The Express.
London, England, 1864-02-09 00:00:00

LAW INTELLIGENCE.

(THIS DAY.)

COURT OF PROBATE AND DIVORCE.
(Before the Judge Oldbury.)
ioirflus r. VIOLT/1111X AND A OBTIN.—.70D011:111S.
OW cue the will of one Austin wee propounded by
etn'i
wie, The cue was tied at the Liverpool winter
bdore Mr. J mice Williams, and it had resulted in
-,rertil lict of upsetting the instrument. A new trial bad
,„u pen been moved for. Mr. Justice Williams was of
...;,,one that then as a strong ease oe both sides, and that
did not know whether he should not himself have found
the same• r as the jury if the matter had been left to
The would therefore be no new trial, bat the court
11;11.1110Wre
the cod.' on both sides out of the estate.
SCOTT V. SCOTT.—JUDGIDENT.
To was a suit for the restitution of conjugal rights, filed
IT
•,P tau, ;icon, Mrs. Scott having replied by alleging
ruler.A jury had fund for the petitioaer, and a rule for
• trial lend been moved for beforethe full court.
Wilde said the other members of the ooart WWI Of
erinion that the case ought to be further argued, and • rule
f the new trial would therefore be granted.
w!,,,„:011 is INSCOII AND PLOWDEN.—JCIDGILINT.
Ttp cam was tried last week before the court without a
It was a petition for dimeolatice promotedleryto Captain
ji. ~,corn of the Eogineers, for adultery al hem
jno committed by his wife with Lieutenant Lowden, at
o^....cottah. in India. The wife wee stated to have ocien-
rtk.d adultery many years ago with a Major Clarke, but
kad been forgiven by her husband.
• Wilde. in giving judgment, observed that when
f.irtain iVinecom has receive a communication re-
his wife's conduct be did what might have
Jaen espected from an honourable rasa. He separated
Lsielf from the respondent, he investigated the facts as fax
a, could. and talked the matter over with his friend,
Colonel Middleton. Both gentlemen came to the eosin-
s:.ll that though there had been such misciondoet,
Gen had been no actual adultery. The petitioner
then made the respondent primes not to speak to
I.:entenant Plowden again, and he renewed his oohs-
bution with her. Had he taken a differeut course, he (Six
• Wilds) was of opinion that it would hardly have been
~,e.aiary to fled positive adultery with Lieutenant
p;owden ; for he thought that the respondent's proved ads-
Nujihit would have toured to revive the previously mo-
aned adultery. However, Captain Winsoom mat his wife
to Europe, accompanying her as far as Point do Celle, in
coke, and parted with her on the most affectionate WM&
Tae respondent stayed for some months at Aden •
;xi a long correspondence ensued, which the
~ot had studied with great care. On the one
vle the husband's language might be than epitomised
~iff love you and will pardon you in your true religious
reientance. Go to my sister in England, who will help
re: to repot. You have never loved me as you ought, and
rave never been sufficiently grateful for my past leaky."
113 laeguage was that of stern reproach, and be wished to
• his wife humbled in dust and ashes. The language of
the wife wen—" I wont pretend to religious feeling, of
vlah lam toot sensible. Still lam most truly sorry
lot the put. lam a sinful, wicked women ; pray take me
bids Hoeg
.for your society, but still you mutt take me
tat as I am. Thisorith a great deal of religious discussioa
en both sides,was the substance of this most distressing oar.
rerpoodence. It came to a cruel awl., The husband had
~r.;1;le ennui a letter in which he eocaidered that he
boil her to come back, but the wife was waiting for the
i:esation in plainer language ; and the next letter
zfortted her that he had procured the opinion
• one of the beet divorce lawyers is England
re effect that her conduct with Plowden would be sue.
to revive her adultery with Clarke. He (Sir J. Wilde)
that that opinion had ever been asked for Greven.
. .as the snit had been brought, it wan his duty to see
7.-taer the evidence was aufficiset to prove the adultery
v : Lieut. Plowdeo. After the most omelet attention he
'teen able to give the matter, he was satisfied that
origirul decision of the petitioner and Colonel
t! 1:e ton was correct. Yet there had been much levity
• ;Teat misconduct, but no antral adultery; and that
Lis opinion, toe snit must be dismimed. It was im-
fo..W.e (continued the learned judge with peat emotion)
fo feel the deepest interest in the f utureof the respondent.
,;:e case had been very carefully sifted, end the petitioner
ry:d sot quarrel with a decision which was 'dottiest with
Li own. He might therefore safely take his wife back again.
No ens could read her pitiful appeals without feeling that
Sp fume conduct would not he like her conduct in the
mt. and that she would not disgrace that generosity and
1 nyerattee which had done him so much bosom% If thin
C.uld ever be so he would haply out mum a failure
et.:ch had prevented him from putting an end to the most
s :ems act of his life.

