The Express.
London, England, 1862-05-30 00:00:00

THE EXPRESS, FRIDAY EVENING, MAY 30, 1862.

tabu intelligence.

EQUITY COURTS.—Mir 29.
(Before the Master at the Roth.)
THORNTON V. HOWE,
This too was an adjourned summons, on which the ques-
tion was as to the validity of a devise of laud to be sold
for the purpose of propagating the writings of Joanna
Sonthcote. His Honour reserved his judgment when the
point was argued, in order that he might examine those
' writings. and in now giving judgment, said there woe two
contentions, first, that the gift, if lawful, was • charity,
and therefore void by the statute of mortmain ; and
secondly, that it was wholly void by reason of the immoral
and irreligious tendency of the writings in question. In
them, however, his Honour thought there was nothing im-
moral ; they were rather the work of a foolish woman
of an enthusiastic turn of mind, who had worked herself
into a belief that she was to be the instrument,
in the hands of the Almighty, of promoting sore
great gocd on earth. So far, therefore, as immorality was
concerned, there was nothing to invalidate the gift. As to
the question of mortmain, his Honour thought that objection
was fatal. The gift fall within what the court terms cha-
ritable object. Ilia Honour reed the words of 43 Elie., c. 4,
and said if a gift of money be made for the purpose of
printing and circulating works of a religious nature, the
court would frame a scheme to effectuate the object with-
out recognising any distinction as to sects, though 1
if the tenets of a particular sect, the object
of the gift, were adverse to the foundations of
religion, and subversive of morality, the gift
would Le declared void, but the bequest so ter as regarded
the statute of mortmain would not be altered by that
circumstance, as the immoral tendency of the gift would
render it void whether it were to be paid out of real or per-
sonal estate. But the folly merely of the opinions sought
to be disseminated would not make the gift bad. His
Honour then commented on the character of the doctrines
of Joanna Southoote, and added that if a fund were left to
propagate the writings of Dr. Paley or Bishop Batter, he
should hold the bequest charitable and good, so if this had
been a bequest of personalty it would have been valid, but
as the gift was of land it was void under the statute.
Mr. Selwyn, Mr. Foam, and Mr. Speed appeared for the
different pasties.

COURT OF QUZZIPS BENCH.—MAY 29.
Mugs in Banco.—(Before Lord Chief Justine Cockburn,
and Justices Wightman, Crompton, mid Blackburn.)

This was an action brought by the plaintiff, • jockey,
against the defendant, • gentleman well known on the turf,
to recover the sum of 831. Ws., for work done, tic. The
ease was tried before ➢lr. Justice Wightman, at Guildhall,
when • verdict was returned for the plaintiff for the amount
claimed.

Mr. Hawkins, Q.C., now moved for a rule to let aside
the verdict, on the ground, first. that the verdict was
spinet the evidence ; secondly, surprise, and upon affida-
vits. The learned counsel stated that the plaintiff on the
trial said that the defendant, had engaged hun in the yore
1856, at the Liverpool Spring Meeting, as a jockey in the
plain of a pure named Priest. His salary was to be forty
goers per annum and three guineas for a hieing mount
and five puree (or a winning one. He alleged that be had
ridden for the defendant from that time up to the middle of
the following year, when the defendant discharged bun. He
had left the matter alone until the present time and never
applied for the sum he now claimed.
Mr. Justice Wightman said—He certainly, at the trial,
thought that the evidenoe of the plaintiff was most uneatia-
factory, because he had let the matter sleep for &ix years be-
fore he nude any claim at all He could not may that there
was no evidence to support the verdict of the jury, but
he should have been more satisfied if the verdict had beau
for the defendant.
The court thereupon granted a rule for a new trial.
RATE V. THE ACCIDENTAL DEATH INSURANCE ODORANT.

In this case Mr. Brown applied to the court for • rule to
.how cause why a prohibition should not ions to the county
court judge of Stafford, to restrain him from proceeding
any further in this plaint, on the ground that the seal ol
the company bad been affixed to the policy in London
where defendants carried on business ; and this the defen-
dants alleged was sufficient to prove that the cause of ac-
tion accrued within the jurisdiction of the London courts,
although the policy was delivered in Stafford, and the acci-
drit occurred there.
The court, after hearing the learned counsel's arguments,
granted a rule nisi.

delay a the assets el 1,930 f. There were 14 creditors,
whose debts amounted to 2,6001.. and all of whose goo
bad hem obtained sines the lat of October last. The defi-
ciency account which had been filed was very unsatisfactory,
as it extended over five years, all attempt at inquiry blew
themby balled. He asked that goods and cash accounts
should be filed commencing in October last.
Mr. Soloman, of Fiushury•place, said the acoonnts wife
made out by accountants nominated by the aewpea They
refused any allowance to bankrupt to employ his own ea
countant, and he bad, therefore adopted those made out b 7
Hart Brothers. He did Dot object to an adjournment if it
was thought any benefit would result from an adiouremenX
The Commissioner adjouroed the examination without
day, a day to be named when the bankrupt has filed the
additional accounts required.
Adjourned accordingly.

