The Express.
London, England, 1863-12-11 00:00:00

COURT OF FOCOHEQUIR.—Dcc. 9.

Sittings at Nod Prins at °Midis& —(Before Mr. Baca
Bramwell sod • Special Jury.)
_ _ _
MIMIRT 1. HATTON AND ANOTHER.

Mr. Luse,l47aT:siiMr. V. Luabiegbe-wen conned for
the plaintiff, and Mr. Mellish for the defendant.
The plaintiff was a shipowner, of Lime-street, London,
and the defendants inerchsals, aiming ma Modem at
LirerpooL In 1862 the plaintiff had a brig called the John
Brooks, of 180 tons burden, which be sent to the river
Boozy, on the west oust of Ahica, with a of rods
designed to a pesos aimed Ward. At thmouth of the
river the ship got On thebruksreand slipped her anchor. The
captain west ,shore, leaving the mate wi board, for the pur-
pose of leaking sasistaece to get her off. He communicated
with Wsrd, who promised to provide him w ith some native
mikes ; but instead of doing en he went off himself accom-
panied by several mu. took posseenoo of the ship, which
he declared had been abandoned by the master and crew, and
claimed her ar salvor, an act which Mr. Lush, in his open-
ing statement, declared to he almost piratical. Ward sold
the vessel by auction for 27E4 the purchaser being Captain
Peter Thompson, the agent of the defeedents, at Bonny, in
whose possession it still continued. The ship cod the
plaintiff about 8001., and he claimed not only that
sum, but also the ken he had sustained
by her improper detention by this ..defendants. It was,
however, speed that in the event of the verdict being for
the plaintiff, the exact amount of dumps should be ascer-
tained by another tribunal.
A correspondence between the defendants and Thompson
was put in to show that they had adopted his purchase of
the brig. In some subsequent letters the defendants dis-
claimed any interest in the vessel, and intimated that Cap-
tain Thompson wee willing to gin her up on being repaid
the money he had given for her.
The principal ground of defence wits that the defendants
did not authorise Captain Thompson to buy the ruse!, and
that they had never acknowledged his purchase of her in
their behalf.

111tanately the jury found a verdict for the plaintiff, but
leave was given to move thecourt above on certain points
of law.

COURT OF PROBATE AND DIVORCE.
Doc. 10.
(Before the Jodie Ordinary.)
XING V. KING AND DINT.—DPECIAL JURY.

