The Express.
London, England, 1863-11-09 00:00:00

SLATER C. TIIR.I!ATLIft, ETC., OP SUNDERLAND..

Mr. T. Jones moved for a rule calling upon the plaintiff
and defendant to show muse why the sum of 100/. agreed
between the wile., for damages and mete should not be
*dint° aunt and the attorney's costa paid out of it. It
appeared that Mr. Young, the applicant, was the plaintiff's
attorney, and the plaintui had agreed to terms behind his
attorney's back.
The cant granted a rule, but in a modified form, viz., that
the defendant should not pay the money over to the
plaintiff.
Rule accordingly.

COURT OF EXCHEQUER.

&Wogs io 13ancio.—(Before Laid Chief Baron Pollock and
Barons Mattis, Bramwell, and Changell.)

MOBOAN V. LINGBJ.—•CIIDN FOB EIL•NpaItBY ♦ GOVERN/3!.

This salon was tiied at the last retiree for the county of
Glostevirw, before Mr. Baron Maidn, when a verdict was
found for the defendant.

-----
Mr. Hoddlrston, Q.C. (with whom was Mr. J. J.
Powell, Q.C.), moved for a rule for a new trial
on the ground of the improper reception and
of misdirection by the learned judge. The de-
claration contained nine counts. the first four being for
slander, soil the other five for libel. The plaintiff was a
governess, and the slander alleged to have been uttered by
the defendant we. that she eras "off her head," that she
" laboured under delusions," and "was in fact, insane." The
libel counts contained several letters which the defendant
had written respecting the plaintiff to several persons. The
plaintiff wits • young lady, the daughter of a medical
man in the county of Hereford, who died leaving his family
in rather indigent circumstances, and she had maintained
herself re a governess in • family, and also in goring daily
instruction. The defendant, Mr. Liogeo, was a medical
man, in the city of Hereford, who had shown some kind-
ness to the plaintiff individually. sod also to her family.
It appeared that in September, 1862, the plaintiff, with a
friend,went to a flower show, held on the Castle-green, Here-
ford, when she touched or rubb, against Mrs. Lingen, who
also happened to be there, which guys the latter great
offence, and led to something being said ►boat
seeding for a policeman. The Dent day Mr.
Lingen, wrote a letter to Mrs. Williams, a friend
of the plaintiff, in which he said he had no doubt the mind
of Miss Morgan was seriously affected, and requested her to
write to one of her sisters and urge the family to see to her
at once. The learned counsel reel several of the other letters,
including one to the plaintiff's solicitor, dissuading her from
going on with the action, observing that the issue would be
as in the Windham case. whether the plaintiff was or was
not of sane mind, and that if she succeeded she would be
shown to be a shrew. There could be no doubt that the
plaintiff felt some soreness in consequence of • belief that
Mrs. Linger had prevented Mr. Liogen's children coming to
her and deprived her of other pupils ; but the learned
counsel appealed to the learned judge whether her conduct
in the box dil not disprove that she was a person of ill-
regulate 1 or improper mind.
Mr. Baron Martin said there was no imputation of that
kind. He never saw a lady give her evidence more care.
folly, or show a greater desire to tell the truth. but she
admitted that she exhibited her feeling towards not only
Mrs. Linger; but other ladies, by walking proudly past them
and curling up her lip.
Mr. Huddleston, having referred to parte of the evidence,
submitted that to say of a govereese, who maintained her.
self by teaching, that she was "off her head" and in-
sane amounted to • libel.
Mr. Baron Martin said he was of opinion that he ought
to have told the jury, as a matter of law, that the verbal
statements made by the defendant as well as the letter be
wrote were justified by what occurred at the flower show,
and on a second occasion at church ; but he left the whole
matter to them, and they found ■ verdict for the defendant.
The court refused to greet a rule.

COURT OF BANKRUPTCY.
(Wore Mr. Commissioner Goulburn.)
IN Cl SHAW AND SHAW.

Tbe bankrupts, Caroline Eliza sod Frederick Shaw, were
printers, of Tooley-street. This was the adjourned examina-
tion meeting in the awe Frederick Shaw. Debts, 2,935/. ;
no assets.
Mr. Bennett, for the assignees, stated that all the pro-
perty bad been swept off by an execution creditor, to whom
the banknipts bad given a bill of sale for 5001., for en
advance of 2001.
Adjourned for further inquiry.

This ens • sitting for exammetion and discharge. The
bankrupt was a bricklayer at Wormley. Debts, 2201. ;no
assets.
Mr. Begley opposed ; Mr. Dowse supported. The bank-
rupt had been requested to file cash and deficiency accounts.
These bad only just been filed, and an adjournment was
therefore asked.
His Honour et first doubted whether the rule sa to ac-
counts being died ten days beforehand applied to the sup-
plementary accounts known ma cash and defidencyaccounts;
but on reference to the act, decided that it was so.
The bankrupt, in ezmninttioo. admitted having rewired
between 50/. end 60/. in the month before him beolcrupter :
be had implied the money in payment of different bills. He
brought nothing into court.

The Commissioner—He would take we to keep enough
to pay the attorney for preparing his petition. (A laugh.)
Bankrupt, further examined, stated that hi scaffold-
ing and poles had been taken by a creditor named
Rodwell four days before his bankruptcy. After
that nothing was left on his premises. His fur.
niters had sold for H. 71. It was bought by his
wife's sister, and wee still in his poweakm. Boise other
fellatio bad been removed from his potpies by Br.
Esetwick, on the 28th of June. He claimed it for money
lent. A pooy was taken oa the same day by Mr. Asbury,
to whom be bed sold it, six months' before, for 7/.
bad also disposed of two carte to support his wife and
family.
An adjournment wee ordered.
(Before Mr. Commissioner Hoiroyd.)
111 RI A. MONTGONUT.—DIVIDIAID.
. _

This was an old bankruptcy, the adjudication baring
beau mode in 185 d. The baekropt was a merchant of f:re,it
Winchester-street. The liabilities were upwards of 80,000/. •
dividends of 17s. in the pound bare been paid, and the
meets in hand will it is expected, yield a further divideod

--11 r. iroiso appeared for the assignees. Mr. Lisidater
sad Mr. Pleas for creditors.

A oussereation arose aa to the amount of commiuion
charged by Yr. P. Johnson, late one of the official impels
of theoourt, in respect of certain consignments which, though
returned as rt of the bankrupt's estate, had been claimed
aad by other parties.
Hie Honour said that the proper course would be to
charge the some amount of commission am was allowed by
the roles and orders in the case of mortgaged property, Dot
upon the whole value of the property, but on the surplus
coming to the estate.
The consideration of a disputed proof was adjourned until
to-morrow.