The Express.
London, England, 1864-01-20 00:00:00

THE EXPRESS, VEDNEBDIT WENDT% JANAViii

lido IntlUfgatu.
EQUITY COURTS.--JAN. 19.
(Mare riorehanosilar Biz B. T. Bindersley.)
ATCHLII.O. BPSIGG.

This evee rims rm on summon; the question
babe whetiorJohn Bridger Palmer was or woo not
legitimate. Hannah °airman, the mother of John Bridger
Oakman Palmer, woe married to John Cole, in 1815, end
heed with him until 1824, when they separated, and she
never lived again with her husband. The bombard died in
1836. After she left her husband she lived with a man
named White, and suMequently with John Bridger Palmer.
The child was born in la& Hanish Cole was entitled to
certain property for life, under the will of her father, with
remainder to her children. She is now dead, and John
Bridger Oakman Palmer claimed the property as her son.
Some of the witnesses were crose-examined in court, and it
7sought ou the pert of the claimant to prove ihat Mr.
.1. might have been the father.
Mr. Ayrton appeared for the claimant ; Mr. Daffy and
Mr. Prendergast for the plaintiffs ; Mr. Osborne end Mr.
Cotton for the defendauta. Mr. Ayrton wee heard in reply.
His Honour referred, at great length, to the facts, and
said that he adhered to the Law as he had laid it down ia
" Pinyon v. Bosley," and had to ask himself the question, se
in that 01180, whether the evidease consumed his mind that
there was any sexual connexion between the husband and
wife at a time when, according to the order of nature, the
claimant must have been orocreated, and on the whole eel-
deuce he was convinced there wu not, therefore the claim
must fail.

(Before Vies-Chsacellor Sir W. P. Wood.)
TNT ZAHL OF BESSBOROUGH TES KARL OP COVENTRY.
This snit was instituted for the pure of determiniag
what was to be done with certain us fonds which bad
accumulated io the heeds of the stewards of Ascot races,
under the following circurastance• In the year 1838 it was
considered desirable to erect a new grand stand, and for that
purpose the then stewards of the course put forward •
scheme for raising the necessary funds. The first
scheme fell through, but the 'mood, which war mere
fortunate, was based upon the following prospectus
" For the batter accommodatiou of the numerous mean to
the Ascot races it is proposed to erect a Urge and ONOZOO.
diens stand on a commanding site of the race-coarse. The
building will be similar in its general plea to that erected at
Goodwood, and will be opened to the public at the meeting I
in 1839 by the name of the Ascot Grand Stand. The
trustees are anxious to impress on the supporters of this
undertaking that it is not designed as a mere commercial
speculation, for while they are anxious to offer additional
convenience to the visitors they bare an ulterior object,
that of increasing the fund in aid of the rams. For the
completion of this undertaking a sum not exceeding
10.0. V. will be required, which it is intended to
raise in bonds of 1001. each, secured on the
building, and Natio' • yearly interest of 5 per out. I
until redeemed at pm. It is further proposed that five of
these bonds shall be annually redeemed with the proceeds
of the stand, and that after dee payment of the interest cm
the outstanding loan and the incidental expenses the surplus
shall be annually appropriated, one-third as a boas to the
existing bondholders, ad the other two-thirds to the ma-
tes. for the benefit of the races. In addition to which a
tradeable admission ticket will be given to each bond
to be available during the existence of the lease." It will
be seen that the prospectus proposed to deal with the pro-
fit& in thirds.,appropriating one-third to the existing bad-
holders, the remaining two-thirds to be applied for
the purposes of tie races, while it made no rainier' se
to what was to be done with the one-third after all the
bondholders bad been paid off. A lease of part of Ascot
Heath was taken, and a deed of settlemeat drawn up for
carrying out the intention of the subscribers, and the deed
copied with grest care and faithfulness the blunder per-
petrated by the prospectus, and so left a Mate of things
certain to arise numaided for. In due cane of time
all the boodboldsrs were paid, and the question arose as to
what was to be dose with this third. To settle this we.
the object of the present
Mr. Bolt, Sir H. Cairns, the Attorney-General, Mr.
Giffard, Mr. Burke, and Mr. Eddie were in the case.
The Vice-Chancellor said that die result which had arias.

was no doubt quite overlooked by the originators of the
scheme, but there could be little doubt, taking into con-
sideration the terms of the original prospectus and of the
deed of settlement founded thereat, that this must be takes
to be the case of a resulting trust, and the decdszatioe
which the court must make would be in accordance with
that view.