After our report left yesterday,
Elizabeth Malcolm (who was sworn is the manner cos-
totnary amongst Scotch oweesaten) was nurse to the re-
spondent, sad stated that in Nov., 1868, she went with her
master and mistress to Bath. Mr. Dent met them at the
railway station. Mr. and Mn. King stayed at Mrs. Gingers.
Mr. Dent Game constantly to see the respondent, and she was
always out with him. He left Bath a few days before Mr. and
Mrs. King. When the family returned to London, Mr.
Dent again met them at the station. Mr. King had busi-
ngss to attend to, and went into the City every day. He
returned about six o'clock. Mr. Dent came tomes her, and
she herself was always out. Told her at last that it was not
proper to be out so mush. She made no particular an-
swer. While they were lodging in Sloane-street Mr. Dent
need to be at the house all day; but he gene-
rally left before Mr. a
King returned. Had known
him go away just before Mr. came home, and return
to dinner. One day witness occasion to go into the
beck drawing-room. Her hand being full, she pushed the
door open with her foot. The door would not open because
there was a chair against it. Heard some on. hurriedly sit
down. Pushed the door quite open enough to get past, and
found Mrs. King sitting on the chair, and Mr. Duet elud-
ing ekes to her. Had known her come up-stairs and com-
pletely change her under-clothing. Mr. Dent did not allow
himself when any one called at the house. Then was a
email room into which he would go ,- and Mrs. King had
given • general order that no one should be allowed to come
into the house while Mr. Dent was there. Mr. King after
wards removed to Hsu-place, and Mr. Dent visited daily
in the same way. Left the service in April, 1869. Had
heard the doors locked, and sometime afterwards unlocked
again, while Mr. Dent was with Mrs. King. Was fre-
quently with her in 1861, but never saw Mr. Dent at her
lodgings at that Woo She once complained to sitesss of
her size. Told her that if Mr. King had been in England,
she should have said that she woe is the family-way. She
merely laughed. In the following December witness called
at her lodgings, and beard Mr. Dent's voice. Mrs. King
'posed the folding doors and threw a roll of paper into the
bed-room where witness was sitting with the servant Smith.
Mrs. King then bolted the folding-doors ; there was a
silence for some time, and thee the respondent' began to
convene again.
By Dr. Spinks—There was • general order not to admit
anyone while Mr. Dent was in the house ; and Mrs. King
generally told witness every day not to forget it. The
occasion when somebody came, and the co-respondent
popped into the water-closet, was before the order not to
admit anybody had been given.
By Mr. Coleridge—The day station pushed the door open
we the fuel time that Mrs. King had come upstairs alone.
Mr. King had previously canied her up ; but that day she
walked up three time in the space of an hour. She said
nothing, but she looked very " condemned."
Jane Smith, soother servant of the parties, gave evidence
of a similar character. She had once heard Mr. Dent my to
the respondent, " Good morniog, my dock," and kiss her.
Before Mr. King left England for Shanghai) Mrs. King had
gone to Weymouth for the benefit of her health. Mr. Dent
came to the hotel where she was stopping, and called him-
self Captain Denman. They went out together the next
day to take lodgings for the respoodent. One night she
sent witness to bed before Mr. Dent bad gonea way. The next
morning she came to witness, and told her that she had
Wise nervous at sleeping the previous night on the ground-
floor alone that Mr. Dent had stayed with her ; she desired
witness, therefore, Joist up and make haste out, in order
that she might tell the servants she had unfastened the
doors. She also bade her to leave them unfastened, that the
co-respondent might go away.

Mr. Guerin, a gentleman living in Sussex, deposed that he
had made the acquaintance of the parties at Memo. In
1862 Mrs. King was staying at his house. One day a gentle-
man visitor who was looking over her book of photographs
recognised the portrait of Mr. Dent. She asked him what
he knew of him ? He replied that Mr. Dent was living in
the same square, Wellington-square, Chelsea. He also told
her that he was marned, or that, at any rate, there
was a person who pared es Mn. Dent. Mrs.
King was very much excited by the intelligeeee, and
begged the gentleman to take her up to London that night.
She accordingly went up to town. When witness saw her
again she told him that Dent had deserted her, and bad
given her up. She asked witness to communicate with her
f needs, and tell them to make inquiries about her at
various places she named. Her idea was that if her hus-
band divorced her she might be married to Dent. or at all
events the thing would be brought to a crisis. At fine re-
fused, but ultimately consented. Was afterwards sent for
to her lodgings and found her very ill. She said she had
taken poison, and there was a strong smell of chloroform in
the room. Fetched a doctor. Af terwarde saw the co-respondent.
Told him that he was a blackguard to seduce another man's
wife, especially as she had been left in his charge since she
was a child. He admitted that he was a great blackguard,
"a blackguard," he said. (Laughter.) I asked him
if he intended to do anything for her, and whether he
would not marry her. The co-respondent replied he would
certainly do something for her, but as for marrying her, he
" would ea soon be in hell at once." (Laughter.) He went,
at witness's request, to see her, and he took her some
flowers.

The following letter, written by the respondent to the
petiteower at Shangbas, wee also put in :

