The Express.
London, England, 1863-01-15 00:00:00

TEE EXVIIESe-11111311SDAY IVENING, JANUARY 1863 .

Lato intelligence.

COURT ros DIVORCE AND MATRIMONIAL CAUSER.
List of mums to be beard before the Court at Westminater,
Hilary Term. ISM.
Wadden v. Waddenend Greenland, part heard-Harris v. Har-
r* stands over-Hepworth v. Hepworth and Gibson, stands
over, stayed by order-Herrorth t. Hepworth-Hunt v. Rom--
stayed by injunction-Wilson v. InhioD-Hayward v. Hayward-
rtomouelle v. Samouelle and Taylor-Toler v. Toler-Irving v.
Irving - (Mae v. Quicke and PuHer-Johneon v. Johnson and
Hotbersall, part beard Pollack v. Pollaek.Demissid leNamara,
Queen's proctor Intervening, stayed by order-Bred, v. lireele,
part heard- V. dlrepherdson Pentagon-Dart v.
Nici Wont v Nicholsou and ft-dellthi-lioodwin V. Good-
win and Horton-Braggy. Bragg-Rice v. Rice, stayed by order -
Ryberg v. At berg and Smith-. Stout v. Stone and Appleton-
Webb V. Webb, part heard -Smith v. Smith, stands over-The
Honourable George Charles Orantley Idsharellnite Berkeley
v. the Honourable earoline Martha Berkeley-Baker v.
Baker-Hancock v. Hancock-Dickenson v. Dickenson and
element-Patthon v. Mattoon and Ha-I-Cartlidee v.Cartlldge-
Boultlng v. Boultlng-Ludlow v. Ludlow-Gipps v. Gipps and
Home-Brown v. Brown and Deacon-Cory r. Cory-Parr v.
Parr and White-Davies V. Davies end Marsden-Smith v. MOM
awl Goodwin-Britton v. Britton and Morton-Ringv. King-
Jones v. Jones-Ervlo v. Ervto-Bucknell v. Buckm y v.
Shirley and Btalltam-litlines V. Mince and Karp-Davies v.
Davis and Hughes-Haviland v. Haviland-Tuarell
v. ReWYeyy-
Squire v. Squire Dart heard)-Ooodyer v. Geodyer and Deeteher
-Henson v. Henson-Hare v. Hare-Roakruge r. Rostrum/-
Clout v. Clout and !tallith-Vince v. Vince-Cook v Cook-Moly-
DMZ V. MOlJOelli. Boyle. and Rawllneon-Mlles v. Mlles and
Johnaon-Hunt v. Hunt and Duke-D Ills g Wills and Silbernad
-Test man v. yea Open -Shaw v. Shaw-Cooke v. Cooke-Osborne

• Osborne and Oullit er-Cowing v. Cowing and Wollen -Chester
v. Chester and Daubeney -Stamp v. Stamp-Webber v. Webber
-Hopkins v. Hopkins and Pearce-Morphew v. Morphsw and
Vokes-Monk • Monk-The Countess of Limerick v. The Sari of
Limerick-Woods v. Woods and Collins-Cole v. Coin-leach v.
Leach and Mallett-lloldoco v. Holdom and Simmons-Hammon
v. /lampoon-Weston v. Weston and Davie-Scott T. Scott-
Walrus v. Waters and Manley--ilireAlow v. Swallow sad lawia-
Davis v. Davis-Stagg. falsely called Edgercombe, v. Edgeoombe-
K ellen v. Kellett and Dickinson-Harding v. Harding aad Lanes
-Farman v. Farman and Davis-Channou v. Chances and Car-
penter-Jago v. Jago and Graham.

EQUITY COURTS.—JAN. It
(Bofors the Lord Chasoellor.)
111 PARTS PAM —lll ILLL.—SAIMIU PICT.

In this case it bad been sought to adjudicate one W. C.
Neal • bankrupt, the alleged act of bankruptcy being the
exectitioa of a Ulla-deed which had been duly registered.
On the matter oaring before Mr. Commissioner &edam at
Birmingham, he received the certificate of the registry of
the deed as sufficient evidence of italnature and contest,
and refusing to hear evidence to impeach it, declined to
adjudicate. On • former day an appeal wee brought to
this court, sod on that comma it became matter of cos-
troveny whether or not the commiasioner had refused to
receive additional evidence, and the ease was postponed far
the purpose of showing by affidavit how that was.
Mr. De Ger, for the petitioning creditors, now stated that
be had affidavit& showing that the commissioner had really
declieed to receive evidencewhich was tendered to impeach
the validity of t)e deed.
The Lord Chancellor said that he could not try upon
affidavit the question whether the commissioner did or did
not receive evidence ; that might be the subject of commu-
nication to him by the commissioner. All he could try was
that of the act of bankruptcy.
After some discussion,
His Lordship decided that another application for an ad-
jedication should be made to the commissioner, with an in-
timation of his (the Laid Chancellor's) opinion that evidence
beyond the certificate of registry of the deed might be
received. He would reserve the question of costa of the
proceedings in this court.
Mr. Little was for the bankrupt.

