The Express.
London, England, 1862-01-31 00:00:00

THE EXPRESS,

LAW INTELLIGENCE
(PHIS DAY.)

cOURT OF COMMON PLEAS.
is Kan (Muni Lad qi.f Justics Erip, and
jusibms Willi:my Bytes. awl Lasting.)
JOT= r. TAr9x.,:.—o!wratvraosi Of LIUMT.

71. i. matter mine before lb* court epee a apts.: iel ease,
.Lab atated that the wens wee to remise images for °b-
are toad ottani lights of the plaintiff, usher theme arms-
.t.,new. la 1617, the plaintiff beams pemeneed of So.
iii;„ Woodietreet, City, which ensure a rubble-hoe" three
,1.1",021h. and having one window on era story. Moos
he altered the leech of the OM sod ascot:id
so as to make them correspond with his warehouse
sra d.s.r, which he had recently erected. tie oleo
altered the poution of all the windows, except one which
tooling., in its original position, and be placed
an additeval story upon the house. After this the
.t feridant. in alteneg his premeea. erected a wall, which
A...warted the light to the whole of the plaintiff's windows,
;aid it was found to he iroposoble to obstruct the saw
• 3,1610. P• without ohitructing the old ONON if they had
on mord is their original position. The defeedant's sew
war, Louie was completed in October, and afterwards
correspeedesee waved which led to the plain-
rig giving indite, as the 4th of rehevary, that
las would lettere his windows to their original
position, which he in fact did. Upon thew circumeteeme
s.„ .04,stione were raised ; first, whether the defendant was
Orftiiss the ohstructioe ; and secondly, whether
i.e e.. pistined in continuing it after the notice of the 4th
It rbruary.
The court this morning delivered judgment, and their
lordship+ were unanimous that there was no right of action
in ~.oaniueoce of the defendant having erected the °heti jC-
t, tut uj on the question whether he was justified in
contieniur it after the notice, the judges were equal')
abided, Mr. Justice Keating and Mr. Justice Myles being
.4 „pinion that the defendant was entitled to judgment ;
whilst Mr. Justice Williams and the Lord Chief Jostles
thought that the verdict, which bad been entered for the
*stiff. should stand.
The Lord thief Justice mid that by reason of this
division at opisioc there was no judgment, but to enable
the pules to go to a court of moo, ive of his learned bro-
ther+ would withdraw his judgment, so that nominally the
decision would be in favour of the plaiotiff.

This also was as erten" for the obstructke of aecient
lights. The plaintiff's building wee two stories high with a
range of windows on each story, those ori the ironed floor
being in the mane poatioe in which they hal been for more
than 20 years, whilst thou on the upper door were altered
about lOyearsbefureectiou was brought. The defsedeet built
• shop upon the opposite aide of • ae 10 fest wide,
which did nut obstruct in any material degree tie *hll's
upper windows, but did, is feet, obstruct those epos the
ground door.
Their lordships were of opinion that the plaintiff was Inv
titled to retina the verdict which had been found for him,
arid that the rule to reverse it should be discharged ; but as
they founded this conclusive upon different lime of reason.
is;; they each delivered a eepirate judgment.
Rule discharged.

COURT OF PROBATE A N D DIVORCE.
(Ware Una Judge Ordinary.)
NAM* r. amino ASID MULL, TIE QUM'. PROCTOR

