The Express.
London, England, 1862-07-03 00:00:00

THE EXPRESS, THURSDAY EVENING, JULY 3, 1862.

he (witness) should be more careful in weighing the meat is
futum...Tire mistake was not made intentionally. Did not
know that the plaintiff was complained of for sending
short weight to the Windham Club and Howell and James's.
bonne meat was trimmed and some was not, and he made an
allowasee for the trimmings, which he guessed at.
Mr. Baron Martin expressed a doubt whether in the pre-
sent action the set-off could be gone into, but he would
take the defendant's evidence. and if necessary reserve the
eau allagine then addressed the jury on the
part of the defence. He said that to the plaintiff, who was
one of the largest butchers at the West-end, the case was
one of a very seriooe nature, es he was instructed by the
defendant to say that for four or five years he had practised
upon him a regular system of fraud, and that almost
upon every occasion the meat was lighter than the
weight represented on the ticket by which it
was accompanied. The defendant kept an eating-
house for the humbler description of persona ; and his agree.
meet with the plaintiff was that Se should receive every
kind of meat which was not absolutely tainted ; nothing
whatever being said about the trimmings being kept by the
plaintiff. Unfortunately, the defendant relied upon the
pleintifre honesty, and never weighed the meat, but after •
time he found that, although his bssineu was large and in-
creasing and =aged with every economy, his pecuniary
position was not improved, and he supposed there must
be something wrong in some quarter. In October
last a man in the employ of the plaintiff informed him of
matters which excited his suspicion, and he went unexpect-
edly to the plaintiff's shop, and had some meat weighed,
which was about to be sent to him. A ticket bad been
placed upon it, stating that it weighed 100th. ; but he dis-
covered that the real weight was only 901 be., or 10 per cent.
less. That induced him to make further inquiries, and he
found that this practice of misrepresenting the weight had
been going on for several years.
The defendant was then called, sad examined in corro-
boration of the above statement. He said he had dealt
with the plaintiff for 13 years, but bad seldom received •
ticket with the meat. He never weighed the meat as he
ought to have done, but took the weight as itiwas repre-
rented by the plaintiff's servants. The discovery of the de-
Eciency of 101bs. is 1001 be. of meat took place on the morn-
ing of the ?Lod of October. He saw the meat in the scales
and he had it weighed over again. He asked Hathaway
why it was ticketed 1001te. when the real weight was only
9Uibs., and he said be did not know, but he supposed it was a
mistake. Two or three days afterwards he saw the plaintiff
who made several excuses for the error. Witness
said, unless the plaintiff clearly showed him that the
weight of the meat was entered higher than it really was
without his knowledge, he could not believe him ; but he
made ro.reply. He made some further inquiries of the
plaintiff's men who brought the meat, and in consequence
of what he heard he refused to pay the plaintiff's bill.
Some other evidence having been adduced for the de-
fend!,
The jury found a verdict for the plaintiff for CR, de-
ducting ten per cent. on &portion of the amount claimed,
and adding their opinion that the plaintiff's mode of con.
ducting his business was most unsatisfactory and loose, and
that the defendant should have discovered the errors
before.

COURT OF PROBATE AND DIVORCE.
JULY 2.
(Before the Judge Ordinary.)

POWILL P. POWILL AND LIIOLIDti.. FEUDIST

NARILIAOZ.

Mr. Hawkins, Q.C., and Dr Spicks appeared for the
petitioner, Mr. Ellison Powell, • clerk to a silk broker in the
City. Mr. HoddMatas, Q.C., and Dr. Tristram were for the
respondent. The co-respoulent was dead.
It appeared that some years ago, when Mr. Powell was an
articled clerk, he formed a connection with Caroline Miller,
a woman who was already the mother of an illegitimate
daughter. They cohabited for two or three years, and she
bad two more children, both of whom were dead. At length
on the 19th of January, 1816, the petitioner married her at
Christ Church, St. Pancras ; he being, even then, only 19
or 20 years of age, and she 16 years older. They cohabited
at Caroline-villas, in Oakleyaquare, and finally at Gloucester-
lodge, Regent's-park. At first the marriage seemed to turn
out pretty well • but at length the respondent appeared to
grow dissatisfied with the dulness of the life she led. 0u
Good Friday, 1860, while Mr. John Chapman, a cousin of
the petitioner, wee dining with them, she began to be very
violent, and threatened to leave her husband. He listened
calmly to her till she left the room ; not being,
as Mr. Chapman stated, in the habit of abusing her again.
On the 26th of April she carried out her intention of quit-
ting her husband's roof and went to live with her daughter,
who was then about 22 yean of age. She very frequently came
back to her husband's house and made disturbances ; but
ultimately, or. the 2nd of June, a deed of separation was
executed, by which Mr. Powell covenanted to pay the respou.
dent an allowance of 300/. • year.
Evidence was given to show that she left her residence in
Camden-town and went to Brighton, in order, as she said,
to see if she could find a gentleman with whom she was ac-
queinted. After her return she went one night to the
Opera with • servant named Tonikios. On that occasion
she spoke to • gentleman and made au assignation with
him. The gentleman said, " Believe me, on the word of an
officer and • gentleman." She afterwards told Tomkins
that she had got some one at last to make her • The
respondent was in fact addicted to the use of coarse
language. She was afterwards visited at her lodgings by an
elderly gentleman, with whom she spent about a couple of
hours alone. Tonikins finally left her, because, as slAi
stated, the respondent warded her to try and take Mr.
Powell home with her, so that she (the respondent) might
have a recriminatory charge against him.
Eleanor Flerridge, • servant to the respondent, stated
that her mistress was visited at her lodgings in Brighton
by several gentlemen, including Mr. Ingledow, an up-
holsterer in that town. One night a gentleman came after
they bad gone to bed. Witness got up and let him in.
Her mistress went down to him in her chemise and dressing-
gown. They bad wine and refreshmeots in the. dining-
room, and the gentleman stayed till two in the morning.
Heard a deal of rustling in the room—quite different from
what witness would have expected if the visit bad been •
proper one.
Sarah Capel, another servant, deposed to actually ear-
prism' the respondent and Ingledew in bed. The respon-
dent bed had witness apprehended for an alleged theft, but
the magistrate st once dismissed the case.
Other evidence of a similar character was also given.
Mr. Huddleston then addressed the jury for the respon-
dent, contending that all the witnesses had given their eel-
deuce under the Influence of malicious or interested motives.
He called

