The Express.
London, England, 1863-01-29 00:00:00

COURT OF EXCHEQUER.

&Wrap in Buteo.—(Belore Lard Chief Baron Pollock, and
Barons Bramwell, Channell, and Wilde.)
COCIVILL V. 5PA212.—.1

Mr. Baron Wilde read the judgment of the court in this
claim The action was on a promissory note, payable on
demand, made by one Milder as principal and the defendant
as surety, and dated more than six years before the sum-
men ement of the action. There was a plea of the statute
of limitations, and in order to take the ease out of that
statute it was proved that in the year 1861 Hilder became
an insolvent, and proposed to pay a composition to his
creditors, and that thereupon the defendant, on the !Ali
April in that year, wrote the following letter to the plaintiff :
`1 coasent to your receiving a dividend under Hilder's
=nrit, and I do agree that your so doing shall not pre.
ylon claim on me for the debt." The dividend was
paid, and this action was brought to recover the balsam.
It was contended, nest, that the letter took the case out of
the statute. The court did not concur in that construc-
tion. The acknowledgement of • debt, to have that
effect, mart be one for which a promise to pay it might
be reasonably implied, but there was nothing in the
letter to lead to such an implification. It was
obviously written with an entirely different object,
viz., to prevent any release of the defendant as
surety, by reason of the receipt of the dividend, from the
principal debt or to discharge him from the residue, but
there was nothing in it to show that the defendant pro-
posed to do anything more. The receipt of the din idend was
not to prejudice the plaintiff's claim, but the letter
showed no new contract or fresh liability. It was
contended, secondly, that the payment of the dividend
and the letter together took the can out of the statute.
Upon the original construction of the Statute of Limita-
tion it was decided that • part payment by one of several
joint or joist and several debtors kept alive or revived the
remedy against the others, although the latter might be
sureties only, and although the payment was not made until
the statute had rim out. Then came Lord Tenterden's Act,
9 3sto. 4, e. 14, s. 1, which enacted that nothing therein
contained should alter or lessen the effect of any payment
of principal or interest made by any perm. The law
therefore remained unaltered ; but by the Mercantile Law
Amendment Act, 19 and 1.10 Vie., c. 97, s. 14, it
was enacted, that where there should be two or more
joint debtors no debtor should lose the benefit of the statute
of limitations, so as to be chargeable by reason " only " of a
payment by any other coo-debtor. The letter in question did
not appear to the court to vary the matter further than a
payment "only" by the co-debtor. The lest stat•ste, there-
fore, applied, and the defendant was entitled to the benefit
of the Statute of Limitations. The rule woad be absolute
to enter the verdict for the defendant.

Judgment for the defendant.
WELLOcK V. CONSTANTOTE.—JUDWIENT.

The ootut discharged the role in this case to set &W.& the
nonenit and for a new trial.

lEWALL V. ILLIOI7. -,I

In this am, which came before the court on demurrer,
judgment was delivered for the defendact.

