The Express.
London, England, 1864-11-09 00:00:00

LAW INTELLIGENCE.
gins DAY.)

EQUITY COURTS.
(Before the Lord Chancellor.)
.1.7": Tilt DARLINGTON BANKING COLDANT.—BE LOCUM'
BANILRIIPTVT,
. was an appeal from the commissioner at Leeds re-
.,::owthe I .irlington Banking Company to prove
fa. Against the firm of Riches, Kaye, and Marshall,
~ . .:aud, al merchants and *hipper*. The debts.
• hraved were on certain bills of exchange duly
. different persons, endorsed by Kaye on behalf of
...1 •!ii•couuted at the Stockton branch of
BAnk. Mr. Kaye was the firma-
and cashier of the firm, and bore
. rei•nt ,tion. But on his sudden death
• I it was discovered that he bad been in the
tun.: bins discounted by the bank.
Act. frate accouot at the Stockton Branch.
. • , ,• eu.hotii of the firm to make small advances of
rte ,antains of colliers. mid on this custom Kaye
I nal:coleus frand. When the captains Cattle for
wrote on a piece of paper, in pawn, what
be a receipt, and got the signature
- rts• The pieces of paper were, in fact, bill
,ving rubbed out the pencil writing, he pre-
• - -': up the bill, as drawn by the firm, the names
'Yen signed standing for acceptances, and these
; ~,11.1 were tendered and duly discounted by the
r ice's death a number of bill stamps with names
• to be acceptances, and of the same character
. • , I •••• noted by the bank, were found in his desk.
„.. partners executed a trust deed in favour of
• urier the Bankruptcy Act; but when it
y the bank to prove against the estate
. • debts, the commissioner rejected
. on the ground that due diligence had
. • by the bank in ascertaining the authority of
draw bills for the firm, and that the fraudulent
• , • the hills having been established they possessed
. From this decision the present appeal was
• •
and Mr. Degex,for the appeal, contended that
f the I..tis were good so far as the bank was eon-
. • were d.,••uhted in the ordinary course of business,
an cir....ihAtances of suspicion.
Vr. I ; rethe r. Alburgh, who appeared to support
..rd..r, heard,
n.,, I. -rd Chan all that at present his impression
~. t!..ft the coinm'.,ri..iier was right. He would, however,
•,••.I,r the had been cited for the appellants,
ben tao• d f 3 present opinion he would give judg-
fa az.v drubt he would hear the other aide.
(Before the Master of the Rolls.)
L TDNEY r. SMITH.

1..., been ou all the morning. The witnesses for
err examined, and among them was a
, I,e-e child it was asserted had been pro-

for Mrs. Grapey from the Vodo-road Lyiog•in Hoe-

Mr baby," said the witness, " win; hem on •
eat then awry on the following Tuesday, in pun
. an arrangement made by a lady and gentleman on
:.1 The child had light hair and blue eyes."

_ .
..edoeya maid was examined, and stated that her
t.,13 Ler the child was not hers, but that it had

. • et:red for her in London.
C. Welter, a relative of Mr. Gedney, also said
:•-. .e.lt.ey had told him the child was not hers, but

hid obtained it when in London. This witness

t,.1.1 him that she had had a child which was 5ti11....c3
....c3 that to please .lr. Gedney she had got the one
7 with her.

COURT OF COMMON PLEAS.
h: Nisi l'rius is Iliddleser..—(Before Ur. Janke
Wines and • Common Jury.)
sTT r, RAHAM —ACCIDENT.

, itf in this case sued as the administratrix of her
.• 1, who bad met with his death in the course of
bs the defendant as a plumber.
. .

moo ippeared for the plsintiff, and Mr. Lush,
. .-.! Mr. Cole for the defendant.
..- defendant was a builder, in the neighbourhood of
! moare, and in Apnl last he was doing a repairing
• rdon.rnews. The deceased went with a labourer
. -tton to relay the gutters upon the roof, and the
. at first brought a ladder, which was not long
but afterwards brought one which was long
• :-:. but which was in a dilapidated state,
c..ag been pertly broken through on one side
.ealed by a piece of wood being fastened over the frac.
• girt. Sutton, seeing the state of the ladder, refused

• arry lead up it, and the lead was consequently drawn op
• • s rope. Two days after this the deceased was going
the ladder, when it broke, and he was thrown to the
I and killed. As to the question of negligence, the
• for the planititi was that the defendant baring seen the
of the ladder three or four months before the acci-
,,rdered it not to be used again until it had been
but notwithstanding this nothing was done, and
wee kept among the others so that any labourer
c it out.

