The Express.
London, England, 1863-12-18 00:00:00

COURT OF EXCHEQUER.

Sittinp at NW Priem at Guildhall.Z(Before Mr. Baron
Bramwell and Common Juries.)
NICHAZLIS V. DV/M.—VERDICT.

The jury, sit; upbeio; locked • cOosnii;;slilis time, re-
turned into court last night, and gave • verdict for the de-
feedank
RAVEN V. RE= —" BCANDALOCS Acriorts."
This was an action to recover ormipsnsation in damages
for bodily injuries sustained bv the plaintiff. and also for
injuries done to a chaise. Tim defendant denied that he
was guilty of any negligence.
Mr. Butler Rigby was counsel for the plaintiff, and Mr.
Griffiths for the defendant.
The plaintiff is • farrier in Hood-street. Lambeth, sod
the defendant a termer io Bedfordshire. It appeared that
the plaintiff's chaise was injored by coming in collision with
the defendant's waggon, bat the accident was by no means
one of • very serious mature. The defendant at the time
offered the plaintiff • sovereign as compensation, sod he
seemed disposed to accept it, but afterwards be refused the
mosey and brought this action. The value of the chaise
was only about 41., and the injuries received by the plain-
tiff were so slight as only to prevent him working for four
or five days.
The evidence as to who was to blame for the occurrence
was, as is usual in these cases, very conflicting.
Mr. Maros Bramwell, in summing up, characterised the
action as most scandalous. It was not, be said, an honest
action brought for the recovery of a sum of money which
ought to be paid to the plaintiff, but was brought by an
attorney to extinct costs from the defendant end put them
in his own pocket, or to terrify him, by the expense of a
proceeding of this sort, to pay money which was not really
due. He could not help stating meat emphatically that
there was • class of actions brought in thaw courts which
almost made them a nuisance. When any dirty little
miserable accident happened in the street, and the attorney
could by say possibility snooped io getting a verdict for a
sum over U., there was a class of men who would bring
as action in one of the superior courts ; and why the legis-
lature should in its wisdom have allowed thee* actions to
be brought here, and why they should not have prevented
such speculative litigation be could not tell, because these
wretched cases were not more difficult to try than actions for
goods sold sod delivered, in which it was Decessary to recover
20/. in order to get a booty of costs from the defendant. But
in these miserable cases, if they got V. they bed that
plunder which was about as honest and legitimate as if,
without form of law, they put their bands into the
defendant's pocket and took out the money. (Laughter.)
He did hope that some of these days this matter would
be set right. It was disgraceful, and he said so as deli-
berately as he could. The learned Baron then briefly re-
ferred to the evideooe and left the jury to say what amount
of damages the plaintiff had actually sustained.
The jury immediately found • verdict for the plaintiff
damages 30s.
The learned judge intimated, in reply to the counsel for
the plaintiff, that if it were necessary he would certify that
the action was not • lit one to be brought in a superior
court.

COURT OF PROBATE AND DIVORCE.
(Before the Judge Ordinary.)
FITZOLRLLD V. FITZGEBALD.-THE DEFENCE.
Mr. M. Chambers, Q.C., sod Dr. Wambey, for the pea.
tiouer ; the Q 11•1111.6 Advocate, Mr. Huddlemiton, Q.C., and
Dr. Bpinks, for the respondent.
The following additional evidence was called this mornieg
for Mrs. Fitzgerald, the petitiooer.
Mrs. Boyle—l live upon • little annuity which I have
coraieg in; but in March, 1859, I went to attend "Mrs.
lady Fitzgerald"—(C laugh)—as a nurse. She was thee
living in Pootetreet, and was very unwell of gaatric fever.
I examined Mrs. Fitzgerald, and found that her child wu
alive and perfectly strong. That was on Friday. On the
following Monday I examined her spin in Cheateretreet,
and the child was still alive; but toe next day I found
that it was dead. I af inwards saw Major Fitzgerald, and told
him so. I advised him immediately to get medical attendance.
He said that he would do so. The following day I called
spin, and he said ." Well, Mrs. Boyle, I have followed
your instructions. I have called in Mr. Perry, and he has
given me very sire intelligence. He took my wife in •
very rough manner, and now be says that the child is dead."
