The Express.
London, England, 1862-07-17 00:00:00

NAVAL AND MILITARY.

ADMIRALTY, JULY 16.—APPOINTMILT78.--..e11p
tains G. Parker, to the Liffey. commissioned ; end F. B.
!footrace?, to the Severe, commissioned.

eo;ins24;raEFaaholme, to be an inspecting com-
mander of the coastguard, vice Partridge, whose period al
service has expired ; and H. liuxharn, to the Ringdove,
vice Cnugie, promoted.
Master P. Going, to the Liffey.
Paymasters S. Watson, advanced to the second clam;
and J. Lewis, advanced to the third class.
Chief Engineer S. Clements to the Liffey.
Engineer J. Leathleso, to the Liffey.
First-clam Assistant Engineers W. Fenton (A) to the
Revenge ; J. Boreal, and W. Tottenbain, to the Liffey.
Second-class Assistant-Engineers W. P. Ward, W. Dane,
and J. Richardson (acting), to the Liffey.

ANOTHER IRRUPTION OP THE FLEET SEWER
AND FLOODING OP THE RAILWAY WORKS.

Yesterday afternoon another serious outbreak of
the Fleet Sewer, and inundation of the works of the
Metropolitan Railway, took place consequent on the heavy
storms with which the metropolis was visited. Between
4 and 5 o'clock, as the workmen employed at the new station
being erected at King's-cross and the uncompleted portion
of the tunnel at the corner of Acton-street, Bagnigge
Wells-rood, were busy at their labours, the► were alarmed
by a sudden rush of water into the works. A warning cry
was instantly raised, sod the men made their escape in all
directions. So rapid, however, was the info of the
water, that those at the bottom of the works were up to
their knees before they could extricate themselves, and
were obliged to leave a portion of their clothow and their
tools behind them. In less titan tea minutes the water
rose to • height of 15 feet, displacing and cracking
the tinge timber shores like matchwood. The cellars and
balenieute of the houses at Battle-bridge were speedily over-
flowed, and the utmost alarm prevailed. Upon inquiry into
the cause of this irruption of the water, it was found that
the storm water pouring ben from the high level had
broken through the wall of the diverting sewer at the corner
of Caledonia-street, York-road, and fir ling its way into the
channel of the old sewer, bad thence made its way into the
railway works. In about en hour, the flow of the storm
water bevies subsided, a body of labourers was set to work
to repair the breakage, which it is hoped will be effected
by an early hour this morning. In the meantime the
railway vertu at this portion of the line are oeceesarily
suspended. While this =MO WAS taking place at King's-
cross one of • still more exciting description we■ taking
place in Victoria-street, at the scene of the late acci-
dent. The water in the temporary trench or grip lately
made there, 18 feet in depth, was pouring down in great
force, filling the trench to the top, and it became evident
that its powers of endurance would Le severely taxed.
About 5 o'clock, the water came down io full force, tearing
away in its Waage the stout side plauking and wooden floor-
ing of the trench in all directions, and carrying them into the
main channel, through which they fouud their way into the
Thanes. At the mouth of the sewer, situate at
the side of the steps of Blackiriars-bridge, several
boatloads of this planking were picked up as salvage by seve-
ral boatmen. At one time appearances were so threatening
that it -vas deemed necessary to open one of the dams
sod relieve the overcharged trench by allowing the water
to flow for • time into the railway cutting. In about an
hour, the water having subsided, the extent of damage was
seen, and several hundred men were set to work to replace
the broken timbers, aod the steam pumping-engines were
once more brought into operation to clear the railway
tunnel. The amount of damage done is estimated at 1,0001.,
indepeodent of the cost of repairs.

