The Express.
London, England, 1864-06-03 00:00:00

WI"-+-411111

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LAW INTELLIGENCE.
(THIS DAY.)

_
icerta which we _ s already mentioned
Ade lake Jibe " Wandering ia COURT OF COMMON PLMAR,
.or e.
foods of the Asylum el Bt. "We gketistl' mums in Baer Lord Justice Bile, sad
on Wednesday evening at the Harover.mauir Justine W Isme, Willis, sod Bytes.)
Boon= This eallem Is an Inetatutarn of rat ntititY 5°4 I anucarrox To mum an moan= OPT rex but%
importance. IM object (ace we leers frau the prospectus) , Mr. Garth applied for a rule calling upon an attorney to
is "to afford house, clothing, maintrare, sad adoration show cause why be should sot be struck off the Tolle dew
to oseartons children of parents who have are roved in • court • the following :—The attorney was
superior station of life, orphansor cot, and et any nation." f • received 1511. of that sum. an
After this tedentWa
At present the institution, in its towns branch. toeistetes 60 Lima several limo shoot the affair, and he mid that he kw;
boys and girls ; and in its branch at Streatham no Mee then not =rived the money, though be had in fact received it
256 children of both err, all of whom receive &liberal : sad applied it to his own use. The attorney had since be.
education; and are provided with miry wenforts Within oar bankrupt, and in the Bankruptcy Court he had COD-
hind theme Meta, sad that from 1850 he had been in a hope.
these few yeire the sum of 4,000 f. has been exploded in jew tate of iasoir
eolarging the reeenacidatior of the asylum ; sod • debt RI greets&
has thus been ironed which has rendered an areal to 1 ERENILDGI O. LATDIOL --TIN BARNSTAPLE RUCTION.
the public necessary. The " Wandering klbastrare are ! Thin was an action by Mr. Breniridge, M.P. for Ram
well known in our mural world sa • body of amateurs
__Mania,
to to moose, &mac for alleged libels Dublin:m(l in
belonging to the upper three, who gratify their love rw'ee
tha him
is
the
whetherrai
of Tros uglinton now
of music by private practice, and go about tiring ehiowte to rescind thvary SO order °Mie
.
public performances, but only for objects of be- . Jester Williams striking out some of the d
uevolenos. The ercert of Wednesday =ming wee attended fondant's plane; and, apart from technicalities, the
by a crowded and fashionable audience ; and thus the t matter seemed to eland thus. The plaintiff was a solicitor,
ginner act sad had acted in that capacity for Mr. Hedger, who wa
ettlYftenierred a "'bake"' ben*" °° • Plate" I formerly M.P. for Barnstaple; but in 1847 the candidata:
worthy chanty, but gave the company an entartarment of , toy Barnstaple were Mr. Hodipoo, Mr. Brecoridp, and Mr.
real excellentis There wee • complete and excellent Foresees, and Mr. Hodgson was defeated. In 1652 there
orchestra, conducted by the Hoe. Seymour Egerton, an wee another election, followed by a committee of the House
of Commons, who found that Mr. Bremridge had been
amateur of distinguished attainments, who played Bernal
guilty, by himself or his ageota, of bribery, and that in a
full pieces (including the overture, to the 'ream/tar.: and certain instance he had ratified an offer of
acertain sum of
Falstaff) in a superior manner; and there were • number money to a voter. Subsequently Sir E. Wilmot and two
of solo and eonosrted pieces, both vocal and instrumentals other primes were appointed 13041•ASSIOLIOTS to inquire
the exertion a which did honour to the =stew par- into the Mae of affairs at Bullets*, and they care
formers. The Duchesses of Northumberland, Marlborough, foaudatioa naaalomranathenntarg
rico
against
Yr.
mm
Bwasndgnec
and Sutherland. the Muckier= eof Normanby, the Inirt autumn there wasaneothe; election for Bare.
Countesses of Derby and Russell, end Vieoonntese Comber- staple, and Mr. Breroridge being a canidate, certain
mere, were anion the diatinguished persons present. articles were published in the Waters Tina. in which
were the statement, now eon tared of as libellous. These
The fourth New Philharmonic Concert, under articles called Mr. B emzidt• • asoarreted Mater. lad
alio charged him with having basely deserted his
the direction of Dr. Wylde, took place the same evening at former thew, Mr. Hodgson;
and deprived him of
M. Jeanie's-hall. It was • very good concert, but did not hie seat. The declaration was founded upon this
present the slighter vestige of novelty. This, to us, was no latter branch of the articles oely, and did not complain of
objection to the OSUMI ; for we cannot help thinking (as what was rid in reference to bribeiy. The defendant in
we have ekes said), that in the presort dearth of high some of his pleas, however, set out the whole of the articles,
__ sad justified ea true not only what was complained of by
genius musical romPoettion. the km novelty the better, the plaintiff, but what was said as to bribery only. There
for there are no new piers wootby to stand iu the MOM of pleas Mr. Janice Williams b his order struck out.
the old ones. But the want of novelty at these creed- Mr. H. Smith, Q.C., Mr. e, Q.C., and Mr. King.
may be remarked, seeing that it is at variance with the ton appeared to show cause against the rule; and Mr. Coln
Q.C.,and Mr. Buller to support it.
object for which they were established. They were rtcl.
or the plaintiff it woe contended that the two in
the libels were entirely unconnected, and that Inlhaearree
est agoing for the exprem purpose of making up for the
antiquated management of the Old Philharmonic Conoerts ; dent had no right to emberreas the proceedings by bring.
and now it has been found Deceseary to imitate that manage- ing both in question, and thus loading the record with
went in every particular; The principal pieces
at this eon. matter which the
been already two plaintiff
inve had no wish to contest. As to
nigatio
cert were Mendelsaohn'al (Scotch) Symphony bribery, there had in A minor, the plaintiff was ornaten t to leave the matter as inst, and
now
Beethoven's pianoforte concerto in C minor, performed
by stood. As to Mr. Hodgso u, the plaintiff had done what be
M. Jaell, and several familiar sin, rung by Mdlle. Carlotta did with the full consent of that gentleman.
Patti, Madame Nattier Didibe, rid Herr WachteL The plaintiff's counsel argued that no embarrassment
would arise from the pleas brig allowed, and that it was
but right that the whole of the statements should be put
in issue before the jury instead of issue being taken upon
portions of the articles only.
The Lord Chief Justice said that the declaration was
founded upon an imputation upon the plaintiff as agent for
Mr. Hodgson, and the defendant had pleaded that the
libels also contained imputations that the plaintiff had been
guilty of bribery, and then alleged that both imputations
were true. It appeared to him that this form of pleading
wee within the meaning of the 52nd section of the COMO2OO
Law Ptheedure Act, "framed to prejudice and embarrass
the fair trial of the ease." He thought that the plaintiff
had a perfect right to my " It is a distinct injury to impute
to me misconduct as agent for Mr. Hodgson ; and bribery is
✓ailer distinct imputation, sad I will not go into the im-
putation of bribery, bat claim redress for the imparter
upon my character as agent for Mr. Hodspou." The pro-
posed form of pleading would involve a vast expense, ad
perhaps the lose of a verdict upou that part of the car
that the 'plaintiff did not desire to go ; and he thought
that the defendant had no right so to prejudice and embarraas
the plaintiff.
Rule discharged.

