The Express.
London, England, 1862-03-10 00:00:00

THE EXPRESS, MONDAY EVENING, MARCH 10, 1862.

atu intelligence.

METROPOLITAN' COUNTY COURTS.
Sitting den appointed foe the present we*.

Witeramorma, 81. Martheadane.-110uday, March 10 Tow
dai,J.Ll9.lltursday, 1S: Friday, 14.
nay, Purelaud-raid.—Wednesday, March 1P; Thera-
day, 13; Friday, 14.
MAZTLIOuIIO. Morylobolle•rost—llooday, March 10; Tees-
Thursday, 13.
sills Duncan-terrace—Monday, March 10; Tues-
day, 11; Wednesday, 1S: Friday, 14.
Sioaxorrar, Uklatrard-mad.—Tuesday, Match 11; Thurs-
day, 13.
WEITICBAPIL, Great Prescot-atrest.—Theirday, March 11:
Thursday. 13, Friday, 14.
SOUTHMARK, Swan-street —Tuesday, March 1I; Thursday, IS;
114 day, 14.
LLMOITH, Csioberwell Nevreced.—Tuesday, March 11.
Gazzirwien.—Wedneeday, March 12.
Woottrich.—Thursday, March 13.
Warsewozrz, Southetreet.—Tbursday, March IS.
Cur OF LOlll3OB, GWldhall•bulldings.—Wednesday, March 12 ;
Saturday, March 16.

EQUITY COURTB.—MARcit &
(Before the Lords Justices of AppeaL)
it PANTE BUNNELL RE 1108811.1 X—IN RANIERI:IMT.

Mr. Newman (Mr. Russell's solicitor) and Mr. Edwards
(an official assignee in bankruptcy) were this morning exa-
mined by their lordships and counsel on both aides u to the
payment of two sums of 1,0001. and 1001. to a Mr. Dixon,
who in a former proceeding in bankruptcy against Mr. Rus-
sell had sought to establish an adjudication in the character
el petitioning creditor ; but who, on receiving the two sums
la question, bad withdrawn from taking part in the proceed-
tAga, in noose ;nen% of which they had dropped; this payment
and comeequent withdrawal of Mr. Dixon as petitioning cre-
ditor constituting the act of bankruptcy on which the pre-
not adjudiaition wee founded.
At the conclusion of the examination, their lordship said
they would endeavour to dispose of the matter on Wednes-
day next.

111 RI W. Y. WINDHAY.—IN LUNACY.
Sir Hugh Oakes, Q. 0., then continued his address in
support of Mr. W. F. Windham's petition that coats fa-
wned by him in opposing the original application to their
lordships for an inquiry into his sanity, and of all th =
seeding, had thereunder, might be paid by those at
instance the inquiry had directed. the learned sem.
eel proceeded to read two letters written by Mr. Wind=
to his aisle, Lord Alfred Hervey, one while & schoolboy et
Has, on domestic matters, the other subsequently, and b
which no trace of unsoundness or eccentricity of mind could'
be Inced. Lord Alfred Hervey had also admitted before
the Master le Lunacy that the existence of aberration or
want of rationality could not be detected in his nephew
from letters written by him, or from any number of
been' conversation with him, unless particular =b-
leats were touched upon' but that it was only
from the eccentricity of his ordinary conduct that
total incapacity could be inferred. All this was totallaki
etheistent with the ground of congenital imbecility,
tin` of no interval of capacity since the young man's birth,
which bad been stated before their lordships ass foundation
for the inquiry, and upon which statement their lordships
had proceeded in gnoting it. The Marquis of Bristol, "ne-
ther of the petitioners, had not given any evidence one
their lordships, but had since made a short affidavit to the
offset that he believed Mr. Windham to have been from
birth of defective intellect, owing to which he always bad
been and still was incapable of managing his &Haan. Thai
snideness was entirely consistent with what had been stated
upon the application for the inquiry. But upon the exami-
nation of the marquis upon the execution of the inquiry, all
that was elicited from him was that on the occasion of
visit to him by Mr. Windham he had been struck by his
foolish laugh, and by his falling asleep
.after the ladies bed
retired from the dinner table and snoring loudly, aad hibly
that he had seen him riding in Rotten-row, and observed Ida ter
be fell of fan and frolic, apparently at being on horseback la
the stddat of other riders. This, however, fell far sheet Ci
WIWEEIig the case of congenital imbecility. Of the
thenbastlioee two were the only ones that were
qeR eounmisaion. There were also four others of the
Fillisaas, who had all deposed before their lotdships is
sediebess to the same effect as the affidavit of Lord Alfred
Beressq. These were Mrs. Baring, and Captain J. H. Wind-
ham. XL Hooke, sad Major-General Windham, the three
site of Mr. Windham ; but of these not use bed hiss
embed before the Master in Lunacy. Tide shed&
hese been dose, in order that, if they had de-
posed to the facts brought forward in support of
en
inquiry, as being within their own kno
Mr. Windham's counsel might have had au opportunityg
examining them as to those facts before a jury. Sir Hugh
Cairns then referred to an attempt to induce Mr. Wind-
ham, since be had come of age, to consent to • sale of part
of the Felbrigg Hall estate, of which he was tenant in tail
in possession, and take in substitution of the part sold
a portion of that section of the Windham estates called the
devised estates, till 1869, with a life estate therein after-
wards. This attempt had been rouged by Mr. Windham,
under circumstances showing conaiderable astuteness. The
• concluded'

