The Express.
London, England, 1863-06-17 00:00:00

EVENING, JUNE 17, 1863.

iLabi intelltgenct.

COURT OF QUEEN'S BENCH.--Jume_l6.

After Term Sittiiest Nisi Prius.—(Before the Lord Chid
Justice ' khan, in • Special Jury.)

RAMSAY V. KTEWART.-EITEACIRDESAILY LIE= CASE.

After our report left yesterday,
Mr. Mollie*, solicitor, was called. He gave a similar die-
cription of what occurred at Packolet. He mid that be-
fore going there be took the °philtre of Mr. Serjeant Sul-
livan, and acted accordingly. The defendant first took his
wife by the hand and then be pot both arms round her
waist. It was two minutes before she screamed out, and
throughout the interview she was quiet, though in tears.
The magistrates at first asked for the warrant on which the
defendant proposed to take away his wife, to which he re-
plied he suppceed the marriage certificate was sufficient for
it, and in which the magistrates concurred.
(Laughter.) When he left the house to walk into
Kilkeel he was accompanied part of the way by Captain
Ramsay and Mr. Pratt. In the avenue there ware several
of the servants, and Captain Ramey told them that every-
thing was made up, and that Captain Stewart was to be
treated as a gentleman and as one of the famil. They ap-
peared much pleased to hear it. One reason why be wished
the defeudant to go to Packolet without delay was that he
said he had heard nimorus prejudicial to his wife's virtue,
which was her reason for keeping from him, but the de-
fendant and every one who had investigated the matter
was now thoroughly convinceed the rumours were
ill-
founded, and that there was not the slightest foundation
for them.
Mr. Moore, one of the magistrates, said the defendant's
conduct to his wife was kind and gentlemanly. A guarantee
was given that the defendant should remain till General
Chesney was beard from. He was surprised to hear on the
Monday morning what was done on Sunday evening. He
we. no party to Mrs. Stewart's removal. He was not con-
sulted about it. On the evening of the 16th be heard Mrs.
Stewart say to her husband that she would give him her
word of honour that she would not run away again. Captain
Ramsay was in the room at the time. lem certain Mrs.
Stewart was anxious to remain with her husband, and not
be carried offi. It was a real genuine feeling, and there was
nothing simulated about it.
In consequence of the conflicting testimony between Capt.
Stewart and his wife as to theiroccupying therme bed, she
was re-called, and stated thatahe implored him to let her have
a separate room, lock the door, and keep the key, but he
would not. A second bed was put into the room, which be
occupied, and she slept in her usual bed with her child. She
had said that the petition for a judicial separation was
presented against her wish, and that she asked to have it
withdrawn. She remained in her bed with her child, and
never left it.
The Lord Chief Justice said there was a painful conflict of
testimony between them on that point.
Capt. Stewart, re-called, said his wife asked that second
bed might be put into the room to save her modesty before
the servants, and he consented to it.
The Lord Chief Justice—To save her modesty in what
respect ! She was your wife.
Captain Stewart—Yes ; but she has such scruples as to
being a wife--each as I never heard from any other lady
before.
This closed the defendant's case.
The learned counsel having addressed the jury on behalf
of their respective clients,
His Lordship summed up. Alter referring to the pain-
ful character of the case, and deeply regretting that they
should have been called upon to investigate the family
differences of Captain and Mrs. Stewart, left it to the jury
to say whether declining to fight a duel when challenged
was a justification for calling • man • poltroon and a
coward. The degree of provocation was an element for
consideration in assessing the damages.
The jury returned • verdict for the plaintiff—damages
350/.