INSOLVENT DEBTORS COURT.—MAY 29.
(Before the Chief Commissioner.)
_ _ IN RR BROWNLOW JOHN Mild NORTH.

In this cese,beKre reported in oer paper, an application
was made for an adjourned orderfor beesmg. Counsel were
instructed, but they did not appear ard the attorneys eon.
ducted the case, Mr. Clark (Nichols sad Clark) appearing
for the insolvent, and Mr. Fuller and a Mr. Smith for
creditors.
The bearing of the ease was in Jane, and the matter was
referred to the court in Scotland, the insolvent having ob-
tained a sequestration. In March last the trustee mode a
report that the bankriiptcy had occurred "through betting
and gambling." A resolution was passed that only a
cassia be granted to release the bat not the future
=y. The insolvent to the Lord Ordinary,
lordship on the oth May instant dismissed the
appeal, on which the insolvent applied to be finally heard in
this court, which could alone diacharge him from the
detainers in Ragland. On the other side it wee urged that
he should apply for the comic. Re bad not exhausted all
the means, but in fact the application was an appeal from
the judgment of the Lord Ordinary.
The Chief Commissioner granted an adjourned order for
7th June, and then counsel could advert to the points
which bad been raised in their absence.
Order accordingly.

THE POLICE COURTS.
MARLBOROUGH-STREET.
Barthokmsew Puller, an Italian organ grinder, was charged
se follows :
Mr. Edw. Jennings said that on the previous evening,
about 8 o'clock, the prisoner was playing an organ in front
of hie father's house, No. 11, Langbarn-place. He went out
by his father's orders, sod sent hie brother to tell the pri-
soner to go away, his mother being very ill, and her con-
dition being made very much worm by the prisoner's play-
fog. The prisoner refining to go away, his brother went
for a constable, nod one came up, but refused to interfere.
The prisoner had been playing for • quarter of an hour be-
fore he was ordered to leave, and continued for a quarter
of an hoar after, and was a great annoyance.
The brother of Mr. Jennings corroborated his evidencie.
Prisoner, through an interpreter, begged the complainant's
pardon.
Prisoner, said he did not wish, as the man had been
locked up all night, to prom the cue severely, but the
nuisance must be stopped, as it seriously Maimed his
mother's illness.
Mr. Knox said he was bound to pay attention to the re-
quoit of the complainant. He was aware of the liaisons,
suffered in consequence of the organ-playing of these men,
but at the same time he did not wish to stop all strut
mimic. He did not think, however, that it would
do to let the prisoner gc, and to say to all hie companions—
grinders of barrel-organs—that they could atop opposite a
house where some pampa was ill, and at the request of the
complaining person, who might be very humane, when
brought before a magistrate, et oft with a alight pinkie.
moot. But for the iotercession of the complainant be
s hoold have passed a severe sentence, as the nuisance to
students and professional men was intolerable, and still more
so to persons who were ill. He should fine the prisooer sa.
or seven days ; and Le wished it to be understood that it
was only at the request of the complainant that he pared
such a sentenco.
SOUTHWARK.
Chortle Chapman, a hawker, was charged with throwing a
quantity of overproof spirit of ammonia over several
children, severely injuring two of them, and depriving
them of their eyesight.
Thomas Hatton, a very intelligent lad, whose right eye
was bandaged up and deprived of sight, arid who seemed
to be suffering severely from other injuries to his face,
said that he lived with his parents at eadalLetrast, Bee-
moadsey, and on the previous evening was playing with
other' 111 the Week The prisoner was rolling about in
the mud near a truck containing several bottles. While
they (the children) were running past him the prisoner
suddenly jumped up, seized one of the bottles off the
truck, drew the cork, and threw the contents over them.
A greet portion of the liquid came over his face and eyes,
completely blinding and burning him, and causing him ex-
cruciating agony. His mouth was partially open, so that a
quantity of the liquid entered and burst hie tongue severely.
Mr. Edwin, the chief clerk, here in'ormed his worship
that Mr. Evans, the divisional surgeon, had cuddly
attended the lad, end although be wee very serionaly
burnt, he thought that the eyesight could be preserved.
Sergeant Cramer, 11 division, stated that there were
several other children severely burnt with the liquid, and
they were not able to attend. He had a tradesman in
court Rho witnessed the prisoner's corduct.
Robert Sunday, a tradesman, residing in Fendall-street,
said he was standing at his door on the previous evening,
when he saw the prisoner fall down near his track sod
roll himself ahout. Some boys wen, towards him to help
to pick him up, when be snatched a bottle off his truck and
threw the contents over the children. He saw last witness
put his hands up to his eyes and scream in a dreadful
manner. The other children also screamcd out that they
were burnt. Witness laid hold of the prisoner and de-
tained him until a constable came up, when he was taken
, into custody.
The constable produced the bottle containing a small
quantity of liquid which the doctor pronounced to be spirit.
of ammonia highly over proof.
In answer to the charge the prisoner said that be hawked
about the ammonia and sold it to hatters and clearers of
, wearing apparel. He was very much annoyed at the time,
and the ammonia came out of the bottle accidentally.
Mr. Burcham told him that as several of the children
were io injured as not to be able to attend, he should re-
mand him until Wednesday, ad be refused to accept hail.