MURDER or • CHILD BY rrs Nussa.—A n inquest
was held on Saturday afternoon, before Mr. Sharpley. coro-
ner, at the Jolly Sailor's ion, Louth. in Lincolnshire, on
the body of Kate Mary, infant daughter of Mr. Edwin
Taylor, farmer, of Alvingbam. On Thursday last, the 10th
instant, on Mr. soil Mrs. Taylor retiring to their bedroom
for the night, the child wee left for a short time in the care
of the girl now suspected of poleosiog it—Elisabeth Vara-
plew—wben it commenced crying. Mrs. Taylor went down-
stairs and took it up to her chamber, when it shrieked fear-
fully, and was in awful agony until one o'clock on Friday
morning, when it ceased crying, and died in half-an-hoar.
Having some suspicion that sourethiog was wrong, Mr.
Taylor brought the girl in bin gig to Louth, and on the way
she stated that she had poisoned the child with white mer-
cury, which she bed got from home, unknown to bar
mother. A shopkeeper at Orimoldby proved to selling the
girl a packet of flattle's Vermin Killer. The mother of the
girl denied having bad any mercury in her house since May
day. Mr. J. B. Wroc, surgeon, made a post mortem exa-
mination of the body. He found the chin and lips disco-
loured, and the membranes of the stomach covered with red
streaks. There were also other facts which would lead him
to suppose that MAIM irritant poison bad been taken into
the stomach. The case was adjourned. Sluff eld lade-
pen4 en!.
Mu RDZKOr s AMAULT ON SIIIPBOARD.••••JOADDS
Taylor, mate of the British ship &Hon' Mows, was on
Tuesday committed for trial by the Liverpool stipendiary
magistrate. for having committed en assault upon a sailor
named Berber. Berber had been struck on the head by as
from eyehole which the primmer threw at him, and was se
mush Lettered that one aids of his body has beeline
Pr*
Ms WARRIOR AT LtosttoooL. —Her Majesty's
ship Warrior is expiated to arrive in the Norm to-day,
when she will stay for a abort time. She was to have eons.
out of tits Pretoosewth desks on Tuesday.

late bittittgniit.

ZQI7iTY 00171a8.—Jrzx le.
(Balm the Lard Mumilee.)
iLIDDIN V. NITIOPOLITAI DOARD OF WOW.

This was an appeal motion from an order at Vicie-Clan.
cellar Wood, restrainin the defendants from taking • part
at the plaintiff's manufactory and premises except on the
terms of taking the whole. The plaintiff described himself
as • contractor for the removal of dust sad rubbish, which
was prepared by him rot briokmaking and also foragrictiltural
He carried on has business at the Grove, South-
wart, premises including a dwelling-house, engine-
house, " tot-shop," or sorting room, slop shoot, and an ex-
tensive yard occupied by dart and manure heaps, which
were subjected to various successive processes before being
reedited available. The dsfeedanta had served the plain-
tiff with Dodos of their requiring • small portion of the
premises for the of the Covent-garden approach
and SouthwarkWestminster Communication Act, 1857.
by which a new street from the Blackfriars-road to High.
Amt. Borough, was sae of the works required to be made.
The plaintiff refired to sell the portion required by the
defendants, on the ground that the whole of the premises
in his occupation and used by him for his business con-
stituted "a manufactory" within section 92 of the Lands
Clauses Act, and claimed the right under that section of
eompelling the defendants to take the whole taty if
they required any part of it. It wet coateuded the
plaintiff that the "tot shop "or sorting shop nes absolutely
essential to the carrying on of the plaintiff's basilicas, the
most important process of sifting sod sorting being carried
on. The question was whether this part of the premises
mule within the meaning of the word " manufainory." The
Vice-Chancellor held that it did, and made order for an
injunction to restrain the defendants from GalrWg any stein
for acquiring the premises except on the terms of taking
the whole. Hence the present appeal.
Mr. Bolt, Mr. Willoock, and Mr. C. Hall appeared for
the defendants the appellants; Sir H. Cairns, Mr. Gifford,
and Mr. E. Bury for the plaintiff.
The Lord Chancellor in giving judgment said he could not
agree with the opinion exprossed by the Vice-Chancellor,
that the business carried on by the plaintiff constituted him
• manufacturer within the meaning of the Lands ,Clauses
Consolidation Act, and therefore the "tot shop" could not
be part of a "manufactory," the taking of which by the de-
fendants would reader them liable to take the dholirof the
' plaintiff's premises. The plaintiff was • dustman, Con-
tractor, and scavenger, and the use of the "tot shop" was
incident to that business. The order of the wart below
most be reversed, and the injunction dissolved.

(Before Vied-Chancellor Sir W. Psis Wood.)
THONAJI V. JONES.

In this case a point arose of some professional interest,
viz., whether the will of a married woman was within the
Wills Act in such • manner as to pass after acquired pro-
perty. A Mrs. Davis in this case, being under coverture,
made her will devising certain real estate by name which
she had power, and also "all other realty over which she
had any power to appoint" to certain persons. After the
date of the will Mn. Davis became the dame of • power
of appointing other real estate, and the question was whe-
ther this passed under the genets! devise specified above.
Had it been the cam of • man or an unmarried woman
there was no doubt but that the power would operate by
reason of the recent Wills Act; but there being a section in
that act enacting that • married woman should have no
further capacity to makes will than she had before the act,
it was doubted whether the other clauses of the statute
applied to this ease.
Sir H. Cairns, Mr. Hoblionse. and Mr. Williams were
for the plaintiff ; Mr. Giffard and Mr. W. Yeation were on
the other side.
The Vice-Chancellor said that when a married woman
made a will capable of operating, then the provisions of the
Astute were drawn down to it, and it took effect as the
will of any other person. Consequently this will operated
to pass the property within the power which mine to Mu.
Davis after she executed that document, and the plaintiffs
who opposed this motion consequently failed.

