The Express.
London, England, 1863-01-23 00:00:00

THE EXPRESS, FRIDAY EVENING, JANUARY 23, 1863.

F pram t and received the company, and conducted himself
with perfect propriety. He also stated that his general re-
marks were of • sensible and intelligent character, and such
as one would expect from an intelligent person. Mrs.
Daubeoy, his wife, contrmed the evidence of the hus-
band. Me visited at Burderope Park from 15.37 to 1839
healusive, sad whenever she saw Mr. Lovell he was
perfectly sober. He conducted himself in • gentlemanly
manner, quite consistent with the rank and position he
held in the neighbourhood, and his 000vereation on all
these occasious was sensible and intelligent. She never
observed ant tbiog in his demeanour or conversation from
which see would Dave inferred anything but that he was
competent to transact business. She added—" I used to
meet several of the neighbouring clergy and gentry at Bur-
derope Park, but I believe most of them, if not all, are bow
dead. I
slightest idea, that Mr. Lovell was considered by any one to
be incapable of taking care of himself, or to be otherwise
than of a perfectly sound mind, and fully competent to at-
tend to matters of hulloes.. If any of the clergy or gentry
who visited at Burderope Park had • contrary impression
to this, I have no doubt that from frequently associating
with them at other places I should have been sure to have
heard of it, but I never did bear anything of the kind."
• Mary Bosley, cook and housekeeper to Mr. Denison, con-
firmed that statement. This evideoos was surely sufficient
I to show that the statements of the plaintiff as to the habits
of Earl Henry were to be received only in a most qualified
and guarded manner. But not only was the idea that ha
was constantly intoxicated capable of refutation, but there
was evidence, and that written, which showed that the earl
I was of good basilicas capety. The pleadings teemed with
I letters from Dim making persevering inquiries as to
, the state of his affairs. A correspondence between
himself and the Misses Perceval with reference to some
i family dispute was indeed conclusive of the matter. On
the 28th of July, 1837, Miss Margaret Cecil Permed wrote
to the earl the following latter :—•' My Lord,—l enclose
you a copy of a letter from Mr. Timmy, and beg to know
if we are to consider that it expound your sentiments. If
it does, I have to observe that it differs from those of our
legal adviser, and we shall, of course, premed accordingly."
She wrote to hint as if he were • stranger, but he addressed
her in reply more as a relation. On the 24th of June he
wrote :—" My dear Him Perceval,—l have to acknowledge
the receipt of yours of the 90th isetent, and to aware
you that the letter of Mr. Tierney does express my
sentiments. It appears to me so evidently just
that in • ease where moneys have been paid for
interest beyoad the rate reserved by the securities, the ex-
cess should be applied towards the redemption of the prin-
cipal, end I am surprised to learn that your legal adviser or
advisers do not agree with Mr. Tierney and myself ; at the
same time allow tee to suggest whether it would not be more
1 friendly and wise to have this disputed account quietly
' arranged without going to law. This is a matter of coned*.
ration which I leave entirely to you. I cannot, however,
waive anything with respect to what I consider myself
justly entitled, nor wish that you should reoeive more or
less than the sum most exactly due to you. I must express
my deep regret that this unpleasantness should have
occurred, and, with kind regards to your sisters, remain
yours sincerely, " &morn."
This letter was sufficient to settle the question whether the
earl was competent to attend to business mattes'. It am
marked by great propriety, and was faultless. It was just
such a letter as • gentleman not actuated by stainer motives,
but keenly alive to his own interests, would write under
the circumstances, and would 'study anyone that he was
not only intelligent, but shrewdly intelligent. Having reed
several other letters, be said he would not trouble his
honour with any more, but would give a numerical sum-
mary of them. In the printed oorrespoedenoe there were
143 letters written by Lord Egmont, when Lord Perceval,
and afterwards, to lir. Tierney. Of these 51 were written
after he succeeded to the earldom, and the rest before.
There were also about 27 written by his lordship to Mr.
Woodgate, or his partners or clerks. Other letters from
him had either not been preeerved or were not forthcoming.
These letters were quite sufficient to convince any
tee that until the time of his death Lord Fet
mast have known, and did know, more of the details
of his own affairs than most person did whose affairs
were is such • state of complication and intricacy. With
regard to the second tion, all these letters showed