COURT OF PROBATE AND DIVORCE. I
(Before the Judge Ordinary.)
HOSIMUGE r. BOSCRIJOE. i•
Dr. Spicks appeared for the petitioner, wbo was the ~
wife of Charles Kempthorne Quash P.oskrage, a farmer in ..'r
Cornwall ; and who sought • judicial separation on the ',O
=alof cruelty. The marriage took place 1816, and had
lowed by the birth of seven ch ildren.
The petitioner stated that the respondent had behaved 1
well to her till 1854, whoa he began to treat her unkindly.
One day she told him that a woman in his employ.
meat bad instilled her, and begged him t.• discharge
her. He made no reply, bat kicked her downstairs.
On another occasion he beat her from some trivial
cause with a piece of rope. In 1851 i she left
him on amount of Soiling him in a stable with a servant
girl named Grace Brooks. She said to trim "'Theo it is all
tree that I have heard of you." He followed Let into the
house and said, " The devil has tempted me—for God's
sake get me out of my temptation." Petitioner became very •
excited and wrote to her friends, whereupon Le told her
that for the remainder of her days he would
lead shirr "the life of a cat in hall." Sem afterwards
witness made her escape to her sister's. When she left
home Grace Brooks, who had been discharged, was taken
back. In about three months witness returned to the
house to see one of her children. whom respareiant had re-
presented to be ill. He begged bar to reueon, nod offered
to discharge Brooks on this spot. Brooks, who was still in
the house, came forward sad spat in petitioner's. fox.
Petitioner complained to respondent, and he said.
" Never mind ; she shall leave if you will pro-
mise to remain." Witness accordingly did stay, and
Brooks removed to a village about a mile distant. where she •
had a child. About a fortnight after petitionar had ;s-
-tarved respaadent mid to her, " Brooks would have been
married but for you." Asked i.i. to explain. He said it
was all owing to the story she had set afloat about '4
finding her with him in the stable. Wit-
sees told him that it was no fabri,',.tios, and
said the girl bad no sweetheart. He was washiot, his hands
at the time, sad he threw the water in her while she was
in bed. After Brooks' child was born he found witoess
crying, and insisted on knowing what it was all about. She '
told him, and be struck her on the hedi. Soma afterwards 6
he beat her • second time, threw more water os her, and
chased her out of the house in her night dram. An.
other separation of some months followed. When
the saw him again be begged her pardon, and a reconcilia-
tiola was once more effected. His conduct novel tnoless con-
tinued to be very bad ; and on one occasion he pursued her
with a knife into the garden, where she hid hereon under
this shrubs till a gentleman passed on honiebaa, and she
chimed hie protection. She left the respondent again
is A 1859, on account of hi* neglecting •
to m
weekw/urt,
y her with proper necessaries. He allrwed her Ns.
• ,
but he stopped even that after a abort time.
During the year 1859, she was maintained by her
/amity ' • after which, a situation was obtained for
her, and she was in service for some time. She
received a letter in London, beginning, " Ify es er-
dearest Mary," and referring to the unalloyed happiness arid
love which they would experience if she would only
return. lie told her that he had laboured to preserve a ~
" conscience void of offence towards God and man," and
reminded her of the delightful recoaciliatioo, which had
followed previous quarrels. He said be had hea..ll a sermon
the previous Sunday at a little chapel, to which he bad
listened with a bursting heart, sad he implored her not to
harden her heart against the sanctifying influences of the

Holy Spirit, or remain deal to the calls of duty. In Ooo-
sequence of that letter she went home; bat he told her
that he did not -went to have anything more to do with
her and ordered her out of the house. She left, and he
allowed her 7s. a week for & fortnight and se. after then,
till the filing of the petition in July Let.
The petitioner was croes-eramined by Mr. Raymond, for
the husband, who pleaded denial and provocation. Nothing
material, however, was elicited from her.
Sir C. Crum/ell granted a judicial separation, remark-
ing that it was a matter of surprise that the poor woman
had so long endured her husband's ill-treatment. It was
generally found that people who wrote letters like that
produced were the word that came betore the court.

THE POLICE COURTS.
(THIS DAY.)

GUILDHALL.
YURDIXOUS.AS6AULT IN THZ !WU.