He added that be had paid Mr. Merry his fee, and mot the
blackguard out of the house. I sever saw scything in
Major Fitzgerald's conduct that gave me an idea that there
was anything of unkinteime between him and his
wife. He did, however, look very depressed and
irritable ; and he cursed Mrs. Fitzgerald's parents
very fearfully. He spoke of them in • very loud tone.
Two or three times he spoke in French. He did the in his
wife's presence, and it caused her great agitation of frame
and weeping. He said that if it were sot for those old
wretches, he should be very comfortable with Mrs. Fitz-
gerald, sod that she would give up evethiog to him. I
told him that after the birth of a deed child,
it was recommendable that everybody should keep
quiet ; much more • husband. At times nothing
could he kinder than his behaviour ; and then • sudden
Bash of something would seem to come over him, and be
then appeared to me to be in a state of what I should cell
" Massey." (A laugh.)
By the Queen's Advocate—l should my he was as exceed.
lately kind and attentive husband—a peat deal kinder to
his wife than he need have been. He quite interfered with
my provinoe—nridobtedly he did. (A laugh.!
The Queen's Advocate then addressed the jury for the de-
fence. demanding fmm them so much of their patience as
would suffice to permit hint to dote the facts from Major
Fitzgerald's point of view. If they would only do that, sod
would give due attention to the evidence which had already
been given, sad which would yet be adduced, they would
be of opinion that neither the charge of cruelty nor adultery
bad been proved. There could be no question that the pas ties
I were most uuequallymatched—not,iodosd,inrank orfortuu,
but in temper and disposition. He wu smolt gallant officer,
and had shed his blood in hie country's service as the field
hoth of Alma and of Inksrmaan. He was preentimeet for his
kindness and tenderer.* to his golden ; and it was in the
, Crimea that be bad first saved the character which Mr.
Bretieworth had somewhat coarsely described, when he
called him " • Florence Nightlople in trousers." He was
moreover an Irishman. and had inherited to the full all the
peculiarities which belonged to that very peculiar esti«).
He was warm, pusiceate, hasty, open-hearted,
and most incoasequank in all he did, or said,
or wrote. He was, however, the last man in the world that
would be sumeoted of groin and disgraceful cruelty to a
wife. Mrs. Fitagemad was is every respect the very re-
, verse of bar hadiaad. Her lather had rightly described her

a very sharp, ever woman in pecuniary matters. In for-
Moe they were viwy nearly alike, the husband baring 14,0(gg.
and the wife 10,0001., the latter being strictly settled on
her, and on her fondly in the event of her death
with no issue. One of the grievances which the pen.
timer bad developed soonest sitar her marriage eau
that her hue should only,, have bad B,ooof.
whilst his brothers had 10,0001. On his part Major Fitz-
gerald had likewise a grievance. Before be was married he
had told his father-ice-law that he had debt; thwentiog to
1.7001.•-not • very large sum, considering the length of
time dories which they had been contracted ; but Mr. Int.
' taworth had agreed to pay them, and he had not done ee.
Those were the only point, of disagreement. As to
the charm" of bade( treated his wife ill dune
he indisposition, it would be signally imetradietec[
In feet, • falser statement was never made by a vindictive
wife against her husband. Io a letter to Miss Muffle she
actually stated that " she preferred her husband's excelleot
nursing to that of any stranger," adding, " dear William has
been most kind and unremitting in has &Mealtime to me."
Another charge was that he had kept her out of Dahlia
society, which she stated on oath was not distasteful to her.
Yet she had written to Miss Johnson Tuffs, " Dublin
society has very little attractions for me after all
its unkind and indelicate gomipiogs respecting myself."
It had been shoe n that Major Fitzgerald had taken
PreagliecinutiMonsarstoh andPrevMenrt. Fhisieuwothileeshadmiscarrisgeboth whichieied Sr
very likely to be produced by the attack of gastric fever
from which she had been suffering. She confessed that she
bad sot hesitated to take away the character of • medical
man in order, as she said, to save her husband-a ley
startling averment for a lady to confess she had made ; but
evidence would be given to show that her professed tat:dorsal
was utterly without foundation ; and that the account she had
given of her miacarriage. was a bona fide one. What husband
would be aide if the jury listened for one moment to the
miserable subterfuge by which she wished to avoid the
results of her own words deliberately spoken to her paean
and her friends ? Bat if they did not believe her in this
respect, what became of her general credibility. A great
point had been made of the language of the respoadent.
