The Express.
London, England, 1863-04-24 00:00:00

Or THE lOUELLb IIdAEU&

Mr. Guth acid that tLe dellodaht io this caw was s
Iseeat under a lease executed by old Mr. /loupe% whikt
the plaiotiff claimed the property under a deed signed by
William Roupell, and the action was to recover
rect. Mr. Richard Roupell, the heir-at-law of his
father, had given notice to the defendant not to
pay rent to the plaintiff, and upon bis refusing to
do so the plaintiff sought to enforce has claim legally.
The writ was issued, declaration was delivered, and the
defeedust, who always held out that be was going to trial
at the Lit Essex assize., obtained on several occasions
further time to plead. The defendant was put under tetras
of receiving short notice of tn.il, and miller the eircum-
dames the plaintiff prepared for trial. It happened, how-
ever, that the defendant never pleaded. acd therefore the
plaintiff signed judgment by default, proceeded to tax
his costs. The Master, however, refumed to allow the erste
of preparing for trial, rod the present application was foe a
rule to show cause why he abould not review his taxation
in this respect.
The Master said that be had acted upon the established
rule, not to allow the costa iu reference to the instruchoos
for brief, unless Untie had been joined and notice of trial
given.
The Court, after some discuaehis, said the learned counsel
might take a rule if be thought lit.
Role granted.

COURT OF PROBATE AND DIVORCE.
(Before the Judie Ordioary.)
HAM= V. BILWIAICI.

Dr. Spinks and Mr. Fraoui. fur the plaintiff ; Hr. Haw.
king, Q.C., and Mr. Pritchard for the respondent.
This was • snit for the revocation of a probate. The
testator, John Hamer, was formerly the landlord of • pub-
limholue in Edgwarmrond. He wan a married man, but
was on bad terms with his wife. In coassignees* of
health be sold his business and retired. In Anglin,
1862, be made the will iu questinu, which he bequeathed
the whole of his property, veined at 4001, to hie friend John
Braddick, an inspector of the Lif 'on of police. The
document was deposited is the regu.try, and on the death of
the deceased in November last, the defendant took out
probate without ever seeing the document. He was
not in London at the time it was made, sod was ignorant
of it. contents till after he had proved it is common Cum.
He had offered the widow the sum of 1001. and the
furniture ; but she demanded revocation of the probate on
the grounds of undue execution, want of capacity, and
undue influence.
. . .

-- • •
[The cue was proceeding when we went to prem.]

COURT OF BANKRUPTCY.
(Before Mr. Comilligsiouer Ifolroyd.)
IN NZ AL/UltD GURNEY.

The bankrupt waadrecribedas Islingtoo,
wine-merchant, and this ware meeting for Mat examination
snd discharge.
The statement°f affairs preparedby Moen. Hart Brothers
sad Hayles shows :—Dr.: To creditors unsecured, 17,1891.
10a. 9d. ; to ditto holding security, 19,2871. 19s. 111 ; to
ditto to be paid in fall, lfr.il. Creditor : By good debts,
9511. Ha 191 ; property given up, 1,2751. ; ditto in the
heads of creditors, 19,9161. ; deficieocy, 11,4891.
Mr. Ernest Reed appeared for the Amiga:es to oppose
several proofs tendered on behalf at the bankrupt's family,
especially one by Mr. Arthur Gurney for the sum of 4,0911.
He said that the tralillaCtiOCUl were mired up with accom
toodatiori bills to • large amount, and the ensign's' had no
materials to test the accuracy of the claim. The claims by
the family and secured orediton were of a large amount, and
the assignees were serious for a full examieation and in-
vestigation, in the hope of obtaining a dividend for the
geoeral body of creditor. ; he therefore suggested that only
a claim should be mitered.
Mr. 8.. Griffiths said that the assignees had had ample
MMUS for inquiry, and Mr. Arthur Gurney was present,
ready to be examined.
Mr. Gurney. was accordingly called, and said that the
bankrupt was indebted to bon, and he bad for some yeas
been in the habit of accepting bills for the bankrupt and
taking a large part of the amount for which they were
&mounted. Those monies were on account of monies lent
His books were in court ; the accounts had been settled
between them from time to time, and the amount now
Claimed was the balance due to him.
His Honour said he did not think there was any saes
made against the proof.
Mr. Reed said if the court was satisfied the assignee
Gould not resist ; they were only anxious to do their duty.
Several other proofs were taken, and Mr. Linklater applied
that the bankrupt should be allowed to peas his szaroinatioe.
Mr. Reed objeeted. and said that the bankrupt had wholly
omitted several matter. as to property to which he would
biome entitled, and it was therefore desirable that an ad.
journment should take place.
Mr. Linklater said that although the matters had beta
accidentally omitted, yet the assignees had been acquainted
with the facts for some time past.
An adjournment for a fortnight was ultimately granted.

THE POLICE COURTS.
(THIS DAY.)