r • :.- ',fence it WU stated that the defendant did not
k-, tt.s: t!.B ladder was being lased. nor that his order to
.t not been carried out. The ladder, though in a
2.,rn..ei ....lie. wan only two years old.
Mr. .1.,n0r Wales directed the jury that they could only
in respect of the money loss which the plaintiff
by the death of her husband, without
• :,..itLirg for the husband's sufferings or the plaintiff's
and sorrow. The deceased was a man thirty years
c... 11,1 Ls earnings ris. lid. a day. Beyond this, however,
w.ta the ,;uestion of liability. A master was not
: r an injury which happened to cue servant
t the negligence or default of another 'errant, but to
• t.e muter liable it mast be shown that there was
• v. personal negligence or default, and that this led to
~.I.lent. If also there was any negligence on the part
• • ;,r.lo who suffered injury which contributed to the
• .f-a the defendant would not he liable.
ury found for the plaintiff, damages 251.

CoURT OF PROBATE AND DIVORCE.
(Before the Judge Ordinary.)
"E,T AND itrtonEs r. SYLVESTER.
4 T robAt- CAM,. which was begun on Saturday and
L ..lready been sufficiently reported, wu resumed
1.• ',ming.
w Loy. concluded when we went to press.

TILE POLICE COURTS.
(THIS DAY.)

CLERK E\ WELL.
.:7 - •ND %%OCICDING.-EXPECTID

vF Tilt SrFFERER.

••••• G. the Ist boats-
'. ! 'i.o Iwo:tor Iluards, stationed at the Tower of
• :, „iotr4• .1 nail cutting and w:.tioding Margaret
' . a i riqitute, at 43, Verulam-court, Gray's-tnn-
, n'..retr )•.r life is placed in clangor.
• -• --on.t•ii,!. John Turner, 157 G, said thst the ardor-
! ••• wa, in a very clangorous state, and was not
:• • !t.. ,TV:Ve. lie then handed in the following
:ortir.,4te

" floral Free Hospital. Nov, 9,
• vror•ifv th.t. Margaret Si•illiean is au io-pati•ot
•••.!.eith several extensive scalp wounds of •
• severe nuttier,

" H. MAIRMIT, Hon.. Surgeon."
—^ntinued awl said—l heard groans pro-
! • •• house No, 43, Verulam-street. I went
t:.•".
;eh the kitchen grating, and I saw the
• • r f nt4le there. There was a light, and I
.*
.- • 1.n.,.0er say, " You —, I will murder
. : . not return me my money." I
• passage and down the stairs,
" belied vernal heavy blows.
• r...iirshe repeated the same expressions,
' • • • if you don t give me 'leek my money."
- ••ottom of the stairs, I saw the prisoner
• • hi, .hirt. He was standing over the
on the fl apparently dead. He
• '..1 hand, and was about striking her
I in upon him sod took it
:. f Inv, belt was produced. It was
entirely covered with blood, and not a
f the whit.• leather could be seen.] I looked at the
‘: •.• •.1 - 6e buckle of the soldier's belt lying by her
•wa, eovered with blood, and there was a
' • .1 about the floor and the walls. I thou
whilst I Rot the prisoner to dress himself.
' • • .kuristaoce came, and took the
• .hr. Ile "If you had not come in
• •• f..r her." He " I will be hung for
t . .1 suiuglog with Muller for such •

-t ••• D,ntry, 152 E, having confirmed the
,•• - I was at the hospital when the
. : fr.,. the bead of the woman a splinter of
•t in length. Afterwards I returned
etd the prisoner asked me bow the
7 „. t..111.1m I expected she would die. He
robbed in a similar we) before, and
that. he robbed by such a creature.
- sod be bed been to sleep, sod when
• h. I I.e ha.' been robbed. He asked the
(reline confident that no other
•nc she. She refused to give it up,
knocked her down. She got upend
• t bun the money, and he knocked her
1, • t:,.0 thought of his belt, and knocked
,t. He got so exasperated and very
. • • •hat he did not care what he did,
1.4 r about with anything.
I that he did not remember saying that he
• !...riog. He did not wish to ask the wit-

t of the corps said the prisoner bad been
.o.tt a year and nine months, and was a
good character.
was a very serious charge, and remanded
•

o• • • - .van tvillnr.tmmer HT A littlWER.5
.0.1% cOSIMITTA L.
. • , ;, a drayman, residing at 7, Balmoral-