COURT OF QUZEN'S =NOM -JAN. 19.
SECOND COURT.

Sitting ►t Nisi Prior.—(Before Mr. Justice Shea sad a
Commas Jury.)
, _ GIBSON r. BUNT& -PICTURE ►UCTIONS. _ _ .

Tbe plaintiff was an attorney practising at Clielmidord,and
the defendant wu an anctioiteer carrying on business in St.
Paul's-churchyard, and the declaration stated that in con-
'equines of the fraud and misrepresentation of the defendant
the plaintiff was induced to purchase certain petunia under
the impression that he wee purchasing the works of mat
muter,. The defendant pleaded, first, a denial of the plain-
tire allegations, and secondly, that the pictures were the
wash of the artiste mentioood in the catalogue.

Mr. Brett, Q.C., and Mr. Joyce, were owns,' for the
plaintiff ; Mr. Huddleaton, Q.C., and Mr. Barnard, for the
defendant.

Yr. Joyce, in opening the case foe the plaintiff, said the
action was brought to recover 1584 odd, which the plain-
tiff had paid the defendant foe pictures in the month of May
last. The learned counsel characterised the mode in which
the defendant carried on business as notbirg more than •
timid • snare. Pictures were exhibited in the windows,
people stood about who looked, to all appearance,
like bidders, and as soon as • stranger cams into the shop
the tale commenced, and picture* were not the only articles
that were knocked down, but frequently the victims them-
salves.

At the close of the plaintiff's case.
Yr. Huddleston submitted that there was no prides°,
to go to the jury of fraud or combination betimes the
parties at the shop and the defendant, or that the pictures
were otherwise than that deuribed. As to the value they
were stated to be but little lees than that given for them by
the plaintiff.
The learned Judge overruled the objection.
Mr. Buddleston, in addressing the jury for the de-
Indent, alluded to the difficulty of overcoming the
prejudice that generally at drat existed *here fraud
wes suggested. And he instanced the derisive laughter
with which he was meted when he said that it was a
chugs of fraud made against a respectable tradesman in
aripport of his proposition. The plaintiff complained that
five of the pictures were not painted by the autism repro-
seated ; but the moment that was knows to the defea-
Mutt be furnished both their IMAM and their addresses to
the plaintiff, and tbey VIM all is court to state that they
bad painted the pictures in question. What, be
asked, did this young attorney want of pictures, tad
did they believe that he was such an MB to be imposed
U:ros as lie bad dvacribtid. its defendant carried vs
nameable bullpen, and all who entered the auctioa•room
were requested to azamine the pictures for themselves, end
not be led away by the representations of others in the
room. The leaned counsel then observed that the plain-
tiff's wit eues bad put a much higher vales upon many of
the *Wogs than the plaintiff had himself gives for them.
There had been no evidence of fraud, and with regard to
the palatines he would call the artists who had painted
them, and also the defendant sad his son, in proof that there
was nothing does other than what was fair and tradesman-
like throughout the whole liminess.
The further bearing of the ease wee then adjourned to
GuilMoodha,' ds neatll., Laing the first day of the ascend sittings at