COURT OF COMMON PLEAS.—Juss 16.
SECOND COURT.
Sittings at Nis[ Prins in Middlesex.—(Before Mr. Justice
Ryles and a Common Jury.)
WARRINGTON e. ACFORD.-81NOOLAR CHARD' OP FRAUD.
This was an action against Miss Acford to recover 307.,
the amount of a promissory note payable on demand, and
among other thioga she pleaded that the note had been ob-
tained from her by fraud, and that the plaintiff had taken
it with notice of the circumstances and without having
given value for it.
Mr. Digbj Seymour, Q.C., and Mr. Watson appeared for
the plaintiff ; and Mr. Denman, Q.C., and Mr. Taylor for
the defendant.
The plaintiff was an artist in disbud glass, living in Con-
naught-terrace, and he stated that he employed Mr. Haynes,
a solicitor, to sell for him the lease of a house at the corner
of Musenmatreet, and be had to receive 1651. from Mr.
Haynes on account of the transaction. On the 18th
April last he received from Mr. Haynes the bill in
question, in part payment of the 1651. He did not then
know Miss Adore!, nor the circumstances under which the
bill was given.
Mr. Denman said that the defendant bad for some years
lived with Lord Huntingtower as his wife, and it was doubt-
ful whether, according to the Scotch law, she was not ac-
tually married to him. The cohabitation, however, ceased
in 1848, and in 1854 there was a deed of separation, by
which Lord Huntingtower consented to pay the defendant
601. a year for the support of herself and her three chil-
dren. Early in the present year Lord Huntingtower wart
desirous of being divorced from • lady whom he had
married since his separation from the defendant, and for
thu purpose he wished the defendant to prove her Scotch
marriage. He employed Mr. Haynes to negotiate upon this
matter, and in the course of an interview Mr. Hume paid
her a quarter's annuity, and she signed what she believed
to be • receipt for that amount, but which document after-
wards turned out to be the promissory note in question.
Miss Acford was called, and stated that on the 11th
April, about 11 at night, Mr. Haynes, who was • stranger,
called lon her. He said be bad come to her from her
husband, Lord Huntingtower ; and he also said why did she
not appear in the Divorce Court, as Lord Huntingtower
wished to prevent illegitimacy haoging over the heads
of her children. %Unties said her income had been
stopped without any cause, and that she was then
in a state of destitution, and that bad it not been for her
nephew she and her daughter must have starved. He said
that all that could be made right no doubt, and that all that
his lordship required was that she should divorce him from
his second marriage. He maid that upon that being dons
she should have more • year, and that his lordship wished
to give his children their birthright. In her opinion she
had been married to Lord Huntingtower according to the
laws of Scotland. Mr. Haynes added that be would have
nothing to do with proceedings in the Divorce Court unless
he could get her money. This was on the 16th April, and
Mr. Haynes asked her and her daughter to go to his office in
O -street the following day. He lent her daughter
sa. because they were destitute. The next day she went to
Mr. Haynes's office. He said he had got her 15/. for her,gand
she said that was all that was due to her until the 3rd May.
Mr. Haynes gave her his cheque for 13/. 15e., and also a
sovereign, which, together with the Is. lent, made the 151.
He asked for a receipt. and she wished him to write it. He
wrote what she thought was a receipt, but which it now ap-
peared was the note sued on. On the 21st of April she re-
ceived • notice in respect to the note, which stated that 15/.
was due on it.
To the Judge—When she signed the paper there was
nothing written under her name. The words " Payable at
23, Orchard-street, Portman-square," were now under her
name. The words "for value received" also were not there
when she signed it. The sgure " 151." was upon that
paper, but it was not upon the note.
Mr. Seymour said that this evidence came upon him by
surprise, and he asked that a postponement might take
place to allow Mr. Haynes's brother, who warn at the time
his clerk, and who had written the note in the outer office,
to be sent for.
Mr. Justice Ryles declined to grant this application ; and
be also expressed an opinion that the alleged alteration was
not such as would vitiate the note. Upon this point, how.
ever, he reserved leave to move.
Mr. Robert Haynes was called to give evidence in reply.
He said that when he went to Miss Acford's she cried very
much, and said that there was an execution in the house for
rent. He said if Lord Huntiturtower would not pay her her
money he (Mr. Haynes) would lead her some. She said that
she owed 15/. for rent and taxes and 15/. for tradesmen's
bills. The next day, at his office, he advanced her 13/. to
pay her rent, and he said d she would bring him the trades-
men's bills he would give her the other 15/. He said that he
should require a bill for the amount, and he called his clerk,
who went for • stamp and wrote the note. Nothing had been
written upon the note since she signed it. He had not called
upon her in reference to proceedings in the Divorce Court,
but to make inquiries of • private nature, which he would
rather not mention. She never had the remaining 151.,
because she never called with the tradesmen's bills. Before
he paid the note to Mr. Warrington he had ascertained that
it was entirely untrue that there was an execution in the
defendant's house. He had not known until to-day of the
notice as to only 15/. being due upon the bill.
Mr. Seymour said that if Mr. Haynes would undertake
to pay the remaining 15/., he would ask only for • verdict
for 15/.
Mr. Justice Byls said that the' claim ought to have been
only for 15/.
At the conclusion of Mr. Denman's summing up, it was
announced that Mr. Haynes's clerk had arrived, but his
lordship declined to allow him to be called at that stage of
the case.
Ihe jury gave a verdict for the defendant ; arid in answer
to his lordship they added that they were not quite satisfied
that the note was altered after signature ; that the 15/. was
a payment on account of Lord Huntingtower, and that the
plaintiff was merely the agent of Mr. Haynes in the matter.
Mr. I). Seymour mentioned that Lord Huntingtower was
exceedingly desirous to have been called as • values.

