The Express.
London, England, 1864-12-14 00:00:00

THE EXPRESS, WEDNESDAY EVENING, DECEMBER 14, 1864.

LAW INTELLIGENCE.

EQUITY COURTS.—Dic.
(Brion rho Lord Manorliar.)
MUTT r. WILLOWS.

This war an appeal from Vios•Chaecellor Stuart. It ap-
peared that in cootemplatiou of • marrnge between Henry
Willows and Elizabeth Stony, widow, °us moiety of a sum of
-1,000!. was settled on the latter for her sole and separate
u.e, with remainder to her children, and the other moiety
reunited in her possession only, and this come under the
control of her husband. Willows, the husband, became in-
debted to Spirett, sod an action was brought against him,
the service in the proceedings on which it was alleged be
avoided, and when the suit was at length brought up to
execution, steps were taken by him to deprive the plaintiff
of the fruits of a judgment which he bad obtained. Willows
i was subsequently made bankrupt, and to the proceedings
against him a question arose whether • post-nuptial
settlement of the 2,0001. of which his wife was
possessed, and which had not been settled to her
sole and separate use, to such use, and to remove
the fund from any liability of her husband, was • valid tran-
saction. The present suit was instituted praying that the
settlemeat might be declared null and void ; and an in-
junction was prayed to restrain the trustees of the settle-
meet from dealing with the fund so as to render it un-
available as meets of her husband. The cue on the part of
the defendants was that at the time of the marriage there
was a parole agreement between the contracting parties
that the remaining 2,0110/. should be at some time after the
marriage settled on the wife, and that she having insisted
on that arrangement being nude it was a bona 6de trail-
'action ; while at the time of the settlement
the husband was possessed of means sufficient to
discharge all liabilities upon him. The Vice. Chancellor
made a declaration that the settle-meet was void as against
the creditors of the husband, and ordered that out of 2,(001.,
the subject of the alleged settlement, the plaintiff's costs
of this suit, his debt with interest, and his costs in the pro-
ceediogs in bazurruptcy, be paid. Hence the preeciat
aiTYII-
- Melina and Mr. Phear appeared for the plaintiff ;
Ifr. Bacon, Mr. LieGex and Ur. Sadder for the defendants.
Judgment was postysieed.

COURT OF COMMON PLEAS.—DEc. 13.
Sittinp at Nisi Prins in Loodoe.—(Betas Lord Chief
Juicers Erie aid a Special Jury.)

CROFTON r. THE LONDON LED NORTH WRISTERN RAILWAY
( °UFA:ST.-ACCIDENT.

The plaintiff in thw case was a sorter employed in the
travelling poet-office on the defendants' line, sod be sued to
recover damages for injuries which be bed sustained upon
the defendants line. The defendants pai4nto court 1001.,
sod the only question in the cause wee whether this sum
was sufficient to compensate the plaintiff.
Mr. Hawkins, Q.C., Mr. Digby Seymour, Q.C., and Mr.
Russell appeared for the plaintiff ; and Mr. Bovill, Q.C.,
sad Mr. Charles Pollock for the defendants._ _ _

The facts were, that on the night of March sth the plain-
tiff was in the mail train on his way from London to Mae-
borough, arid when at Rugby some carriages were joined on
to the train, and this was done in such a way that a con.
siderable coucussimi occurred. The plaintiff was at this
moment sitting upon a stool sorting letters, and the violence
of the concussion gave him a wrench, twisted him round,
and knocked him against the desk. He was obliged to go
off duty on the 21st March for four or five days, and he had
been once or twice away stoat He could not do his work
as well as before the accident. He had twitches and starts,
and could not sleep well at night ; be found difficulty in
walking, he could not sit upright, and he could not say
that he had at the present time much unproved in health.
In cross-examination the plaintiff stated that he bad been
absent from duty from ill-health several times before the
accident ; three of these times having occurred in 186 J,
and having extended over a quarter of the year.
When the plaintiff called in Mr. Canton. a medical man,
be complained of pain and other symptoms, but there was
nothing beyond what the plaintiff said to show any injury.
It was, however, suggested that the probability was that
there had been some injury to the spine. Dr. Waller Lewis
also saw the plaintiff on behalf of the Yost-ottice during the
time he was away, but be was not examined es a witness.
On behalf of the defendants, Mr. Skey, ex-president of
the College of Surgeons, was called, and stated that he,
with Mr. Lawreooe, the senior surgeon of St. Ihirtholo•
me sea, examined the plaintiff particularly with reference to
spinal disease, and he could discover no indication of spinal
diatom* affecting either the spinal column or the cord within
it and his opinion was that there was not a vestige of
disease in that region.
The Jury tat the coeclusion of Mr. Skey's evidence) said
that they did not think it nieomeary to hear any further
evident., for they were unanimously of opinion that the
hill/. paid into court was sufficient to compensate the plain.
tiff for any injury which he had suffered.
The Lord Chief Justice said that he was entirely of the
same opinion.
Verdict for the defendants.