Mr. W. Cooper appeared for the pithiest.. the Attar
say-tiessral said Dr. Sphaics far the guess's Proctor, who '
alleged that the edema, of adultery had sot boss com-
mitted ; or, if winesitlad, that it had bees with the mn-
mace of the potiticear ; sad that the suit had been cella.
Neely gwomicutesl.
took Owe Man* there had
Ma one hem of the name. Tparkas wire beak
at the Wm d the weddiag about 96 yews el age, and the
ealabilethe hated till IM6O. The 00-remaidipat was a
lama= in the amplemmit of the petitioom, who paid him
M. • lee bit services. When Burke had hews shoot
msstb TM the Weimer. imeely, le Nor.. DM% he mat
bin le beep swim shop fir him at Leimeter, sad the
migeediat mid oramieeelfyM abet hue the., Mme hew
the mem we preemie& _The peedease berms bask-
net ISA sod Wllllll ba Limbs ea the sehhat el he
be beard nmeseee Mile Wend him te aped
te he wife about bee meded. the puebuted
Wet she hail set Um may d say indium
We. se. be Imallied bee akament. He wiesrmatly,
beisreer, dimmed hitemie mobil ehiab awed that
she bail bept up earimpeadme whb ids s bet We did
est added my pied d edwieentp. eseteeted lank,
theadate. witb elestiag lama peewits is Mike
hem bar, to the easel tbd abe maid sem see
es mils to the anomagaisdeall vie am* die
Ole *me me maths& qemele eel she eel wed
the edam em-sted te bar. The estaddlettes wea Shea
blase eat r -dame mass ale ghee al as eleherees
asemine b tae
damp eeleete at mime phew Mame
thei bad live - eite.
Per the C. ` • •oney4leaseal pet in mien
Siam Irish a hewed that de whale wetter
bad
iee anemia mike. He thee. WY the
periale of the eau
We.. Iberia, the pia. MI dad be bad writtas
sa the 1014 of Judy la ante with kis edit te
the eorespeedeat at 111 the was them gvl~g
wish maws at Neetiaska- the am*
ids him legs le Deseastair. Ammoniated bee te the Mr
tea, where enema teak the ticket and paid her bra the
maimed on the totems( sight Site did acifigo to
Mee* kaowledge to meet Barbs at Deseasees ekes. Oho
and she was smog to meet bee mother, and thee they
wield me him together. Lam that she had base
intimate with Burke, bet sot that say heilesiet
faallerities had takes plies Mame thew She
had rived a memorsedum is the 7th of June, but witness
bad but thee heard that she bad ea/ mom than writs to
Starke. sad that Burke had base mem at the house whoa
mums was away. Had also heard that they had been
semi together at WiMeniegirevit while edger was engaged
with be busier. Had beard that they hail bees sees is the
same bedroom at the Bog and Pheasant, Leiceuter, oa oee
if the occasion@ when she west to briag home the mosey
whrh Busks bad talus. libe Gaily left Mama ea the
17th of July, 1060. Whim she man bosh bas Diameter
she stated that she bad met Burke. Hew Laid her that he
(lamer) would prefer living span. She mead witness
which he would have her give up. Replied that if, after
bring tea years together, the thread of affection was
woes so this, the sooner she broke it sad pee
up wit:sees the better. At Met she said she meld nut pre
up Burke, but afterwards she said she could sot glee up
witness, sad would remain with him. Did not tell her
that if she left witnem be would amnia a divers, mostly
sod without publicity. Did not remember a divorce being
tneatiouoil at all. After she had left Intone he wrote sad
told her that he could no longer look on her as a wile, but
that u a brother he would advim her the best way he
could. Did not say seething of the kind before she lift.
Did 8,4 remember ever actually addressing her sit sister.
Never desired her or advised her to leave her home, except
is the nos occasion when he told her she
most either give up Burke or edema Had
written in the letter which the reapondeht mot to
Burke cal the 10th of July, "Thu matter must be attended
to first thin," but could not remember what it referred to.
In that letter the respoodent said, " The important mass.tee is hardly Nettled." The only qoestioa that weber
knew of war that she must either give up Burke or int-
one. Did sot know what she meet by " the article is
tat, wait* f e your Claim," unless she meant lama
tin the following Saturday witnesa's aervaat went to
fetch the nenspooilent from 4 lranthana. Heard that
he went to witness's ganlen, but did sot me
him. The rosp widen t lift the next day at
eight o'clock in the morniog. Was not i=ing at
home at night. Saw Ito. he and her on the M to a
rL in Nottingham, but did not (+peak to them. Gave no
directiou about her cloth-. being sent to her. Had seen
hiv several times in London sinus the suit began.
Itessarnionl-Ilurke's friesile lived very neer to witness
iu Sheffield, mad an intimacy sprang up between the two
families very soar after witare's marriage. Borke's sister
woalsoeniployed at the +boons Leicester; meddle lived with
her brotherat the Stag and Phoniest. When witness spoke to
the ropoodeut about ber being in Rarke's bedroom, she
earl it was a mistake -it was Barke's sister. Did not Sad
the letters till three or four data before she went away.
Took them from her bosom. Asked her the mono* of
thsiu, and she mid that things had not toile any
further than appeared in the letters. flail sustained a loss
of 1•11/. by tit Leicester shop, and bib! reariodent
that he would break up the cootie nos. Then she
odered to apes to anything witness proposed ;
sail be drew up the paper who'll she required. When she
wasted to go sad me her mother at Doncaster witness made
L. r leigairs that she would not see Burke except in the pre.
ww.eof her mother. WINO she. ame home witness inked her if
she had sees her mother, and she said she had not. bibs
st did that Burke aid .be had slept at the same hotel, but
rhe r. 1.11, " last think es have done anythioc +eleg—
y" hard two beds." she mole a full stateineat to witness
tit theTioinolay leforeshe left. Was feeling in her pockets to
se. if there were any mere letters. mot foam! Burke s iiretrait.
She "That's judo," and tried to take it from him.
She .. ited that she loved him, and she allowed miasma a
mddiii,; ring which be had oven bar. Asked her
where witoess's nog was ; and she replied, "At
the bottom of the Trott." (A laugh.) the
mat the nag was giveu her on the first occasion that Beim
hot Wool liberties with her-the lath of July, llt.* Did
a..t 4'.p with her that sight Went the sett
ulse
tu her (reads at SloolSold to ask thein=
th
eiri totrilogies's return it sues
604 he foam! that the respoolents gem
to Interms's prams. which was about a mile from the tow..
'Knee,. %not away his elsalA sad slept at the Lim) HoteL
f' wit ire sire say emplatoolieoef witammea eorteeript is him
mfir's letter to the eamplawhel Could only suppose
that he had deem it at a threat be Ileac
The Otteesertheeral and dr. Own thee addreseal the
coon ; het