learned counsel had not ....__....ted his opening address at the
rising of the court, but will continue his argument on
liay (this day).

(Before VieeZhancellor Biz R. T. IliDdereley.)
LORD V. COLVIN. --Assiczrinarr or
_ll. SOLICITOR'S COSTS.

This matter came on on adjourned summons from cham-
bers, not upon any question connected with the snit of
"Lord v.Colviii " proper, but on the question whether cer-
tain costs which had been incurred by one of the parties in
the suit, and were due to a solicitor named Barret, who has
since become insolvent, were in his order and disposition at
the time of his insolvency and thus paned to the edictal
sasignee, or whether they passed an arignnent of
them, which be had previously made to • Mr. Maim
Mr. Barret, it appeared, was the solicitor of a family of the
name of FlKTief, one of the parties to the suit of "Lord v.
Colvin." He assigned the oats doe to him, amount-
ing to some hundreds of pounds, to a Mr. Banat
in security for a debt. Mr. Robson gave notice
of his assignment to the other solicitors engaged
in the case, but he did not obtain any stop order on the
fund in the court, and on the ground of his not having ob-
tained such stop order, the assignee under the insolvency
claimed the fund as having been in the order and disposition
of the insolvent at the time of his insolvency, while, on the
other hand, Mr. Barret claimed them as having beim pre-
viowdy assigned to him.
Mr. Osborne appeared for the assignee under the fusel-
vency, and Mr. Daniel and Mr. Brocklehatik for Mr. Banat.
lThe Vice-Chancellor decided that no stop order was ree-
corny, the solicitor having no lien upon or interest in the
fund until an order bad been made by the court directing
the meta to be taxed and paid ont of the fund, which at
the time of the assignment to Mr. Robson had not been
made. He was of opinion, therefore, that the costs in
qoestion were not in the order and disposition of Mr. Bar-
ret at the time of his insolvency.

COURT OF PROBATE AND DIVORCE.
MARCH 8.
(Mae the Judge Ordinary.)
BUIROUORS r. 111:11LROUOBB AND SIWOCL.
(Continued from Saturday's Expreat.)
Elisabeth Gee—Last year I was servant at the Creme
Boys, North Walsham. The county court is held there.
I know the last witness and also Mr. Burroughs. I re-
member his being there with • pony and gig on a county-
court day last autumn. He left at between 9 and 10 in
the evening, and Mrs. Blackburn went with him.
William Page, a labourer, residing at Sutton, spoke to
seeing a young woman of that villa ge named Helen Reed
with Mr. Burroughs, soon after last Michaelmas. Helen Reed
whistled to Mr. Burroughs, for she could whistle as well
as a man. (A laugh.) Witness afterwards saw them in •
Geld, and he deposed to an act of indecency but not of
adultery on the part of the petitioner. On cross-examina-
tion the witness admitted that he had also made
an affidavit, which on being produced was found
to contain an averment that ho bad actmdly
seen adultery committed with Reed. Witness now
explained that he supposed from what he had seen that
the offence must have been completed. He had never told
Robert Watts that lie wished he knew something &picot
Mr. Burroughs, in order that be might get a couple of
guineas, and have • spree in London. Mr. Silcock had
spoken to him about the matter.
Alter some further evidence of less importance the plead-
lap in Mrs. Burroughs suit for the restitution of her con-
jugal rights were put in ; and this being the end of the re-
spevedetit's case,
The court adjourned.
From the proceeding to-day it would appear that popular
educatiou in some parts of Norfolk is in a deplorable state.
Scarcely any, if iudeed one, of Dr. Phillimore's witnesses
could read ; and some of them professed not to know the
meaning of the commonest English words.