how constant and how cent were the earl's inquiries
into his affairs.. It too in oedema that the ac-
ati
counts of Sir Edward • y were open to the inspection,
not only of the earl, but of those who acted as his advisers,
and who either did not do their duty then, or, if they did,
could not now be trusted when they alleged ot those ac-
connte bad not been properly submitted to the earl's con-
sideration. There remained then the question arising upon
the will itself. At the outset it was to be observed that,
considering the circumstances, that will was such as might
be expected from a man placed in the earl's position.
The will was in favour of three persons—Mr.
Battanehoo, Mr. Simmons, and Sir Edward Tierney.
As to Battanchoo, the dispositioe in his favour
exactly fulfilled the intention of the earl deliberately
formed and expressed immediately after be succeeded to the
earldom. &mambo° was a young man of like mind, of
infirm health, and of irzegubz habit; and probably was net
better for being with the earl at • time when he indulged in
intemperance. It could not be said thee the earl acted
unwisely in making that dispoetioa, ammo= had been •
clerk, and was of assistance to the earl is constantly for-
warding kis letters to his secret address. There was nothing
improper in giving him 5001. With regard to the rest of
his property, supposing there was no one eke in the world
who had • superior moral claim upon him, it woe perfedJy
exiantent with all probability that the earl should dispose
of it to Sir Edward Tierney. Mrs. lice being dead, he
had, in truth, no other friend except hire, and there was
nothing to make it probable that he would have preferred
any other persona. There was nothing wonderful is his pre-
ferring Sir Edward Tierney. Grime le had hese anxious to
keep the property in his ownpaternalfamily,andhad a regard
for his own relations itseed very likely that he would &sleet
Sir Edward, hadwbo long transacted his burinses affairs, and,
in any view of the case, pommel his coofideoce iodate= ;
who, together with his brother, had advanced large mom at
the property, and had therefore • peat stake in it, and
who bad contracted intimate and friendly relations with all
the tenants. Before ever he had been engaged in the earl's
business a friendship bad subsisted between them. He was
Crown solicitor far the north-west district in Ireland, hod
bees 27 years is large practice as • solicitor, and wee • most
4111i110111t man in his profession. Sir Edward Tiessey and his
brother Si: Matthew, became in early life acquainted
J with ohn Visconot Perceval, sod this intimacy
ripened into friendship. Sir Edward's eldest son
was christened Perceval, and one of the Permed
family stood as godfather. Then came the question—
wee it more probable that the earl would wish the pro-
perty to descend to his bein-atlaw or his patina rola-
tioes The earl was abandoned by his own family.
Ceesiderieg his habits, but few there were who could blame
them. Rightly or wrongly, however, he was by his rela-
tions left alone in the world. Could it be wondered at then
that he should dispose of his property to Sir Edward
Tierney, who bad throughout stood by him, who had
for him with prudence and care, and who had not
shorn from from remonstrating with, nay, oyez rebuking him
on the subject of his failings and vices. The will, therefose,
was such • one as might have been expected. It was pre-
peed, too, is no hole and-corner way. The earl had the
advice of the very Mr. Parkinson who was now =peening
the presset plaintiff's case. The subject matter of the will
wee discussed by him both with the earl and Sir Edward
Tierney, and the propriety of • larger allowance to &eau-
, Shen considered. Beyond putting in • few words to make
the gift to,burself monicker, not to alter the effect of it,
Sir Edward had nothing to do with the prepara-
tion of that document. This disposed of the last
point raised by the plaintiff. There remised only
some vague allegations with reference to the value of the
L estates. Those estates io Ireland had undoubtedly in-
creased in value. la passing from Earl Henry to Sir
, Edward Tierney they had passed from the spendthrift sad
. raised absentee to the resident proprietor sod
themmkation
capitalist.
[ That Sir Edward had done moth forwas
I indeed notorious, so well known, in fact, that several years
before his death the tenants addressed him on the subject,
and presented him with • testimonial of their roped aod
, esteem. Under all these eircumstaaces there could be no
, doubt but that the plaintiff's case broke down, and that
. the bill ought to be dismissed.
, Sir Hugh Cairns, Mr. Giffard and Mr. Wickens were for
, the plaintiffs ; Mr. Alfred Bailey appeared for some de-
feudeate in the same icterest; the Solicitor-General, Mr.
, Jsznea;sod Mr. J. Pearson, were for the defendants claiming
i under Sir Edward Thelon.
a The Vice-Chancellor reserved his judgment.

