The Express.
London, England, 1862-02-12 00:00:00

COURT OF EXCHINITER.:-Fsz._lL.

Bitting. at NW Priam n at WieshalU
Gammon Juries.)ter.7(Before Mr. Baron
Marti sad
8P1[23 C. EAllisTe—ltALSlt IMP111801111:121T.
This was an maim to remover compensation for false im-
prisonment, =Mons prosecution, and wrongful discalwaL
The defendant pleaded not guilty old • justinaatioa.
Mr. Tindal Atkinson and Mr. Notley were cotter' for
the plaintiff ; Mr. Onfilta represented the defendant.
The plaintiff, on being called, deposed that he bad bees
for 14 years • commercial traveller, and in this capacity he
bad in October last engaged himself to the defendant, a
drysalter, carrying on business in Swan-street, Doveruad,
at • salary of 1501., with H. • day for travelling expenses.
lie immediately started for Gravesend, Screed, and
Chatham, where he remained taking ordeal and
collecting money. When he bad been there • few
days be received • telegram from the defendant directing
him to come to town. He did so, and having
called on the defendant the latter amused him ofd ving
been drunk on his jouruys, which be denied. the
Monday following they cam toe settlement of accounts, the
plaintiff having at that time a hokum to the defendant's
credit of 21. 7a Bd. He deemided three maths' salary in
lieu of notice,wbich Usedeleaderederilined to pay, on which
the plaintiff refused to hand him over the balance. The
defendant then sent for • policeman and gave him into cus-
tody on the charge of entbeasiessent, and he was taken to
Southwark polios station, and having bee remanded by the
magistrate was sent to rhea. He was again brought up
and remanded on his own recogeinances, and on again at-
tending the defendant's attorney said he had no evidence to
offer, and he was di
Sergeant Sergeant Bay man had taken the charge at the
police station, deposed that when the plaintiff was brought
in he had begs crying, fed tried to go 'Lou on his knees to
ask the defendeat's clerk Pot to press the charge. The
plaintiff appeared to be suffering from • severe debauch.
The ddiedent, on being allied, deposed that he had ta-
ped the plaintiff at UM a year, with It. a day for ex.
nes', on • month's trial. While the plaintiff was on his
Jurney witness received • letter. from Mr. Fuller, a baker
at Gravesend, complaining of the plaintiff for Laving been
frequently drunk during -busWess boors. In consequence
he sent a telegram dinetteg the plaintiff to return. The
plaintiff called at his boom in • cab on the Sunday, and was
then very much intoxicated. Witness asked -him what
brought him there, and the plaintiff replied, "Studying your
interests, governor"—(laughter)—when witness replied, his
interests should not be studied there but on the jour-
ney. The plaintiff appeared to be suffering from delirium
tremens, and witness asked him to leave what money
he bad with him, as he might lose it, and call on him
at his countinghouse an the following morning. Witness
then refused to pay him 51. for five days' expenses, as the
journey should have oily occupied two days. The plain.
tiff was then drunk, and refused to pay over the
balance of 21. 7s. 6d., which he admitted was due, nor
would he leave the place.
Mr. Hunter, formerly a traveller in the defendant's
employ, corroborated his account of the interview with the
plaintiff on the Monday.
Mrs. Elizabeth Fuller, wife of a baker at Gravesend, de-
posed that the plaintiff called on her between 5 and 6 on
the Bth of October about an account, and he was then very
tipsy. Witness told him he was not in • fit state to receive
the money, and to call the next morning. He said that
was all right, but he did not call stein. She communicated
the matter to be husband, who wrote to the defendant.
Mr. Bates, savvier at Gravesend, deposed—The plaintiff
called on me on the Bth of October. and I spoke to him
about • box of biscuit" I had ordered, and which had not
arrived. He said, "If you had been in the comidence of
the firm you would have received them long ago."
(Laughter.)) I said, " There is the door, and if you don't
go out I'll kink you out," sad he then rolled outs well
he could. (Laughter.) He was drunk, and be was drunk
the neat day.
Mr. Edward, a (roof". at Gravesend, examined—The
plaintiff called at me on Wednesday. He was very queer
from drink, and acted in the most insulting manner. I
said be was not fit to receive an account, and I got round
the other side of the counter, for I was rather timid of the
man. He squared up at ma, and threw his arms about like
this. (Here the witness, amidst much laughter, imitated
the plaintiffs manner.). I asked him who had sent him
out, and he said, " The clerks—they would not keep me at
home any longer." (laughter.) He had • little boy with
him carrying his perm'', and he mid, " This is my nephew
—I have adopted him. (Laughter.) I paid my account
to get rid of him.
Mr. Spain, a grocer, of the same place, said that about
7 o'clock in the evening his attention was directed to •
crowd of boys outside his shop hooting the plaintiff, who
weak! not pay the man who was carrying his panels, the
plaintiff ws very druk, acid wanes sent for • pabulum
blending to give him into =Andy, but Or *YOE wad
away.
This closed the plaintiff's sue. and the leausif eminent
addressed the jury for their respective client'. Om

