The Express.
London, England, 1862-06-13 00:00:00

LAW INTELLIGF.NCIL
(THIS DAY.)

COrRT OF QUEEN'S BENCH.
Sittings in Banco.--(Before Justices Wightman, Crompton,
and B/ackburn.)
THR QUERN V. TRAIN AND OTHERS.--JommENT.
31r. Montagu Chambers, Q.C., at the sitting of the
court this morning, prayed for judgment against Messrs.
Train and Hathaway. The vestry of Lambeth having agreed
so put no obstacle in the way of Mr. Train's taking up the
metals of the tramway, • nolle prosequi bad beta en-
tered for them in that respect.
Messes. Train and Hathaway were thereupon called up
for judgment and appeared on the floor of the court
Mr. mill, Q.C., (with whom tram Mr. Knapp and Mr.
Pollock) appeared to show cause why judgment should not
be pronounced.
Mr. Justice Wightman—Our judgment will be with
reference to the continued existence of the nuisance.

Mr. 'krill —I was io hopes that we should have been able
to come to an arrangement without troubling the court ; but
it is a question of time.
Mr. Chambers—We are anxious that the nuisance should
be removed under the sheriff's writ as soon as possible.
Mr. Bovill—The difficulty arises thus : the tramway
was laid down under a contract between the vestry of
Lambeth and Mr. Train, and the vestry have the power
to give Mr. Train notice to take the metals up. That coo-
tract is dill in existence, and the consequence a this, that if
Mr. Train takes up the tramway, the vestry may tarn
round upon him for doing so without their consent.
Mr. Justice Wightman—As I understand the case, the
vestry have not thrown any obstacle in Mr. Train's way to
prevent him from taking the tramway up.
Mr. Bovill— Yea, my lord; and upon that ground the
ve4ry have had a nolle prosequi entered in their favour
but Mr. Train, who was merely the person who contracted
to lay down the metals midge a contract from the vestry, ia
left to suffer judgment.
Mr. Justice Wightman—l understood the difficulty for-
merly was that the vestry of Lambeth threw obstacles in
the way of Mr. Train taking up the metals ; but that diffi-
culty is now remedied.
Mr. Justice Crompton—The question now is not whether
Mr. Ti ilia likes to take up the tramway. If we issue our
writ, he will be obliged to do so.
Mr. Justice Blackburn—it is not an optional thing with
Mr. Train. He must do it if we June the writ.

Mr. Justice Wightman—Or take the oonsequeooes.
Mr. Bovilt—lf three months could be given to Mr. Train,
be instructed me to say that the metals shall be taken up,
and he will deposit any sum of money your lordships may
think fit as a guarantee ; but the prosecutor
is determined that he will have the tramway
up in 14 days. I have affidavits stating that the lines are
not at all dangeroue to the public, and one of them states
that on the Derby-day and the Oaks day thousands end tem
of thousands of people passed up and down the Kennington-
road, and not one accident occurred.
Mr. Cbambers—l have an affidavit of what occurred
during the last week on the road.
Mr. Justice Wightman—That is not the question, be-
cause the jury bave found that the tramway was danger-
ous. 1 uudeistand, Mr. Chambers, that you do not want
the defendant punished, but merely that • writ should
issue, commanding the sheriff to take up the tramway, and
that such a fine should be inflicted on the defendant as
will clear the sheriff from any expenses that may be in-
curred is taking it up.
Mr. Chambers—That is all, my lord. Ido not wish to
punish Mr. Train. I have estimated the amount of UN
menace at XV. or 400/. As to the defendant Hathaway,
a tine of Is would be sufficient punishment.
The court then &led Mr. Train the sum of 5001., and issued
a writ to the Velar, of Lambeth commanding them to take
up the tramway. If the fine was too much to *over the
amount of plaiotiff's expenses then Mr.,Train could recover
back the difference.

Mr. Train, upon hearing the judgment of the court, said
be could not pay the fine, and protested, in the name of a
foreigner, that fie bad been sentenced without a trial. Hs
was entitled to a mixed jury which he bad not beim allowed,
and not one witness had been called in his Wawa".