- -
2, Leagbain -place, Portland-place,
May 25, 1862, Sunday.
" Charlie,—Dare I ask your forgiveness, having so
craelly wronged you by giving to another all that gentle love
sod devotedness which should and could have bees your own
foe ever. I did not wrong you willingly, or without bitter
tears and deep remorse long fat. But I will spare him even
though be has ruined and forsaken me, sad forgive him as
I hope to be forgiven. You will hear much both true and
untrue of • nas ; and is the first blow of your grief you will
forget mine ; but when you thick more patiently and calmly
over your own deep sorrow, then think of mine and pity
ma Thick of me—young and almost friendless—bowed
down with a double sorrow, with remorse and shame,
and broken hearted, to go through life henceforth
unloving, unloved, and shunned by all mankind. Oh, Ood,
my sin is great, but surely my punishment is greater.
. . . For you, dearest Charlie, I feel the tenderest pity
and the deepest sorrow. To wash away my sic and rester*
you to hammier. I would devote —oh bow gladly—my whole
life ; but love at present I have none left to offer. All
seems torn from my heart with his cruel cruelty ; and I
will net deceive you by laying I have a heart left to love.
No, al Iselin has left it. Borr3w or joy can enter it no
more. Pitiable indeed is both your and my fate ; but you
area man, Lod the world will smile on you just the same.
lam a woman, shunned and forsaken by all, and perhaps
may Cr, long be as destitute as lam now desolate. Oh, my
poor father, could you but look down on your only
child and see her bleeding and broken heart, and her
blighted life you would indeed nay, "it were better she
hadnever been born.' . . . I will only ask you to let
your own kind heart judge me, condemn or forgive as it
dictates ; but by the memory of our dear little boys and all
I have suffered and am now suffering, be guided in We
matter by none others' will or opinion. . . Meanwhile
rest quite sure that Mr. Dent and I shall not meet, and that
I shall behave as becomes a lady and your wife. . . .
Ord great you strength and patience is your heavy affliction,
and put into your heart his will and pleasure concerning
your truly penitent and most miserable wife, FAIRIT EMMA
HMO."

In another letter, dated the 10th of June, she 'motet
" I hardly koow bow to beer my sorrow is my solitude, wed,
fearful of iodulgeng it indoors, am foroed to spend *early
the whole of my time out. or as much of it as
my etieftth will admit. Above all, the loos and
dreary Wirm are maul sobeemble. 1 bass tried whet such

places es the Colosseum and Carman Reed's will do to kill
time end killing recollections ; so I take Smith, tad thus
try to par time which otherwise would, I fear, drive me
mad. . . . The house is still unlit. By-the-bye, this
reminds me that I most explain to you the particulars about
this house. When I was taking it the agent mid, "Do you
how a minted lady moot take a bows ?" So I had no
alternative but to ask William Dent to be kind enough to
put his name into the lease. . . . With kisses for
baby and my own ISM love, believe me, my husband, your
affectionate and heart-broken wife, Roams.*

At the does of the petitioner'. cam,
Sir J. Wilde asked Sir. Coleridge if he had any hope of
anew wW it?
Mr.Weridgemust confess that, after the evidence which
had been given, be had not.
Sir J. Wilds—The., gentlemen of the jury, as there is no
claim for damages, you will only have to god whether
there has been adultery, and I should think, after what you
have heard,
_you ma have no difficulty about that.
A juror—No, my lord. I only regret that the petitioner
did not ask for
The jury having given a verdict for the pe-
titioner on an the tames,
Sir J. Wilde prononaced a decree nisi, with costa.
HAMILL= V. EAVILLND. _ _ _

The Queen's Advoo•te, br:Wanibey, -aid Yr. Woolist,
for the petitioner ; Mr. &desist Shoe, Mr. fierjaant Balm-
tine, and Dr. Spiel's for the regioadent.
In this owe, which was owl of judicial separation, •
private arrangement was come to, and
The petition was dismissed by consent.

COURT OF BANIERUPTOY.—Dic. 10.
(Before Mr. Corarniasioaer Fiure.)
IR RE GIORGI FREDERICK CHURCH._

The bankrupt wan • aho►manufactorer, of Giitspur•
street, in • large way of business. This was the adjourned
siftin& for discharge. The accounts, prepared by Mews.
Hart *other. and Ha lee, show liabilities of 27,1841.; assets
estimated at 3,5001., of which upwards of 2.000/. bare been
realised. The deficiency of 23,5241. is explained to the
extent of 14,8001. by liabilities on bill ; Wises, 4,9761. ;
and expenses, 4,9301.
Yr. Dowse, for the magus% did not oppose. The cue
bad been pending some tiny and the bankrupt had woad
his examiastlos in October last. A favourable feature in
the case was that there were assets of nearly 2,0004 in cash.
Mr. R. Reed and Mr. Brougb supported the bankrupt ;
Mr. H. Linklater opposed for three creditors, Mess.
°Gabler aad Co., Mr. Matthews, sod Messrs. 13.11 and Co.
The CominialiourWhatis the amount of his liabilities?