CRYSTAL BALACE.—ONR SHILLING DAY.—Ttlal-
DAY, JUNE 16.—ddmistione on payment, 2,370 ; ditto by
meson ticket., 685 ; total, 3,055.
DR. DE JORGE'S LIGHT-BROWN COD LIVER OIL.
The unequalled curative power of this Oil In all stages of con
gumption and dlsesgea of the chest Is now universally neognised.
The learned phydelan, Dr. [Miaw, obeervea :—.• This medicine
deserves to occupy a distinguished place In the treatment of con.
gumption. By its employment we have been able to prolong the
esistence of many sufferers already arrived at the last degree of
exh*WeLiOu."—Sold only in Capolll4/4 bottles, 21. Id., Is. 9d., and
95., by Dr. de Jcob's ota, Apgar. Haddad, dad Co., 77,
Strand, London. and —Vidnetisement4

PROM LAST ITTGHTS GAZETTE.

[NAME OP soucrrou AND rowan 'Arno:arm To EE
OBTAINED AT THE OFFICE OP THE OHM BIGIbTEAE,
coon OP ELNICROPTOT. BAALIO/ILLL-*TIXT.I

RICHARD Lramox Wooie,iiiii.leCiireet, Pimlico, clerk in a
public oMce, to surrender June 30, at 12.
THOMAS TsssiLLL, Faith, Kent, victualler, June 30, at 12.
WILLIAM THOMAS Ciareß, Fulham, mlllet's clerk, Juno 30. at 12.
THOMAS CULL, East Pixieish, Kent, farmer, June 30, at 12.
King's-road, Bedford.rovv, general sbop keeper,

30G- 30, SA
PRIOR-RICK ARMSTRONG, New Southsca, Hampshire, dockyard

clerk, June 30, at 1.
EMUS IIeaTOGS Won WsALIO, Vrestbournit-park.road, Bays-
water, spinster, June 30, at 11.
JOSsmiLOUTS, Great Wlncheeterotreet, City, commission agent

for wines,.ltuia 120, at 2.
STIEPHEN HATMAX, Spencer-terrace, Islington, Late providon
. .

,
merchant, June 29, at 1. . -
CILAMAS 1300101 k, Devonshire-grove, 01.1itent.road, commission
. _

agent, dux 26, at 2.
CARL LUDWIG KIARDWORTR, Maaehesterwtreet, Manchester-
square, professor of music, June 29, at 11.
THOMAS GAZDARR, Brunswick st.,BiackwalLbuicheraUns Wont 2.
JOHN BAYLIS, Arthur-grove, Kestish-town, late ships steward,
June 9R. at 2. . . . .