This 'gnu an appeal from Vioe-Chaseellor Stuart, who
bad merle a decree in a foreclosure suit, directing an account
of all that waedue on the mortgage both as regards principal
and lobelia. The plaintiff was the transferee of the mod.
pgar, who by a writing had acknowledged that there were
arrears of interest due beyond six years, and this it was
contended, and held by the Vice-Chancellor, took the ease
out of the Statute olc Limitations, and therefore that inte-
rest was payable beyond six years. The defendant, the ap-
pellant, cootended that, there being a second mortgagee, it
was seesseary that • similar acknowledgment should be
made by him in order to bring the came within the opera-
tion of the statute.
Mr. Bacon and Mr. Cards's, for the appellant, asked that
Use decree might be varied by limiting the taking of the
account for interest to six years.
Mr. Medina and Mr. W. R. Robinson supported the
decree.
Judgment was postponed.

(Before the Lords Justices of Appeal.)
LADY NARY TOPRAN P. THE DORI OP PORTLAND.

In this cause, baud before the Mader of the Rolls in i
April last, and in which hi honor pronounced judgment
en the 9th of July, Lad Henry Benton* appealed against '
one part of the judgment, and lady Mary Tophem '
spied the remainder. The bill in the original suit
was filed to set adds, so far as lad Topham (for.
mealy lady Mary Banal wee ) at various ,
deeds appointing two MOM of 16,0001. in favour of '
Lard Hairy and Lady Mary Bentinek, an annuity
of 2,7204, and the Mann of 52,0001. invested in the Three-
sad-a-Half per Coota is favour of Laty Mary and her '
sister, lady Harriett Ileatiock, but un&r the following
circumetneaa On the marriage of the late Duke and
Duchess of Portland, in 1795, the English indeed the duke
and Scottish estate' of the duchess were respectively '
charged with a sum of 40,0001. each in favour of the yellow
children of the marriage, who, on the death of Lord George !
Bentinek, were five in number. It appeared from the evi-
dence that for several years before the death of the '
bite duke a mutual attachment existed between Lady •
Mary Bentiock and Sir William Topham. of which the
late duke erpreseed hi disapproval. Lady Mary announced
her determination not to marry without her father's consent
during his lifetime ; but that his control over her ought
not to extend beyond his life The late duke, in order
that his control might not determine with his life, coin-
tahow he would dispose of her share of the younger
dren's portion, so ea to ones the obtaining it to depend
on her acting in aceordance with hi wishes Acoordingiy
in 1848 he executed two deeds, appointing two sums of
16,0001. each to Lord Henry Pentinck. There was no doubt
that one-lialf of these sums was bateau/ for the benefit of
Lord Hairy Bootjack himself ; and the question raised by lady
Mary Bena related to the validity of the disparities of the
other half. Lord Henry Bentinck (over whom, it was al-
leged, his late father had mock influence), as the day on
which be received the second sum of 16,0001., livened it in
the names of the present duke, then Marquis of Ti
and Mr. Ellis (the mat of business of the late duke), and
directed the dividends to be pieced to the credit of ea &c-
-omet marked " id," 'ad declared the trade of it to be for
the beside of lady Nary Bentiock, ea the Duke of
Portland for the time being should appoint The
late duke also arrived 62,0001. 31. Be. per Cents.,
to the present duke, Lord George, and Lord Henry
Bontinck, urn trade to pay the dividends thereof
to lady Harriett sod Lady Mary Bentinok, in such shares as
the duke for the time being should appoint ; and in 1848
charged his Maryiebooe estates with an annuity of 2,72111.
during the UM of the two ladies, in each shares as the duke
should t. The late duke died on the 27th of March,
1854, and ea the sth November, 1858, lady Mary Bindle&
married Sir William Topham ' • whereupon dispositions were
made ci these several sums of mosey, depriving lady
Topham of any interest out of them. lady Mary Top.
ham, in her suit, maintained that all the appoint-
ment& were made for her benefit, so far as the
half of the foods end the incomes therefrom were con-
cerned, and claimed one-half of them. The Master of the
Bolls held that from no constructin of the power, on a mar-
nage settlement for distributing portions among younger
children, oould the late duke saddle such apportionment
with fancies respecting the social relations of thee, who
were to derive benefit from it, and as his evident intention
was to give Lady Mary Topham au equal share
with her brothers end Aiwa, on the (audition that
she did not marry Sir William Topham, he amid
not invalidate her right by the imposition of say
such condition. But his Honour considered that this in-
validity must affect not merely the appointment of a moiety
of the two sena of 16,0001., but the whole appointment,
and declared that the entire sums must go ea in default of
appointment. The deeds of 1848 were therefore to be held
void. Against this part of the decision Iced Henry Bea-
. tiock brought the present appeal. With respect to the
annuity of 2,7201., and the sum of 52,000/., his Honour held
that the duke had a right to fetter them with any coo-1
ditions he pleased, on the ground that the funds therein
settled were out of his own property ; and disguised
this part of the bill ; and against this Lady Mary Bea-
. tiock appealed, on the grounds that such power of iotro-
diming conditions ended with the late duke, and that the
I preterit duke must carry out the trusts declared in the
deeds.
The arguments have not yet concluded.
The Solicitor• General, Mr. Bolt, Mr. C. Hall, and Mr.
. Roweliffe, appear for Lady Topham ; Mr. Lloyd and Mr.
Hobhouse for Mr. Ellis; Sir H. Cairn. Mr. Hardy, and
Mr. A. Belly, for the Doke of Poetised ; Mr. Hamelin, Mr.
Osborne, and Mr. F. P. Maeda for Lord Henry Bentisck ;
Mr. Giffard, Mr. T. Stevens, and Mr. Froglike, for Lady
Harriett Biotin& ; and Mr. Selwyn and Mr. Itardswell
for the trustees of Sir W. Topham's marriage settlement.

