The Express.
London, England, 1864-12-15 00:00:00

COURT OF COMMON PLEAS.

Sittings at Nisi Prins in London.—(Before Lord Chid
Justice Ede and a Special Jury.)

FRAILLY V. THE ANGLO-lONIAN STEAM NAVIGATION COMPANY•
FALLING DOWN THE HOLD OF A SHIP.

The plaintiff was a custom-house officer, having a salary
of 501. a year, and some other slight advantages ; and he
claimed damages for injuries sustained in falling down the
hold of the ship Hellen* which belonged to the de-
fendant+.

Mr. gerjeant Tindal Atkinson appeared for the plaintiff ;
and Mr. Hawkins, 14. C.. and Mr. W. Williams for the
deleodants.

The plaintiff's case was that on the 2nd April last be was
on board the Helleois in the course of his duty, and it was
desired that the mud should be cleared with all con.
venient speed. The plaintiff, instead of waiting for
• ladder to be fixed from the deck to the hold, slid
down an iron column and reached the bottom.
When be wished to return to the deck he called for • ladder
to be put down, and the ladder was put down by the boat-
swain, who went away leaving the mate to fasten it. This,
however, the mate did not do, and the consequence, was that
when the plaintiff got near the top of the ladder it slipped
away, and be fell into the hold, and in falling sustained a
compound fracture of the leg. He was six weeks in the
hospital and 131 days away from his employment; and be
was still somewhat incapacited for active duties.
The defence was that the plaintiff bad contributed to the
accident by having gone up the ladder before it was fastened
at the top.
The jury found for the plaintiff. damages 100/.

COURT OF PROBATE AND DIVORCE.
(Before the Judge Ordinary.)
STONE V. STONE AND APPLETON.--PART HEARD.

This morning Mr. Coleridge, Q.C, (with him Mr. Searle),
summed up the care for the respondent, observing that the
jury were asked to destroy the character of a lady upon
whose reputation there had hitherto never rested the
slightest stain, to beats dice the latest-born of her children,
and to dishonour as respectable and respected a family
as any in the great county of Devon—and they
were asked to do that upon were hearsay evidence of vague
gossip—upon evidence, in short, that in any other court in
• case of petty larceny would hardly be admitted as
evidence at "IL If it was really true that Mrs. Stone had
made a confession, why did not Captain Stone say so at the
interview which he had had with his brothers-in-law in his
wife's presence, for the express purpose of eliciting some
explanation on the matter? But though Mr. Stephenson
and Mr. Bragg were incessant in their demands for the
grounds upon which the petitioner based his charge, it was
not pretended that he ever gave them the slightest hint
that he went upon a single syllable which had fallen, or
which was alleged or supposed to have fallen from his
wife's lips. The learned gentleman again insisted with great
emphasis oc the fact that whatever Mrs. Stone might have
raid, it had created no unfavourable impression in the minds
of those to whom it was addreued at the time the words were
spoken. For example, it was suggested that she had com-
plained of not being able to have her old nurse early in
January, and that that showed • guilty conscience
on her part ; but if what she really did say
could possibly have borne any such construction would not
the answer instantly have been "January? Why, your
hush.nd did not come back till after the middle of May."
In reality it turned out that if she had wished to have Mrs.
Martian in January, she could have had her ; and that in
December Miss Clack had actually engaged her on Mrs.
Stone's behalf for February. The learned counsel also
pointed out that the state of the respondent's health wee
such as to render it utterly incredible that the offence attri-
bated to the respondent could possibly have been com-
mitted at the time suggested. As regarded the interview
which had taken place between Mr. Stephenson and Mr.
Bishop, it was perfectly clear that what the former gentle-
man had said was this—assuming that the opinion of
Mr. Webb, rash and unwise as it was now
known to have been, was well founded Mr.
Stephenson might have said that in that case
his sister-in-law must have suffered violence while in •
swoon. But what in the world had Mrs. Stone to do with
anything that Mr. Stephenson or anybody else might have
said about her? The medical evidence rendered it quite
clear that even if Mr. Webb had made the most careful
and accurate examination of the child possible, his opinion
as to its maturity would not go beyond a more or less satis.
factory guess ; but bearing in mind that Mr. Webb had not
taken the child out of the nurse's arms, had not weighed
it, or Duo it undressed, his opinion was absolutely
worthless. It was, moreover, proved that Mrs. Stone, from
the fact of her having previously had premature confine-
ment', and from the mental anxiety and bodily ill-health
from which she was suffering, was extremely likely to bear
immature children. In conclusion the learned counsel called
upon the jury to tear asunder, so far as their verdict could
do it, that dull cloud of cruel and infamous imputations
which her husband had cut upon hie unfortunate client.
(Cheers. ) . .

Mr. Lopes (with him the Queen's Advocate) then rose to
reply, and was speaking when we went to pram

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Con'burn.)
ix BE 0. KUTTON.