The Lord Chief Justice said 19.2Ptbs of the commissioners
for taking affidavits in one court were commissioners for
taking affidavits in the other courts also ; and unless it was
shown affirmatitely tbat the gentleman in question had no
authority to administer the oath, he should not hold that
the bill of sale was Invalidated.

Ruledischarsed
Sitlinp at Nisi Prins, in Middlesex.—(Before Mr. Justice
Bytes and a Common Jury.)

TWICZDT V. MILIOXIOL-DIBIIIBSILL OF AI ♦BBIBTVT-
IICHOOLYABTO.

The plaintiff in this case was a young man who had been
engaged through the agency of the Semetmry to the Colley of
Preceptors as &existent in • school kept by the defendant
at Torquay, the terms being 50/. • year in addition to board
and lodging. The engagement was io January, 1864 and
the plaintiff's case was that it was • yearly engagement,
yet, notwithstanding this, be was discharged at the end of
the first six months. The defendant justified the dimming's'
upon the ground that the plaintiff had refused to obey his
resonable order.
Mr. Chace Russell appeared for the plaintiff ; and Mr.
Collier for the defendant.
It appeared that about a month after the engagement
the defendant complained that the plaintiff had not paid
: attention to the defendant's portion of the school
e.iiorri; the defendant's temporary absence, arid that on the
following day the plaintiff refused to call the roll of the
school before taking the boys for a walk. The defence was
that this was not a reasonable order, and further that, even
if the plaintiff had done wrong, his offence bad subsequently
been condoned.
The jury found for the plaintiff—damages 271. 10a.

Old-street, Sboreditch. This mss came is sad bed some
words with me because I would not consent to live with
him. Soddenly he emptied the contents of a tumbler,
and then struck me violently with it on the forehead.
II had the wound dressed. (Complainant's head was ban.
dastlk.
Smith, barman at the house mentioned, corrobo-
rated the evidence, adding that the force of the blow
smashed the glue.
Prisoner—She stole • shilling from me, and got hart in
my struggle to get it from her.
Complainant—Not anything of the kind occurred, sir.
Roffey, 419 N—l took the man, sir ;he is very well
known. _ _ _

Sergeant Evans, fI Division—l know him to be out on a
ticket of leave, and a desperate fellow he is—three times
has he been taken to the Old-street station-house for as-
mults upon women who did not afterwards appear against
him. One of them was laid up in the hospital from a blow
he gave her with a poker.
Prisoner—l my this one hurt herself, and as to my beings
ticket-of-leave, why—l'll talk to you (Evans) some other
tame about that. . . .

yr Too ke—Whether you are or not is no element in
this matter, but I am satisfied that this is the fourth time
you have indulged in violent assaults upon women, although
perhaps the first for which you have been brought before a
You will be imprisoned for roar months with
bard labour.

Hasten Martin, charged last week with steeling 101.
worth of gold plati, the property of his employer, a Mr.
Elliott, den t, of Finsbury-squire, war brought up oa
remand.
Mr. Cooke (to prosecutor)-1 think that you stated
on the last °mask* there had been more than one robbery
of gold, How much have you loot in the whole !
Mr. Evans—l do not wish to state—because--
Mr. Cooke—Reeve what ! _

Yr. Enna—l would request your merciful jadgmeot in
this came, air. The young man's friends are very respect-
able, and he ia but recently married. I beg to decline going
into further evidence against bin..
The prisoner having pleaded guilty to the charge,
Mr. Cooke said—l am fearful that it is not quite my duty
to deal summarily with you. This is really a very lament-
able case. You are young—apezt from temptation by neces-
sity— aurrounded by willing relatives, and yet just after
marriage systematically carry out these robberies upon your
employer, a gentleman who now even most mercifully in-
tercedes for you. It is only on account of that inter:onion
and the respectability of your family that I consent to the
charge being settled here, and order that you be impri-
soned and kept to herd labour for the period of six calendar
months.

The primmer afterwards stated that be had disposed of the
last " lot"-101. worth—for 21., to a reawar at the Week-
end, whose name he save.

