The Express.
London, England, 1855-06-19 00:00:00

TUE EXPRESS. TUESDAY EVENING, JUNE 19, 1855.

there. Some MK* lying deed drank on the bed; others
were in visions stages et drunkenness drinking gin.
The defendant, who le se old offender, promised to give
up the ain trade if let off this time.
Mr. Sidings inflicted the floe of 251, or three months'

meet decidedly so. (Laughter.) I have made an affidavit
ft Chancery. I have not made two.
Sir Ftedenek Tbesiger—Why, I have the affidavits bets.
=bees KM* Slallbill•d—I BM the plaintiff. I live neer
Shlbbersee. My father's name was Michael. I have heard
W say that he had tour brothers. My father was the
Peter.
eld-
est. Then came Thomas, Charles, Timothy. and
My father sad grandfather say that Chu gree bs t away,
and was sever beards( after. They mid Thomas left home
skis 18 or 19 years old. lama la bwerisd man ansaaot
mad i
read. Ur. Ewhank, an attorney, meted for o some
time, bat he now sets for the defendant. I then employed
Mr. Parker. bat he broke up.
Cross-esamined—Mary Kane wade a claim. Mr. wbeink
refused to act for me on the very day the trial cams on. The
Master derided is favour of Mary Kane, mil against me.
Administration was afterwards granted to her. I
against
ille.
Mr. Allen—l knew the late Thomas Kase, and was 1
mimed as his executor. I and the police tack
possesslon of
the property. I went to Skibbereen, and beard of 1
lanes. Thomas Kane never told me where he came from,
although I knew him for thirty years.
James Childs—l knew Thomas Kane. I never heard
him say where he tame from except that he same from I
Yorkshire to Loudon. I knew Charles Kane.
Cress-examinel always considered Charles to be the
heather of Thomas. Thomas so represented him to me.
Se bad been sputum in the navy.
Menezamined—Thomas married my halt sister in 1817.
I have two letters written to me by Charles, one telling sae
begin his love to Thomas, and tell him to make him a blue
1 coat. I proved the will of Charles. Before doieg so I re-
I Nivea &letter from Thomas Kane, stating that the will et
his lata brother had been made in his presence.
(The property amounted to between 14.0001. eel
15,0001)
The case for the defendant was that the Thomas lame
who died intestate in 1846, was the same person who went to ,
Brentfrrd in 1800, bat he was the son of a Charles and'
Mary Kane, and born in England, although that family
had originally come from Ireland. The toliowing was the
history of this family :—James Kane, of Gosport, who m-
inded at Boyle, in the county of Roscommon, in Ireland,
was the grandfather of the Thomas Kane in question.
James Kane married Mary O'Connor, and had by her six
childieta. The eldest, named Thomas, died unmarried.
1 Michael, the father of the defendant, was the second. The
third was Charles, the father of the intestate, and Charles.
the purser in the navy. The fourth was Jame., a navy
agent; the fifth Lawrence, • disaentiog minister • and the
siath a daughter, named Margaret, who married' a gentle-
man of the name of Mean. The family appeared after-
wards to have come to England, and Charles, the
father of the intestate, was at Gosport in 1777.1
carrying on the business of a slopuller. and afterwards
kept the Phoenix public-house. In 1793, upon the death
of his wife, be and his two ems left Gosport. Charles, the
purser, was born at Gosport in 1780, as appeared from the,
register; but there was no register of the birth of Thomas,'
the intestate. James, the navy agent, remained at Gosport,'
and some time after Charles had left a pedlar told Mrs.
James that be bad seen her nephew Charlie in a cotton 1
faetory, and that be was very badly off. Sri* told the ped-1
Yu that the nest time he went that way, he was to bring
Charles, her nephew, with him to her house. lie did so,
and the boy was seat to school with her own sans, to New-
pert, in the Isle of Wight; and in 1798 he volunteered into I
the navy, becoming a purser in a few years. In 1801 he
made his will, giving all his property to his uncle James,
the navy agent at Gosport. This proved that he was
house
nephew of James, the navy agent. Charles,
ever, continued in the navy until 1814, when he
retired on half-pay. In 1808: when he was go-
ing with troops to Commis, his brother Tho-
mas introduced him to a Mrs. Snow as his
iselker, and,Thoene then gave to his aunt Junius's Letters,
sad wrote that fact in the first page of the book at the time.
Charles, the purser, was on friendly terms with his cousitil
IKaty, end he wrote several letters to her in 1806, 1607,1
1808, and 1814, in which he referred to several facts showing
that be was the brother of Thomas, of Brenford. The father
of Charles and Thomas died a pensioner at Greenwich ;
Charles, the purser, afterwards became a lunatic and was
kept sad maintained by Thomas, who took out letters of
-t-i.seation, in which he swore he was the brother of

