The Express.
London, England, 1863-04-03 00:00:00

ASSIZE INTELLIGENCE.

HOME CIRCUIT.—KncostoN, APRIL 2.
(Bohm Mr. Justice Wightman and • Common Jury.)

wmaa V. WiLENZIL

This was an action to recover 354 for commission for pro.
curing the defendant a partnership in • medical bunness,
and the circumstanoes were soinewhat peculiar.
Mr. Hawkins, Q.C., sod Mr. Day were for the plaintiff ;
and Serjeant Wanting and Hz. Within Williams for the
defendant.

The plaintiff is this action wax • person named Martin
Weiss, a member of Use Jewish persuasion, who carries on
the humane= of • medical agency, and also a governess's
institution and scholastic agency, in King William-street,
and who styles himself " Dr. Weiss," upon • di-
ploma of hoentiate of medicine granted by the
Dublin University. The del °admit is Mr. Morel
Mlienzia, who was formerly • medial officer of the
London Hospital, and the action was brought to recover the
sum stated, as commission, for the plaintiff having pro-
mised him • partnership, with • medical gentleman
named Margolies in the course of last year. From the
evidence of the plaintiff, it oppeered that he had inserted
certain advertisements in the Lancet, and the defendant
called upon him, and expressed a wish to become • part-
ner in a good medical practice, end that be told him
Dr. Margetson was desirous to have • partner, and the
sum required would be TOOL He maid that be at the
same time showed the defendant a circular, one of the
terms of which was, that in all caeca where be was the
means of procuring either • vendor or a purchaser of •
partnership or a business, he expected to be paid
live pee cent. commialion by both, and that
although the defendant objected at first, he
ultimately agreed to thee* terms. An arrangement having
been completed between the defendant and Mr. Margetami,
the latter, it appeared, paid the plaintiff 354 as his commis-
sion; but the defendant repudiated the alleged agreement,
and the present action wee brought to recover the amount.
The plaintiff, who was called to prove the above forte, was
subjected to • severe cross-examination by Ssrjeant Belles-
tine, in the course of which he admitted that at the last
Guildford ageism an action was brought against him by a
young lady for whom be bad undertaken to procure • situa-
tion as governess to recover back • sum of 001., which she el.
12:41had been obtained from her by fraud, and that she ob.
• verdict, and he had been compelled to repay
the money. It also appeared that the agencies referred to
were carried on in the oame of Weiss sod Co., but be said
the " Co." had left the concern • year and a half ago, and

the Weiss and Co. now all centered in his own perso.b..
Serjeant ilallautine, in his address to the jury for the de-
fendant, characterised the action as an impudent attempt to
extort money from the defendant, who, be said, was • gen-
tleman of eminence in his profession, and • man of great
respectability, and who would never have thought of re-
sisting such a claim if there had been the slightest founda-
tion for it.
The defendant was then examined, and he denied in the
most positive manner that the plaintiff ever called his at-
tention to the circular alluded to, or that anything wee
said about his having to pay him a commission of 5 per
cent., and he said that he did not see the circular until
after he bad concluded the arrangemeet with Mr. Margot-
son and then the defendant sent him one in • letter. He
also: stated that when the plaintiff made this claim upon
him, be at once repudiated his liability, but plaintiff
pressed for payment, and said he should be sorry to be
compelled to being an action against such a distinguished
member of the medical profession. (A. laugh.)
Mr. Justice Wightmen was about to sum up, when the
jury interposed, sad said they were all of opinion that is
was unnecessary for him to do so, as they were unanimous
in returning • verdict for the defendant.
The cases that have been hitherto disposed of have bees
of the most uninteresting character possible to be imagined.
Several contradictory statements have been made as to the
course that will be taken with mand to the adjournment
of the court, but Jibes at length been definitively stratipd
that an adjournment shall take piece until Monday ; but
only one court will then sit, namely, that in which the
Lord Chief Justice presides, and two special juries, "Boui-
llon v. Lupton" end " Meyer v. Barnett" are appointed to
be taken. Mr. Justice Wigbtman will not sit until TUN-
day morning. There are about sixteen nausea still remain-
ing to be tried but in all probability the greater portion of
them will be 'Ailed.

NORTHERN ClRClllT.—Lrvispooi, Arse L
(Before Mr. Bane Martin.)
JON= T. BOOMPHIUT.-BILIACH or PROMS&

This wan an action for breach of promise of marriage.
The declaration alleged that the defendant speed to marry
the plaintiff. To this the defendant pleaded that after the
alleged agreement bad been made, and before the alleged
breach, the plaintiff had exonerated him from ita fulfilment ;
arid further, that the agreement had been rescinded by the
consent of both parties. The plaintiff, Betay Jones, it
appears, is a servant girl, who formerly bald a situation in
Liverpool, but who at the present time is residing in the
family of a surgeon at Halifax, Yorkshire. The defendant
is Matthias Boumpbrey, a master joins b eariyieg on
business at Herman, in Cheshire, but at the time when the
alleged agreement to marry the plaintiff was made was
only a journeyman joiner, working in LiverpooL
Dr. (YFeely appeared for the plaintiff, and Mr. Waddy
for the defendant.
Dr. O'Feely, in stating the case to the jury. mid the
parties in the action were in a comparatively humble sphere
of life—the plaintiff, Betsy Jones, heir( a servant girl in
the employment of a surgeon at Halifax ; but be awe-
handed that the condition of the plaintiff would not inter-
fere with the ju7 in regard to the transaction but that
they would give it the same attention as if the parties
occupied a more exalted sphere in society. It would ap-
pear that in the year 1859 the plaintiff was in the Navvies of
a lady residing in Huskissomstreet, in this town ; and the
defendant, who was then working as • journeyman joiner,
was engaged on some property in the neighbourhood, and be-
came acquainted with the plaintiff ; and from that time up
to a recent period it would appear from the letters that had
between the parties that a warm attachment had ex-
Latidetietween them. The defendant was in the habitof visiting
Betsy every Sunday ; and his conduct was such throughout
as might be expected fres a young man who was deeply in
love with a yam' woman. (L laugh.) In the summer of
the year 1660 the plaintiff's then mistress sod family re-
moved to New Brighton, and while there the plaintiff coa-
'faintly received letters from the defendant expressing the
warmest attachment for her, mad he from time to time also
visited her at New Brighton. Mast of these lettere had
bees lost, but there was one preserved. which polaiWy the
defendant bad written to the plaintiff in the warmth of his
attaehmeat, sad wietained • piece of pastry which was
• probably his lint effort is vino, sad whisk had bees so