During the last eight years aAfiu Robiason has bees re-
peatedly charged at this court. She has loeg been impressed
with a notion that she has been defrauded of ysoparty to a
large amount, as sbe lays claim to the ownership of many
mansions in Balgrave, Chester, and Raton aquaria and, io
furtherance of her alleged rights has repeatedly caused
annoyance to the occupants of hour there. Yesterday
morning she went, accompanied by twenty or thirty
" roughs," to No. 3, Patonequare, in the occupancy of a
lady named Buller, who is out of town, and, turning her
@emote out, took poneorion of the place. Information was
forwarded to the polio., and inspector Howard, of the B
division, having sent a party of constables to see that the
house wee not plundered, came with Mr. Freeburg, Mrs.
Bidler's agent, to this court to solicit the magistrate's
advice.

Yr. Poynter inquired whether there wee any riot.
Inspector Howard replied that there was no riot, but
there were • great many people outside, and the neighbour-
hood was much disturbed.

Mr. Poynter did not see bow he could take upon him-
self to interfere. He suggested that the course which be
should adopt, if it were his own home, would be to desire
the intruders to hare and then eject them, using no more
force than was abealntely neosessuy for that wpm. If
there was any rmistance, there would be an assault com-
mitted in law, and if the parties were brought before him be
should feel no difficulty in dealing with them.
Is the course of the afternoon Inspector Howard returned
to the wart and stated that, agreeably with the magis-
trates advice, Mims Robinson and the whole of the men with
heeled been expelled, and the lady'. servant& reinstated in
the house.

LONDON, BRIGHTON, AND SOUTH COAST

Y.

It The report of the direetore, to be submitted to
the meeting on Thursday next, had ben imoed The
aecouats for the ball-year Seeding 31st December, 1862,
are subjoined, and show the following results :—The
amount of capital mined to the 31st December, 1862, is
10.743,258/., mudding of—Ordinary stock and glares,
4,705,4734 • preferential stock sad shares, 3,339,0004 ;
mortgage debt, 1,717,6754 ; debenture stock, 981,1104 ;
total, 10,743,2584 The amount of capital expended during
I the half-year is 291,5311. The reduction in the rate of in-
tenet on the mortgage debt still continues, and the amount
of debenture sleek issued has reached 981,1101. The loans
i falling due at di and 6 per iota. hard: been renewee at 4
I per
re cent., and tduecaed from 47.clus. ax last rebenture sprrte her
d, to
41. Os. lid. per cent. Therms revenue has been 55111,5621.,
showing ao in of 53,8211. over the corresponding half.
year, nearly the whole of which arises in the coaching traffic
and tolls. The revenue for the year has been 1,025,4234,
or 77,3031. in excess of that of 1861. This increase may to
chiefly attributed to the development of traffic at the Vie-
tone station (as anticipated), and on the suburban lines,
aided, to some trifling extent, by the International Exhibi-
tion, from which, however, this company derived little ad-
vantage, particularly as its share in the continental traffic is
but small. On the whole the results of the past year must
be considered satisfactory, as indicating that the policy of
the board, in cautiously extending the company's system of
lines, and in affording constantly increased facilities
to the public in the districts which are served
by the railway, has been productive of beneficial results.
The increase of expenditure arises from 'event causes ;
oannly the working and maintenance of the now completely
opened Shorehrun. Bonfield, and Horsham hoe, the extensive
renewals in the locomotive department, and the augments-
Hoe of taxation, • charge entirely beyond the control of
the directors. Besides these items, the injustice inflicted on
railway companies by the exorbitant claims for injuries to
has necessitated a sum of upwards of 16,0001.
Croirigileariced to the debit of the half-year's revenue. There
is also an additional 6,0001. in respect of the permaaeet way
improvement account, the increased roost* Laving enabled
the directors to place 10,0001. to the credit of that meow*
instead of 4,0001. usually so applied. Some of these charges
are therefore exceptional, and a diminished outlay may be
anticipated during the current year ; at the name time no
expense must be spared to maintain the Roe and the plant in
their present high state of efficiency. The reveries
account for the put half-year has also been subjected
to an increased debit, inasmuch as interest on
the cost of the Shoreham, Henlaid, and Horsham
line, and other completed works, he., has now
become • charge upon revenue. The directors have at
last anooseded in completing the Croydon and Balhani line,
which was opened for public traffic ou the Ist of December
Wt. The distance from the Victoria station to all
the main and oast lines is now the same as from
bridge, and the time occupied in performing the journey*
from the two termini is identical. Greater facilities are
thus afforded to the public who use the Westerid terminus,
and these will shortly be farther increased when the third
line of rails from the Balbam junction to the southern bask
of the Thames at Battersea is completed, and the main
line trains thus rendered independent of the large suburban
traffic. The West London Extension line is also completed,
and will be opened without further delay. A connexion
with the whole of the railways north of the Thames will
then be secured, and, in addition, the inhabitants of the
western ports of the metropolis will obtain, by means of
this company's trains to and from the Kensington station
in the Hammeramithroad. • direct communication with
the whole of the districts served by the London, Brightoa,
sad South Coast Railway, while a further large traffic may
be anticipated from the new route so opened in coosexioo
with the North London Hue, forming, with this company's
suburban lines, an outer circle round Leedom. The works
on the line from Pulboriugb to Ford. sod on the Little-
haniptoo branch, are progressing rapidly, sod the lines will
be reedy for traffic donor the ensuing summer. The former
will complete a new direct route to Portsmouth, shortage(
the distance by nearly ten miles, a result which, while ma-
terially improving the communication between that port and
dockyard and the great Arsenals on the Thames, will give
greater facilities to the general traffic of Bognor, Arundel,
Chichester, Havant, and Portsmouth. The Littleberopton
branch of about two miles will give seems to that excellent
harbour, which, it may be fully expected, will obtain ite
doe share of the traffic to the Channel Islands and the op-
posite coast of name, to which it is the nearest port on
this part of the coast The works on the South Loudon lies
have been let toaraspoosible contractor, whoenll proceed with
energy. The purchase of the property for the enlargement
at Loodon-bridge, rendered necessity by the constructiou
of this line, is being rapidly proceeded with, and that work
will beat owe commenced. The new street from thence to
the' Blackfriareroad is making rapid progress ; • further
section has recently been opened, and the access from the
westwardolready much improved. Preparations are being
made for securing the steam vessels necessary for conduct-
ing the traffic between Newhaven and Dieppe which will
shortly fall into the company's hands, conjointly with the
Western Company of France, and one vessel bas been de-
livered. The amount of capital embarked by this company
will be small, while experience proves that such outlay will
be remunerative. The directors have felt the necessity for
extending and improving the company's suburban system,
and they have accordingly taken steps to obtain powers
from parliament to carry the South London line through
Streatham and Mitcham to Sutton, with a branch to
Tooting, and thus materially shorten the distance to those
and the adjacent localities. Beyond this the scheme will,
with the proposed deviation of the South London Boa
at Peckham, and the line from Leatherbead to Dorking, for
which powers are also sought, form an alternative route
between London and Brighton. In order to complete this
route and to accommodate the additional and suburban
traffic about to be brought on to the lies at the Peckham
jiancticio, it is proposed to extend the South Loodon line to
London-bridles by the ocustruatios of about one mile of
additional railway. The powers for all these works, for me-
kiln deviations at Barrington-road sod Stswarth.Loe, and
for other minor mitten, are included in the applications
now made to parliament, as else for an extension of the local
Dew Croydon line ooe mile to the southward, for the better