Charles.
Miss Msry Kane, an elderly lady, proved that she knew
Charles and Thomas, of Brentford, well, aim that they were
her cousins. The family bad quarrilled with Thomas. Her
grandfather had come from Roscommon. In 1817, in
passing through Brentfoid, her father pointed out a house
to her saying that it belonged to " Tom." This lady gave a
particular description of the family relations.:
Mrs. Snow said—My mother and Mrs. James Kane were
sisters. I knew Charles, the purser, well. He went to
school at Newanurcb, in the Isle of Wight. He afterwards
went to sea, and became a purser. I once saw Thomas, the
tailor, of Brantford. When Charles went to sea he told me
to address any letters that came for him to his brother's
Thos. Kane, tailor, Brentford, Middlesex. Charles left ',-
lON

in his Will
Mary Hase—l am the defendant. I and mother's
of age. My father's name was Michael was
Mary. I knew my brother Charles. He died at Gram n
with Hospital. He had two eons, Thomas and Charles
The former was a tailor at Brentford, and ,he latter was in
the navy. I was lady's maid at Lord Minto's. I have
been myself at Brentford, end saw llamas Kane. I dined

then.
Crow examined—l have seen him sines that time at my
fat►er's, in Peter's-street, Bloomsbury. I heard of his
death when it was advertised.
Lord Campbell said, unless the letters put in were forge-
ries, the relationship was clearly proved.
The jury said they were quite satisfied.
Mr. Berieent Shea said he had does his duty.
Lord Campbell—No gentleman at the bar could have
done it more efficiently.
The plaintiff was then non-suited.

COURT OF COMMON FLEAS.—JoNE 18.

112111.11011 AT )U rann, I WIDDLIM.-110.01
MTN AIID A APACIAL JUST.

HOWZB r. VAIGUAN.

The plaintiff in this cue, Elisabeth Howes, sued her late
master, to recover damages for 'lender.
Mr. Cooper appeared for the plaintiff, and Mr. Serjeant
Byles and Mr. Carr for the defendant.
It was stated that the plaintiff had been for many years
housemaid, and that in the year 1852 she entered the d►
fondant's service. He was then • bachelor, living la
Westbourne.temce, but subsequently be married
widow, who lived a few &eon off, and removed lib
establishment to her house, taking with him IMO
of his servants, and among etthers the plaintiff
From that time she fulfilled th 3 duties of lady's maid, and
continued in the employment until October last, when her
mistress wrote to her from the eountry,encloeing the amount
of her wages, and directing her to leave by the seat day.
A similar letter was also sent to a man-servant named
William Sleep. The plaintiff left, and obtained another
place subject to her character being approved of; but, on
inquiries being made of her old master, he stated that
"there wu too much connexion between her and William
Sleep whilst she lived with him," and so she did not pet
the new situation. This statement, however, the plaintiff's
counsel admitted might be protected as a privileged com-
munication; but there was a further statement which, he
hoped, would not he so protected. In January, Sleep
wrote to the deteadant, and said, " I hope you will
give me the just cause and reason for discharging
me from your service, as I cannot apply for another
situation until I illusive an answer ;" and the defendant
answered, " One of the reasons for which you were dis-
charged is, that you and the housemaid, Howes, were
romping together in the servants' haU late at sight, and that
sae or both of you were on the floor." For this imputation
upon the plaintiff's character damages were now asked.
Mr. fierjeut Bylea, on the part of the defendant, sub.
witted that the letter to Sleep was also a priviledged coin
munication, according to the rule laid down in " Somerville
v. Hawkins," 10 C. 8., 683; that the list of priviledged
isommunications comprehended all such as were made bona-
Ade or in pursuance of a duty.
The Chief Julia* thought that it was the duty of the
I defendant to speak the truth. Good nature frequently did
• great deal of harm to society. The servant said to his
master, " I hope you will not throw me out of my bread,"
and then, from good nature, the master slurred over his
faults, and the next employer ants probably robbed. He
thought it was • privileged communication.
Mr. Cooper—ls that your lordship's impression ?
The Chief Justice—Yes ; and it is yours, too. (Aaugh.)
The plaintiff was &agitated.