COURT OF PROBATE AND DIVORCE.
JOLT 16.
(Beton the Judge Ordinary.)
ZYCHLINIIII V. ZYCHLINSKI.

Mr. Macaulay, Q.C., and Dr. Spinka were for the patf-
tioner Sir F. Slade, Q.C., and Dr. Sw.they for the respon-
dent.

--The petitioner was the daughter of an unbeneficed clergy-
man named Maltby who bad long lived apart from his wife,
who bad for some years resided abroad with her two daugh-
ters. In the early part of 1860 she made the soguaietance
at Rome of Louis Szeglio von Zychlinski, who represented
himself to be a Buie= Baron and a captain in the Imperial
Guard of the Emperor, but who was maid to have in reality
been • Prussian private soldier and a deserter living on his wits.
He proposed to Miss Adeline Kate Maltby, then a girl of 16,
and he afterwards married her at Use Roman catholic
church, at Dover, in September, 1860. After the marriage
they went to liyhes, in the south of France, with Mrs.
Maltby and her other daughter. There, it was alleged, the
respondent's conduct because very harsh and cruel He
several times violently shook his wife, and he threw • brash
at her with such force that it struck against the wall and
broke to pieces. He often threatened to shoot her, and on
one occasion he said be would throw her down a pre-
cipice into the sea. Her health became very much
impaired by his constant violence. In February, 1861,
she wrote to her father, who being too ill
to go to /Veins sent his wife's cousin, Captain Lowe, who
brought petitioner back to England on the 22nd of Fe-
bruary last. The respondent followed her in • fortnight
afterwards and attempted to regain possession of his wife
by means of a writ of habeas corpus. The Rev. Mr. Maltby
then had him arrested on a charge of obtaining • sum of
4001. from him under the false pretence that be had ad-
vanced it to Mrs. Maltby. The charge was heard by the
magistrates and dismissed. Zychlinaki in his turn
commenced an action against his father-in-law for false
imprisonment, but that suit was lately withdrawn. The
petitioner bad been delivered of a child on the 9th of Au-
gust last.
After the proceedings at Nottingham the respondent took
lodgings in that town, to which lie brought • person whom
he represented to be his cousin, and whom he called the
Countess Borjenovaka. He said she was • married lady.
Immediately after her arrival she east for • dressmaker
and had a number of dresses altered. These dresses turned
out to be those of the petitioner, who was much taller mind
slighter than the countess. She had one or two articles
marked "M. 8.," which were conjectured to have really
been her owe. The trounces had a sepmate room ; but the
landlady observed the impression of two parsons in her (the
countess's) bed. She also found • portioc of a liaised
poultice which the Baron had had on for • sore throat.
The countess left behind her an old pair of shoes which
were marked " Maltby," and which were prods:admit iden-
tified as the petitioner's. The landlady's daughter moreover
stated that she had heard the respondent go into the room
of the countess. _ _

Mrs. Zychliuski, in her cross-examination, stated that
Zychlinski had been • great friend of her family before her
marriage. Her mother was • convert to the Homan
catholic church, and bad also converted her two daughters.
Being tillable to leave Rome with the money she had
borrowed, 1,000 scudi (220/.) from Cardinal Autooelli, and
fearing that her husband would not repay the Canfield,
she had allowed Zychlinski to pretend that he had lent
her the money. They then went to P•rie, where Miss
Maltby had to sell her jewel'. Zychlinaki represeuted to
Mr. Maltby that Le had lent her 4001., which the reverend
gentleman repaid. The family had after the marriage lived
on that 4001., and on MO/. which her father had given her
to buy her trousseau.

Sir F. Slade admitted the adultery, but he strenuously
denied the cruelty, ,pod contended that the real objec: of
the suit was to get 118 of a husband who bad deluded the
young lady into a match which was not of the character her
friends bad supposed.
Sir C. Crewmen having summed up,
The jury found a verdict for the tvtfe.
Decree nisi with costs, the petitioner to have the custody
of her child.