(Before Vice• Chancellor Sir J. Stuart.)
MAJIBII V. PIACOCKL.

This case came on upon • motion for an injunction to
restrain the Messrs. Con the arsr.y agents, from parting
with a sum of 1,5001., which they bad received as the pur-
chase money mists' from the sole of the defeadant Captain
Peseocke's oommissints in the 94th Regiment. It appeared
that the captain bed brooms embarrassed, and that the
plaintiff, Peter Idamb. and the Rev. Mr. Peacocks, the
captain's father. bad joined in borrowing ROM to relieve
hint from bin debts, the etptais giving Mr. Manb • warmat
of attorney to enter up judgment for 40W. and interest, to-
gether with • hoed 1 and it the lame tiros • promissory
not. to bis father and Mr. Marsh for the like *menet. In
1858 Captain Peacocks executed • deed of indemnity to Yr.
Muth and his father. The captain, it was said, ladre-
mised, if he sold his commission, to pay the loess so rams&
fire him, eat of the purehase moos, ; sad I. May 1962, he
west. to his father, saying, "He was hosed verbally. if net
ceb.rwW, to sell out of the mniss If his fatter wished
I HO Heald sell oat of it I. December, 1982. whoa the
Imo& fer the eaniatirtha iths paid heft Noma Oset
Yds. sad they, la harraidag OAS& Peavockes Amen

upon the money, paid away upward; of 900 f. of It. The
plaintiff having ascertained the feet, fled the bill in this
suit, insisting upon a lieu on the 1,5001.. the price of the
cominiasioo, add for the injunction as above stated.
Mr. Malin and $l. W. W. MaOll,OOD appeared in sup-
port of the motion ; and
Mr. Bacon and Mr. T. Chitty, for the defendants, the
Messrs. Cox, stated that when they paid the captain's
cheques they had oo.ootico of any other claim on the pur-
chase money, and that before they did receive any notice of
theplaiotin claim they bad got advice@ from the captain,
who was awhile way home from India, of other cheques
drawn by him.
The Vios.Chancellor said he could not now decide the
questioo of lien, but the defeodants, the Messrs. Cure. most
be restrained until the hearing from parting with the ba-
lance in their hands.

(Before Vice• Chancellor Sir W. P. Wood.)
78Z KARL OF ZONONT F. VIZ REV. BIZ WILLIAM DAUM.,

BART.

