The Express.
London, England, 1864-02-08 00:00:00

COURT OF COMMON PLEAB.—Fas.

Skins at Nisi Pains to Niddlasax.—(Balora Mr. Justice
Bylaw sad a Special Jury.)
HEWBON O. WDIDEIAIf.

This was an actioa against lir, Windham, of Felbrigg
Hall, to recover a balawee of 4171. 15s. Id., for services
rendered and money st in reference to getting up hie
snit in the Divorce Court against Mrs. Windham and
Signor Giuglini. The sees was partly heard yesterday, and
wee resumed this morning.
Mr. M. Chambers, Q.C., Hr. J. J. Powell, Q.C., and
Mr. J. Browne, appeared for the plaintiff ; and Mr. Kerslake,
Q.C., and Mr. D. Keane, for the defendant.
The plaintiff was cruse-examieed et greet length sa to
the services which he said he had rendered, and the mosey
he had
rs paid
an M aunt of lin. Windham, de-
posed that plaintiff was on very many occasions at her
house examining witnesses is reference to the divorce suit.
He wee there until cos, two, and three o'clock in the morn-
ing, and he sometimes might have spent for refreshments
Ba. or 100. a night. like bad also seen him pay money, and
he had given her 1/., I/. 1011., and 21.
Mr. Barnes, of the Haymarket, suited that Mt. Windham
introduced the plaintiff to him, and told bite to give him
any information he wield in reference to the divorce suit.
He afterwards saw the plaintiff frequently at his home, and
no doubt he spent money there—perhaps a pound, or per-
haps two in • night. Witmer also sew the piaiatiff in
Norfolk about the divorce suit. He received 151. of the
plaintiff, but be denied that it was for his services in going
down to Norfolk ; it was on account of goods supplied.
J. Foyle said Its had oa several nights been with the plain-
tiff getting up evidence, and had received 51. and some
other mums for his services.

W. Knowles, who had been butler to Mr. Windham,
said that the plaintiff bad frequently seen him is reference
to the divorce suit. On one occasion the plaintiff asked
Mr. Windham for mosey, and be mot fur pen and ink and
gave him a bill for 2001. Mr. Windham said that whoa the
Yelbrigg elate was settled, would pay him it. re-
mainder. After the suit was stopped, the plaintiff bad sa
interview with Mr. and Mn. Windham, whoa Mrs. Wind-
ham said, " The man had worked hard, and be ought to
have his matey."
Mr. Hawkins, a florist, at Bayswater, mid that the
plaintiff applied to him for information in reference to the
divorce suit; sad afterwards witnesss wait with him fifteen
or twenty times to pt up evidence. The plaintiff spent
perhaps 12s. or Ike. a might.
Mr. Kerslake, in addressing the jury for the de-
fence, characterised the suit as nee of " find
impression,* for certainly he had never before heard
of an satins by aa attorney's clerk for services reedited in
referenoe to a suit in which his principals were attoreies
upon the record ; and he added that Mr. Windham having
been subjeMed to many exorbitant and extraordinary claims,
his friends thought it necessary that he should resist the
present demand in open court. He also compared a num-
ber of the Items in plaintiff's bill and in that of Messrs.
Chappell and Shooed, and contended that in many in-
stances the same services had in substance been charged for
in both amounts. He further said that he should show
that 2751., which was said to have beep paid on account,
wee sot so paid, but was in reality, a loan.
Evidence was given to show that the gurus which had
been received by the plaintiff were not payments on
amoant

----lir.47iadhars himself was also .summed. He said—l
am at present rending is lodgings at Cromer, is Norfolk. I
was first introduced to the plaintiff to Mr. Chappell's office
as the clerk who was to attend to my Dwaine's. I did go
about with the plaintiff occasionally, but be never said he
was to charge me two guineas • night. He said that he
did sot think that he was sufficiectly petal, and ha gave •
long rambling account ad what he did at night, which I
dun t think was much. (Laughter.) I never mid I would
give him two guineas • night. I always paid his expense..
I said that I would sae him paid what was just and fair—
nothing else. I was in town only occasionally during the
investagatiou as to the divorce., for my business called me
elsewhere.

Mr. Kara lake—What wu the plaintiff doing at Mr.
Bereee'a

Witome—Generally =miss himself by getting drunk, I
should think—(laughter}—and amusing himself taking
about other things. He was in Norfolk a long while, but
be might Ism dose it all in three days. He Mayed and
marled me greatly by riding up and dose as the coach,
and I had to refuse other people. (A Math). More than
owes ha has at three or four in the morning ordered my
servants to bring up will!, and he set amusing himself with
it. (Laughter.) He asked me to lead him 100/. or 2001.,
and at my request Mr. Bugg, my solicitor gave him a cheque
fer 1001. Afterward. he salted me to lend him 1001., and 1
signed a bill for 2001. He was to pay Miss Cooper 20/.,
and he said the dieeount would be 201., and be was to bring
the net to me, but he meet did—(a laugh)—and
he never paid Miss Cooper. Afterwards I wrote to
him uking for the return of the 2001. This wee
on the 15th Jam. There is an eadoreemest upon my
letter which re In the pleintirs handwriting. It is—
" Dear Windbros,—l duly received your favour of the
15th late last Molt, sad shall be happy to meet yoa at my
own house to consalt as to what Maid be does in a variety
of important matters. I shall be at Barnes's to-sight, and
if I see you will appoint a meeting. Hoping you are happy
and comfortable, believe mealweys sincerely Joon." I wee
arrested by the plaintiff for his claim when I was going in
ig=t for • cruise about Cowes, and afterwards to
shmttCrose-esaini —I had not before ale executed a bill of
sale. I heal to give • wart of bill of sale for bail. 1 wasalso
arrested by Mr. Bingham, a tailor.
Mr. Powell—You drove • mach, I believe!
Wither—l was proprietor of my own coach.
Mr. Powell—You say you paid all the plaintiff's ex-
peons. Now, did ha not pay you his fare by the mesh?
Witness—Certaisly. I was net going to lose a fare.
(Load !slighter.) I lost other by ft, and made
him my Mated of them. (liemered tighter.) Plaintiff
was to have 1001., of coon., out of the 2001. bill.
Re sismined—lie paid his fare twice—de, a time.
Mr. Powell—Did be tip the madman! (Laughter.)
Witless, iedigeontly—He might have "tipped" my
renames, but be never paid me. The plaintiff made no
claim upon me until he left Masers. Chappell and Shooed.
Evidence was given that the whole amount of Messrs.
Chappell and filsorad's bill, in respect of the divorce suit,
was 784/., in addition to an expenditure of 401.
The further hawing was adjourned.