The Express.
London, England, 1863-11-04 00:00:00

tato inttilistnte.

EQUITY COURTS.—.Nov. 3.
(Before vic•-obaanglar air J. Stuart.)
HUTTON r. IMETON.-BZETOM I. MCMURRAY.
It will be in the recollectioe of our readers that the object
of them suds was to ascertain the shares of the parties to
them in three newspapers, called rmpectively the Sporting
Irr4i4l, the spathe° Telegraph, and the Eclipse. The causes
were beard before the coromenoement of the long rustles ;
whoa by honour iutiesakd, at IMO leogtk, what was his
opinion upon them. At that time, however, he stated
that be would on a future occation, but at the earliest
moment, pronounoe his judgment in them. Accordingly
they were again placed in the paper this morning for hie
heisora's devalue.
Tree Attorney.Geueral (Sir Roundell Palmer, Q.C._k Mr.
Deco°, q.c., Mr. Melina, 44. e., Mr. T. li. Terrell, Mr. E.
B. Kerslake, sod Mr. Swaneton appeared for the several
parties.
The Vioe Chancellor now said that he had stated pow
ally, before the vacation, what were hi views u to these
siace. During the vacation he had bed as opportunity of
further considering the pleadings, and he saw no reason t.,
change the opinion he lied formerly expuesd. He thought
that '3lr. Hutton, who had .meneed the litigation, had
entirely failed in establishing the as set up by his bill.
He also thought that Mr. Buten, who bed filed the woes bill,
had established hi right to the relief he sought, vie., a decree
for the specific perform/wet the contract entered into with
him. There wu a point of kw to which his honour monk]
advert, though it was not strongly pressed in the argu-
ments of the causes, and it was the rule which iso laid
down by Lord Radecki, vie., that where a pentodunder-
takes to loaaythiog, which be can do, or can procure other@
to do, this court will nompel bun to abide by his wider.
takiag. Hi honour eons that role to be good law,
and to be one which governed these cases. Upon
the whole, therefore, there must be a declarative
that Mr. Beaton was entitled to hie decree for specific pec.
tenuous, with costs; and Mr. Hutton's bill most be dis-
missed, with oils. His honour undendeod that there was
pours money in court ,• but that must remain there, and
be made the subject of a future application.

COURT OF QUIZN'S BENCH.—Nov. 3!
gittinpin Banco. —Mabee Lord Chief Justice Cockburn and
Justices Wilman, Blackburn, and Mellor.)
MU AN ATTOWT.

• Mt. Y. ChamberaTQ7C.7inOWidf;; a rale calling upon
as Attorney of the court to show came why be should not
be struck off the rolls, far miroooduet is having made a
false affidavit of inane, in the case of Grail and C 0...
Williams. The plaintiffs entry on businsu in Park, and
they brought an action against the defendant, through the
leetrementediey of the , which wu communed on
the 28th September, 1862. Two days balm the day of
trial, the action, as wu expected, was oomproodaed by the
payment of a certain sum for debt end another for costa.
The outs were accordingly taxed, and in the
1111 of orate were charges for subpomaing
siesee, the payment of conduct money, the
evidnetly being to mats the costa as lugs u possible. The
meta were duly paid, red it now turned out that thee
ware 10 or 12 Woe chum with reference to the isetiog of
inbpareas, their service, and payments for them to the
odious of the court. There were also charges for rorelkoia
lie ease a resume, sad the for withdrawing the
•
shish were both fibs

Rule granted.
11•111112 r. P1N7011.-IMCI OP PROW=

Mr. &Twill, Q said was an action for breach ef
promise of marriage, tried at Liverpool before Mr. Judos
Mellor, when the jury Merged • verdict for the plaintiff—
:oBoC Be mewed fee a male allies upon the
to show awes why the verdict should not be set
aside and a sew trial had, on the gr mad that the damages
mese exceasivo. Tim cam ina fu„Ry illierted at the time,
aid created great eiteitermet la Li The young lady
at the time of the adios was about 8 years of age, aad at
the time of the elsgsgeemat orgy 16. The defent wee •
Esidatuot in the 5611 i or Imocashire Rifle Volunteers, 16
years of age at the time of the trial, mid only 21 what; he
mode the eagagerestit with the young lady. She was the
daughter of • MastobssAer oommvision agent, and the de•
. feadant was the teeth living child of • beaker at Raelifield.
The leaned counsel having rail portion of the colds's@
and the oerreepondsecia, which was voluminous,
The Court granted • rule.
Rule nisi.

WAIT/ JOHN WOLTZ.
Mr. Serjouit Bel Latino, with whom was Mr. Metcalfe,
moved for a rule for a criminal information against a person
named Hamilton and othen, for a conspiracy. Mu.
7T=
ea whose behalf he mond, was gentlemen who had
for inwards of thirty years is this masts', and bed bon, a
highly respectable cluuseter, smiths personagainst whom he
moved was Mr. Hamilton, ow of the inspectors of the City
Police form, and chief of the asesetive department, and the
When were his wheedinale arnosse. It appeared that is
August lest e pawn named Detriemben mannitted a some-
what singaLse feud, by obtaining a number of valuable
shares from some brokers in the City end paying foe them
late on a tleterclay by a cheque. It however turned out
that there were ao amide with which to meet the cheque,
and Desriesohm was not forthooming, and it was non
wonderful that the polio. odicen became active is the
matte: in the hopes of detesting him. Wolfe, it appeared,
received an early vitt one evening in the matter from
Hamilton and a detective named Webb, who made *Wise
of him relative to kis knowledge of Detriments/A, and where
he had goo*. Wolfe explained to them that he bad so
eonnexion with Detrissehen, that he knew nothing of kW,
and mold give them no information relative to him.
The Chief Jusiree—What is Mr. Wolfe?
_ _