Mr. Gardener, a surgeon, at Brighton. who proved that
be h.oi attended Mr. logledew from the lith of December,
1860, till the end of January 1861. He Ina suffering from
inflammation of one kidney and from fever consequent upon
it,. He was in a delicate state of health, and it was not pro-
bable that he had been guilty of the conduct imputed to
him while suffering in the manner described.
Cross-examined—lf he did, the result would aggravate the
disease.

B y the Judge—Witness's treatment was successful.
Mr. Wm. Roe, another surgeon at Brighton, attended Mr.
Ingledew from the 3rd of March, 1861. till the 24th of April.
Attended him also fora few days in July and in November.
Attended him last from the 24th of January to the 27th of
February, when he died. Should say that from the state
of his health be was not likely to be leading a profligate
life.

Crow-examined—He was about 40 years of age.
Mr. Nathaniel Vaughan, clerk to the deosased, roved
that Mrs. Powell had employed him in his business, and bed
goods from him. Mr. Ingledew was bankrupt about a year
ago. He was a married man, with two children.
Cross-examined—Could not say that be had two children
by Faun, Moors. (A laugh.) lid seen Fanny Moore.
Mrs. lngledew, the widow, was then called, but she
appeared so much distressed that, at the suggestion of the
jury, Mr. Huddleston did not insist on examining her.
Dr. Spinks, in reply, reminded the jury that all the events
which bad been deposed to by his witnesses took place
before December, 1860.
. .

The Judge raid it would not he necessary for him to
address the jury ; and
They immediately found a verdict for the petitioner.
Decree WM.

INSOLVENT DEBTORS COURT.—Jtmt 2.
(Before Mr. Commissioner Nichols.)
TER LAE.? OF TEE COURT.

The learned C.ornmissioner sat to-day is court for the last
time. Saturday was to have been the finish, but a pressing
matter was mentioned, and delayed until to-day. The
building is vested ha the Commissioner of Public' Works,
and the Lord Chancellor can appropriate the court. to any
purpose he may think proper.
The old court was Whin 1824, when the Chief Commis-
sioner Law was appointed ; and one of the strangest cir-
cumstances connected with it (among the mauy which have
occurred io the place) was the fact of the builder becoming
insolvent, and attributing his failure in part to a loss of
2,0101. by the contract, and then having to appear in the
very court he had built for his discharge. The Commie-
shiners retire with the satisfaction of haring performed their
duties. The clerks and officers are by the act transferred
to the Court of Bankruptcy.

SINGULAR DISCOVERY Or A HUMAN HEAD.—
Some excitement was caused yesterday morning in the
neighbourhood of Gordon•equare, St. Pancru, by the cir-
culation of a rumour that the head of a man, newly severed
from the body, had been discovered in the piece of enclosed
waste ground attached to the catholic and apostolic church,
Gordon-square. It appears that a labourer named Gates
was passing by the church at about 10 o'clock, when his
attention was attracted to a ghastly object, which had the
appearance of being the head of a human being, lying in
the enclosure. He communicated his impression to several
pusengers, and a crowd soon assembling • messenger was
despatched for a police-constable, who on his arrival at the
spot, obtained pompanos of the relic of humanity, for such it
proved to be ; but by whom and for what purpose it was
deposited where it was found remains a subject of conjec-
ture. The head, which appeared to have been scientifically
separated from the trunk, wee conveyed to the London
University Hospital, when it will remain while the police
are making an investigation into the circu
THROUTWARD AMERICAN MAILS. oreAurros,
JULY 2.—The Hamburg and American Company's steam.
ship Borussia, Captain Trautman. sailed hence at 4 p.m.
this afternoon, with the German, French, and Eng • sails
for New Test direct. She took oat 460
jewellery. do., from Havre, value 16,000 f., and a full
cargo ird French sad Baglish goods.