GUILDHALL.
ROBBSBY IT a OLBCIIT.
Willi•st Tyler, s porter, wee charged before !Manna&
Healey with stealing • cheque for Do/. 10s., and Bank of
England notes to the value of &11., the Property of Messrs.
Hermann, Rosenberg, and Beyer, of 20, Fore-Preet, his
em en.
Bull, •detective officer of the City, said, from information
he had received, he went to Mooft's coffee house,
Dear Kingeland-gate, where he found the prisoner.
He was lyiug on a bed on the second floor,
dressed, and in • state of intoxication. On being
told the charge upon which he was apprehended
he said he was an old soldier, and would have
• fight for his liberty, but, finding 801 l had another detective
officer named Peaks with him, he offered no further re.
eistance, but admitted that he had taken the money, that
drink had been the cause of it, and that drunkenness had
beau his ruin through life. He found in the prisoner's
poweisroo 73/.
Mr. Usury Rosenberg said the prisoner had been in his
employ for about eight or uiae yeas, and on Monday ha
sent the prisoner with bank-notes and a cheque to the
amount of 961. 101. to pay into the London sad Middlesex
Bank, but finding be did not return be went to the Bank of
England to stop payment of the Doter, and then ascertained
that the prisoner had gauss direct to the Burk and chasered
the notes, and had (urged the name of the firm to every
Dote to obtain payment.
The prisoner said he had posted the cheque to Mears.
Herman, Rosenberg, and Meyer, aid if they had not already
received it they would is a day or two.
The prisoner was committed for trial.

MARLBOROUGH-STREET.
COMITY/AL /OR A LIBEL 021 A WIM-XERCRANT.

Joseph Watson Dowden, ealesmen, of 39, Longeera
charged with publiehing a malicious lod defamatory libel
with latent to injure Mr. John Alloutt, wine-merchant, al
Mark-lase, and residing at It, Charles street, Berkeley-
square, was again brought before Mr. Knox for find
examination.
Mr. Humpheye, jan., appeared for the prosecution, as oe
the former occasiou.
The evidence taken on the former occasion showed that
the prisoner posted a bill, of which the following is a ropy,
on the door of Mr. Alloutt's house in Charlesetreet:—
" John Alluntt, dealer iu British brandy, 14, Charles-street,
Berkeley-square, sad 50, Mark-lane; a heartless, cold-
blooded villain ; a meter scoundrel could not exist ; a per.
feet wretch."
Mr. Humphreys and there was not the slightest founda-
tion whatever for the bbeL The prisoner was formerly •
publican in King-street, Holborn, having a brother at Tun-
bridge Wells, who was a customer of Mr. Alloutt'ii.
brother arid his wife having died the prisoner was put into
the house to carry on the business for the benefit of the
children, but owl to his reckless conduct an execution was
put in and the auditors paid • certain amount in the pound.
and ever mince prisoner had been anaeyiog Mr. Alloutt by
writing letters, etc., to him.
On the prisoner being placed at the bar,
Mr. Humphreys said that since the last occasion when ha
appeared at the court overtures bad been made by a frieud
of the primmer to the prosecutor to withdraw the prose-
cution, but as the matter had been going on for nine mouths,
he (Mr. Humphreys) had felt it his duty to advice Mr. Ml-
nuts to let the case go for trial, when, if the pneorier liked
to plead guilty, and give an undertaking to discontinue all
annoyance, the prosecutor would be satiated.
Wm. °Onion, 32i A, proved seeing prisoner stick the
placard on Mr. Allnutt's private residence in Charles
street, Berkeley-square, and said that he took the pri-
soner into the hall, sod Mr. Alloutt's servant bait
down the bill and handed it to him (Gordon), and i.a
asking prisener why be had been doing it, he said, "The
scoundrel has caused me to do it.' On the way to the status'
prisoner said Mr. Alletitt had behaved ill to him and his
family. The primmer asked him whether he thought he
should be punished ; and on his saving he did not know, he
replied," If lam punished, pistol the villain."
Some other evidence having been given, Mr. Humphrey
slaked that prisoner might be committed for trial.
Mr. Knox committed him foe trial.

DIRSTRUCTION OF ROCKINGHAM HOUSE. —BoYLL,
APRIL 22.—1 regret to inform you that Rockingham-
house, the residence of Lord Lotto's. has been is-ducal to
ashes by fire. The Hoe. Mrs. King bed a narrow escape. Ni.
Roe, her maid, was "enmity burned. The house, it is mid.
was insured for 30,000 f. At 6 o'clock a.m. the alarm o
fire was given, when it was discovered that the top pert of
the western wing of the noble =name was enveloped in
flames. Owing to the strong westerly wind blowing, the
destruction of the immense pile was complete at 9 um. The
labouring men employed on the dominos were the first to
give the alarm, as they observed the flames above the rot
on their way from their homes to commence their dolly
labour. The plate mad • small portion of the furniture onlY
were saved. —Dublin Eressinu Moil.