accommodation of that town and neighbourhood. The
partial opening of the London, Chatham. and Dover Com.
pany's metropolitan lines has demonstrated the neomnity
for the conatruction of additional Haas of rails on the
bridge over the Thames, and the line leadin to the Vic-
toria etation. The necemuy steps have been takes for
obtaining parliamentary powers, and the directors are
in negotrattou with the companion interested, with a view
to adopting, conjointly, the best mode of supplying the re-
quirement. and accommodating the largely increased traffic.
Varioneischemes bare bees iotroduced into parliament which
will require attention, more particularly one for a limo from
Beeken6in, planing to Lewes. sod thence by Rottiegdean
to Brighton. The net amount at the credit of the revenue
soonest is 170.6131., out of which the directors recommend
the payment of a dividend of 3l per cent. for the half.year,
payabletas the 12th of February, amounting to 162,253!.,
leaving a balance to the credit of the current half-year of
8,3601., sad melting the dividend for the year 1862 amorist
to 6 per oset. Two of the directore—earnely: Wriliam
Coningham, Esq., M.P., and Peter Rodbell Laurie, Esq.—
go oat of office by rotation, and being eligible for re-election
will offer 'themselves accordingly. A special meeting has
been convened to be held immediately after the termination
of the ordinary meeting, at which it is proposed to submit a
resolution authorising the number of directors to be in-
creased to nine, as before. This step is taken because the
increased business of the company may render it desirable to
call in the assistance of another director, and the board con-
Mier that it would be useful that they should posse,s the
necesaary power if such a step should hereafter become
expedient