MIDDLESEX BESSIWI&

(Wen the Arielant-Jedge. 4
Mohan! leogford, 17, Alfred Goodin" awl Willis*
Clank, 35, were indicted for stealing 18 yards of cloth, value
41., the property Edward Tipper. Mark and Langford
pleaded
The praseentor le a draper, in Highetrest, Camden-town,
sad cm the night of Saturday, the 9th inst., he bed a pile of
rolls of cloth at the shop door. A chimney sweep, who was
passing the shop at its time, saw Clark and Langford cut
away a roll of cloth, the other prisoner watching them from
the opposite aide of the street. When the two prisoners
got possession of the cloth they made of with it, but were
shortly afterwards joined by the other prisoner. They
turned down Warreeetrert, where Goading attempted to
hail • cab, but as there were in it the cabman
took no notice and passed ea. Having got Into Park-street
another cab was hailed, but with no better mama, when the
chimney sweep met a policeman, Benjamin Benin, 319 8,
to whom be communicated the fact that a robbery bad been
committed at Mr. Tipper's shop, and pealed mat the pri-
, sonars, one of whom was carrying the rail of cloth ea his
shoulder. The ooeetabls ran up to Langford, who was car-
rying the cloth, which he dropped asi to the pound, mad be
was then takes into custody. The other two Omen then
made their escape, but were subsequently apprtheaded.
The jury found the prisoners Guilty.
Lookyer, the prism caw, the following °amid-
' Coca against the primer • :—One month, for lar.
rimy, at the Thames Police-court, August 9, 1858 ; six
months, for attempt at felooy, at the Wert/Under Ilsadoos,
June 20, 1859 ; two mouths, u a rogue and vagabond, at
Wonhipetreet, January 23, 1860 ; six meths, for stealing
cigars, at the l'Us Polies-court, ILirch 35, 1860 ;
months, for larceny, at the Name court, September 211, 1860 ;
three mouths, as • rogue and vagabond, at Bow-street. July
31, 1861; three months, as a rogue mid vagabond, at the ,
Thames Polite-wart, April 1. 1862; and be had lace been
convicted. _ He ale° knew Clark as an old thief. _

The Assistant-Judge mid as regarded the primitive Good-
ing and Clark, they were most dangerous characters ; as
they were quite ready to steel anything that they could lay
their hands upon ; but it was sow corns to an mid, and the
sentence upon them was, that they be kept In penal
servitude for four years With respect to the other pri-
soner, Langford, he seemed to have bee. an instrument is
the bands of the others, and having given him a caution as
to his future conduct, neatened him to be imprisoned end
kept to bard labour for three months.
The sweep wee ordered to receive a reward of 11. for his
praiseworthy conduct.
(Before Mr. Payne.)
...ohn Griffiths, T,I, costermosger, decry May, 18, cooper,
Jana
and Jam Undo, 18, shoemaker, were indicted for steal-
ing 100 yards of limey, theeny of David Thomas.
Andrew Aluander deposed that he was unietent to
David Thomas, of No. , Crisp-street, Priplar, a line..
draper. At eve o'clock he saw the two rolls of Duey pro-
duced safe in the doorway. He afterwards missed them.
About seven o'clock he wu sent for to the station, and there
sew the Balmy.
. . . . .

William Williams mid that he was a wheelwright, living
at 1, Kirby-street, Poplar. Oa the evening of the 31st at
December he saw the pviaooen opposite the shop of Mr.
Thomas. He saw the prisoner May go to the shop and take
the rolls of limey and give them to Henley, who put them
into a black bag. Witness followed them and gave them
into custody.
Mr. ttibeen—What are you?
Witmer-1 am a wheelwright.
Mr. Ribton—Have you ever been in trouble ; that is,
have you ever been tied, convicted, and sentenced!

Witotee—l shall sat answer the question.
Mr. Mil:eon—But you shall. Hu lordship has the power
to send you to prison if you do not answer me. Han you
ever been convicted?

Witness—l have. About eight years ago I had four
mouths from the Thames Police-court for unlawful por
session.