COURT OF PROBATE AND DIVORCE.
Die. 13.
(Before the Judge °ratify.)
CIIRWTSI:I r. MULOCI.

It will be recollected that Mr. Thomas Malock, of
Stafford, was proaouticed in contempt, and heed 3004, for
threatening to publish documenta with a view to deter Mrs.
Chetwynd from prosecuting her suit. Mr. Mulock apo-
logised to the court, and promised not to proceed with his
couternplated publication. Sir J. P. Wilde therefore
offered to remit the fine on payment of the costa.
Mr. Mtdock now appeared, and read the following letter:

"To the Right 800. SirJ. P. Wilde, &c.—My Lord,—As
the fortnight kindly allowed me by your lordship for moo-
sidemtion of the disputed questive of costa will expire on
the 13th inst., I beg your lordship to afford me a short
hearing at the sitting of the court on Tuesday nest, in order
that • termination, however penal in its consequences to
myself, may be put to the incessant annoyances which 1
am subjected to ; for since I last appeared before your lord-
ship in chambers I have received • supplementary bill of
costs from Mrs. Chetwynd's solicitor. 1 venture, my lord,
respectfully, yet firmly, to object in tote to the applications
for costa in my peculiar case. My objectaoo is not reamed
against the asonssive and exorbitant amount of costs
alleged against me—(for with what fitter words can I
designate a bill of costs of which more than one
half has been shuck off by the register of the
coart)-1 take much higher ground in protesting
wholly against these alleged costa. I respectfully
maintain, that from the moment your lordship adjudged
me to be guilty of a contempt of court—which is a public
wrong, not • private grievance-1 was thereby placed under
the penal jurisdiction of the court, and entirely severed
from Mrs. Chetwyod and her solicitor ; whereas the latter
parties have endeavoured to abuse the power of the court
by applying for cumulative costa, as If they had an action
against me, although, by my complete compliance with
your lordahip's iojunctions, no conceivable iojury was left
for Mrs. Chetwyod to complain of. As the case presently
steads, I am, in effect, called upon to purchase the actual
remission of • hoe made conditional on my personal
obedience, by the payment of costa, enforced by the crown,
Dot for court espouses, but for the private emolument of
parties diseotitled to the WAIL Ido not presume to argue
before your lordship what is asserted concerniog the
" practice " of the court, but I wish to feel assured that no
practice in her Majesty's courts will ever be so construed as
to sanction the improper proceedings of an ill-advised suitor.
—I am, with due respect, your lordship's obedient servant,
Thous* MCLOCK.—Loodon, boa 10, 11364."
Mr. Ilultikk added that he now throw himself entirely upon
the judgment of the court. Ile made no appeal, and he
was perfectly willing to undergoany consequences that might
result from the course he was taking. lie merely trusted
that he should not be looked upon as disrespectful or contu-
macious is following his conscientious ootonctlous.
. . . .

The Judge Urdu:Li—What is the application that you
wiat to cutite: Mr. Maxi'?

Sir. Muloci—Noce whatever. I wish merely to avert
from myself the ides that I wu at ell disrespectful to the
court. Imprisoornect Mu co terrors for me.

The Ju.bie Ordinary—Then if you have uo application to
make, 1 dictum to hear you any further.
Ir. Mulock—Very wall, my lord. I have dome.
The Judge Ordivary said that as Mr. Moloch declined to
Avail himself of the more lenient &hematite which had
been held out to him, and to reimburse Mrs. Chetwynd
the necessary expenses to which she bad been put in *b-
lotting the protectiou of the court mushier. Ins improper at-
tempt to iutioddste Ler, the Lice must w eAreated.
Mr. Mulorl.-1 Lupe, no iord, your under will be made a
processofthe

The Judge Orditatry—l hay. heard all that I intend to
hear in the matter.

The subject then dropped.

CODRINGION C. CuDlieh.ToN AND ANDERSON.

31r. Price, ■pprand to move For is foe a
new trial on behalf of the el-respondent ; but at the sus.
gestiou of the Judge Ordinary the Ensues was postponed
till next Tuesday, in order to enable the question of costs
to be first disposed of.