The bankrupt had kept the Leighton Arms public-hones,
Holloway, and also the refreshment-rooms at the ',erring-
doe-street station of the Metropolitan Railway. Debts,
~376/.: &mete, 501.
Mr. R. Griffith', for the assignees, did not oppose, bet
complained of the bankrupt's conduct in allowing Messrs.
Shh, the brewers, to take possession of the lease of his
house greatly under its value.
Mr. Begley opposed for Mews. It. Mackenzie and Co.,
creditors for 18.4/., who charged toe bankrupt with obtain-
ing wine and spirits from them in February last. Within
three weeks of that time be divested of his interest in the
refreshment rooms for &W. net, and paid the whole of
that sem to different creditors. In the following month he
sold his interest in the Leighton Arms ; and on the 15th of
April he CMe to the court on his own petition.
It now appeared from the accounts filed by the bankrupt
that on the let of January last, five weeks before lemming
the dent with Messrs. Mackenzie, he was deficient 1,8001.
This, it was contended, was not only a case of contresting
debt without the probable means of payment. but a clear
fraud on Messrs. Mackenzie, for he had applied the pro-
ceeds of their goods in the payment of 'other creditors,
On those grounds the court was asked to deal with the use
under the 159th section.

Mr. Sargood, for the bankrupt, admitted that Messrs.
Mackenzie had ground of Compliant, but denied that the
bankrupt was chargeable with anything life fraud, inasmuch
as the proceeds of the refreshment rooms and the
public.honse were never tinder his .Control. He to.d
been compelled to leave the refreshment rooms by
the Metropolitan Itsilway Company.; some more fortunate
persons having taken them over his bead. When they
were disposed of, notice of " the change" was given to the
principal creditors, who met and divided the money amongst
them, the bankrupt not receiving • penny ; aud it was only
by accident that Messrs. Mackenzie were omitted from this
arrangement The bankrupt had not sought for credit from
Mews. Mackenzie, but the goods had been premed upon
him by one of their travellers.
His Honour said he knew of nothing more mischievous to
commerce then the practice of travellers going round and
forcing orders for the sake of the commission upon them.
The bankrupt was examined, and stated that he had
taken the Ferringdon.street refreshment rooms, in the first
instance at 300/. a year ; at the end of the year Messrs.
Spiers and Pried offered 1(O?. more ; upon that he offered
SOW. ; and one of the directors went to Mr. food and told
him that naive he off,red 7004 he could sot have the lease.
This was done, and he (the bankrupt) was compelled to go
out.

- -
some farther evidence wu given, and his Honour deferred
judgment.
LPPLICATION TO HE-TAX THE WIESEENGEfea COSTEL—IN RE

REBTON.

In this ease a rule had been obtained by the trade assignee
calling on the messenger of the court to show cense why the
taxation of hie oats, made in ]ley last, should not be to

Yr. E Reed appeared in support of the rule ; Mr. Bagley
appeared for the messenger.
lt appearing that copies of the affidavits had not been
served on the messenger, his Honour dismissed the applica-
tion, with 00.1t8.

SHERIFFS' COURT, RED LION-SQUARE.

Before Mr. Mast-Sheriff Samba)
PROCLAMATIONS ur Ol MASKS.

Several proclamations of outlawry were made today,
including the case of the Hon. Richard Bothell, at the
nit of William Speritt. The following oases were proclaimed
by Mr. Hemp, the otßeer, in the usual manlier :—Thomas
Maelinight, at the suit of William H. Barber; James
Hall, at the suit of Thomas Henry Williams; William
Notes, at the suit of Samuel Fox Stephens sad another;
W ilium H. P. Gore, ►t the suit of the Loudon Beak of
Scotland (Limited) and George Warren, at the suit of Ed.
ward Watkins Edwards and others.

No aorreoder was made. &ea the nest county court was
appointed for the 11th Jarman..

THE POLICE COURTS.
(THIS DAY.)

CLERK EN WELL.

• qERCANT or? OF PLACE.7BHOCKINk. CANE OF nreakrm.

Henry Clark aged 19, laboorer, and Jane Harrison, a
prostitute, both melding at 59, Tgromill-street,
CAerlteo-
well, were charged with stealing 3 cotton dresses, 16
cotton aprons, 7 petticoats, 1 chemise, 1 mantle, 1 shawl, 1
straw bouliet,and other articles, the property of Marko
Frances. _ _ _

_
It appeared from the evidence, that the prceecutrix., who
described herself as • servant out of place, was living at
the louse of the prisoners, at 59, Turnmilletreet, and a box
containing the articles is question, belonging to her, having
been broken open and everything cleared out, she gave the
prisonen into custody.
On eromozarnistatioa by the magistrate(Mr. D'Emicsourt),
the hones °monied by the prisoners tweed out to be one
small room, containing one bed, in which the prosecutrin
and the two pciaosers used to sleep. She believed it to be

a respectable house, and not a brotheL The two priaoccr
wars not married.

grailasilt Eninn, 9G. rid be found nothing belonging tu
the prosecutrix except a piece of tape and ca.. ft,..
house occupied by the prisoners did not bear a good cha-:i.
ter.

The magistrate said it was a mat lamentable isvtav^e ct
depravity, and he advised the promentria in future to i%
in a more respectable manner. There was, however, o
enough evidence to convict the prisoners, and he L...
charge them.
MARLBOROUGH-STREET.

A FATHER CHARGED WITH THROwING BOILING W.% [Li. ,