the conclusion of Mr. Tindal Atkinson's reply for the plain-
tiff there was much applause from 1101120 persons in the back
rows.
Mr. Bum Martin—What is the meaning of that If
any person is brought lief ore me for applauding I will com-
mit him for a year, and that will teach him how to conduct
himself in a court of justice. There is nothing to applaud
in this case—on the contrary, it is a very melancholy one.
His Lordship then summed up, MUM; the jury that
unless they thought the plaintiff really intended to em-
hassle the defendant's money, they must find for the
plaintiff on that count. The question of reasonable and
probable cause was a question fur the judge, and be would
direct them that if they were satisfied the plaintiff slid in-
tend to embezzle, there was reasonable and probable cause.
With respect to the wrongful dismissal, they would deter-
mine whether it had not been justified by the plaintiff's
conduct.
The jury having deliberated in the box, found a verdict
for the defendant on both issues.
This being the last day of the sitting of this court for
Westminster, Mr. Baron Martin in discharging the jury
thanked them for their attendance, observing that he had
never known their duty to have been better discharged.

COURT OF PROBATE AND DIVORCE.
Fax. 11.
(Before the Judge Ordinary.)
RICHARDS V. RICHARDS AND JONI&

In this case a jury had found all the pities guilty of
sdultary, and had given the petitioner • farthing damages.
Mr. t Atkinson now moved the court for judg-
moot.
ffw C. Cromwell said that be should dismiss the petition
except as regarded the damages, which the petitioner might
recover by the ordinary process of law.
Mr. fiewisant Atkinson moved that the petitioner's' costs
might be paid by the oc-respoodent, it baring been proved
at the that his conduct to the petitioner had always
been kind, and it being probable that her guilt, which had
preceded his, bad conduced to it.
Sir O. Cromwell thought it would be very Indiscreet to
allow the costa of a politicos' who had no business to come
before the court.

DAVIS V. DAVIS.
Yr. Pritchard, on behalf of the petitioner (the wife), ob-
tained an order of attachment against the respondent for
disobedience of an order to take her home and render to her
eleinflal right+.

INSOLVENT DEBTORS COURT.—FzB. 11.
(Before Mr. Commisioner Nichols.)
JAM HAWKLYS.
This h.solvent, who had been nearly three years in prison,
applied for adjudication. Mr. Dowse and Mr. Macrae op.
posed for two stockbrokers named Boilleux and Pries. The
insolvent was his own advocate.
The insolvent owed the opposing creditors nearly 2,000/.,
on the purchase of railway and other share& or as he termed
them " time bargains." He disputod the debts so owing,
and it was alleged that he had concealed property more
than sufficient to pay them. He bad been arrested on a
judge's order, and since he bad been in prison he declared
that be had paid upwards of 300 W. to an agent for his
brother, rending at Texas. This amount of the disposition
of the money was treated by the creditors as a fiction, and
in July, 18111`, the insolvent was sent back to prison to prove
the sale of certain Lombardo-Venetian shares and the al-
leged payment of the money to his brother. He had lately
applied to come up for judgment, and stated in an affidavit
that in consequence of the civil war in America his letter
to his brother at Texas had not 1:41111 simmered, and that the
agent to whom he handed the mosey for hie brother bad
gone to America.
The Nee was again adjourned till the 18th hut.