Madame Swinton-Dolby and M. Sainton gave
their annual concert on Wednesda► morning at St. James's.
hall. It was one of the moat brilliant acid successful
benefit concerts of the season, the hall being literally
crowded to the doors. This, indeed, was only • matter
of course, for no members of the musical profession
are omorwfasteemed and respected than M. sad Madame
Balaton. There wee an ample, and at the same time taste-
ful and recherche, programme, and • host of the most
eutinent:performers. Among the vocalists were Madame
Pampa, Maoism. Lemmas Sberrisgtoo, Mir Malian Mom,
Madame Saintoo•llolby, Signor Hui Barak% Signor Gra-
giant, Mr. Wilbys Cooper, and the Orpheus Glee Union ; '
among the instrumentalists, Madame Arabella Goddard,
M. Pique, and M. Salutes. Among the novelties produced
on this oonesion was one—* novelty because old and
forgotten • moats by Leclair, • famous violinist
of the time of Corelli, and resembling him in style.
M. Sainte* played it beautifully, and the interest it excited
was shown by the applause it received. He also played a
Dew fantasia of his own on airs from /east; • floe composi-
tion, admirably executed. Madame Sainton (among other
things) sang the roma, " Parmi lea plows," from the
Ihiguexots, and the Scotch ballad, "Auld Robin Gray."
We need scarcely say that both M. and Madame Santora,
on their appeararice in the orchestra, received the welcome
die to their talents and position. Arabella Goddard's par-
formanoe was a fantasia by Liszt on themes from Rigoktto—
a marvellous display of execution, though the music is in
the fantastic Led bizarre style, in which that remarkable
composer is too much given to indulge.

COURT OF PROBATE AND DIVORCE.
(Wore the Jodie Ordinary.)
- - RAW O. CHAPMAN.
- -

Tbe Queen's Advocate:Mi.ls;l;ll;Z. Q.C., Dr. Tristntro.
and Mr. Miller for the plaintiff ; Mr. Hoddlestos, Q.C., Dr.
*rinks, sad Mr. Freociafe! the

'The plaintiff propounded the will, dated Februny. Igl2,
and the codicil, dated March, 1861, of Miss Elizabeth
Chapman, late of Periton Court, Weetwell, near Ashfoid.
Kent. Probate of the codicil was resisted on behalf of the
lunatic sister of the deceased on the ground of undue axe.
ratio's, want of capacity, sad undue inumes.
The deceased was the daughter of Yr. John Chapman,
who died in 1862, at the age of 74, leaving three daughters.
In the following year, the youogest,Sarab, met with au mei.
dent, and was Wed. One of the others, Catherine, became
inane, and the deceased was appointed the committee of
her porno. The two sisters lived together at Peri-
ni Court, and were patented of considerable wealth,
their property being stated to be worth 8001. co
9001. a year. By the undimputed will, the testatrix after her
▪ death divided her estate amongst a number of old
friends and servants ; but by the codicil she directed
each of her tenant. to nano the farm he held
of her, on payment of 201. to her sitter foe
his life, and on making a certain allowance
to the cottagers on each. Thu codicil wu drawn up by the
deceseed herself, who had a great dislike to lawyers, and it
was a singularly informal document. It was, however
attested by Mr. Watts, the pupil of Mr. Hart,
her man of bruin's', and one of her farmers.
and by the coachman of the deceased. Ma=
man died on the Bth of October last.
she had been infirm, but a great number of withers' de
pond to her perfect capacity ate period later than the date
of the codicil.

[liciosae maa proceeding when we went to prem.]

COURT OF BANKRUPTCY.
(Won Co-'.--
siod Faso.)