The Express.
London, England, 1864-06-11 00:00:00

COURT OF COMMON PIZAS.—Jrws 10.

Sittbogs at Nisi Prins in Loodou.—(Baton Mr. Justice
Keating and a 001=00 Jury.)
LOID T. LIITCEL—TAISTIIIO PICTOSSS TOS as
ISTISTASINCIT._
. .

The plaintiff in thicese,7(saptaTn Lord, wee with the
Boundary Commissioners in Vancouver's Island, and whiles
there took a number of photograph.. Having returned to
thin country, be formed the idea of having ea exhibition at
the Egyptian-hall, to be called " The Canoe, the Rifle, and
the Axe ; or at Home in the Wilderness," and to have the
subject illustrated by some of the einem which be bad pho-
tographed. He accordingly hired the ball at 401. a month,
and he, on the 18th April, "tamed the defendant, a scenic
artist, to paint from 14 of the photographs as many
pictures in distempw, 12 feet by 10, and the
pictures to be delivered by the 10th May, under a penalty of
21. a day, and the price was to be 120/., payable in two in.
stalmenta. The deleadant some time ego sued the plaintiff
for a portion of the price remaining due ; and the present
we. • cross action to recover damages from the defendant,
epos the ground that be bad not performed his contras
Mr. O'Malley, Q.C., and Mr. G. Browne, appeared for the
plaintiff ; and Mr. D. Hearn, Q.C., Mr. Prideaux, and
the Hon. Mr. Howard, for the defendant.
The trial of the canoe occupied the best part of threodays,
but the following was the substance of the matter in dis-
pute. The plaintiff's case was that the whole of the four-
teen pictures ware never delivered, one of them, called the
Hodseo's Bay trading port, not having been painted ; that
the thirteen sent in were delivered eleven or twelve days
late ; that some of them had been done in a
burry, and were not well painted ; and that the plaintiff
had to pay • person named Wallis 51. 12a. for touching up
some of the pictures, and for making some mammoth trees
much larger than they had been Rioted by the defendant.
In the picture "An Indian Tomb by Moonlight," though
the effects of moonlight were all painted, the moon itself
was wet there when the work was met home, and this defect
had to he remedied, the mode being to cut a round hole in
the picture and cover the plane with some material which
would allow light to shine through it. fn reference to the
question of damages, the declaration claimed 21. a day
during the whole of the time tbat the exhibitioo continued
open-200 days ; and it mislaid that probably the failure of
the exhibition might have been averted if the pickerel had
been better panned.
Theme for the defendant was that the original contract
was rescinded by mutual consent, and the time for
sending in the pictures extended, and that the plaintiff
bed the pictures as woo se he was ready to receive them.
The pictures also were well painted, and to the eatisfaction
of the plaintiff, although it was true that the itudsca's
Bay trading port was not painted ; yet this was in roman
geese. of an arrangement between e parties that it should
not be painted, and that • picture of the plaintiff larzzi
wild balls should be substituted for it. This last
pietuve wan Faulted, and sent in. As to the mooolight
paritere, the cutting out the moon was • stage effect, which
it was not the business of the artist to Wood to, but was
rather a job fora common workman to do.

A yea deal of evidence was gives on each lido, and in
reference toi nearly 1111 the abovernietianed circumstances

these was co.otradi;tory evidence.
The jory,after censidering the matter for some time, fousd
►hat the original contract wu not reeciaded ; that the time
for geodieg in the pictures was extended beyond the 10th
May ; that the picture@ were sent in within the extended
time ; that they were completed to the mtidactimi of the
plaintiff ; that be wee not ready to receive them by the 10th
Hay : and that it wu agreed that the laming the Bulls
should be substituted for the Hadson's Bay trading port
His lordship directed a verdict for the defendant opal
the third, fourth, and fifth issues, and gave him leave to
move to enter a verdict also upon the second Nun. if the
full court should be of opinion that the extension of time
and the substitution of one picture for another amounted
to rescinding the contract.

COURT OF PROBATE AND DIVORCE.
Joss 70.
(B on Um Jodie Ordinary.)
DOWN= •• HODGSON AND LOUVIT. . . _ . .

Mr. Serjeai Parry ud Dr. Spinier for the pettlieser ;
Mr. &Atli for the eo-reepo!edrat..

The petitioner was a Solicitor ii Salieburyatrest, Strand.
Is 1852 he married the respondent, Elm= Johnson Ad-
cock, the daughter of • solicitor at Cembridge. The =ha-
biter= continued till last year, and there had be throe
ithiklreo, two of whom, a boyar:4 aOn still survived. The
orreepoodeat, Dime Augment Leave., was the so• of a
eager planter at Mauritius. He was • radon of the Inner
Temple, sod he =sided with Mr. Poked, • surgeon, in
Boltomow, Piccadilly, who had married another
daughter
oof Mr. Adcock. The mini= life of Mr.
n was not very comfortable, it Wog al-
thea hie wife's temper was very capricious. I
List year he had taken • cottage for her at Tunbridge I
Wells ; where she was visited by Lonvet ; and it wee
averred that adultery bad bras committed on theme can-
Irons It was also alleged that the reap adsete had coha-
bited as mac and wife at Dieppe.
Mr. Alfred Poland said the pritimes waded to him
wife always appeared to be kind. Louvet came to reside
with witness in 1880 ar 1861. He came from Bordeaux.
At the latter mid of 1861 Mr. Hodges took • cottage,
called Moist mbe, at Tunbridge Wells, for his wife
sod children. While the remade= was living there she
came to tows on a vest at Moses's. Alter them Mr had
bass repeated Moan noticed that an Jarmo= was spring.
Mg up between Leant mid her. They used to talk coal
dentially sod whisper together; and in fact their =Meet
was noticed by perms who cam to the hours. The re-
out had invited wirers sad his wife to her oottap at
bride Wells; but wittier wrote to kw declaim to go,
and requesting her not to come to him boom again fill she
was asked. (This letter was pot to, as wall am the answer to
it, in which the repoodest demanded as exomtioe.)
Linnet left ewe after this—witoess having spokes to the
young mam's father's agent.
Oro axamined—Lotmet appeared to be 18 or 19 years of
age, and Mrs. Hodpoo about 30.
Mrs. Poland said her sister's sp was 3d. Mr. Hodgson
behaved redly to bar, bet she complained to Maass that
she did not like him. He visited her at Taal:ridge Wells
boot Saturday to Monday. While eh* was at menses'e home
she saw Lourit give her (Mrs. Hodgson) a letter,
which she banded to lOW.' to read. (This was pot M. It
was headed, "To • Pak Lady,' mid the red was in Prima.
It was sobsteatially ea invitation to go away with him.)
The respondent mend, mind. Concurred is the lore,
oridob Mr. Poland wrote to her.
Mr. liodpcm4 sea., said that his era was very 11110i1 at.
I bashed to the respondent. Is coeseqeme of a cientmaal-
melon whirs be had made to inters be went down to Tao.
Wedge Wel/a, ad from the explaratiosa which the report-
=re. d her smadtica, wiener sad his son wee both
theogh ohm might have be intimiresk she
ty of
.so isrproprietp.
Town, whip was servant of the parties as 'Pm.
peered WA Laird hod wide* pa raparialt