ge7jMat 11;111antiams-4—MeTro—hiaicarrnThs gon Mai-
.
MIS in the neighbourhood of Ficabarpequare' when he
hod resided for not tima thirt• yaw. Thedoteotiva
'ailed os bim a 'mood time, ad he gave them the mem
sower. Mr. Wolfe became acquainted with Detrieschau
from an introduction to him at Brighton, and his s'e'ed
ilessaction with him was in Jul, boa, and sues that time
had had no communication with Ditraimehas, and haw
aetliMg whatever of him or his fraud.
Isama
The
ctims Lord Chief Justice —W hat was the nature of that

Mr. fierfeset Bambini said the asemed traesictioe Mr.
Wolfe had with Hatcheries had refansce to the purchase
and male of some shame. That be esterhiated a bed opinion
d Detrieschas in July lest wee evident, for happening to
in him go into 'tartan bank when he had introduced him.
be antipasti the booker set to put any trust in him,
because he had heard mons prejudicial to his character.
After the visit of the police on the mooed ocosaion. Mr.
Wolfe, on the following manning, noticed two suspicions
looking persons in the street, who appeared to be portico-
hely attentive to his house. (Laughter.) They did nothing
to attract attention at first, but he found that every time
.he went out it was solaced by these mat 4 sad in the most
aillessive manner, and that afterwards Mley mad Whitney,
. two of the men be proposed to include I. the criminal in-
forrattion, seated themselves in the innosdiate seischbonr•
heed of Mr. Wolfe's house, had beer bemight to than, and
whilst so enjoying themselves explained to pereoes when
they bad an opportunity what they were doing there. In
eenemineme of their conduct Mr. Wolfe found Massif a
mark for ridicule and ineult from every penes who
pored him, foe wherever he walked these men fol-
lowed him, sod so closely that their melded became
a matter almost of amault, aid from its daily and !lowly
warrenshe got tato • state of p I
eat irritation. Mr. Wolin
was • aquanaut sixty years of age ; be had bat recently re- i
covered from an attack of twain fever ; sad he had • toadied 1
certificateto show that there was apprehension of hie health
suffering severely from the continuance of this system of ;
persecution. H. bad remonstrated but without avail. sod
the amount of persecution he hat endured as detailed is hie
affidavits would astonish any one who read them or heard i
them reed. He was determined to bring the matter to a I
termination, if possible, and be accordingly committed an I
set of violence which caused him to be taken before the
Qty magistrates. AU Mr. Wolfe desired was protection, but 1
he little knew then what he was about. Hamilton was
gelled as a climes, and he stated that what had
berm done had beta done by his orders, sad
ander his directions, and when he was asked
his motive for such conduct sod was challenged to make
awn charge or explain his conduct, he replied that the
seam of public justice required that he should be silent
The City ma&traws appeared to think the espionage to
which Wolfe hed been subjected not at all uowarraatabla,
foe they hued Mr. Wolfe His, for the insult sod re-
delivered him, it he might use the expression, into the
lamb of his pimientos% (Laughter.) No place ..awed
tete wore from their inquisitiveness, for whoa Mr. Wong
went to commit the kneed eerjeant the two watchful °Moon
followed him into the hallowed precincts of the Temple—
(laughter)—tab waited some considerable time for hie exit,
when they followed him with such indeceet propinquity as
to sot only greatly annoy him, but attract the attention
of the casual passers by. Thew men it appeared did not
eesfine themselves to ordinary watching, but jeered him as
he went is end out of his home, and by their gesticulations
soiled Wallace to who and what he warn.
The Lord Chief Justice—Dtd Hamilton ever state by
whom he was employed?
Mr. Serjeant Ballientiee—Ne. He persistently declined
to give any reason foe his conduct, and up to that time be
had ref need to give up the nand euf the persons so employed,
and it Ina only whim they were pressed by. Mr. Metcalfe,
when they gave their evidence before the magistrate( that he
was able to obtain them. The loused emleast @ski dire were
ether circemstanees connected with the system of saboy-
oaoe these men had pursued towards Mr. Wolfe, aod witti-
est going into any lengthened description of what had hap-
pened, be would, however, bring under their lordships' at.
Motion one or two other circumstances. Mr. Wolfe, if they
leek his Matemeet, and that of his 'medical
man, wee driveo into inch • state of excitement
by the treatment he had received se to lead
te the belief that be might commit some act of violists
which he might repeat of for the remainder of Ms life. Oee
Itsadvy it was amused that he should take a ride into the
=is a cab with a friend, and no sooner had they
than these two men followed. Not content wish
that, and finding it probably isconveniest to follow on foot,
and not inclined to pay for a cal, one of them jumped up
behind Mr. Woife's cob, and accompanied him during the
whole or greater part of his el iVO. That person so fixed
thed
hameelf behind the cab that woo unable to remove
him, or get rid of Mee. (Laughter.
The lard Chief Justice said the ser;eant had said
. onentigh Mastitis him toe rule.
Mr. tiajloot Hallasthe said there were one or two other
fasts he might be artatisa. Me advised Mr. Wolfe to leave the