" Feria° et box olim meinininis javabit."
.1‘ :o the co-respondent, tins court would r► nothing, ea-
u:: th►t he must psy his own costs.
T. Tristram desired to say that the legal opinion reemd
hid been takes, not by Oaptain Winscom, but by his
Prution dismissed.

COURT OF BANKRUPTCY.
(Before Mr. Registrar Murray.)

IN BE LEVI! AID 110611011.-LAIKIE nuaraz I 1 711 Z

The beakrupts, George Levey and Charles Robson, wre
/scribed as printers and shippers, of 23, Great New-
Met. Fetter•lane. This was the firet sitting. The statement
cf debts and liabilities, prepered by Mears. Jokester,
Lure, and Winkle, is very heavy, sod shows a total of
besides • few hundreds due from the separate
Mae of each partner. The bankrupt* thus describe the
nue of their failure :—" Private speculations entered into
by Ir. Franklyn, our late partner in Australia,
vith the partnership assets, which speculation
resulted in very heavy lour The following are the largest
creditor :—Messrs. Barn and Lambert, Poetman-etrest,
Forman-square, 4,6271. ; Erman and Co., ChiswelLstrest,
J. W.Cripps, Snow-hill, 1,0671.; Lepard and Smiths,
KIN-street, Cover-garden, 1,2941. ; Babas and Co., Clif-
ford's Ina, 1,6621.; arid* and Badge, Drury.1a5e,13,5271.;
Williams, Deacon, and Co.,,Bircleleplane, 933!. ' Wrigley
and son, Bildgarow, 1,1661. The meets if well redated, will
pure coesiderable, probably sufficient far • &ridged of 'Ulu
:he pound. The plant, he., in Fetter-Lae is estimated
it 3.500). ; good debts, 2,0001. ; printing 'Retrials, tr., is
Re:bourne, 20,0001. The estate hoe been under inspection
kr several meths, bat some of the directing creditors
baring sued the bankrupts the matter was necessarily
brought into this esert. It is now stated that after the
chance of assignees, the matter will be again takes out of
can under the pro. Woos of the 110th section.
(Before Mr. Registrar Brougham.)
NOLLOWAY.—H•IT aND HAW!.

The bankrupts wee* coal merchants, of Kio;'a Lyisa, and
Coulee. This was the firet *Min. The 6000.111111, prepared
by Messrs. Harding and Co., show unissoured debts of 13,3001.,
irdb mete estimated at 7,0001. Tow adjudication was on.
a creditor's petition. The tiaakrupta attribute their failure
to toe abscoodiag of the jnaior partner with a cossiderahle
suitiot of property. Mr. lAsisoc, snereliant, Old Brood-
twat, sad Mr. tiodpoo, wpngr, COOdUh44eDis war.
awn soigne*.

THE POLICE COURTS.
(THIS DAY.)

M A RLBOROUGH-STREET.
egpl, BIIEAKING wee LTA.
Xeres, a tin-plato worker ia the employ of Mr.
bath manufacturer, of Ws/dour-street, Soho, was
charged before Mr. Tyrwhitt with viokistly assaulting sad
breaking the leg of as elderly man ia the same employ
named John
John Dennis. a young man, said that on the miens
afternoon. about halt-peat 2, the prisoner the
were having loom words in front Or OW at r•I
Ship poldic.house, Wardourotrest. The prisoner drank
llalliiLy, and then a tight ensiled. He (witness) parted tbsca
and directly after the prisoner seised Halliday lad threw
and them threw himself ow the top oi Halliday. Oa
mustance going to Halliday it was found that his head
wee badly cut by coning in contact with a cask, and that
ace of Lis legs wa. broken. Subsequently be( witases) gave
tLe rruooer in cla age, sad Halliday was conveyed to the
3liateet Hospital, where he still remains.
The prisoner asked the witness whether Balliday did not
strike him first.

DentiissaTdthe prisoner struck the fret blow.
A certificate from the Mu'direr Hospital, signed by Mr.
Pyle. the house surdeon, was headed to Mr. Tyrwhitt,
de•erbitig the injuries Halliday hos received, and Mating
that be would be unable to attend for some time.
• Mr. Tyrwhitt said he should remand the primmer for a
week, tad he had no doubt he should have to do so from
week to week.
The prim«? asked that ban might be taken.
Tyrwhitt said he should certainly sot take ball, and
the prisoner was remanded.