Mr. Ribton—How many times have you been at the
Thames Police-court as a sort of amateur detective!
(inagliter.)
Witneee—l cannot tell ; they are so very numeroaa.
Mr. Ribtea—Wall, that is candid. Bow much do you
get each day at the police-court?
Witnem—l receive 2e. a day.
Mr. Bibton—Have you been at the Old Bailey!
Witoem—Yee.
Mr. Bibtow—And how much do you receive there!
Witnein—:la. 6d.
Mr. Itibton—And when you come here I suppose you
have the same.
Wither —Yee.

Mi.}tibtoi should sincerely advise you, air' to enter
the police fares, as you prove such an able detective.
You would soon become ea inspector. Stead dowa.
(Laughter.)
George Banister, 20 K, said that the last mitoses called
his attention to the prisoners, and be took them all into
custody.
Mr. ltidtoo addressed the jury fee the primmer Henley,
urging that they should not convict the women, all of
whom were hard-working people, on the uncorroborated
testimony of the aims.. Williams, who had confessed that
be was • convicted thief, aed prowled about the streets at
night for the purpose of finding out robberies.
Mr. Payee summed up the evideeoe, and
Th.jary found the prisoners Guilty. . . .

Wallin.; Water), police coostablip 65 L, deposed that
be was meet% at the Southwark Yohes-eoart oe the
26th of March, 1856, when 6rifsths was erevioted node,
the Criminal Justice Act and aenteeeed to three months'
imprisonereet, and he had known him as a companion of
thieves fee ten years.
. . .

Mr. rays., is fisseiug seotesce, said that he should deal
with Griffiths with the severity due to him, and the sen-
tence of the court upon him was that he be kept to peoal
servitude foe six years. As to the others, the senteoce on
them was that they be imprisoned and kept to hard labour
for two years.
The priamer May, on kiwi:4 the dock, mid, "Chem up,
mate, it's only a couple of stretches ; we can easily do
that."

TX® su.spscraa NONA= AND EDINNA r
sossnr AV ERWIN.

Yesterday morning, Samuel Wabey, aged about
33, and Joseph Harmer, aged 14, were brought up champed
with stealing meet to the amount of 81. or 91. hem the
person of Edward roretran. on the night of Monday, lb"
11th inst. Mc. Foreman, it will be remembered, was few/
dead in the road—his p ages evidently having bring rifled.
It was at first supposed that be had been attached, mar.
dared, and afterwards robbed' bet farther investagatioa
leads rather to the cocaina= that he was the worse for
liquor, and that driving his horse very fast he was thrown
from his cart, and so met his death. A good deal of evi-
dence was taken yesterday, tending to inculpate the two
prisoners in the robbery. A sum of money supposed to
have belonged to the deceased was found in the possession
of the elder prisoner— and the following statement was
brought forward as having been made by the
Tower prisoner since he has been in custody.
'We did meet Carrell (au of the witnesses), and he told us
there was a moo lying at the bottom of the hill, and whom
twoeuredto the bottom vs saw him, and 'topped. Wabey
him, and mid Holloa r He did not move or
speak. Wabey gave me the tools be was carrying—a hay-
bale and needle—and the man at that time was lying on
his hue. Wabey turned him over, sad said ' I don't know
him.' Weber, put his hands in the man's pockets, and told
me to Lo on. went oil two or three yards. 'maw him pull
something out of the man's pockets, and be then ran
after me, end said have got the money.' The man's
free was covered with blocd, and the ground was very bloody.
Wabey did not knock him or kick him." The prisoner
Wabe7 asked one or two questioes of the witnesses, of so
material point, but as to the states's* deposed tom
Young, as having bun made by the prisoser Harmer (
is Wabey's brotber-in-law), Wabey said, " The last state-
ment made by the boy is quit* untrue." The boy immtdi.
Mel said, "It is quite true what Mr. Young has mid,
and I told him so;" and be added. " and when we got home
be sent me to bed upstairs."—Mr. Serjeant Paogbourne
said that was all the evidence he was prepared with, and be
had therefore to seek fors remand, which the bench at
once granted.