DI lat.trf r. DI AIIANT AND THCR3TOY.

Is this p.rt•hard case lir. Tiistraut saliva additional wit-
items* ; and _ _

The 'Judie Ordinary road* s decree Dili, with costa.

ASSIZE INTELLIGENCE.

HOME ClRCl:lT.—Cuscmsrosp, Dsc.l3.
(Before Mr. Baron Claimsll.)
JO. Pt Iri!hami, Pr, was cLarged with feloaionsly sod mcli•
cioualy settrag fire to a stack of wheat and three Mocks
of straw, the property of William ilataos.
Mr. Martin conducted the prosecutiou.
Wheo be wax called upon for his defeare, he merely said
that he could sot get soy work. cud he did not know what
to do. The prosecutor, and the other farmers, had all
agreed together not to give him any work, and he thought it
was very haul to atarey He was willing to yogi, but they
would Dot giro him any to do.
. .

The jury, eithen‘ sup beeitation, fouutl the plisoutr
Gritty.

Evalewee 'lathes given that the prisoner had been, on
two previous occiseioss. convicted of felony sad sentenced to
six and twelve month' imprioontueat.

Baron Chappell. In powers sentence, said that the pri•
wooer lead been convicted, upon very clear evidence, of a
very winged crime, sod the only excuse he appeared to nuke
for his conduct was, that the preen:der sod the other

farmers would not give him employment. It might be idyl-
sable that parsons should have an opportunity of retrieving
their character after coming out of prison, and of obtaining
employment, tut be was cot prepared to my that the pro-
secutor sod the other farmers were not perfectly justified
in refuels( to employ a man who had been twice convicted
of felony, and who they believed was not likely to do any
good. However this might be, it wan no excuse for the
primates conduct, and having regard to the serious charac-
ter of the offence he felt himself compelled to pass • severe
imitate*, which wm that he be kept in penal servitude for
fifteen years.
The prisoner, who had conducted himself with very great
effrontery during the trial, mclaimed in an impudent tone,
" Thank you, my lord, that is the best thing that was ever
done for me in my life.*
William Stockton Bartie,l9, pleaded guilty to a charge
of feloniously setting fire to a stack of barley, the property
of Helen Anne Tasker. _

He wu sentenced to six years penal servitude.
When the sentence was pronounced the prisoner called
out, " Thank you, my lord., I hope you may sit there till I
come back." . _ _

Henry Augustus Munn*, 28, a private in the Royal
Marines, wee charged with felouiously wounding Charlotte
Turner, with insect to murder her.

Mr. •Wolford prosecuted.
The prosecutrix, a rather good looking young woman, it
appeared, was in the service of a Mr. Nicholson, a woollen.
draper, at Chelmsford ; and Major Masters, of Royal
Marines, to whom the prisoner was servant, lodged in the
house, and the prosecutrix was engaged to wait upon him,
and she thus became acquainted with the prisoner, who ap-
peared to have paid her attentions and to have expressed
a desire that she would many him. The prosecutrix did
not seem to have given him any encouragement, and this
greatly excited the prisoner, who was beard to utter threats
of violence against her. About a fortnight before the trans-
action in question took plan the prisoner met the prose-
matrix walking with a young man to whom she was en-
gaged to be married in the New-road, at Chelmsford, and
be went up to them and said to the companion of the pro-
semen:, Yon are the fellow I want, and struck him,
and the prosecutrix was very much alarmed at the violence
of his conduct. On October 11 it appeared that the prose.
cutrix was makitg the bed in Major Masters's room,
when the prisoner came in and accused hero( having told
something about him to his mistress, but she denied having
done so, and told him to leave the room. Immediately she
did so the prisoner put his arm round her neck, Lod inflicted
a very severe wound on her throat with a razor. The pro-
mann: streamed and stamped on the floor, and Major
Masters went up to see what was the matter, and the pri.
'over ran past him out of the house. Ho wee shortly after-
wards taken into custody, and when he was told what he
was charged with. he said that the ptheecutrix had been
aggravating him to do it a long time, and now he bad done
it, and heat the same time inquired if the prosecutrix was
dead. When be was asked what he had dose with the razor
with which the wound had been inflicted, be at first denied
having had a razor in his possession, but he afterwards said
that he might as well tell the truth, he had thrown the
razor into the river as he walked up the Loodon•roads and
he intended to have thrown himself in. .

