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

COURT OF EXCHEQUER.—Dnc. yr,

Sittings at Nisi Pries at Gitilliesll—(Bstors Mr: Baron
Bramwell and a Common Jury.)

NICHAILIS V. DAVIS._

This wan action for goods bargaieed for and sold and on
an soeoest stated. The defendant pleaded never indebted ;
secondly, fraud ; and thirdly, that the goods were sold for
an immoral purpose.
Mr. Tindal Atkinson and Mr. Kemp were counsel for the
plaintiff ; and Mr. Gibbons sad Mr. Talfourd Salter for the
defendant.

It appeared from the opening statement of Mr. Tindal
Atkinson that the plaintiff was a Premien, who for seven or
eight years had kept a coffee-house and a clothes shop, at
50, St. George's-street is the East, and that the defendant
had formerly been a soldier is India. last year the plaintiff
took a house and shop in Grocer's-alley, leading from Well-
close-street to Wellelose-square and in January last com-
menced there a confectioner's business, which he placed in
the charge of his two nieces. In September the defendant '
was introduoed to him as a person desirous to purchase
a business, and after some negotiatioe a written agree-
ment was entered into on Sunday, the 20th of
that month, by which the defendant agreed to panthers
the furniture for 110!., and to pay a deposit of 101. Os the
following day he said be had changed his mind, and offered
the plaintiff W. to be off his bargain. The plaintiff refused
to cancel the agreement, and the defendant having failed to
pay the money, be shut up the shop and brought this
action. At brat the defendant pleaded never indebted, bat
a month af terwitrils, having in the meantime changed his
attorney, he added another plea to the effect that after the
execution of the agreement be found that it was a brothel,
and refined to complete the purchase. The learned cone-
eel said that this allegation was wholly unfounded, hut that
even if it were not it was no defence to the action.

lliitthias Lateens, the plaintiff, who was ailed, rid
that both he and tbs defendant were members of the Hebrew
persuasion. He positively denied that the booze in Graces-
allay was kept by him as a brothel, and that he let it to
tbe defendant for carrying on such a business.
Os cross•e:amination he said his principal business
was going on board ships to measure sailors for clothes, and
getting them ready, sad keeping a coffee-boues. He ad-
mitted that he let out beds at the route:4l°B4es shop, but
✓id be never allowed any females to sleep there except hi.
nieces.

On the pert of the defence, the defendant, Thomas
Devi., was called. He rid be bad purchased his discharge
from the ladies army, and came to ibis country it May,
1863. Before he entered into the agreement the plaintiff
told him that be took 121. a week by selling cakes io the
shop, but afterwards be said that if he kept a couple of
sailor'. girls he would do • good busiest.. He (defendant)
replied that be could not keep such • low boom. 113 It would
not suit him, mod haying ascertained upon subsequent
inquir► that it was a brothel, he refused to complete the
purchase.
Other evidence was adduced to prove the alleged
character of the house, but
,it was Dot of • very positive
wawa.

;!.cousiderable body of witoeues were called on the part
of the plaintiff to rebut this testamooy, and to show that
the house time respectably conducted.
lir. Baron Bramwell, to summing up, left it to the jury to
any whether plaintiff bad been guilty of fraud in repreeent-
ingthat the house was respectable.
• jury, after a brief deliberation, said they were
divided in the proportion of 7 to 5.
They were time lucked up shortly before 7 o'clock, but
bad nut returned into court at a late hour.

COURT OF PROBATE AND DIVORCE.
Dic. 17.
(Before the Judge Ordinary.)
1117,OZNALD V. Fri zunitite.-BrIMAL JOU.
(Copiloted front yesterday's K cu.)
Boperinteodent Orem, who was e.Bedm as stated by
the last einem, deposed that Alm Itestistrorth told him she
epßeheeded a breech of the peace. Mrs. Fittgerekl woe
upbraiding the major
.for keeping up a COUTAOIiu• with
Mrs. Wallet He mud he was innocent. She re-
plied, "How con you say so, when you hive kept
up the roseesios with her for four peen 1" Hems. that
he had not does so for teener.. lam Pittsfield replied,
.. How aea you soy that, whim 1 More a timer he my
ion written lately to you by her 7" He said, " trets.
written fin letters toms, but 1 have taken uo SOHO. of them.'
fibs said " You bays gent her money lately.* He replied.
' I bare only sent her a hood foe 1001., and that 1 have Dot
paid." He again protested hie iitmossee. Msg. Fitagerakl
said, "How a you tall ins that when she confeasse Unit
the child ii yours!' The rosier hen mid—" I
am guilty." He went down ing Ids knees and preyed
for been...a. He thee asked for hi wife. head
or her love. He bad followed her seem the ream aid
seemed to be closing upee ker. Winos then imerpmeg
and desired taut to leave the Mime, which he did. He
requested 'IMAM' to accenamey bins to the railway statics.
Oe the way he mid "That women km hese 1160 ruts se