Juiril
_/.7;4171er5., Shlileywlck-place, Old Kent-road, builder.

June 29, at 2.
GoCRIA, Low Layton, Ease; botcher, Jane 99. at 1.
BARII.II ISHlPwatatie, Randolph-street. Camden•town, working

jeweller, June 29, At 12.
MITITARD, Manor-cottages, Kennington-oval, ware-
houseman, June 29, at 2.
0110X03 SIONCL HERILELNY Minim, Charlton, Kent, examiner
of military ,Lorca, June 22, at 11.
JOscrii Paitnitiyos GROolit, Pentonville-rd., bullaer,June 30,at 2.
JOHN PAOS, Mount-row, Islington, confectioner, June 29, at 11.
13anCM. reolias, New Crow, Kent, assistant to a hoaler,
June 29, at 11.
JOHN itATNEW CHLPHAN, Denbigh-place, Pimlico, clerk at an

hotel, Jane 90, at I. . .
JOHN CLIMBER BERNER, Harp-alley, Farlingdonatreet, baker,

June 30, at 1. -
EMMY PIUIDIAICi ROHN; Upper-street, Islington, muter
mariner, June 30, at 2.
HENRY win. Luther-lane, bootmaker, June 30, at 11.
JOHN PLIMILLIM, liennonuseyat., lestber dresser, June 80, at 1.
JAMAS NICHOLAS KRIIIIsy, Cathanneatreet, Strand, clerk in the
Peet-odic& June SO, at 12.
Janie Team, New Cross, Kent, baker, June 30, at 12.
iLDlVAlDßltomii,CharleapL,Hampstesd.rd., masen,June 30,st 11.
JAMES JOHneon, Whestbamstead, Herta, victualler, June 80,at 11.
Unlit OMMOZ Bair. Fulham-road, onefechouse keeper, June
110, at 12.
WILLIAM MUM Jusim, Piccadilly, upholsterer, June 30, at 14.
JOHN POMILL, Abergairenny, coal merchant, June 28, at 11.
WILLIAM CTPRIA MuELIIB, heath, Glamorganshire, lime burner,
June le. at 11.
HENRY lime DROWN, ht. David, Devonshire, clay merchant,
July 3, at 11.
Jolts Atniuunar, Leeds, beerhesee keeper, July 2, at 11.
Amnon! Owens Warnixan, Leeds,clotn umnuser,J One Mkat 11.
JOBS GILMIRMT, Birstal, Yorkahlre, manufacturing chemist,
June 29. at 11,

ADAM CLAIM Maar, (Bamford Brigp,
Joy 1, at 12.
Joao BROGAN, Manchester, painter, June 30, at 11.
Joan 11171/OX, Bszenden, Lancmh.,ootton spinner,J une *,at 12. I
Jos EDWARD OLIDIIII.L, Rochdale. plumber, July 7, at 12.
RICHARD EMMAUS, rhillack, Cornwall, butcher, Juno 27, at 11.
Gioleta ('MARL, Wakefield, Yorkshire. hawker June 30, at 11.
Joan BROWNE, boutheea, Hampshire, builder, June 20, at 11.
Joan Kingston.upou.Hull,auctlonear,June Mat 11.
'AMIN BATLEY, Wilmslow, Cheshire, Journeyman bricklayer,
and ELIZABRIM Boni! (admlinatraMin of William Bowkar),
July a at it
Blau*, TOLIMA GM; Chichester, botcher, July 1, at 10.
/MPH MIDGES, Bursiem, Starfordsh., bandmaster, J use 27, at 12.
PAMIRS ETDRR, Bury, Lancashire, provision dealer. Jury; at 11.
JAMES BARLOW, Bury, Lancmh., cart sheet maker, July 2, at 12.
BM, AMR BTOCILRY, itenn,Boinersetsh.,beer retailer, July 3,at 12.
THOILMI WARDLI, Bristol, ease dealer, July 11. at 12.
Jona EARCANTRIL Northwich, Cheshire tea dealer, July 4, at 11.
THOMAS &Mot* Imwford, Brea, farrier, July 27, at 116.
ZACHILILIi EGGIRO YoilesoUDl D'Arey, Fate; dealer in
pigs, Jun* 26, at 10.
Joint ORMEROD, Bradford, warehouseman, July 22, at 101.
WILLIAM Bono, Pranith, Cumberland, and Cliburn, Westmore-
land, livery /enact, June 27, at 10.
!imam YONSSZR, Leek, Staffordshire, bootmaker, July 2, at 11.
NYLPHES ENGLAND, Featherston, Lancashire, Joiner, July 1, at 11.
BMW* LOCK*, Btokoupon•Trent, labourer, June 20, at 11.
LAST KRAMISATIOIYB. _