The petitioner had certainly repeated in the
box with the utmost glibness and self-pretessiso
words that would commonly be thought to prefab. the
mouth of • virtuous and modest woman. She stated that
she had beard them for the first time after her marriage.
It was certainty an awkward fact that her own father
should have written to her remarks about " those us.
feeling bitches of fellow lodgers ;" and it would be shown
that Mrs. Fitzgerald was herself in the habit of %Wag im-
proper words both before and after her connexion with me
respondent. There was soother matter to which he
referred with pain. She had positively done what
no modest woman would have thought of doing-sin had
charged the abstainances of her husband from her society as
an act of enmity, bat what again did the jury think of bar
credibility when they beard the evidence of Dr. Pettigrew
that he had warned them of the probably fatal results that
might follow another pregnancy. Once more she had spoken
of &idea uif it had bean • hell upon earth, but she had
written of it, "This is a sweetly pretty place. We
have as yet had no reason whatever to maks
a complaint." The last act of cruelty charged
was the scene at Dover, but they bad heard bow this
wretched distracted man had gone down to his father is
law, sad bow that dragon of a woman lira Bettiswortb,
bad treated him. The utmost they could make of it was,
that he had actually ran round the table to get to his own
wife. The petitioner had Dever said • word about cruelty
till she found she could not get her marriage dissolved or get
her money back again unless she made sons
sneh charge ; then she mat about for make'
which she might misrepresent or exaggerate. As for the
notion that he bad attempted to incite her to intrigue
with other men it was merely necessary to say • word,
Why, no officer, DO geotleman--aot the meareet
creature that God, in his infinite wisdom, allowed
to crawl upon the earth would ever think of coaduct so
filthily and so gratuitously absurd as that imputed to Major
Fitzgerald. He (the learned advocate) now came to the meet
serious and extraordinary position of the sane. The person
with whom the adultery was said to have been committed
wee DOA only a lady of good position in society, bet the who
was living, he rejoiced to say, on perfectly good terms with
her husband, the mother of sin children, and about to become
the mother of • seventh. She was the granddaughter
of Bishop Bathtuet, of Norwich, and was the wife of Cap-
tain Mallet, an intimate friend of her husband. He had
an appointment at Dublin Castle, and, being passionately
food of painting, was rarely from his apartments.
The adultery was charged in December, 1857, and
in February and March, 1868. Mrs. Mallet was
confined on the 22nd of January • ad she was
serious ill during the next two months. Moreover, her
husband had met with an accident and was confined to the
sofa in • room which opened into his wife's chamber. The
adultery in Scarsdale Villas was charged betimes the 10th
of March end the 4th of April, 1859, at which time
Captain Mallet was confined to his house, or ally took carriage
excretes. Moreover the dining-room, where the adultery
was charged, was so open to the street that it must
have been visible to every butcher's boy that hap-
pened to be passing. The learned advocate then pro-
ceeded to comment with great seventy on the fact
that the witness BeaufrZre, who was living in Paris, had not
been brought over to give her evidence viva voce-evidence
which was perfectly mosapported, but upon which
the jury were asked to break up two families.
The only reason why this course had not been taker,
was because the other side knew that she dare not subject
herself to the ordeal of • crows-examination in pen court.
Nothing could be more unsatisfactory than the tes-
timony which she had actually given. After all it
only amounted to this, namely, that the lady, being
in delicate health, was reclining on the sofa,
in the memos of one of the oldest friends of her
family. As to his being in her bedroom, he thanked Cod
that the laws of evidence would not prevent both Mr. and
Mrs. Mallet from being examined; and they would prove
that on all these occasions Captain Mallet himeelf eau
present.
[The learned counsel was proceeding with his address
when our report left]
---
COURT OF BANKRUPTCY.
(Before Mr. Commissioner (leathern.)
Is RE AUGUSTUS FREDERICK EVASS.