;bat halt of that amount will never
!teed-27,0001.c0me against the estate.
Mr. Gardiner, the official assi's clerk, stated that
there was now leg than 1,0001. in hand. The proofs against
the estate were 18,0001. or 20,0001. , and the dividend
would not mowed 10d. in the pound.
Mr. Lisklatar said that the complaint of the creditors was
that the bankrupt bed traded on fictitious capital, had coo-
traded debts without probable mesas of payment, and had
kept imperfect books. The bankrupt, in conjunction with
a person named Moors, bad put in circulation accommoda-
tion bile to the extent of 5,0001. Within three months of
his bankruptcy he had made purchases to the extent of
2,2611. Besinaing in Jaenag, 1861, with a surplus of 1361.,
he ended, in December, 1862, with a deficiency of 23,5001.
Mr. Gardiner said that the gross profits on the two years'
trading were 3,0004 only, while the expenses were 100001.
Mr. Linklater maid that on an investigation of the bank-
rupt's aid" it appeared that bills to the amount of 2,0001.
were omitted from his books.
_ _ .

The Bankrupt examined, said he began to do Imminent
with Mr. Moore, • leather merchant and shoe manufacturer,
in 1861. He sold him leather, and purchased shoes of
him. Their transactioes had bees quite 8,0001. or
9,0001. He had given Moore his acceptances
to meet other bills which were overdue. Those
bills represented value • there wen others to the extent of
4,0001. or 5,0001. which did not. In October, November,
end December, 1862, he had bought to the amount of
3,3621. Had made permeate to a much larger amount than
that. Some of the bin were sot entered is his broke, be-
muse he never expected to pay them. One of his hooks
had been lost, a small rough cash-book. Be bad been in
business four and a half years. Had taken stock in January,
1862, but had not given up that document to the assignees.
It showed that he bad about 171. in the pound on debts of
7,0001. but all the bills were not debited then. The ut-
most of his deficiency then would be about 5,0001. The
further deficiency of 18,5001. had been incurred between
January and November, 1862.
By M. Reed—His NUS in two yews bed been upwards of
52,0001., it might be 60,0001. or 70,0001. Ilia payments in
the mime time had been 50,0001. to 55,0001. The failure of
Moore, with whom he had dealt largely, had led to his
difficulties. Be then placid himself is the hands of hie
principal creditors and made an assignment ; but Mr.
Bell made his bankrupt. His estate bad yielded 1,8001.,
end then might be 1,0001. more from the consignments ;
everything depended on the market..
Mr. Reed contended that there wee no evidence of the
bankrupt being unable to pay the particular debts of the
opposing creditor, for he had already paid them the amount
of those debts several times over in former treosactioos.

His Honour said he should not grant the order until two
years from the date of the adjudication.
Mr. Reed gave notice of his intention to appeal.
IN RE WALTON AND WALTON.-DIVIDEND.

The bankrupts were ship and insurance brokers, of Grace-
church-street. The failure occurred in 1858, the joiut liabili-
ties being upwards of 50,0001. There have been two previous
dividends, amounting only to 61d. in the pound. A sum of
2,0110/. is now in the hands of Mr. Canaan, the official
assignee, the case being under the old act ; and it is expected
that this will yield a further dividend of about Is. in the
pound.
(Before Mr. Commissioner Coulburn.)
PROCRZEMNOB *GAUNT A MEMBER OF PAELIAMEST.

Mr. Chidley appeared on behalf of a mernb3r of parlia-
ment, against whom a judgment debtor summons had been
issued. The matter came before the court a month ago,
when it was adjourned in order that application might be
made to a judge of one of the superior courts, to set aside
the ca. se. It now appeared that this had been done, on
the ground of privilege.
Mr. De Gex appeared for the creditor, and stated that
the parties were engaged in a discussion which might pre-
vent the necessity of his Honour hearing the case. It was
stated that the debt was 6501.
It was afterwards announced that the summons was aban-
dotted. and no order was made.