The Express.
London, England, 1862-11-07 00:00:00

COURT OF COMMON PLEAS.

Sittings in Banoo.—(Before Lord Chief Justice Erle, and
Justices Williams, Bytes, and Keating.)
IeKELKEIAN T. RZNIIIS.--TNENINGEMENT OP PATENT.
The plaintiff in this ease was the patentee of an improved
kind of floating docks, and he claimed damages upon the
ground that this patent had been infringed by the defend-
ant. The trial took place before the Lord Chief Justice,
who nonsuited the plaintiff.
Mr. M'Kelkan, in the course of the present term, moved
for a new trial, and the court took time to consider the
matter. . .

Mr. Justice Williams this morning said that at the
trial it appeared that the construction described in the
specification was not novel; and upon that being
stated the plaintiff said that his invention did not
consist of the floating dock described, but consisted
in the application of iron to such construction.
The Chief Justice was of opinion that the specification did
not refer to the application of iron for making the dock ;
and the court were of opinion that he was quite right. The
specification did not meution iron, but the plain-
tiff argued that the specification referred to the
provisional specification. which last named docu-
ment stated that the dock was to be made of iron.
Assuming that the plaintiff was entitlr4 so to mad his
specification, still the application of iron was not the in-
vention claimed either expressly or impliedly ; and the
nousuit was right. Further, he would say that it must not
be inferred that the court thought that the application of
iron to the construction was an invention what could in
any way be made the subject of a patent.
Rule refused.

This morning the following notice was mined :—"Notice
is hereby given, that the court has appointed the following
days for bearing and deciding appeals from the decision of
the revising hamster, under the act 6 Vic.. cap. 18, viz.,
Tuesday, the 18th, and Thursday, the 30th days of Novem-
ber instant, on which days the court will proceed to hear
the same iu the order in which they are entered."

COURT OF PROBATE AND DIVORCE.
(Before the Judge Ordinary.)
GIMMIE r. GLEN= MID BOWLEG.

The following evidence was given this morning on behalf
of the respondents, who, in addition to not guilty, had
pleaded connivance and condonation.
Miss Margaret Jane Macrae, examined by Mr. Huddle-
ston, Q.C., for the respondent—l am sister of Mrs. Glenn.
I knew Mr. Bowles before my sister was married.
I fint became acquainted with the intimacy that
had existed between my sister and her husband on the
morning of the wedding. That was the first time I ever
saw Mr. Glennie. My sister had been living at Mrs.
Dobbs's in Walton Villas, Brampton. I was living with
my mother at Fulham. My brother lived at Bow. My
ester left home four or five years ago. She came from
Scotland and lived in different places in London. I saw
very little of her. I had seen Mr. Glennie's portrait and
heard his name mentioned four or five years ago. She bad
a gold watch and chain, but I am not aware
that Mr. Glennie knew who bad given them to her.
A week after the ma • e I saw Mr. Bowles at Somerset.
house. I afterwards told Mr. °bionic that it was not pro-
per to have hint coming to the house, for I thought it very
imprudent in Mr. Meanie to have him coming there consider.
ing how intimate mysiater had been with him before her mar-
riage. I received the letter produced from Mr. Glennie.
[lt was dated Oct. 14, 1861, and the writer mid be reganbi
Mr. Bowles as a mutual fneod, for he bad been very kind
to Bella. It referred to some false reports which bad been
circulated as he feared for the purpose of creating
a coldness between him and his wife, but he observed that
their trust in each other and in God wan too strong to be
affected by such calumnies.] I remember my sister going
one night to the theatre. She went home again after that,
I believe. I remember her ,deeping with me twice at Fe-
ham. Ooe time was on the 4th of January, and the other
was two days before the final separation. I remember that
the former of these occasions was the 4th of January
because I was in the house alone, ins mother and
younger sister being at Bow. My sister came at
half-peat eleven at night, and went away early
in the morning—at nine, or perhaps before. When
she came a lady and gentleman were with her, but
I did not see who they were. She slept with me, and went
away before I was up. I saw Mr. Glennie on the Wednes-
day or Thursday following. lie did not mention to me any.
thing about his wife sleeping out on the previous Saturday
(the 4th). Mr. Glennie left my sister at Peoge on a Wed-
nesday. I had been there on the day previous. I 'naive
they slept together on that night, but I had gone home to
Fulham.
By the Queen's Advocate (for the omrespon,lent)—l made
the acquaintance of Mr. Bowles a few months before the
•mamage. I saw him with her two or three times before
the wedding.
Cross-examined by Mr. Kerslake, Q.C. (for the petitioner)
—I am eighteen years of age. My sister 'otiosely lived with
an aunt in Scotland, but I was with my mother in Loudon.
When she came to London I believe she at first stayed at
my mother's ; but I hardly recollect, for at that time I was
a girl at school. Theo she left home, and I heard that
Mr. Glennie was keeping her away somewhere.
I had spoken to my sister about Mr. Bowler
before I received the letter from Mr. Gleams
which has been read. When we went to the theatre, it was
with Mr. Bowles. We bad met him in Piccadilly. We
went to see the Colleen Baton. After the performance was
over I went home in a cab to Fulham. My sister left he-
fore me. Mr. Bowles went out of the theatre with her, and
I saw no more of her that night. On the 4th of January L
had gone to bed at tea, and I was called up at half-past 11
to let my sister in.
Be-exemined—lt was after the letter was written that I
spoke to Mr. Meanie about Mr. Bowles coming to the
',Due. Mr. Ginnie never mentioned my sister's goinoo
the theatre to we. He never paid anything about ter
staying out, which I used to think very strange.
Micas Elie Hutchinson-1 live at ha, Grove-places.
Brompton. I know Mrs. Glennie. I recollect going with
her one night to Fulham on the 4th of January. A gentle'
man who was at that time keeping company with me we
with us. I saw her going into the house; and thee' the
gentleman and I walked home again. I left me apartments
on the following Tuesday, which was on the 7th Jarman.
At that time L was living in Oxford-street.
Cross-examined—The gentleman and I have now apart
meats in the same hour. We are still keeping colere°7-
had known Mrs. Glennie about two years. I Wow
had
been to her mother's except on that one ooeasion. We o.°L
met her in Piccadilly at half-past 9. I don't know Mr.
Bowles ,• but I have men him. Ile was pointed out to me
by a fellow lodger who had heard something about hem.,
By the Judge—We got back from Fulham at a little
before 14. Mrs. Macrae lived at a short distance from the
bridge.
Mr. George Oodward—l have served my time to tie
architect and surveyor. I recollect meeting Mrs. Ginnie.
while I was walking with Miss Hutchinson. in Piccadilly. It
was, I believe, es • Holiday or Tuesday night, a fee,
Might after Cnristmas, bat I meet precisely say which.
We went with her to No. 11, Moorpark-terrace, Fulham.
I have known Mrs. Glues) about two years. When we got
to Fulham Mrs. Meanie went ledoors, and the last intone
and I went away. I don't know who opened the door, but
I believe it was bar deter.
Cray-oxamiwid—l have not commenced business veal
Joe h wee at asked loam, here in June last.
Jane Poly, of 23, Bedfoirdbury, charwoman and dearer
seller—l know Mrs. Liibbs's. I was in the habit of