Th.;.amo woo oot evochodat 'boo we wont to prom

COURT OF BANKRUPTCY.
Inefew• lir. Con wissiower Tam)
IN az N.
haakrept was ea importers.' laws, ale:
',swat« al Ilaarbaaaw. Thalweg Its•
TM **Meng* owes .ad gine op easels lbw
nab. 03001. The teakrup4 bawiag potsliossd user the

arreagentent clauses previoualy to tbe 11th October, the pro-
s... were ander the old act.
Mr. LWdeter, for the assignees, offered no opposition,
end the bankrupt passed.

TSAI= Darrel ISLOIIIOIC4.7PLZA OT 11iTANCI.-CAO7ION

MIRCHANTR.

Mr. Linkkler applied in support of a summons taken out
by Messrs. Darr mad Hancock, insurance brokers, of
AlkillS.oooo4 sonnet • person named Trotman Foster, who
hod tarried on business in Cross-lane, idol-lane, as • ono-
minks nerehaat, under tho firm of "T. Foster and Co.*
Mr. Flax, as behalf of the defendant, stated that he was
metre 20 rears of -;ge.
The defendant, a manly-looking person, being examined,
add that be was not now in business. Had been so up
toles. inosith, as • commission merchant. Mann. Buller
sad Hancock now claimed Iron his 700 f. for premiums
paid on insurances, but he considered it was only 639/. He
had not told them, when requesting them to pay this money
ou his account, that he wall under age ; bad not told his
other crediton so. Did not mesa to pay the debt if he could
help it. (ffeissatioe.)
Mr. Lisklater submitted that this was anise in which the
defendant should be odic,' on to give a bond. The plain.
tiffs proposed to take the opinion of • jury, whether a per-
son should be allowed to go on tradiag in the City of London
and then get rid of his debts by saying that he waa under
siffk
Mr. Flux said be was prepared to prove that the de-
fendant was not yet 20 years of age.
His Honour considered that, order the circumstances, he
could not call on Foster to enter into • bond.
(Before Mr. Commissioner Holroyd.)
IN RE JOHN PORTZ/
. . . -

The backrupt wae-form -piactiee as a solicitor, in
Lincoln's-inn-fields. lie was recently adjudicated bankrupt
by Mr. Registrar Abrahall, in his visitation of the Queen i
Yawn. This was the sitting for examination and dia.
charge. A very meagre statement of accounts had bona fled
b 7 the batkrupt, showing debts apparently amounting to
:10.0001. but the casting, as in all these came of heavy
iodebtedbases, was wholly omitted. The two largest cre-
iliton Mr. B. J. Kent, of filydenham-road, • creditor
on •
judgment 15,350/.,er ~ and Mr. T. S. Kent, of Holl
street, Oavendish-square, for 11,10 W., of • decree in Chan-
cery. No explanation is given as to how or when any of
the debts were contracted. The bankrupt states the came
of his failure to be " losbility to obtain payment
of the large amounts due to me from two debtors.' One of
these was described.. • person named Williams, an in-
solvent.

