The Express.
London, England, 1864-02-12 00:00:00

ing :

COURT OF EXCHEQUER.

Sittings in Banco after Term —(Befors- Mr. Baron Marlia
and Mr. Bane ChsanolL)
Their lordships sat this mein` at 11 u'clock for the par
pew d delivering judgmeat.
_____

/Wile O.

Mr. Bares Martinraidihai is this cue a rule bad been
obtained to set aide the verdict for the plaintiff, end to
eater • soesuit, or for a new trial. As he had only heard
portion of the arguments he now only delivered the judg-
ment of the other three judges, but as far as his information
extended he eineurred in it. They were of opinion that
the rule should be diseharged. There wee no ground for
entering a sonsuit, and certainly there appeared to be in-
duce to go to the jury. The yoestion was whether there
bed beta an acceptance of goods sold, so es to may the
17th notion of the Statute of Fraud. Crpos that
point there waa clearly endows to submit to
the jury. With respect to a DOW trial, they did
'.not think that the verdict was against the evidence.
or that they bad • right to disturb it. The great prebabi.
Sty wu, that if they granted a new trial the verdict would
go the same way, and Sneak', oo doubt, the can was cc the
very gurgle, strong evidence ought to be given to prove
that there had been no aceeptence of the goods. The eonft
did not consider it would be say real benefit to the parties
to grant a new trial ; and the role would, therefore, be die.
charged.
Rule discharged.

JIIDOWENT.

His lordship said tien..;;;;liireeoeher OMB StaDdiDA
over far jmaint—ilie Stockport Waterworks Company 1.
Potter, Hriy a. Oestler, sad ex parte Mortieser, rr
lead to the operstamp to be placed as a deed of camp
ones. The j te had been written is tbem, bat
unfortunately the jem did sot agree, sod it wee theaglit
better that the mem should stead over till mat term, as it
was exceedingly desirable that the judgments should be
tumnimoes.
Their loadehips thee rose.

COURT OF PROBATE AND DIVORCE.
(Before the Judie Ordinary.)
JOICI V. JOTCL _

Mb w a divoroo—inii—nterd-Wiew days ago, the re.
spondsat Min a bookseller and librarian at Souther:l'ooo,
Tito had deserted his wits rainy years ago.
This women Sir imam Wdde said that the qtteatioo of
nartamoselslo delay ia permeating the petition was of IP3
much importeooe that he sonsiderod it desirable to have
it Wars the tall court. The mm must therefor°
Mood over for that papaw.
Dr. Steaks sad Yr. Searle for Oho poeticism.

TV.ELLII V. CLAL■ AND- OTILEMS.

This part heard testUMentriry eat w; thee resumed.
For the defer* great street was laid on the fact that the
lead at Nwsud, whisk the will proposed to lam to
Waling Qerb, was already his. The driesesed, Miss
Cooke, it seetwel, bed • life interest in a small estate at
Btrosd, whisk she thought she bad power to leave. sod
which die braided Clarke to have ; and Mr. Torts de-
posed that he bad mistaken the dereipteou Wire he raid
the will over to her ate made the useark, '• William
Clarke, of Nappeml
_;" but the observation made so im•
mares ea ha mud.
Witham Onebett, as attorney's clerk, sad our of the
tasting witnesses, deposed that he was a seourtaace of
the testatrix, sad said that she had aresalted him on the
=at al • will. He took instroctioes which priocipally
from the will actually executed in thee. p
I. the Art place, the thorns& Webb wee to have
an sauseity BM.iostead of a legacy of 1,0001. ; where's
sister &Oda was to have one of 2001. Wirier was
to he ezeonter sad to have the resides. The testatrix
r seseesti, bowers, doubtful whether she ureat wirier os
his brother. Did sot draw up • will from thew larreetioat.
sot think*, her competent at that time. Was guided it
OXIMItiOII Of the will by the opinion of M. Berry, hue
Cooke's medical man, uto her competesoy. Could not
my at the time that he thought her not competent ; but
wham be ertgratulated her on having at hot made her
will, she said she did not recollect it. On ',other
acesaine she told witness that abe did not recollect whit
wee is it, and asked him what its contents were? She
said else did est mesa Mr. T wells to have both of the braes
te BudelLetreet. Told bet that she might alter her will it
she did est Moe It ; bet she never asked him to make ►• Bev
owfor bey. Witmer afterwards received trees her an
arieset of 5/. for leplisnion. When the testatrix said that
the did set reedier makiag her. will it eiseurred to wittier
that be bed ark • mistake in attesting it ; but ha did not
write M Mr. Twelle. at my • word shoat it till wirer ..44
asked to make se alliarit as as &Berta( witness. ThougLt
it strange that eke should have forgotten making her • Ir.
bat upward that die bad " dropped od" niece she k;
sash hie will