Thomas Hoskiwz, a labourer, wee charged Wore Mr. Al-
derma Hale with feloniously assaulting amphibian*, with
intent to kill and sky him.
Hy. Win. Darling said—l live at Poplar New-town. lam
butler at the Middle Temple, and a collector at Queen's taxes.
I have known the prisoner about two years. Yestardayafter-
noon be came to my office at 4, Plowden-buildings, I
think it was about a quarter past two o'clock. He was
alone at the time. When he came in he asked me how I
was, and upon my asking him what hie beldam with me
was he said he wanted some money. I told him I had nose
for him, and he then requested me to give him the address
d hie wife, from whom he has been sets,
rated. I have been in the habit of paying him
money entrusted to me by his wife for that
purpose, but during the last three weeks she has sent it
direct to him by Post-office order. I refused to give him
her address, and said it was because I thought he wanted to
annoy or ill-use her. He then asked what be was to do with
iid. per week.
Alderman Hale—Then he expected his wife to keep him!
That is reversing the order of things.
Witness—l told him I had nothing to do with either',
his or his wife's affairs, and turned away, upon
which he said, " Then you don't intend to give me any-
thing'" sad at the same moment I felt a heavy blow cm
my head. I looked round sod saw the prisoner with his
arm upraised, in the act of giving me a mood blow with a
heavy billhook which he bad in his hand. I sprang upon
him, knocked the chopper out of his band, and threw him
down. I knelt upon bier to keep him down, my head
bleeding very much all the time. I eodeavoured to
reach the poker to make an alarm with ; and while
doing so he tried to get hold of the chopper spin, bet
!I
bribed it out at his mach, and said to " You brought
per to take away my life with," upon which he
•• did, end now you may take mine." I said I would
give him into custody, but he replied that I might as well
give him a knock on the head. I had no idea that he had
anpzomrspon when he came in. As soon as I had seen the
locked up, I went to a surgeon and had my head
drained.

The doctor's certificate stated that the wound wean
inch in length and extended right to the bone on the top of
the right side of the head, but that it was not dangerous on
account of its position.
Alderman Hale—lt was a great mercy you were not
killed. It is one of the most murderous seisults I ever
had brought under my notice, and I shall certainly commit
the prisoner for trial.

APPREHENSION OP • NOTORIOUS COMM
William Fry, an old offender, was placed at the bar
before Mr. Henry on a charge of coining.
Inspector Brennan, of the Mint-office, said that in con-
sequence of information he remind be obtained a warrant at
this court for the apprehension of the prisoner, and on the
evening before, about 5 o'clock, accompanied by several of the
metropolitan officers, prond to his residence le Onse-
street, Masonotreet, Old Kent-road. He went prepared to
break in the door, but, finding it open, he went in and up-
stairs, where he found the prisoner sitting at the Am ; sad
on addressing him by name, and multi truagg who he wadand what he had come about, he (the ) replied,
" All right, Mr. Brennan ; you'll find what you want in
the cupboard there." Witness thee opened the
cupboard, and there found 40 pieces of bees eon al every
description, with moulds, plaster of Pea* wide, sad in
fact everything necessary for carryfeg on an extensive
manufactory of bass coin, and he 'emsia) had to re-
quest a remand to a future day to complete the one
against the prisoner.
Tbe prisoner offered nothing in defense, and wan remanded
to Wednesday next.
Before leaving the bar, the primmer, who is a coarse
and determined-looking fellow, Mel as epplieetiew to Mr.
Remy for the restoration of a gold Wilia found on Wm by
Mr. Brennan, but the officer =stills theidevetch Wire
=lduriastve to 64' evidence en a wen hie
day about it,
aid Mr. Henry refused to make any order an the subject.

ALLEGED luorßspurprr AND SUICIDE OP

.4-G-Fai-iiiitoTi:

INQIIBBT THIS DAY).
depThis morning. Mr. H. Raffles Walthew the
nty coroner, kat an inquiry at the Seven Stare Taws.
High4trest, Bromley, respecting the death of Sarah Aare
Bicker, aged eight lean, who was bead drowned in the
River Lea, under very extraordiauy eireaustauna.
Mrs. Anne Barker, the mother el the deer rad, said that
her daughter was a very quiet, ambits Bide gird. Oa
last Christmas morning she brake • buts, and
placed it is the garden without awl% mmligair. Sias thin
ran out of the home eiraiZzd wag nwrOr Signoun/
witness again until bet , whoa she was f
drowned. Deceased did not say that she had broken •
basin. She was set bambly treated at bwma The last
time she was beaten wee tear moths %dam she ran away,
when her father pee her • few elreina. There was no
reason for beating her, site was sash • aloe child.
Inspector Gunton aid Mattis mum manly =tilled the
fact that she was minim . and sever cues to the station to
make an inquiry about her. The patios had searched at the
workhouses, lodging-houses, and in fait in every place it
could b. imagined the child could have been hiding.
Bra. Barker said she did what wee possible to discover
the child. The child was se well fed as she could be, so fax
as a piece of bread went. There was only lb. pee week to
rapport six persons.
James Barker gave a similar mount of the affair, and
said that, beyond • slap or two, he sever struck doomed.
He could not be expected to give the children very mush
out of in. a day. Deceased never threatened to make away
with transit, or to run away. She did not play much with
other ohildren.