The bankrupt was described as an American merchant,
of Rood-Isom He canoe before the court on his own pett
tine, owing 5,7091., and giving up emits of about 1101.
He attributes his failure to " lows by bad debts in and
suepension of the American trade."
,Mr. Leeman, for the assignees, said that the bankrupt
was in p ,rtnership with his brother, at New York, who had
been compelled to sospeod owing to the American difficul-
ties ; but there was • good prospect of the joint eroding'
being paid in full.
The Commissioner-That is, supposing the New York
man not to repudiate -a thing which they understand very
well in that country. (Laughter.)
The order was granted.
IS RE M. MATER.
The bankrupt was a hat rod cap manufacturer, of New
North-road and elsewhere. This was the sitting for
.3417714". Ofof
tthheeasfiadmbodiacvoefhlargjitte.iulies,tilalbiliesike..s,6ooltia:ad,. ikare79l.sdita4o‘7l47.,totus;wabel:khuint
the bankrupt was a member up to 1860; and he &Urbane
his failure to being unexpectedly called upon to pay the
bates of that firm.
Mr. Solomon stated that the ease had been taken out of
beskrnptey by resolution passed under the 110th section.
MI the creditors bad been paid a small composition,
and
the bankrupt now asked for his discharge.
Mr.p.. Knighton,
ighton, for the 'rigger, consented, and the order
was
iN RE R. T. W. BOULTON.
The bankrupt was a cons fact- r, of Jack's Coffeehouse,
Mark-lace, and other places. This was the sittingfor ex-
amination ad discharge. Debts about 9001.
On the application of Mr. Sargood. for the assignees. is
adjournment was ordered for better accounts
(Before Mr. Commissioner Hulroyd.)
Is an A. PILOTTI.
The bankrupt, described as • professor of music, el
Princes-street, Hanover-square, was inberteenalip with
atmtaidyMpFie:charidos:bar7daunmaocwleaecdlzir.ii.bP:irciesufaudutmtibersirntiehtncossogn:::o.whl44.l:dul:ffnihrieetudsftedualrFlie.Pillrleeattiiis?sshedpwno:ileabil':ah:fretiteshbetuthi:drkmteP:i.:sgecf:i
examioation and discharge,
There was no opposition ; and his Honour tamed the
examination and granted the order.
(Before Mr. Comonsaineer Few.)
IS Re R. H. JoIINsON.
The bankrupt was described as a wine and hommerchaet,
of St. Paul's-churchyard. and elsewhere. This was an ad-
journed sitting for examination and discharge. The cos
has frequently been before the court. The liabilities are
the extraordinary amount of 27,6334 ; estimated manes'
of
the accounts,
uFnutart,huiertinie
adjournmenthea iT.req jf:UHiNresilmf.o.ser ti.hezammeineereation
amount
-between
sin,Mroca. Dotorwee.
creditor,opoised Kfitoorasiaitindity:cwtti:isetthlry:ireF°l.3l::;niwodemil'i*aashetibnehgt'figify are:Tmgio:lELYllawihhal:kid)ll44.:
proved by her next friend.
attorney
account,
harpuiredt,,..efikromamwiatushedt,ohsrtaitnedk
cobetluirtakte;phittei a
was still ircaski
The account included all has receipt* for ts•
=.7eis. re.
An
referrednadjatattizna.t
dwuthoectibezdkruforpt.sthebdpeodis
deetcoewion of
iailh!
book
OnFtts.

-
aF
THE GREAT 8H1! IN CHANCERY'. —YeAtTti
the first meeting in connexion with the affairs of 00
Great Ship Company since it baa been coosigned to Or,
custody of the court of Chaocery for the purpoom
investigating and winding up its affairs. was held te'
fore Mr. G. Whiting. chief clerk to his Honour the No
tar of the Rolls, at the Rolls-cbambera, Chancel/ •12•4
the object bailie to appoint so official liquidator under 01
Joint Stock Companies Winding-up Act.. After nior)
dismission, Mr. Hawes was appointed official mimeo.
!=3,000/. as eecurity ; it heiog noderatood
ag that ti!
.liost the appointment would be made in favour ,1
associating with the official liquidator either Mr. Hurdled
Oosper.