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Sir J. Wilde asked the learned oonneel,ldr. 11. Chambers,
ki.c. (with him Dr. Spinks) whether, after this gentleman's
endear., he would persevere ?
Ur. Chambers was afraid that upon his instractioos he
must do so.
{Juror—We feel very math inclined to stop the ewe.
Xs. Members insisted on his right to go on, and pro-
ceedeled to call a number of other witnesses.
[The trial had not concluded when we went to pram]

COURT OF BANKRUPTCY.
(Before Mr. Oommiesioner Gottlbarn.)
IN RE Z. C. PIAIIBOII.
The adjourned bearing of this somewhat remarkable case
good for today. At the last sitting the examination of
the bankrupt was concluded, and it was expected that the
advocates would now proceed to address the court on the
evidence.
Mr. LIIIITVICe, referring to what had parsed at the last
pitting, stated that the reason why the assignees had not
conunued the bankrupt'. allowance longer was, that they
bad no funds in hand. The same Wise had also prevented
them satisfying sundry urgent claims which bad been made
ape' them for seamen's wage!.
Honour observed that it was very desirable for the
interest of the creditors themselves that an allowance should
be made in such cases, where the state of the siesta would
snow it.
Mr. C. E. Lewis remarked on the "obduracy' of creditors
in rantiog an 'allowance to bankrupts, and said it was
much to be regretted.
The Commissioner—As we all three take the MIS view,
...Aare it will have some weight with creditors.
"mi.. Bagley applied to the court to reetion a further ex-
amination of witnesses at Hall. on account of the expense
which would be incurred by bringing them up to town.
hi,. Lewis strongly resisted the application and pressed
for an immediate adjudication of the case, the bankrupt
baring now been before the court nearly 18 months.
His Honour decided that the trilliums should be brought
before him for examination, and the further hewing was
adjourned to Friday next.

THE POLICE COURTS.
(THIS DAY.)

C LERICEN WALL.
COXICITTAL or • SHOPLITTIL
EnCy Inland, alias Prover, residing at 18, Great
Warneretreet, Clerk/smell, who described himself as •
needlewoman, was charged with steeling 16 embed silk,
the property of Mr. George Green, of 110 and 111, Upper-
street, iington.
Yesterday afternoon, between the boars of S and
4, the prisoner entered the prosecutor's shop, and asked
to be shown some pieces of drum silk whisk she wanted to
ir-Akh. The assistant showed her ten or twelve pieces,
occupied about ten minutes, and then be mimed one
of the pieces. He told the prisoner that he mimed • piens of
plain silk which he had showed her at first, and she
replied, " You never showed me • plain milk • you bad
better find it." He searched for the silk, Utl in doing
so moved her once or twice, but the silk could not be found
Afterwards a policeman was sent for, and then the prisoner
stooped. and. picking up • piece of silk doubled up, *bid,
Is this the piece of silk you have lost?" The prisoner was
then given into the custody of Police-eargennt White 14 N,
who took her to the polies-station, where she was searched,
and only 3d. was found on bar.
The prisoner pleaded guilty, and asked the magistrate to
deal with the case at once.
_ _

Yr. D'Eyncourt committed the prisoner to the Middlesex
Senions for trial

PRIVATE BILL LEGISLATION.