--Emma Riche/dew, a girl eked 14 yeses al age, .aid that
ahe resided near the deceseed is Len.tenese. About a week
before Christman she min desened eryieg. Deceased said
her father had given her a basing the previous night and
she said she did not know for what. She showed wine=
several ranks, one of which wu the rise of a little finger.
Deceased then end, " I will drown myself as soon as I eta
get a chance ; I won't have much soother beating." She ap-
peared to have been struck with a strap. The children
the street used to ay that deceased's father used to thrash
her with a strap.
Mrs. Pearson also deposed to the facia the deceased chid
►eing constantly unhappy. She used to be all day baba,
a baby, which appeared to be dying. On day a maa palled
decametre frock down from her shoulders, and exhibited
several shocking weals and bruises. The skin bad been
broken by the blown. Deceased and it was her mother had
beaten her. She was dirty and neglected.
Ultimately, the inquiry wee ailnuned for further
evidence.

THE DISASTER AT THE PRLNCIRS'S THEATRE.—
We regret to state that Miss Smith, after much suffering,
died at a quarter to 6 o'clock eeterday evening, in the
female accident ward of 1 Hoepital, where she
bad lingered Impaired since the dreadful occurrence
on the stage of the 1 's Theatre. It will be re-
membered that. on her oompenioes thee taking firs,
she wu one of
.the ant person' to run forward and '
help in extinguishing the flames. Her own influemek4e
skirts were quickly in • blaze ; and, in the few arowwwle
during which this wood during was unperceived, she
became completely enveloped, and had every ecru of
drapery burnt off her body. Her appearance when lying in
a half seeable state at the hospital wu most It
was hardly credible that life could be stanained is • fraw
burnt and charred to positive bin:skyey', her features being
almost indistinguishable. For some two or three
bourn before her death she was delirious. T survivor
continues to make favourable program although it will be
a long time before she can rout from her couch. Last even.
ing, though much degreased by the eight of the empty bed
beside her, the poor girl declared herself greatly relieved
from bodily pain ; red the opinion of Mr. Morgtui and Mr.
Leis, the senior sad junior house surgeoca, is that she
could not be in a better way towards
FREEMASONRY IN IRLLAND.—he nic body
Tr"Waao
bad • splendid demonstratioe in the Round-room of the
Dublin Ramada on Tuesday night. The occasion wu nothing
more than the anniversary of the Masonic Female Orphan
School, yet the building was completely filled with
an assemblage comprising the Rite of the rank and
respectability of Dublin, including a large number
of ladies and of gentlemen not belonging to the
Masonic order, all in full dream. The large platform
was filled with the members of the body, wearing the
insignia of their order, which produced a brilliant effect,
which was heightened by the decorations of evergreens,
banners, and device* which surrounded the poem.
There were 2.000 persons preset, end there were
more than 500 application, for tickets beyond
what the place could hold. The platform premseted
• pl«aeleg picture of union. The church and wee-
bnery were united in the two greed chaplains, the Rev.
Messrs. M•Sorley and Morrison. Two ex.chief "ureteric*
of opposite parties, Lord Nsaa and Sir William Somerville,
spoke with the utmost harmony. Sir Edward Gro
M.P., Sir William Hort, Judge Longield, sad Colonel
Luau M.P., all pleaded the cause of oherity and fraternity
as if they had never engaged in politioal trite on that erne
platform.

A gentleman named ifowlem has erected a
hatichome building is &romp hi the Ole el Purbeck for
a library and reading room, sad promoted it to the town.

B.i.W.
&S.W.
B.ILW.

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$ 0.06
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4 0.161

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