MURDER IM DOMIGAU—A oorreapondent of the
Dublin Evening Mail says :—" I regret to state that •
murder of • frightfal character has beea committed in the
neighbourhood d Milford. On Friday, the `23rd last., a
respectable farmer and cattle &War, named Hugh Marley,
of Rornakil, who bad been &Reading Milford Fair, was way-
laid at lierykeel, and so badly beaten that be died on
Sunday morning from the effects, never having rallied from
the time he got the blows on the bead. A man named Hugh
Friel was arrested early on Saturday by a party of police
under commandof Captain Studdart, sub-inspector of Hamel-
ton District. To-day (Monday) • coroner's inquest assembled
to inquire into the matter, when a highly respectable and
intelligent jury was sworn before Mr. G. F. Long, coroner.
The county inspector, Captain M`Mahon Captain Butler,
J.P., and T. S. Macleod,4 R.M. were in attendance. Several
witneeses were examined, aid Hugh Friel, the person in
eestody, was identified as one of those engaged in the attack
is Blum'. From the activity of the coustabulary, and the
arrangements of the county inspector, I feel sure that the
guilty will be brought to justice. Biscay has left • wife and
seven young children. Blaney has had disputes lately with
Friel and others about cattle, kr. The coroner has just ad-
journed the inquest to Milford, and Friel has been marched
off under • Won escort of constabulary. The constabulary
have also a very large number of whimsies in charge."
LONDON-BRIDGE RAILWAYS TERMINUS HOTEL
0011PANY.—The first half-yearly meeting of the share-
holder; in this company was held yesterday in the new
hotel, Dr. Chaim', in the chair. Mr. Bigg, the secretary,
read the report, which expressed the regret of the directors
that, owing to circumstances over which they had no coo-
trol, the opening of the hotel had been delayed for the
epees of one month. They believed, however, that they
had best consulted the interests of the shareholders and the
character of the hotel in not commencing business whilst
the building was in an unfinished state, as the comfort of
visitors must have been materially interfered with by the
workmen. The reasons for this delay were the extra work
caused by the additional storey, increased mileage, and the
strike which took place in the bidding trade last summer.
The directors, however, feel confident that those additions
have been judicious, and that a proportionate return and
increase of custom will fully compensate for the outlay in-
curred. The directors have selected as meager • gentleman
in whose experience and integrity they have the fullest con-
fidence, and who for several years filled an important posi-
, lion at the Great Western Hotel. The remainder of the
staff of the hotel is efficient. The hotel will be opened to
the public on the lid of dune. The board is happy to
inform the proprietors that the terms of as arrangement
with the Brighton Railway Company for the scow to the
hotel from the railway incline have just been agreed upon.
The chairman, in moving the adoption of the report, said
that owing to the slight delay which had taken place in the
opening, they had tow a building complete in every respect,
and he looked forward to future operations as being a great
success. Considerable discussion took place on matters of
detail, at the conclusion of which the report was adopted,
and a vote of thanks passed to the chairman.
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