The Express.
London, England, 1852-06-14 00:00:00

qualities. Giro my brat love to dear Mts. Beale,
Mat is, and little no..i 1 r Loll look forward to •
lappy meeting with you all in dear old Enalattil.
Mat is mid llehr;, tt.L t!,,,re 110 it arses st love to Al, and
believe inj dear Mr. I.le.de, yours most sine. rely,
C.STII Ent N. e. II AV Ea. l' S. 11, )0U nut ice an itaprovo.-
ment in tay C ? I hare writ:, o ..0 Loony autographs that it
has gamed an additional Hound% by practice. Adieu, then,
dear Mr. Beale, say all happinees be yours. Kindest
regards to your dear father." Mr. Beale proceeded to state
that Mr. Wardwell so. unable to fulfil hi. agrecnut, awl
that be had written to lie Joy as the agent of Mr. 'kale
to release him trotu the agreement, which was discussed
hetweer the pieties lie then proceeded to state that
Wardwell made overtures to Miss Hayes to induce her to
commit • breach of her agreement, the result of which they
contemplated to be that Beale would forfeit 4,000'.
to Mr. Wardwell as clamarca, whereas Mini Hayes
would forfeit 3,0001. only to Beale ; and further pro-
posed to indemnify Mts. Hayes, and to engage her at
an increased salary, and that Miss Hayes broke the engage-
ment with Mr. Beale in conipluince with this proposal, and
then entered into a new rugagt meat with Mr. Wardwell,
under which she was ',retaining in the United States.
Mr. Beale also allegi il that the alleged misconduct of Mr. '
Joy was • mere subterfuge, and that the only reason of !
Miss Hayes was oa. It interr.t." Mr. Beale stated that in
pursuance ot !rho ilayes's request, he had paid into the'
Union Bank, London. sums of money to her credit on ay-
count of her salary and otherwise, to the amount of 1,3001.,
which was the amount he had attiched. He estimated the
loss in himself, as arising from the breach of the agreement
by Miss Hayes at 8,0001, and stated that Mr. Wardwell
had commenced an setion against him in the Court of
Queen's Bench to recover the 4,0001. penalty, for the breach
of the speement with him.
Mr. Joy, by hi. affidavit, fully confirmed the defend-
ants's statements, and denied the truth of the allegations
respecting his conduct, which he designated es ..wilfully
false, malicious, and scandalous." Ile also deposed that at
an interview which he had had with Mn. Hayes, at her
reqm•st, on the 10th of November, at New York, when she
broke the cogartement, he remonstrated with her, and that
in reply to his inquiry she said die had received the'
greatest kindness and attention from him, but she con-
sidered the breach ot the contract with Mr. Beale a mere
question of money, and that her reason for breaking the
contract was a regard to relliatercat.
Mr. Guernsey, by hi. affidavit, stated that Miss Hayes
was aware that Mr.-Wardwell wee to milli.% Mr. Beale r
moth as 1,600/. month for bee, fleas
_'s), Seale
sad that she had been so informed beams leMiamenh
Mr. Buena sad Mr Cotton appeared ha support ef Ow
motion. They submitted that all the questions between
Mr. Beale and Miss Hayes were properly the subject for
decision in this court ; that the agreement and sub-agrew
ment in their terms giving snob large advantages to Mr.
Ilesle, were open at least to the question of fraud, and
asked fur an injunction restraining the defendant, Mr.
Deals from proceeding in the Lord Mayor's Court, where
he would otherwise obtain judgmeat seat Tuesday; and
also from proceeding against Miss Hayes I. AlatTial.
Mr. Matins and Mr. Chapman Barber opposed the mo-
tion for Mr. Beals, and insisted that the lineal of agree-
ment by Miss Hayes was the result of colloid= between her
Wad Mr. Wardwell, and submitted that this court would
sot assist a plaintiff so acting.
Mr. Stevens appeared for the Union Beak, and submitted
to do whatever floe court might direct.
The Vice-Mffraellor said it appeared that Mr. Beale had
• dressed ameba the plaintiff, Miss Hayes, under a rose
treat emenesi Me with him. That was -a legal deemed,
end plea tad& 11r. Beale Will 'added to all the remedies
IMO would result from that legal demand Mr. Bade
Onp sea 'tieing the plaintiff in the Lord Mayor'. Court
soma* in America, and the plaintiff asked an injunction
In sottein both these proceedings, for reasons, of which the
ebbe irk that the contract hid been obtained by fraud
egil lithrepargratisa. That would certainly be a good
=l=4: it were proved. His Honour would
upon the affidavits, because on this
pad the me they were all on one side, but it was
=for Idasay that there was no evidence before the
it is
indent him to act upon the allegations of fraud and
Manwpowentation. The second ground taken in 03
Isoslet et the application was this, that Warder
bs had estseed into the contract with Beale,
nieigned OM bonen' of the contract to Anthony, and it wen
Alga diet Beals had broken his contract with Anthony.
kem is wand that Anthony was suing Beale m Ameba.
end grosollegs to attach the amount claimed by Beth as
citiais musty in the bane of the FLAMMOsO
prose Os ere it was said %halite gliatiff sae Se b
brie Ilsele and to Anthony. by MOM Olt tlio ottadielellit
Aslbemy has issued in America. The would be an oak
near mese of interpleader, and the glartiff would be au-
ad Se relief is the usual form, but Ohm the plsistiff in an
Ininegkeidee nit, as a preliminary to .1111111 the 11111160•1111111
aft enest, must make an affidavit Oat dims we se emir
mks midi the defendants in equity. Now, oiNboot rem-
menting ipso the evidence, he certainly miLt_lay that no
sea Minh as that had bees made, and be doubted from
whet MI already been sworn whether any allidarit could
be swat is the effect that there woo so colludes between
ii. moo .1 Wardwell or Anthony. His Ikawat did
ismillehem thee ground that the plaintiff wee entitled to
en Asthma' might be made a past et the ro-
la*. Lend Mayor's Court it the plaintiff desired
it. JOs dramatances, he should refuse the is-
j•

COURT OF QUEEN'S BENCH.—BATBILDAT.
aneteei• is Maeco.—Baruse Limo Cearasit, Ma. Joerica Ooia•
arms, Ma. Janice Ea, a, API, Ka. Jeans, Caosireos.
Ties GirdillN, ON THe PIUNINCIITIoN Or Tea POOL LAW
Bowan T. THa VISTATIMEX OP ST. PANONAS.--MAN-
MINUS.
A role ailli bad been obtained for a mandamus in this
ease, econntacuting the defendants to admit Mr. Zston to
the exercise of his duties of master of the workhouse of Bt.
Pancras, from which office he had been dismissed by the
defendants without the eunetureass of the Pose-law Board.
Sir A. Coekburo, ea behalf of the defendants, said that,
looking to the decisions of the court in similar eases, he felt
that he could nut resist the rule being made absolute. The
veatymea mid directors of the parish fel? that they ougbt to
maintain the authority vested ia them by their local act,
and which they had been sworn to do. They felt, how-
ever, that they could not resist this rule, end therefore it
would tie better that the writ should issue, and the matter
take its usual course, in order that the question of how far
the vestry was vt be absorbed ankover-riddui by the Poor-
Law Board ought be raised.
BM. absolute.