The Express.
London, England, 1863-12-21 00:00:00

COURT OF QUEEN'S BENCH.

Alter Urn Sittings at liki Prins at Coildb;ll:—(Ed,"
lard Chid Juba Cockburn and a Special Jam)

LINDSAY, Y.P. AND OTRIDIS e. LZATNLET.
The further hearing of this case wee resamed this mon.
log. for the seventh time.
The Solicitor-Genera, Mr. Dowdeswell, and Mr. Horace
Lloyd, were counsel for the plaintiff ; Mr. Beall, 4.1.(;„
Sir George Honeyman, and Mr. Welkin Williams ma,
counsel for the defendant. _

The tediotte monotony of the ease was this morning
Bend by one of the jurymen calling upon Mr. Bovill to state
towboat be referred to on Saturday when be said there were
two of the jurymen related to one of the plaintiffs.
Mr. Bovill—All the defendant knows about it is that
gentleman entered the court and earl, " You h„, a
cousin of Mr. Miles Stringer, one of the plaintiffs, auj
wbo bu also a eon in Mr. Lindsay's office, on the jury,
I mentioned the circumstance, thinking it would be ni&l
satisfactory to him to be relieved from his *dui p0,i6,,
The Solicitor-General—l don't think such is the fut.
The juryman—l um doubly connected by marriage with
Mr. Miles Stringer. I shall be most happy to withdraw.
The Solicitor-General—To what extent are you connected
with him?

-"EiteTjnryrnan —My brother married Yr. Edgar Winger',
abler—(laughter)--and my uncle married en mat of ho.
(Laughter.)
The Solicitor-General—Yr. Milos Stringer hu not the
114htest interest in the are.
Mr. Bovill —He is coed the plaintiffs on the record. The
eta ement was made unsolicited to the defendant's legel
'Atrium and eo much attention did it attract among thole is
aunt that a letter on the subject has appeared this monug
in the papers.
Another juryman mg that unless a juryman was chat.
leaved when he entered the box, it ought not to be doe
aftArwarde.

The luryinssi74 shall be happy to withdraw.
The Lord Chief Justice (to the learned couniel)—Whst do
you wish to have does!
Mr. shall be happy to accommodate the gentle.

The Solicitor-General—An objection of this sort ou;kt
to be raised in the was, form and at the proper tire. It
is not a 'nod example to set to withdraw a jorymas eta
he has devoted a week's atteotion to the cesie.

Kr. Borill—l do not ask him to withdraw.
The Lord Chief Justice- On the contrary, I serlenitial
Mr. Barill to say he has the fullest confidence is the gea
tier an that he will honestly and faithfully discharge to
dote. . . .

-- • •
Kr. BovM— I rather compassionate the gentleman's pal.
!ion, and I should have thought the learuedffolicator.6 seen!
would have been glad to accommodate him.
The juryman—lf I had thought there bad been my
chance of getting off from serving, I would have stated r 4
manorial with Mr. Miles Stringer, when the jury sue
first called.
. _ _ . . . .

—Fhe Lord Chief Justice—What would you rather do
yeomen ?
The Purism—l would rather withdraw.
The Lord Chief Justice—That is, your being Meisel
from the remainder of this troublesome inquiry; bat
mean you don't feel yourself under a difficulty as to you
discharging your duty conscientiously!
Th. 17"1"—Certabily not. I shall endeavour to do to.
The licdtor.Cleneral—l shall have no objection to lit
withdrawing. if he thinks he can consistently do so.
The Lord Chief Justice—lt is more a question of private
anal personal feeling Rather than anything else. The pi•
tleman can only withdraw by the consent of both parties.
Mr. Bovill—Etteyoos who knows the gentleman as I do
must know that a more honourable gentleman does not
exist. I leave his withdrawal entirely to the plaintiff.
The Lord Chief Justice—The only danger that I Khali
apprehend would be that a high sad honourable mar, is
endeavouring to show his impartiality, might rather p
against his friend than for him.
The Scffielitor-Genersl—l give my full consent to the gen•
lissasa's withdrawal.
The juryman—l feel great delicacy about the matter, to
when tie learned counsel allude.l to the circumstance a
Saturday, I bad not the least idea he alluded to me.
The Lord Chief Justice—The learned counsel certainly
alluded to it in a very graceful manner on Saturday, sod said
he had the fullest confidence in the juryman honestly sad
faithfully discharging his ditty. Will it be more agreeable
for the gentleman to withdraw ?
The juryman— It will be more agreeable to me to with.
draw.
The gentleman then withdrew.
Mr. Hovel' then proceeded with his address, minutely en.
staining and criticising the voluminous evidence giros hi the
case.

