me—it is a bad day, and I did
not aspect you.'
Mrs. Helen Skinlay—l live at Budleighßerton. lam
the widow of • naval officer, and I hero been obliged to keep
a school. In March, 1859. I became acquainted with
Captain and Mrs. Stone. They placed two children uoder
my care. I wart to Mrs. Stone's house one day about the
middle of February, 1861. She wee in bed, and was very
ill end weak. I offered to pct on the bandage for her which
she was wearing ; but she thanked me, and said that Mr.
Appleton could do it himself. While I wee there, the err-
vent brought a letter. She opened it, and having looked
over it, she pat it on the bed and said she would read it by
and bye. She said she was very sorry to find that her hus-
band was so ill that he would bare to come home. She was
very excited that evening. She repeatedly looked at
her watch. I raid that I feared she was expecting
some one, and that I would go. She replied,
" No, he will not be here yet.' She told
me that Mr. Appleton would rime about nine. Susan
Barrie, the servant, came is and out several times. I after-
wards beard a ring at the bell. Mrs. Stops geld, "That's
be; no, it isn't, pray stay • little longer." I, however,
kilt her. I saw hoe win to March. She had a letter in
her hand; and she said, "Oh. Fmin such trouble. What
do you think ? My dearest friend has turned against me."
I said, " Who? " She said, "My soot Hannah." I told
her that she ought to bare sane one to guide her, and she
said &ha bad. I told her not to tell me what it was all
about. Sir, said, " No, I don't wish to tell you, for it may
be brought into • court of justice, and you might be called
se • witness ; if you were, it might ruin mess • wife and •
mother forever. Mn, Sloes never said anything to me
about Mr. Walker. In October, 1861, I remarked
to her that I was very pleased to see bet to " that state,"
so soon after her husband's return. She seemed indignant.
led said, "laded you can't see anything of the kind."
About the beginning of November she told me that it was very
sad, but her husband would not allow her to have her own
medical mix. I asked her when she expected her confine-
ment, and she told me in December or January, or there-
about..

Cross-examined—Mrs. Stone said that her husband bad to
come borne from India on exeunt of a &rook affection of
the liver, and that his return would diminish their income.
She did not tell me that the servaat had put on her bandage,
and bad done it so badly that it had iecremed the swelling
it was intended to reduce. I was examined on the former
triaL I then said that what Mrs. Stone told me was that
if some matters went beforea court of justice it would ruin
" her and her family's peace for ever." I did not then say
anythieg about " ram as a wife and a mother." Within a very
short time—before the neat day was over—it occurred to
me that I bad not used the precise expreerion. I did sot
know that Mrs. Stone was referring to some obeervatiorm
which she bad made about Mr. Walker. I heard that after.
wards. Women greatly dislike being attended by any other
than their own medical men.

Swan Harris—ln September, 1860, I was residing at Bud.
leigh Salterton with Mrs. Stone. I went io the family by
the name of Betsy. Mr. Appleton used at fine to all once
or twice a week. In January, 1861, he began to call every
day. Sometimes he stayed an hour cr a hour and a half.
By her birthday, the 11th of March, Mrs. Stove was begin.
nisi to get better. and Mr. Appleton then only called oc.
camenally. She went to Taunton on the 7th or Bth of
April. After her return Mr. Appleton called frequently.
When he came he sometimes saw Mrs. Stone in
her bedroom, and sometimes in the dining room. Some.
times I found the door was locked, when I went to esquire
about orders for the tradespeople. When I did
go into the dining room, Mrs. Stone would be
lying on the sofa. She has salted me what peo-
ple generally took when they were pregnant I did
not remember at first ; but the mixt time I said I had heard
that it was white precipitate powder mixed with beer. That
was a short tame before Captain Stone came hose. After
Captain Stone's return the asked me again, and I told her
what I had said before. I hare seen Mrs. Sloss take the pre-
cipitate powder. I bare seen her take it sometimes in the
dining-room' and sometimes in Captain Stone's dressing-
room. She took it out of a wine glees. She asked me to
fetch 11011141 from the chemists and I did so. Sometimes I
fetched it. and sometime., Marks did. She said she Loped it
would do her good.
BI the Judge—l only fetched it once.
The Judge— But you said " sometimes you fetched it, and
sometimes Marks."
Witness— f said sometimes I mixed it and sometimes
Marks did it. Once Mrs. Stone said she thought it had
doge her good. She afterwards asked me if I meant to
speak of it. I said I did sot know,—it would all depend.
She asked me to go into her serrice at Exeter, sod uttered
to advance my wages and find me in clothes for two years.
I said I should leave the family altogether. She told nie
that she was afraid she was pregnant, sod that Mr. Ap-
pleton would be the father—that the thought he bad put
her in a swoon and taken advantage of her. This was in
December. In that month I was at Mrs. Stone's when Mir.
Bragg, Mr. Stephenson, Captain Storm, and Mrs. Baker
were there. It was on • Sunday. I was not here at the
last trial, but my examination was takes by a commission.
lam not married. I was confined last March twelvemonth.
_ .

Crossexamined—That wu my Ant child. I had been on
the streets, and then 1 went into the Penitentiary. A fter
I left Mrs. Stone's I went into helginge at Exeter, and then
to my mother's. Mra. Baker paid me sa. a week till just
before I was examined in March, 1863. I am not sure
whether Susan Marks was present when Mrs. Stone talked
about the precipitate powder. She took it perhaps a dozen
or twenty times. I have never takes it myself. I dou't
recollect the name of the chemist, but there was but one in
Budleigh Salterton. Mrs. Stone was taking the powder for
two months. Sigma Mark■ fetched some for her from
Exeter. She mixed it for her half a dozen times. That was
after what I had fetched bad been used. I never asked Mrs.
Stone to raise my wages, but Mrs. Stone said she would
ask Captain Stone to rake them from 8/. to 111. lie raised
it to Si. I never told Susan Marks that I bad a grudge
easiest my mistress. I found the dining-room door locked
whit Mr. Appleton was with the respondent—perhaps a
dozen times. I gave my evidence to Mr. Baker about the
time Mr.. biome west away. I went into his service for a
few weeks after I left Captain Stone's,
Re-examined—Mrs. Skies wrote a note to my mother
promising to give me a good character. (This was pro.
clued.) Susan Marks and I remarked the time Mr. Apple-
ton stayed, because we said to one another that something
bad would come of it.

—At tyi Maio of Na proceedings ch. court adjourned.