Thil was • bill filed by the Earl of Egmont against the
defendants for the recovery of certain real estates and their
which the plaintiff claimed as heir-at-law of the
CeceEeitti (Henry) of Egmont
The defendants, on the other band, claimed the estates
and proceeds under one Mr., afterwards Sir E. Tierney, to
whom the property was devised by the late earl At the
time of the devise Mr. Tierney was a solicitor, residing at
Dublin, and was the confidential adviser of the alleged tes-
tator and the manager of his estates. And it was now
sought to set wide the will, on the ground that it was
made without due knowledge of the (rote, and under the
undue influence of the devisee. The plaintiff's case has
alone been heard, and is, indeed, not yet concladed—in its
main outline that case is as follows : In the year 1817, the
three last Earls of Egmoot—Earl John James, the grand-
father of the testator; Earl John, the father; and
Earl Henry, the testator himself, were all alive. Earl John
was Dot era very good terms with his father. He was very
much in debt, and his son Henry having come of age in
1817, was induced by his father to become responsible for
debts amounting to 200,00 W., which was the cod:imams-
meet of the greet embarrassments continuing throughout
the life of Earl Henry. On the death of Earl John James
in 1822, Earl John came into possession of thefamily estates
in England and Ireland, as well as of the title. At this
time Sir Edward's (then Mr. Tierney) connection with the
family commenced, Earl John having to borrow
money to • considerable amount. The creditors for
the M,OOO/., who had been preening for their claims,
recovered judgment., and endeavours were made to
obtain execution against the estates, so it was considered
advisable that the earl should vest his states in trus-
tees is order to satisfy all his creditors. With a view of
=this into effect, two deeds were executed on the
ow., 1824. By one of those deeds, made between John
Earl of Egmont of the one part, his son Henry Frederick
John James (then Viscount Perowval), John Godfrey
Teed, and Edward Tierney of the second part, the earls
Irish estates were vested in the las4oamed three perms
ea trust, to satisfy the charges on them estates, and to bold
the semi= and the unsold estates for the earl absolutely.
The mood of these deeds related to the English property,
which, in addition to the parties named to the first, was
executed by several of the earl's judgment creditor". The
estates were vested in the same trustees, who were, after
paying the charges on them, and indemnifying Henry Vis-
count Percent against the liabilities which he had incurred
as surety for bis father, and paying the just debts of the
latter, to hold the same in trust for Lard Egmont for life,
and subject to a jointure of 1,0004 • year to his countess,
for Lard Peroeval in tail, with remainder to Lord Egmont
in fee simple. By the same deeds the trustees were autho.
tired to pa out of the surplus of the Irish estates 2,0001. •
year to Lad Egmont for life, and to Lewd Percesel
1,0004 a year during the joint lives of himself
and his Tither, sod 2,0001. a year if be should
survive his father. The object of these deeds was to
provide the father with 2,000/. • year for life, and the son
with 1,0101. a year during his father'slifetirne ; and whether
the estates were sold or not the surplus was to go to the
survivor. In 1832 the whole of the English estates were
sold, with the exception of the advowson of Ensnare, which
had bees specia exempted in the deed. Mr. Tierney,
who was living ll Is Ireland, was opposed to the selling
of the Irish estates, and WY most anxious that the
English estates should be sold and. Oa this poiat there
was a difference of opinion, but the Englith estates were
sold firth, and their sale produced 200,000 i. A large
amount of the family incumbranom on both estates were
W.bieoff ; the Irish estates were cleared to a coml.
extent of their incumbrancee, and there remained
after the application of the sale moneys of the English
estates about 100,0001. charged cc the Irish estates.
All this took place during the lifetime of Earl John, who,
surviving his wife, died in 1835, and Earl Hoary soccooded.
The character and habits of Earl Henry woe of • singular
kind. In 1817, he, being then of age, sat for • abort time
in the House of Commons ; but when there came • general
election, and be was no longer privileged from arrest, he,
being deeply involved, left the country. He altogether
dropped his courtesy title, and assumed the name by
which he paired till the time of his death—that of
Lovell. He lived the greater part of his time on
the continent, and during the latter years of his life
in England, but in concealment of the closest kind,
coocealing frorq all except two or three persons to
whom concealment could not avail, his real title lied
description. One of the persons who was always acquainted
with his secret was Tierney. Earl Henry fell into habits
of intemperance, which increased more and more in the
later years of his life, and which was the come of his death
—he dying of, amongst other discerns, delirium tremens.
After his father's death his medium of communication for
the purpose of receiving his property was Mr. Tierney.
There was a peopesty gelled Ooytmore, m Wales—a mineral
estate—which in 1836 cane into the porrues of Firl1
Heavy in right of his mother, and which hs been sold since
hie death for 45.0001., the management of which had been
banded over to Mr. Tierney. Earl Henry had no personal
knowledge of his Irish estates, having never been there
Mace Ins. Their estimated value was on the whole about
130,000/. After the death of his father, in 1835, it
became necessary for Earl Henry to take his seat is the
House of Peen, which he did in 1837, and having dome that
be immediately left London, renamed the name of Lovell,
and lived in retirement as before. Earl Henry was never
married, but • lady considerably older than himself—she is
said to have been • relative—a Mrs. Clam., the widow of •
French Aker, and her see, Alexis John Batianelson, lived
with him, and took care of his beam Under these eir.
cumstanees, knowing nothing at his property, he took
without complaint, though with oocasiooal murmurings,
the sums which Mr. Tierney paid him, and which did
sot amount to much over 1001. or so ',year,
although at this very time, as the plaintiffs alleged, Mr.
Tierney was spending 5,0001. a year in improving the pro-
perty. In this state of affairs matters stood until therm
1849, when Earl Henry died, hewing 81st made • will devi-
sing the property to Sir Edward Tierney. Under such
circumstances the plaintiffs insisted that the demise could
not stand, and consequently that the defendants claiming
alder Sir Edward Tierney ought not to continue in poems-
lion of the property.
Sir Hugh Cairns and Mr. Wickens for the plaintiff', with
whom is acting Mr. Alfred Bailey for some defendants
in the same interest, had netcoucluded when the court rose.