COURT OF COMMON PLEAS.
Sittings at Nisi Prins in London.—(Before Lord Cliff
Justice Erie end a Special Jury.)
KIRBY V. POWELL.—DIED 0? SIPARATION.—PLED Or
ADULTERY.
WS wee an anti m to recover two monthly hotelman
due upon a deed of separation between the defendaat sad
his wife.
Mr. Serjeent Moulins and Mr. Marten appeared fordo
plaintiff ; and Mr. Hawkins, Q.C., Sir George Houma,.
sod Mr. Lrdgard for the defendant.
The defendant's case. in consequence of the form of the
pleadirirs, was first laid before the jury.
Mr. Hawkins said that the defendant, Mr. Ellison Panel,
was a silk broker in Old Broad-street, and was until
ltM
a member of the firm of Followed and Powell; sad
after the death of Mr. FeUowes he carried on the Whim
alone. The plaintiff was a doctor of medicine, who formerly
carried on businese at Haverstock-hill, sad sow resided
Tavitocostreet. Gordoo-equare, and he sued as trustee of
a deed of separation between the defendant and his Mb,
which was dated in June, 1860. Mr. Powell's deface, on
twofold. First of all he said that the deed was procured fuss
him by the head of Dr. Kirby ; and. secoudiv, be ma
that after his marine his wife committed adultery wink a
vaHety of persons, and that she bad procured the deed with
the intention of committing adultery. The following was
short outline of the lives of Mr. and Mrs. Powell :—ln
Mr. Powell was a clerk in the service of Mr. Fellows, sad
be was the:. about 19 years of age. Mrs. Powell was at the
time living in Maryetreet, Hampeteed, and win
about 32 years old, and she had for some year' boa
living a " gay " life. Mr. Powell was introduced to be.
and visited her down to 1835, when he agreed to allow be
2031. a year upon the consideration that she would lire With
him alone, and they removed to Rochester Villa, Camden
town. On January 19,18345, Mr. Powell married the wawa
with whom he had been living, and went to live in Carols'
Tithe, Kentish-town, and they remained there some years,
until Mr. Powell's salary being raised to 8001. a year, dry
took the house, 27, Oakley-square, and lived there soda Ir.
Powell became portage with Mr. Followed', and in 185.1
'59 they took Gloometer Lodge, Regent's-park, where ther
remained until the separatiou. Down to 1838 or 78
they appeared to live happily together, bat about slat
time Mrs. Powell became ration, and on mote than or
occasion she said to Mr. Chapman, the cousin aid
moat intimate friend of Mr. Powell, that she wished dui
her husband would oot remoin so much at hdne, aed soot
afterwards she expressed her wish that her husbaod weed
execute a deed, so that in the eveut of his death or tlr
separation. she should be provided for. In March. is"t.
Mr. Powell instructed his solicitors to prepare a deed of the
kind, by which it was provided that, in the events he Winer
timed. Mrs. Powell should have 3031. a year, payable lo
monthly instalments. Mr. Powell took home the draft of 4.•
deed. sod handed it to Mrs. Powell. rt.
that she might read
when she said she had got the deed and would keep him tog.
or something of that sort ; but, however, the deed was sat
then engrossed. In the summer of that year Mr. and No.
Powell wait abroad, but when they were near Wiesbatio
Mrs. Powell ermined • wish to come borne, and they deist
once rehire. They continued to live together, in any do az but
a happy manner, until April, 1860 ; but in the apnorof tho
year Mrs. Powell absented herself from home all night es
one or two occasions, and ter
when asked with whom she ter
her time there wee no reply. On the 4th of April
peed
time she was out all night, for on that cocas..• sr.
Powell left her a note, intimating that he was very wort
surprised, and asking what she meant by her col
and she being excessively displeased. with that note. it
the course of the day. left her home, taking with her
good deal of plate, and from that time she had ceased is
reMr.le ander the roof under the protection of Mr. Powsa
r. Chapman went or
to live with Mr. Powell for to
or three weeks after this, and he would state tlat
during that time Mrs. Powell was constantly ping
the house, sometimes making a diaturbaoce
is
street, and at other times, on being let in, she, is a may
state of drunkenness, threw her arms mood Mr. Poem-
and insisted upon stopping there. In the end, Mr. H.
solicitor of great experience, introduced himself, awl
deed now sued on was draws. Ily that deed Mr. nor.
covenaoted with Dr. Kirby, as trustee, to allow to Mr.
Powell 3004 a year, payable by monthly inatalmre7:
and to permit her to retain her jewellery.
sequels* to the separation matters came to
knowledof mom,r. Powell, which showed that ter m°.
from the that she left her home she hail
living in the most flagrant adultery. She bad row ,w
Brighten), and there formed the acquaintance of Mr. lie,
deo. as upholsterer, and on many occasions she contnot
adultery with him ; and, under these eircumstioaw. ;
Powell determined to free himself from the chain th'•