SOUTHWARK.
Henry Bradley, a military-looking old man, was charged
with obtaining • bags quantity of vanish* goods under
false protean*, and by means of forged orders.
It appeared that the prisoner resided aon t 61, Commercial-
road, Lambeth, and sanunes to *ferry the business of a
dyer. On Monday week he wrote • letter to Mr. Porter (a
furniture dealer at Leicester) for a rosewood table, a sofa,
sad other articles, in the name of Dr. Barclay, • surgeos,
lately resident io that town, hut now one of the
practitioners in charge of the Smyrna hospital. The
letter stated that ha had lately returned from the
Crlesest hospitals, and had established himself la • oaten
et Clapham. He also favoured Mr. Johnson, silversmith
sad furnishing ironmonger, of Leicester, with an order for
plated spoons, fork., a valuable stove, fire irons, dec., for the
same cottage. He also sent a very polite letter to Mr.
Osborne, wine merchant, of Leh:tesrequesting to know
whether be kept • good stock of Moselle, Marsala, port,
sherry, champagne, and milk punch, sod if so. Dr. Bar-
slay requested the prices by return of poet. The letters
were all is the same handwriting, and Dr. Barclay having
been well known in Leicester, several tradesmen forwarded
geode to London. Shortly after Mr. Porter bad packed up
his table. cheffonilre, and sofa 'he order for plate and
Iretmeagery was received by Mr. Johnson. The latter
being rather more alive to swindling transactions, and
knowing that Dr. Barclay could not have returned from his
governante appointment at Smyrna Hospital, at ogee com-
mentated with theLeiceater Tradesmen's Protection Society.
lisegeste Romaine was then employed to investigate the
stair, and be ascertained that the orders were forgeries,
that Dr. Bonny was still at Smyrna, and that an extensive
swindling corners was then at work at the house where the
prisoner resided, at Lambeth. It was then arranged that
some of the goods should be sent to London, directed to be
left at the tHambro'-wharf till called for, as the prisoner
wished. A proper watch was kept, and the prisoner having
salted for the property, and conveyed it to a house in Hat-
fieldstreet, Stamford•street, was taken into custody.
Mr. A'Beekett, after hearing the evidence adduced, said,
that all the goods having been obtained in Leicester, there
was no charge to entertain, as far as he was coneerned,
therefore the prisoner mast be discharged. Romaine, how-
ever, at once re-apprehended the prisoner, and conveyed
him in custody to Leicester, for examination before the
Magistrates of that town.
LAMBETH.
Charles Thomas, a young man who, it appeared, had
been convicted of felony, was placed at the bar before Mr.
Elliott, on a charge of maliciously attempting to set fire to
the premises of Mr. Henry Banks, his partner.
Mn. Banks, • broker and furniture dealer, carrying on
business in East-street, Walwortb, deposed that about
three months since be agreed to take the prisoner into part-
nership, on his promising to pay TAH., but out of that sum be
had only paid 141. On the day before, Sunday, the pri-
soner had dinner with witness Mad his family ; and at about
three o'clock prisoner went up stairs to clean and dress him-
self, an.i about four came down with his bat and coat on his
arm. There be placed on a chest of drawers, and went
into the back premises and shed, where he remained for
about twenty minute*, and then cams in and sat down to
Mates. Almost immediately after entering the house, Mrs.
Banks observed that there was a strong smell of fire, upon
which he (witness) said he supposed that some person in
the neighbourhood was burning rags. The prisoner made
no observation, but hurriedly finished his tea,
pet on his coat and hat, and instantly left
the house, without even saying " toed bye," or even
tittering a word—a circumstance which was very unusual.
The smell of fire increased, and on going into the shed, wit-
ness found the top mattress of four that were piled one on
top of the other on fire. It was burning fast at the time,
but had not quite reached • flame, but a few moments
Mon and it would be in a blase, and the whole place
probably destroyed. He was just in time, however, to ex-
tinguish it before any serious mischief was dime.
In reply to the questions of the magistrate the witting
aid that on the same afternoon he had been in the
shed himself for two hours, but bad not been smoking a
cigar or a pipe there, nor was the prisoner to his knowledge
is tee habit of smoking.
The witness was cross-examined by an attorney, who
attended for the prisoner, but nothing particular was