COURT OF QUEEN'S BENCH.-JAN.I4.

Sittings in BIM°. —(Bolore Justices Wight:man, Crompton,
sad Mellor.)

The Lord Chid Jostles was absent to-day from indisposition.

lIIIIDLN V. WIBT.

In this cue a ride bed been obtained calling upon the
plaintiff to show cause why the verdict found in his favour,
with 2,5001. damages, should not be set aside, and entered
for the defendant on certain points reserved at the trial.
The action was brought against the defendant, who was a'
director of the National Insurance Company, uPoo • policy
of insurance effected by the plaintiff with the company
upon the life of a Mr. Plodder. floe pigsties raised was
whether the plaintiff bad say insurable interest, and if so,
whether it extended to the whole amount insured. Another
question wu whether there woman untrue statement which
would vitiate the policy.
Mr. Mellish, Q.C., and Mr. Kemplay supported the
rule. Mr. Edward Janus, QM., and Mr. T. Jones showed
owe against it.
It appeared that the plaintiff was clerk to Mr. redder,
banker, of Preston, and had been in his employ fur • great
number of years. The bask stopped payment in 1861, on
Mr. Psdder's death. For some years previous to that the
plaintiff had been indebted to the bank in a large Ma of
money. InlBsl negotiations took place for taking him
into partnership, but he declined, sod it was arranged be-
tween him and Mr. Pedder that the latter should not press
him for the debt so long as he (Pedder) lived ; that the
plaintiff should be engaged for seven years as a clerk at a
salary of 6501., and effect two policies of insurance on
Pedder's life—one in the Glasgow office for 5,000/ and one
in the defendant's 01Ece for 2,5001. The Glasgow Aloe had paid
the amount of their policy, the whole of the facts having
been disclosed to them before insuring. The defendant
declined to pay the 2,500/. Insured is his Aloe, on the
pound that. the debt to Pettier gave him no interest is
Peddees life, and that say interest he might have had in
Pedder's life on account of his salary was more than covered
by his insurance io the Glasgow office.
At the conclusion of the arguments,
Mr. Justice Wightmaa said it •1111• very important qua.
Lion, and the court would take time to consider their judg-
ment.
Judgment deferred.

RAIL COURT.-JAN. 14.

Bittiap at Nisi Hint Wstmine4r.—(Beion Nr. Justice
Blackburn and Commas Junsa.)

This wm m action to recover compensation In damages
for the defendant's breaking and entering the plaintiff's
premises, and injuring his furniture.
The defeudaut pleaded not guilty.
Mr. Littler and Mr. Inderwick were counsel for the plain-
tiff ; Mr. kfuddieetoo, Q.C., sad Mr. Matthews were
counsel for the defendant.

The defendant is a wardrobe k who had a house in
Albany-street. Regent'epark, which hehe lot to Samuel
Via, otherwise " dam Collins," the welldmown some
iogpeerr Sam, according to the doinunest produced, was
eadersome obligation to the plaistiff. In September lut
Its woad te let the house to the plaintiff for the resimoder
of hie term, for the nominal emieidsestion of fa., and sold
hi funtitssu to him.' }'he drlirdeall had mike the
ainsiorbrisi. Whee, Warme tie plaid( west to Igo

ion, he found the door locked, and M Phi/-
frpn rs.
inside, who refused him adaniaaion. Plaintiff
broke the door open and got in. He then eat down on the
sofa and soothed himself with a smoke. Some time after the
defeadant came to the boon, ordered the plaintiff out, and
threatened to summarily eject him by kicking bill down-
stain. He caught the plaintiff by the collar and the throat,
dragged him over the furniture, and did considerable damage
to it. He was much hurt. There was no rent due. U there
VW he offered to pay it.
Is aromeosainination the plaintiff said the obligation Sam
Collins was under to him ern that he lent him &Of. or 621.
about the 18th September. He had not known him before,
and he was neither a friend, stranger, nor an aoquaintisnee.
He paid Collins 40f. for the furniture, is sddition to the
601. he lent him. Defendant broke two Scotch figures and
two nem. The top of the table was scratched, and the
tablecloth had candle grease about it. He did sot use any
abuse towards the defendant's wife.
_

Samuel Fagg, aline Collins, was celled. He deposed that
be charmed the public under the Mine of Sam Collins.
(Laughter.) He let the premises in question tothe
I The original agreement between the plaintiff and Sam
, had been lost, and it wee proposed to reed a copy, but the
officer of the court informed his lordship it could not be
done. The 55th George 111. enacted that no copy of an
agreement should be read in evidence unless stamped.
His Lordship said be was not aware of such a provision.
It was the fwe►eese of the hind that had come under his
, knowledge. The copy was not put in.
Collins said he told the defendant of the arrangement be
had made with the plaintiff relative to the letting of the
house, and that he was going to sell the furniture to a
friend.

