The Express.
London, England, 1863-05-06 00:00:00

COURT OF EXCHEQUER.

Bittiop in Banco.—(Before Lord Chief Baron Pollock and
Barons Martin and Bramwell.)
VON BRACHT V. POLL-JODOKLIT.

The Lard Chief Baron said this was an action brought by
a governess for being improperly discharged from the de-
fendaet's service, in which a rule had been obtained to enter
the verdict for the defendant or for a new trial. The plea
staid in general terms that plaintiff had hews
diaruissed for improper conduct, but it did not
set out specifically enough the misconduct which
wee alleged, and in part proved at the trial, bat the
court thought the defendant was entitled to a new trial, as
there was clearly misdirection with respect to the principle
upon which the damages should be assessed by the jury. 41
Mr. Baron Martin said if the defendant thought fit to
rely on what took place as a justification for the plaintiffs
dismissal, he ought to clearly state whet it was, so that
the plaintiff might know what she bad to meet.
Rule absolute fora new trial.
BIAVAR V. TIM commas OF WALDIGRAVL
This was an action brought against the Countess of
Waldegrave, now the wife of Mr. Chichester Forteicue,
if. P., for breach of covenant in a deed entered into by the
late Lord Waldegrave, by which hie lordship gays to the
plaintiff, who had been his solicitor, the next pre-
sentation to a living in Ewa; and covenanted—
in the event of hie being deprived of such prmentation—
to pay him 1,5001. The defendant, who was sued as ax.
ecutnx of the late earl, pleaded several plea., but the most
important was an equitable one, to the effect that
after the death of the earl, the plaintiff, for) a good
and valuable consideration, to wit the payment of
1,5001., exonerated and discharged her from the per-
formance of the covenant. At the trial, which
took place at Guildhall, before the Lord Chief
Baron, the jury fazed a verdict for the defendant, but
rule wee subsequently obtained for a new trial on the ground
of misdirection, and the verdict being against the evidence,
or to eater a verdict for the plaintiff on the second and
third pleas, which raised the legal points in the ease.
Mr. M. Smith, Q.C. (with whom wee Mr. Henry James),
now showed canes against the rule. He said that Mr.
Bear= was the solicitor of the late Earl of Wit/degrees,
under whose auspices the noble collection at
Strawberry-hill was sold, and that on ceasing
to hold that position in 1842 esarrangement was made for
the settlement of all matters betweea them, and in 1845 a
deeded release was executed, according to w • the entire
balance of money due by Mussed to Mr. Beavan amounted
to 2,5031. The learned mussel then entered into a state•
meat to show how that sum had bees paid, as wall as the
1,5001. now claimed, when be was isterrupted by
Mr. Bares Martin, wbo said he would rather not take a
part in the own, as he now recollected ell the circumstances
se well as if they bad happeued yesterday.
The Lord Chief Baron—Would it not be better to refer
the whole matter to some gentleman of experience at the
hart By doing so you would avoid very painful subjects,
which may have to be discussed, and avoid the expense of
a new trial.

- 16. ii.Smith—We thick we ass right both on the law
sad (seta

The ord Chief Baron—Had you not better consult your
client!

Mr. Y. Smith mid he would prefer to have the case post-
poned until next term, when there would be a lull ...ourt,
without Mr. llama Zdaatin, who did not wish to hear it
arttlesou Martin said he recollected perfectly well the
circumstances under which Lord Wadegrave pleaded guilty
in the proweseitioe spinet him in the Queens Bench.
Mr. Karrlas, Q.O. (who appeart d for the defendant with
Mr. Dennis., Q.C.), sad hia lordship, he believed, was one
of the mensal on that occasion.
Mr. M. South mid it would be more convenient to post-
pone the awe until next term, but he might remind the
court that there were me matters which could only be
Priar'slake i before
said the palaiXti was perfectly content to
go before a jury again.
The farther hearing of the ass was then postponed to
next term.

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

HARDING O. HARDING AND LANCL

This aim, which was begun on Saturday, was a petition
by a boom agent at Kenniogton-cross for • dissolution,
on the ground of adultery, committed by hi wife with
Lanais, a harness maker.
Today an attempt was made to set op • recriminatory
trsof tultery betwaen Harding and • girl named
who was only 14 or 15 years of age. Dr.
Wamby (with whom war Mr. Day) abandooed, however,
this defence.