Mr. Aldridge, the crown ,iolieitor, opposed, on the ground
that no sulkiest accounts had been rendered.
The hoeing was adjourned for a month.

THE POLICE COURTS.
(THIS DAT.)

MARLBOROUGH STREET.
♦ SOLICITOR RN OWN ADTOCRTL

Mr. MFolnd-street, was
abeepel the fellow* eiresenteasse :
Haney, 6 47, amid—This raffaiag. about 4, while
Wilmerseset. I saw the defendant esti& a coffee-
' hems Via &Wei lIIIIIIber d remand kin, end bend
Wt ha bed Ism tensed an the hum I advised the
Admin. be go home, best be fellowed ine and the intim:tor
dud fee some time, and se we could not get rid of him he
wen et hit backed op. He wee when taken into custody
wer=ll—Yeas, say yes saw me drunk. Did I stagger
=j yen did.
IDid I not say I had lost a ring in the café
aurressib—You did not.
j=r Bowie-1 was with the sergeant, and the
d
kdewed
es about, and u we could not get him
is Win be vas taws into custody. The defendant said
sea* abed Wag • ries.
Defendent —All I ems ea,y Mr. Yardley, IN that I and
bees te the Temple to eneenit Yr. Denman sad Yr. Lean
reopening two aurae I am Ishreseed ia, and I wee sober.
Mr. Yardley—lan veryeermykeern amen of year prefeenon
in each • place. Yes ere seheinaidely year owe la and
yes knew the di sign I was hopes you would wyer,
hare
=the antler OM n 1 sheet* and sot made such •
as yen have. I emsset demise yon—it is proved
WS yes wen elnnk—as Ido penmen In • lower degree d
Mk awl I nest ale yes le. for being drunk.
The deleeduit pail the due.

MOUTH WARE-
MOINISIT IT PLUMB GIRLS.

•
Tye impelset-leekiwg meg Casa' and
Oreseedam weillearwa le it police ea saki
mad& Me 'silvan' fermium, Logies-beidlge, were =
tides* Yr. Cerabe, charged wif► dealem lie. from ilr.
James Itichtoa. _

The prementor deposed that abed bellipsai 11 last night
wee pease( the booboo el She railway to pressed towards
braes, whsa the prissier thiniegliam aims is [root of him
with • few in orie of bey bled; risk* him to buy
seam He MY hr he did set wort eery whim Ms ether
=ll6l sad • amebae et Mir gide eseesmided
0a• al Amos Meshed off his hat, sot
others pushed him &brisk ad while be wee stow.
ins dome to pick up ids bet the mimeo land over Mrs.
sad Casimir= pat her bead late Lis waistcoat pocket,
sod Mole 14s. which be bed • few Minute. pre-
viously deposited in the pocket. He attempted to lay
ef bar, but the others prevented bin,, and she got away. He,
however, followed them across the road, sad sew the mi-
susers stopped, when he pee them into metal.
Ie saswar to the magistrate wafter mid that he was per-
fectly sober, and was takes by surprise whoa they inmcied
his h.t off. H. had so idea they Sambaed to rob Ma.
Poliorcoestable 285 II mid be saw the primmer. run
across the mod followed by the prosecutor, who called out,
"Stop them, they have pfd me." He took them into
custody, and they were searched, but so money was found
on them.

The prisoner', who denied the robbery, were committed
for trill.

THAMES,
TZAILTUL CAR/ OF STABBING.