Mr. Huddleston—Did you not offer to the defeedant to
let the rooms furnished, and divide the profits between your
wife and the defendant's wife?
_ _

Colima—Aye, there's the nib. (Laughter.) 'Twee the
other way—he proposed it to me. (Laughter.) He wanted
the "pull" of witoesa, and be said to him, " You want
too much of me, Mr. Phillips." (Laughter.) He was
about to build a very large new music ball ; the old one was
now turned into stables, and very handsome ones.
(Laughter.)
At thin stage of the cue it was adjourned, the learned
judge having to go to chambers.

2Pri left tbe genies of Mews. Smith and Son on the
7th of December, bat subsequently to hie leering it wee
discovered that he collected three several sums of 2/. Is. did.
and °pearls from Mr. Ward, nensverider, of Remington,
for which he bad bot'accatuited, and on • a future occasion
evidence would be given to show the system by which he
bad hitherto concealed the fraud. He had only been appre-
banded late on Tuesday night, and it would be impossible
to complete the case that day.
Mr. Abrams said if the prisoner was to be remaeded with-
out any evidence being offered, be ought to be admitted to
bail. The prisoner denied that there had been any defalca-
tions whatever on bls part, and he really did not know what
was the meaning of the charge.
Mr. Ford would object to bail.
Mr. Abrams—Theo really some evidence ought to be given.
Mr. Ellerman, manager of the newspaper department at
Mesita Smith and Son's, Mated that the prisoner was olerk,
and it was no part of his duty to receive money under any
circumstsncea. No one but the cashiers was allowed to do
so. He had, nevertheless, called on Mr. Ward, and repre-
sented that he was authorised to receive it.
Mr. Hoary mid this mu not au embezzlement but an
obtaining by false representation.
The prisoner was remanded without bail.
MARLBOROUGH-STREET.

Theodore Vincent, a Frenchman, was charged before Mr.
Tyrwbitt with the following amanlt on a female named
Annie William&
Pineecutrix (who bad received Rome severe injuries about
her head and face) said—l have lived with the prisoner, who
is a tailor, about six wears. I went out stout owe o'clock
this morning, to see whether I could find him, and on my
return home to 10, Hoskins street, about two o'clock, be
followed me into the room. He was tipsy, and as be had
bean out from four o'clock the previous day, I asked where
he bad beep. He said with a lady over the water. I asked
him why be bad not remained there, when he blew out the
needle, sod struck me with hie fist on the bead, but there
must have been something hard in his hand as I have got a
fearful cut on my bead. He threw me down, and while 1
was on the ground I felt the blood running over my face.
I thee called murder.

Thief Clerk—When did he am those Map? is pair pro.
dared.)
Preseentrix—He struck me several times after the candle
was blown oat. bat I ain't my what with.
Primmer—What did it arise from?

Prasecutrix—Your drankennees.

Prisona—l mace in late and was tipsy. She flew at me
and seized my shirt front, and I gam her a blow, bat did
not USA the tongs.
Mr. Tyrwhitt—lt appears to ma incases like three, when
great violence has been used, and where the Mom were
foul lying at the room-dem. that it is a it cam for a jury
to decade whether these tongs were mad or not. Pasoan
were not astelled with the decisions of the magistrates in
them oases, and the beet thing was to send them to juries,
as no one knew who wore on the juries, sod they could not
be abused.
The prisoner was thee committed for trial.
wiarmnisTrn. _

A few days ago a." mac of -rifiOrt-GO years of age was
chanced with begging. He had been found with a placard
on his breast bearing the following inscription :—" I am
deaf end dumb, and necessity compels me to humble
myself to the public for a little *mistimes. if you please."
When brought before the magistrate not even his name
could be elicited, nor any means of communicating with
him established ; he was accordingly remanded.
Yesterday, oo his being again brought before the magi,.
tie* it was reported that nothing whatever bed been ascer-
tained coocerniogbiru, and Man, a police-constable of the B
division, who was formerly an militant in a deaf and dumb
asylum at Liverpool, said that be was inaccessible to the
ordinary means of communication resorted to in such came.
He had tried every expedient in vain, and defendant was
either the most extraordinary deaf and dumb pence he
had ever met with, or was not deaf and dumb at all.
Mr. Arnold observed that if defendant werereally deaf and
dumb he should think that the persons with whom he lived
would be anxious concerning him. He thought that the
only course would be for the officer to accompany him
wherever be liked to go ; something might thta be disco-
vered concerning him.
Defendant and the officer departed, and returned in about
a couple of boors, when the magistrate inquired the result
of the experiment.
Harr replied—Defendant went into a shop and got shaved,
and then he took me to the top of Groevenor.place, and
made me understand that he had 20 miles to go before be
slefi_p_t.
r. Arnold—How did be do that!