The Queen's Advocate, with him Dr. Spinks, replied on
the whole ease.

The Jury found for the husband.
Decree airi with costs.
GIPPS V. OMPII AND HorO, M.P.
This ssorning Sir C. Cromwell reed the form of decree
which he had had drawn up, is consequence of Dr. Spicks'
application on the previous day.
Dr. Stinks expressed his entire satisfaction with it.

.11.40 V. 'AGO AND GLABAAL

The Quest's idsGoma— --sTd Mr. Dey fat the petitioner;
Dr. Spinks and Mr. B. Itigby fat Sherwin:lndent ; Mr. Searle
for the eo-rnspendent. _ _

---
In June, 1861, John Robert Jago, a clerk in the recruit-
ing-office, married Matilda Evans. They had six children,
of whom three eons and two daughters still aurvived. Soon
attar the marriage disputes began to arise, on account, an warn
alleged, of the respondent's violent temper, and in 1855 there
warn a separation ; but a reconciliation was effected, the re-
spondent signing undertaking not only to conduct her-
self better. but to behave with courtesy to anyone whom
her husband might bring to the house, and especially to his
relations. In Jan., 1860, she formed the &attain mince of Jobe.
Mon Morton Graham, a Louse agent, of 12, Vicioria.park ; and
the matter coming to respoeot's knowledge, he deter-
mined temperate from her altogether. On the 21st of
August she wee confined ; and ou her recovery he placed
het with aMn Morris. sad made her an allowance of •
guinea a week. It was now alleged that she bad committed
adultery at her lodginp at Mn Bull's, 12, Auckland-
terrace, on the 24th September, 186 L There had already
been • trial in the snit ; but the principal witness, Lucy
Bull, having, as it was stated, made • mistake with regard
to an important date, a verdict had been found for the
respondent.

[The cue wee proweeding when we went to prase]

THE POLICE COURTS.
(THIS DAY.)

MARLBOROUGH-STREET.
" osinvonor" AND TILE POLICI. —A ScZNI DI TH.

HATNAJLIJer.

Henry Jona and Charles Jones, two fashionably-dressed
young men, the former of whom gave the address, A Wed-
terrace, St: John's-wood, the other refusing hie address,
were charged before Mr, Tyrwhitt with being drunk sod
disorderly us the Haymarket, aed =malting Sergeant Howe,
21 • Layleod, 55 C; and Hankies, 29 C.
Sergeant Howe saki that at a quarter to 4 that morning
he saw the two prisoners in the Haymarket, along with two
Lifeguardamen and two females. They were pushing people
about, canon a great disturbers* i and on requesting
them to go away they camel. Upon taking the prisoner
Hoary into custody, be struck him, and they fell together.
He, however, got outshines, and thee were taken to the
Motion, but not till they had astailtal two other con-
stables.

Hankins. 29 C, proved goer* to the aasistanoe of the
wagewit, there being • crowd of 200 persons assembled. On
the sergeant taking Hairy into raggedy, Charles came op
and interfered, sad ow his tellies him Dot to do so he
instantly knocked him dove and attempted to kick him,
sad a the fall his (witeues's) wrist was hurt.

Leyland, 55 0, Proved the arisonen' disorderly conduct,
and said that he was thrown to the ground with violence
by them twice, his back being much strained.
The intoxication in their defence.
)Ir. yrc=t EZl"them 40e or a month each.
WORSHIP STREET.
-SCANDALOUS ASSAULT.
- -

Themes HatatineoTs Zsrifiatiant—fletrkes, respectably-
deemed perinea, one of whom called himself a gentleman
and the other a clerk, were eharged before Mr. Cooke with
the following infamous sananlt while ietoriosted:
Charles Vicar, a cabinet maker, said—Lad night I was
resnrniog home in company with my wife to the
Hackney-rout, when the defendants, who are per-
fect strangers in us, pushed most indecently
her, Hutchinson using his umbrella. Of COWS! I was
Illayiindigaant Red ezpomulated with them, upon which
they mod most beastly expreesioes, and Hawke!' struck me
to the ground, causing me to cut my head very severely.
Xy wide was also knocked down. ase is not hare, for I
timid it uniseomeary, and she had sa objections to attend.