i, millwright,

July & P. Ayers, Beigate and Mitcham, road contractor—July
& Z. Chapman, Norwich, scrivener—July & Lisa Ashford.
widow, Moreton-place, Ilmlrco —July & W. Ball, Middle-row.
Holborn, bookselier—July 7. K Lloyd. Pennant, Mont-
gomeryshire, innkeeper—July 9. J. Pilkngton, Blackburn, Lan-
cashire, joiner—July 6. T. Brooks, Birthwalte, Westmoreland,
tailor—August 6. J. Constable, Bishop's Istortford, Herts. dealer
In marine stores—July 22. B. Cumming, fiebergham, Cumber-
land, bona manure dealer—July 25. W. Anderson, Southampton,
stationer—July:l. T. Vain, Fremantle, Hampshire, sawyer—
July 25. P. Klag, Shirley, Hampshire, horse dealer—July 21. K.
J. Locoing, Southampton, hatter—July 21. J. Soffe, Fritham,
Hampshire, dealeNuly 10. C. Swennack, Laughtoe en-le-Mor-
then, Yorkshire, tailor—July 10. J. Yowlston, Masbrough, York-
shire,groner—July 10. A. Reckless, Rawmanh; near Rother-
ham, Yorkshire, beerbouse keeper—July 10. 2. B. Bawling,
Swinton, Yorkshire, bendrouse keeper—July W. B. Kirby, 81.
Beets, Huntingdonshire, rep maker—June 21. B. Tunatill,
Burnie , Lancashire, late innkeeper—July 02. W. Lever, Bury,
La , cab propnetor—J Wy M. S. Piddleeden, Newchurch,
Kent, labourer—July 16. H. Bparke, Boated, Dues, miller—July
&J. White, Stuckuall torkard, Not2inghainshlre, butcher—
July rt. W. Rose, Notting..am, naturallat—July 16. Barnett
Keniston, Bath, ladies' hosier—July 16. N. Batter, Bath, plasterer
—June SO. J. Rock, Rowley Regis, Staffordshire, nail manufac-
turer—.l Wy 18. Elisabeth Ctisby,Corringbam Parish, Lincolnshire,
farmer—July 7. W. 11. Bennet, Lincoln, labourer—Jul/zlilr. J.
Powell, Little Dawley, thropahne, chariermaater—J LC.
Shrewsbury, painter—July 23.W.Kirkby
Stephan, Westmoreland. carpenter—July 2. R. SummersldlL
Great Orimaby, carrier's agent—June 2e. T. Ramsey, Pemenhall,
Suffolk, wheelwright—July 18. C. E. Gardner, Paliprion, Devon-
shire, saddler—J sly 18. J. T. How, Tutors, Devonshire, boot-
maker—July 8. S. W. Reddish, Nottingh an, engineer..
BANK BC PICIES
_ _ _

'hips 11. OEOIIOI7-ialat-7i -1101.111071;04010.1.0;4, 14041thWitril,

Importer of fancy wood.
May U. ED W lAD MARDIS ELDR/D, Bonham, Sussex, vettetary

siargeon.
June 11. Jinn Sasw, Bimini, Yorkshire, cotton spinner.