Nary—He opened both his hands and held them up, mean-
ing tee, as I suppose, by his fingers sad thumbs ; then be
held them op again, making twenty ; thee he pointed into
the country, and then made an attitude of going to
Mr. Arnold observed that be really did not see what,
under the peculiar circumstance@ of the sees, wss to be done
with the man. He had base in prison several days without
being acquainted with the miters of the evidence against
him, and placed in the awkward predicament in which be
(Mr. Arnold) found himself, the only Wag be could do
would lin to discharge the defendant.

SHOCKING DEATH FROM DRI

..—Yester-

day morning Mr. Bedford, the coroner for Westminster,
held • lengthened ioquiry io the vestry room of St. Clement
Danes, Pickett-street., Strand, into the circumstances at-
Seeding the death of Eliza Leeman, aged 43 years, who for
may years has been engaged ea servant at • home of
ill-
fame in Wychetreet, Strand. Several witnesses were exa-
mined, including the keeper of the house, a woman named
Chambers, who described herself as a tobacconist, of 13,
Wyebutreet, and several unfortunate girls residing io the
bones as her lodgers, and their evidence went to show that
the deceased bad for many years led a mast dissipated life.
On Thursday last she had been drinking freely, got up
early on the Friday morning, and went oat and drank more
gin and brandy. She was advised to go to bed, which
abs did; and on Fanny Marshall, one of the girls, going
into her room, she found the deceased was quite
deed. Mr. Samuel Lovett, surgeon, of Clarestreet, said
that when he was called in life had been extinct about two
boors. He made a pad *torrent examination of the body,
and foetid the brain Qoraed with blood. The liver was dis-
eased—what was termed • "nutmeg" or drunkard's liver.
In thestomacb were four mows of gin, some brandy, and
pepper. Death arose from apoplexy, ceased by intoxica.
lion. The aunt of deceased wished to make a statement.
She said—My niece told in. that Mrs. Chambers and her
sister pummelled her about her head, and the marks of her
knuckles were still on the skull. Mrs. Chambers had also
pulled the hair out of her head. The Coroner—When was
that? Witnees—The beating was three years ago, and the
pulling out of the hair about five or six months. My niece
her been an out-patient of King's College Hospital fog it,
and said she still felt the pain. She said that when they
had that scrimmage, she (deceased) knocked two false teeth
deism Mrs. Chambers's throat. In answer to • juror, Mr.
Lovett said that he found no traces of violence having been
inflicted on the deceased. The jury returned • verdict of
"Death from apoplexy, mused by iotoxication."
ROYAL Humans Soarry.—The annual general
court of the governors of this society was held yesterday at
their offices, 4, Trafalgarequare, Mr. B. B. Cabbell in the
chair. The secretary having reed the nitwits of the yr,-
vions meet/lig, the report acid financial statement were laid
before the court. The bitter showed the total receipts to
be 1,4321. lie. Sd., expenditure 1.3821. 12.. 2d., and Inhume
is hand to be =vied forward to neat account 491. 14s. 6d.
Votes of thanks were passed to the president, his Grace the
Duke of Argyle, the vieepresidenta, and the officers of the
society, who were all re-elected. Silver medals were
awar&d in the following cases :—Mr. Giles, 4th officer of
the steam ship Bengal, for saving a seaman who had fallen
overboard from that vessel by springing after him while at
sea between Calcutta soil Madras, on the 24th January,
1862; Lieutenant F. H. Hastings, of her Alajeity's ship
Edgar, for a like attempt though unsuccessful ; George
Brooks and John Dunn, also for an unsuccessful attempt
under similar circumstance*;, Richard Malone, who sue-

waded in saving a man while serving in the Aboukir.
In all the above instances shortie were kuown to
abound in the localities where the accidents happened,
and in the case of Lieuteuant Hastings one shark
was caught and one hooked on the same day.
Brooks' and Dunn's non-mimeos was owing to theme. haring
beep picked up by • shark before they could reach him.
Dunn had also received • bronze medal from the society in
1861. Jame■ Cunningham having been the means of ream-
ing sit persons from • boat which Lad upset in Hand:tun
Bay, received the silver medal, and his three companions
each a bronze one. George Page, • patrol officer is the
Southampton Docks, and Osptiun Helot also received the
silver medal, the former for the rescue of two men from a
watery gaave in the Southampto• Docks, and the latter for
saving the crew and passengers, 51 in •umber, of the steam-
ship Canadian, whilst dangerously surrounded by icebergs
off Newfoundland. As regards the bathers in the Serpen-
tine during the past season, they were estimated at 174,657
there were 43 casualties, of which Zi were attempted
suicides, and it was to he regretted that in 9cases those
attempt* bad been successful. The skaters during the frost
of the commencement of the year numbered 20,000, of
whom 72 broke through the ice, but were saved by the
icemen. The proceeding terminated in the usual manner.