COURT OF PROBATE AND DIVORCE.
(Before the Judge Ordinary.)
NORRIS V. MORRIS (PART HEARD).
This morning the case of the petitioner was resumed and
cooduiled, some additional evidence being given in support
of her depositions.
Mr. Macaulay, Q.C., then addressed the court on behalf
of Captain Norris. Recapitulating the evidence of Mrs.
Pardee on cross-examinatioo, the learned gentleman said it
was dear that the marriage was founded upon an outrageous
outbreak of passion on the young lady's part, and upon a
cohabitation of a month with the respondent under her
tether's roof and with her mother's knowledge.
Mrs. Pavier (much excited)—No, no.
Sir C. Cresswell—The lady had better leave the smart.
Mn. Pavier accordingly retired.
Mr. Macaulay, resuming, said the experience of the court
would lead it to expect that a marriage entered into under
mph circumstances would be likely to lead to any and
every form of conjugal unhappiness. Captain Norris
denied, however, that he had been guilty of the
misconduct imputed to hint, and his lordship must have
remarked that Mrs. Norris had admitted, in the box,
that the reason why the present suit mu brought
vu her husband's refusal, under the advice of
Mr. Parker, his legal adviser, to execute a formal
surrender of his rig to under the marriage settlement.
Besides, Mrs. Norris would not undertake to say that she
had not 000tinued the cohabitation after the last act of her
hustrod's alleged violence. The learned counsel concluded
be indignantly denying on behalf his client the more dis-
graceful allegations of the petitioner.
Captain George Goodwin Norris—l am 35 years of age.
I was bred in the law, but I was never admitted an at-
torney. I became acquainted with Mime Pavier in 1857. I
was then in the West York Militia, and about to chatige
into the 2nd battalion of the corps. lam now contain se
the Warwickshire Militia, In April. 1860, I was with my
regiment at Leamington. I had in the meantime been in
the habit of visiting the Paviera. I began to correspond with
Miss Pavier in about twelve months after I first knew her.
I was not then engaged to her. In the year 1860, when I
WAS at Brecon, I made her a present of four posies. She
said she should like to drive four-io-hand, and I took great
trouble to find her four cream-coloured ponies. While I
was staying at Mrs. Peeler's house she was perfectly aware
that her daughter occupied my room with me. She has
leen is the room with us when we were in bed. Ido
not wish to Pay anything against my wife. I was perfectly
aware that Captain Manners bad admired her. and I bawl
of other gentlemen, but I do not make any charge of that
kind against her. I believe there would not have been •
better creature or • better wife in the world if it had not
been for her mother. We hail a quarrel about Captain
%Dove before we married. The first time we quarreled
after we married we bail some words about something which
I forget, and my wife said, "If Captain Manners had
been here he would have thrown yon out of the
window." (A laugh.) Ones we were quarreling in bed about
some gentleman at Richmond who, my wife said, had ad-
mired her. She was getting out of bed, and I did in fact
kick her. She said the gentleman was a very handsome
man with a black moustache, and that he had been making
wino inquiry about her. After I kicked, ebe slipped and
fell I was Afraid I had hurt her, and told her so. She
laughed it off, and said, "Don't tell mamma." I have not
the slightest recollection of holding a razor to her throat,
or robbing the mark with oil. I never heard of such a thing
till I saw it iu the petition. I have no idea that rubbing
the mark of a niecr would take it away. Do not remem-
her throwiog berdown. I will swear I did not do it. We used
sometimes to try our strength together. We have tried
whether she could hold me in bed against my will—
(laughter)—and whether I could hold her. I found that I
could not. She was the stronger of the two.
[The 'Mime was under examhation when our report left. J

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Fans.)
RE DUCKGAND.
This was an examination meeting sad sitting for discharge.
The bankrupt had heel) a prisoner in Derby Gaol, but was
discharged by the registrar of the County Court upon his
annthly visitation, and the proceedings were transferred to
!Anion. The debts are only 1084
There being DO opposition, the order of discharge was
ranted.

RE ..E.,RGE MIRY DC NEVILLE HTEABOLDIE PLANTAGENET
nit 1,. /S. E CLAI WANT TO THZ DUKEDOM OF LANC•BIIOL
TLi:teciniagly interminable cue *gain MON before the
trPurt Lion a renewed application by Mr. (Abney, for the
laakrupt's discharge from custody.
Mr. ltiriey again appeared to oppose the application.
After some discuisiow,
The c“mmissioner a*id be would appoint a day for hearing
the application, of which he would giye all parties notice.