The Express.
London, England, 1863-11-10 00:00:00

TUFSPAY EVENING, 1N OVt MBE R 10,

tab) inidltunite.

COURT OF QUEEN'S BENCH.—Nov. 9.

Sittings in Banco.—(Before Land 011ie 'widen Cockburn,
and Justices Wightmso, Btaiiitiairn, and Mom)
MAT r. vowcia.—Nrits FRAY AND XL JUSTICZ

Miss Fray again appeariiibeiOrTethe court, and moved in
person to discharge an order made by Mr. Justice Black-
burn on the 28th January, 1862, and that the rule nisi
granted to her on the 15th of that month might be rwheard,
on the ground of fraud by the defeodant. She moved on
affidavit showing the fraud cam 'deiced of to enable her to
pay 15 guineas to Mr. Justice Blackburn, who demanded
immediatement of the money. (Laughter.)
Chief
The teed Chief Justice—Tbat is a piece of gratuitous im-
pudence. There is not the &Wart necessity for such a
✓atemest. If you have any charge of fraud 'solar the de-
fendant state it, and not make this motion, as 1 believe you
do, to introduce such irrelevant matter.
Mir Fray said she begged his lordship's pardon. She bad
not made the motion for any such purpose. She then
read her affidavit, which detailed the litigation she bad been
;Cello sines 1856 down to the end of 186 L Is January,
e mood for • rule nisi menet Yowls s to show
caw why be did not pay her the amount of her cats or-
dered by the court, and incurred in conesqueur of Fowles
having had the are adionrned during its trial at Croydon, at
the summer assizes of 1861. She moved to make the rule
absolute before Mr. Justice Blackbure, who mat in bare
in the Bail ,Court, but he discharged it with costs. She
afterwards bromine& action spinet Mr. Justice Blackburn
for discharging the rwe. Hs demurred to the action, and
was successful, and he bad since demanded 15 guineas from
her far costs, which she was unable to pay, having been de-
prived of the 20f. octets due to her from Mr. Yowls., in con-
sequence of his lordship having discharged the rale.
Th. Lord Chief Jastiee—But why go into that part of
the matter? You have to make out fraud against Fowles.
It is quite irrelevant to that to state what &otiose yon have
brought spinet Mr. Justice Blackburn or anybody else.
Miss Fray—l should sot have come here if Mr. Justice
Blackburn httl not threatened to street me. _ _

Chief— The Lan
Justice—That ;Weininon why we should
gnat you • rule against Yowls.. It is oat becomes you are
threatened with arrest that we should grant a rule against
Voyles without grounds for it. If • rule ought to be
greeted it is immaterial what your motive is for bringing
it forward. Your motive for making the application is
boAde what yea state.
Miss Fray—l wish to show fraud in the case, sod that is
why I make the application.
The Lord Chief Justice—But the fraud is not the greater
or less because you have some particular motive for
waatuog 161.
Miss Fray—l want to show that injustice has been done
to ate by lb. Jarboe Blackburn.
The Lord Chief Justice—Bat that in no reams for our
panting • nil' ,iost Voyles.
Miss Frey—l earge him with fraud.
The Lord Chief Justice—Theo direct your attention to it.
It ba
ackbur n nothing to de with your quarrel with Mr. Justice
Bln.
Mies Fray again entered on the nature of the trial in
which she was ordered oasts on the adjournment though she
failed in getting the verdict, observing that she was " com-
pletely sold" by her counsel. (Laughter.) She wished to
recover those costs to pay Mr. Justice Blackburn his costs.
(Laughter.) It was gobs clear, she 'mid, that the ewe
aid her in Vowles' case belonged to her.
The Lord Chief Justice—We have had that case before
us again cad again.
Mies Fray—Yes. And you will have it again. (Laughter.)
The Lord Chief Justice—We decided that as Mr. Vowles
obtained the verdict he was entitled to place your oats on
the adjournment as a set off against his costs.
Mies Fray—Yon decided rightly for me in pasting the
re* but Mr. Justice Blackburn in discharging it did not.
(Laughter.) I have • very important case coming on here
against the Fazl and Countess of 7wiLad, as well as several
other oases. (Laughter.)
The ford Chief Justine--I hops they are not is this
c°,4. _ _

Pies Fray—Yes they are. (Laughter.)
The Lord Chief Justice—As you hays stated Mr. Justice
Blaskburn demands meta from you, you ought to hare the
candour to state why. As soon as the first action was de-
cided spinet you you brought a second against him, sod
he with ProlithrtY seYn. " Pay me my costs in the first action
before you go ou with the second." (Laughter.)
Mile Fray—But on entirely different ground.. Do you
ornesider I have not sufficiently made out fraud mullet
Fowles?

The Lord Chief Justice—When you have concluded your
'Weeniest I will tell you.
Mir Fray—l hope you will ocnsider I have made it out,
or I shall renew the motion and make it stronger. (Loud
laughter.) lain determined to carry the case through.
Tbe Lord Chief Justioa—There is no ground for goyim
that Vowles had committed a fraud. Tbe case was shay con-
ducted by ionised. and is my opinion (the awe bevies been
tried by me) everything was fully gone Leto and tried oat.
Your counsel took what be believed to be a right sores,
and you blame him as much as your opponent.
Fray—Mom (Laughter.)
The Lord Chief Justice—l have no doubt he acted with
perfect propriety. There are so grounds offered to warrant
us in rsoraps=the case.
Rule