Patrick Dermas, a sailor of boyish appearance, was
brought before Mr. Self*, charged with dubbin James
Gardner, • boarding-house keeper, of No.l, Danmatt.street,
itatoliff•highway.
Mr. Joks mown Rose, suriptio, of High.street, Shadwell,
rid he was called upon to attend the wounded
MO on Wednesday night, and ascertained that he
had bees stabbed is the belly, and the intestines protruding.
It was • very bad wound, three inches in length; what
might he called • long stab. The wounded man was about
36 or 37 yeses of age, and had been a free liver. He was
afraid the wooed might prove fatal. The man was in
danger.
Mr. Selfe—ls it necessary I should go to his bedside said
take his deposition!
Mr. Raw would not say the patient was in immediate
danger.
Morris Cohen, • respectable tradesman, was talking to
Mr. Gardner near a public-house in Denmark-street, on
Wednesday night. and had just left him when the prisoner
accosted Mr. Gardner and stabbed him in the
belly with • knife. Mr. Gardoer said "He has
got • knife, I am stabbed !" and directly afterwards
fall. The prisoner ran away, and was sought
after and apprehended by • police-constable named Smith,
No. 251 K. The prisoner had been lodging in Gardoer's
boarding house for seamen. A quarrel had taken place
between them ou a question of accounts. The prisoner
demeaded bin chest and clothes, which the board•
Up-hoses keeper refused to give him until his
charges for board and lodging were paid. The prisoner
vowed he would be ravened, and took the first opportunity
that presented itself to carry out his deadly purpose.
When Smith took the prisoner into custody he said he had
no knife. Yr. RAM had so doubt the wound was Inflicted
with a knife. It was as upward thrust on the right groin.
Mr. Selfe remanded the prisoner until Friday next, and
said if it became necessary he would at any time take the
depoeition of the wounded man iu his own room.

STORNI. —4THOI DA T. )—DF....4TRCCTION OF PRO•
Mat —A V: from the 8.8. W., causing greet damage
to property, ke over the metropolis at one o clock this
morning, soil continued to increase in violence until six
o'clock. The eonfuaion that prevailed amongst the aloiticig
in the river. particularly at the dock entrance., i
21 tier ..f vessels having broken from their mooriege
on the ebb, fell athwart hawse of soother tier. occalaionuag
as immense imouut 14 ihuoage to sada, rigging. alum, sad
bulwarks. The low of the Emma Marie, of Grimsby, was
pierced by the anchor of the Beside schooner, sod she was
run on shore in the mud to prevent her sinking. Two
schooners were driven on shore between the Victoria Dock
sod Barking Creek, and a deeply laden lighter was sunk
off Yantlett.

11
so
il

ANIVIIIINEWIN IN A CANADIAN WINTEIt.-01.1r
sailers will necessarily remain in the province one winter
at lams ; and wherever Englishmen go sports and athletic
creme's follow in their train. The races, paper hunt., and
cricket matches, which marked the spirit of our men before
Fieliestor.l. may. in their way, be repeated out in Canada i
with tenfold opportunity. At Montreal there is a
subecription pack of foxhounds, and the members of
the club not long ago tittered their services to C.ecie-
ral Williams, in the event of war, as a special
hod -guard Timm exploit. in the chase are nccw-
▪ y
confined to the open weather in the fall iut4l spring of
lb* year. The province is entirely destitute of hedges,
which will not stand the severity of the winter and the
bldsare hounded with "snake fences," or I mils of time-
Mir pilsi five feet high, and more, on two iteds running
is a arm direction consequently, in bunting vernacular.
it is • difficult country. sod good nerve and • good timber
jumper are indiapeneable. In weather too hardier hunting;
sportsmen can console themselves with sleighing. and drive
their hones with the Tandem CIA. Snow roads are nothing
like the "high hard road " of utmost, and properly roughed
and shod, homes take oo harm even on ice. At Kingston,
it is • cosmos thing to see trotting races in light American
alsighoulkies over the ice between the town and Garda'
Island ; and the ordinary winter purge of travellers be-
tween Kingston and New York is in a stags, which, for
several wrath% is driven eases the twelve miles of lee he-
, tween the former plane And Cape Yioosoti Olker reaserose
for the intentetic are --meetings of the snowshoe deb, the
earliest shade, skating rinks, se the were obstregerent ;ses-
tinas of tabAgiiiing.—CurnAdi .11agyainc for February.