The prisoner put several questions to the prosecutor
with a view to show that there had been improper intim►cy
between them, and that he Lad given her a great many
presents and she bad promised to marry him. The pro.
secutrix, however, positively denied that there was any
truth io the suggestions made by the prisoner.
The prisoner put in a long written statement, in which he
imputed most disgusting conduct to the prosecutrix, for
which there did not appear to be the slightest found►tion.
He also declared that at the time he committed the act he
was not in a right state of mind and did not know what he
was doing.
The jury found the prisoner Guiity of wounding the
prosecutrix with intent to do her gtievous bodily harm, and
the learned judge said be would take time to consider what
sentence should be pared.

CENTRAL CRIMINAL COURT.
ma.. the Recorder.)

Joseph Grout, alias Grant, t 4, trimming maker' was
indicted for feloniously receiving 7,000 yards of silk, value
500/., the property of Francis Bennock and others, well
knowing the same to have been stolen.
The ftecorder, in passing sentence, observed that the
prisoner had been convicted on the clearest possible evi•
deuce, and no person who bid heard the cam could doubt
that the prisoner was a regular receiver of stolen goods,
though for a cloak to his iniquities. he ostensibly kept a
general dealer's shop. This sort of offence it was the duty
of the court to endeavour to put down, and the sentence of
the court was that the prisoner be kept in penal servitude
for the term of ten yeses.
Julia Iked, 20, labourer, was indicted for unlawfully
attempting to rob John Slater Marshall on the sth November
last.

Mr. Kemp coodacted the promentim ; the primmer was
not defended.

The prosecutor, • merchant in Billiter-square, wu in
Whitechapel on the evening in question about six o'clock,
when the prisoner accosted him, and while doing so made •
snatch at the prosecutor's watch chain, which war broken,
and the
_prisoner ran away up an alley known as Angel-
court. The prosecutor tollowed, and when in the court
was knocked down by • second m►n, who bad evidently
been in waiting as an accomplice to secure the prisoner's
escape.
The identity of the prisoner was clearly established by the
evidence of Mr. Lewis, a comedian, who witnessed the
whole of the affair.

The jury without hesitation returned a verdict of Guilty,
and the prisoner wee sentenced to two years' imprisonment
with hard labour in the HOUGO of Correction.

The prisoner, on bearing his sentence, broke out into VlO-
- language against the witness Lewis, and swore he would
have his life if he swung for it in front et Newgate. With
difficulty he ass remount from the dock by the warders to
whom lie exhibited the most brutal violence.

back for some time, and the officer not wiahing to stay gave
her another order for six months. He afterwards found
that the mother had been dead since the 18th of Jane, and
the prisoner bad consequently been receiving this mosey
and appropriating it to her own use for a very considerable
time, amounting to 41. se. Sbe was in the deepest poverty,
and stated that it was her mother's wish not to be buried by
the pariah, and she had asked her daughter to bury her and
receive the money from the parish until she was reim-
bursed._ _ _

The Common Berjeant sentenced her so one day's impri-
sonment, and she wan accordingly at once discharged.
Thomas Bradford, IS, porter, and William Streak, 19,
waiter, were indicted for embezzling several small RUM of
money, the property of Thomas Rouse Phillips.
Mr. Metcalfe proem:tiled ; Mr. Collins and Mr. Itibiou
defended theprisoners.
The prisoners pleaded guilty, and were sentenced,
Bradford to nine, andAtreak to four months' imprisonment
with hard labour.

So/anion Harris, 61, dealer, was indicted for feloniously
receiving 74 poems of net, value LW. 10a, the property of
the Great Northern Railway.
In this case the property had been stolen from a cart be•
longing to the Great Northern Railway while in its transit
from the booking office, and the prisoner was found dealing
with it about six weeks afterwards.
The jury Acquitted the prisoner.
Georyt Darts, 15, pleaded not guilty to stealing a flannel
shirt, value 4s. 6d.
Having been before convicted, he was sentenced to three
years' imprisonment, afterwards to be kept in a reformatory
for five years.
. . . . .

Waller King, 30, rivetter, was charged with committing
a violent assault upon the person of Elizabeth Condon, and
stealing from her 34
Mr. Daly prosecuted ; the prisoner defended himself.
It appeared that the prosecutriz on the night of the rob-
bery had gone to meet her husband, and miming him, she
went into a public-house in East-street, Walworth. The
prisoner and two other men were inside, and they all had
something to drink together, and as she was afterward&
leaving the place the prisoner and the other men seized her
round the neck and robbed her of 31. The other two men
got away, but the prisoner was taken into custody.
The jury found the prisoner Guilty, and having bees
before convicted he was sesteaced to five years peed
servitude.

THE POLICE CMOS.