•
NATIONALLIFEBOAT !MITI:710N. —Some timeago
a lady, Mrs. Mary Hartley, of Exeter. sealonsly collected
upwards of 30W. to pay the oat of a lifeboat, which she
afterwards handed to the National Lifeboat lustitutioo.
The society decided to call the boat after Mrs. Hartley, and
to place it ou a dangerous point at the mouth of the Tay,
near Dundee. It is satisfactory to tied that during a sale of
wind and a heavy surf, a few days since, the Mary Hartley
lifeboat was the moans of laving the crew of three men
from the Ketch Neuha, of Berwick, which had sunk on
Abertay sand bank at the mouth of the Tay, and afterwards
become a total wreck.

CITY or LONDON COLLEON, LIADINRILL-STREM
—This 'simian the Rev. A. R. Suter, M.A., will lecture on
" Artiddal state, with models and illostratioes." The chair
wiU be taken by Mr. Robert Nicholas Fowler, V.P., at 8
o'clock precieely.
Dn. DI JONOB'S LIGHT-BROWN COD LIT= Oli—
n° vigour of the constitation. when Impaired by debility, can
be opeed.ly restored by the nes of Dr. de Jangles Oil, which hoe
invigorating qualities poweseed by no other restorative. Ma
distinguished physician, Dr. Carey. writes. " The e‘tracetlinary
effects will soon be visible. after having taken tt for a short
period, in a return to health and strength before unknown, and
which will be accoutpitshed by no ether reined, with which we
are aoqnslnted."—tiold only M replotted bottles, ka. 6d., Si. lid.,
sod Si., by Dr. do JoitO's egoista, Await. Harked. and Co., 77,
gland, Loudon. and Apoida.--VArrilaismaßl

AidlilCNTh.

TALLOW.—WIEDNISEOLT Evvsnra.-11a• made was
qnistito-day. The closing price. were :-Bpot, 43a. 9d. ;
April to June, 445. &I. ; Ootober to Desesiber, 4435. De-
livery to last evening, 378 casks ; mink ditto, 227 oaks.

OOTTON.—Lwaaroot, Jam —Tbe news received
this its:lnking, of the Lincoln (Wish baring published the
act for the abolition of slavery in the Southern States caused
an active demand in this market, with as advance of id. to
ld. per lb. The masa an 20,000 bales, including 200
American, at rdd. to 29d.; 17,070 Sprat, I lid. to 224. ;
1,000 Egyptian. 24d. to 30d. ; 940 Yoram, Zid. to Ned. ;
90 Bahia and Maceio, 23d. ; 100 hereabout, 25d. ; of which
pl 2 is 19,122 balsa o ,000 ere for ventilation and export. The week's in

LEATHEEL—Daring the last weak there has been a
slight improvement in the delimit' for leather. Oa Tuesday,
at Lea&nhall, the supply of fresh leather was about equal
to the amount of busiuma done, which was Waited in extent.
Prices remain as before.

OORN.—Borrox, JAN. 14.—We had a fair supply of
wheat at our market today. The trade ruled dull at last
week's rates. Sprzug cora same is last week. Wheat, red,
475. to 4&. par qr., whita, t to 525. Oats, 235. for 12
stool& Beaus, old, 435. to 44a. per qr.; Dew, 36e. to :i7 s.

Broccron-og•Turn, J. 14.—The arrivals of wheat are
good for the past week. To this day's market there was a
large supply of `raja. Wheat at • pod demand at about
last week's °array. Barley unaltered. Oats in fair re-
quest at former prior. Beam and peas without change in
value. Imports during the past week :—Wheat, coastwise,
1,336 qm; foreign, 640. Barley, foreign, 5?.3.
lacattoow, Jan. 14.—This day's market was thinly at•
tended, and the trade ruled quiet at 3d. to 6d. per boll over
last quotations for tine qualities of wheat. and at about 3d.
per barrel advance os good flour ; but inferior deamiptions
of either article were not any dearer Barley quiet on the
spot, but some inquiry for shipment. Fias oats and oat.
meal about 6d. per boll sad load dearer, but no &ale
in secondary aorta. Beans and pees unaltered. Indian corn
rather dearer.

CATTLE.—Sorrnact., JAS. 14.—Oar trade was &wird
to-day, and beef brought more money. Beef made from
3e. 4d. to 6e. ; mutton, 4a. 4d. to 6e. ; veal, 4a. 4d. to
se. 2a. ; pork, 3a. 4d. to 4s. 6d., per Mose of 81be., oinking
tee offal.

00AL.S.—LONDON. JAR. 14.—Harthspool West Hartley,
15s. ; Holywell Main, 15a. 9d. ; Wytun, lb. 3d.; Walls
End Braddylle Haws, 184. 3d. ; Walls End Haswell, 195.;
Walls End Helton, 19s. ; Wall. End Tanaka, 17a. ; Walk
End Gawp, 18a. ; Walls End South Hartlepool, 17s. 9d.
earway and Darya Apt/melte, 21k. bd. ; Camay aad
Duffryn Malting, 22t 6d.—Ships at sack* 20 ; sold, 20.