The Express.
London, England, 1865-05-10 00:00:00

XITATING, MAY 10, 11865.

• Loral Wady bas besa thrown from his home
an 4 sustained a fracture the collar-bone.
Ihe Shenandoah is (tubing off the coast ; no
captures have been announced.

LAW INTELLIGINCE.
(THIS DAT.)

SQITITT COURT.
(Ilskee the Lad MenetGm)
coo= o. COO= —DZIOLLIALTIOIII OF ILLIQIFOILCY.
J 17001011112.
This was en appeal from Vies-otentellair Wood and was
IVsome time MUM It appeared that la
, the wife at Sir William Co. Ben.,
from him with one Maeda& de immia
In December, 1062, she wee 'ceased el • female child,
which wee Mary de Cardonnell Elm& In
March, 1863, • divorce ant was inalituted by Ws
William Cooke sinst his win, sod to Jame,
• decree for dissolution of the marriage on the
of the adultery of the wife was made, and
&Way after the lady was married to Mr. Klima
Duriag the marriage and cohabitation of Sir William 0016111
sad hls wife no children were born to them, and it wee I
alleged on behalf of the plaintiff in the relent salt that
ethabitatioo had owned between them in May. 1861. By
aa indictors dated in December, 1863, Debella Lady
Cooke, the mother of Sir Williato, settW a sam of I,tlool.
on any children or any child by Sir William, the interest
to be spoiled to their education and mainteemes ; and in
ease of there being no child or dairies the feed was to
peas to the plaintiff, Charles Edward Cooke, •
brother of Sir William. The esordiasly
rldsrbill simian Mary de Oardansell appealing
by her guardian and the trustee of the settlemosk, allegro
that the said Mary de Cardamon' Himmel' wee
Mary Cooke, and was pretended to be • child of the
of Sir William Cooke with his late wife, from
whom he had bees divorced : that it was amend that she
was entitled to the Medi of the settlement, and that the
Mined of the fund ought to besaAti to her minatenases
sad edamtioo. The plaintiff thot the thild was
not the child of the merriest by klir William Cooke, end
was sot entitled under the 'animist ; and tt was prayed
that it might be declared that the plastid, Charism Edward
Stephen Cooke, took an immediate life Interest is the est.
Comet, and also that it might be declared that there
never was any child of the marriage by Sir William Cooke
and his late wife. The Vies-Ohanceller Bedded plait the
prayer of the plaintiff, and the preesat lipped was brought.
Mr. Clifford and Yr. Godfrey Lathiest= for the appeal,
urged that this cam was gemmed by mot" Gurney Y.
Gurney," io which • settlement on the of the mar
liege of persona who had been dimmed as the ground of
adultery by the wife was used by the Gond for the pumper
of makift • declustioe of the Magllimsn of • child of
which, under the 011111=861001111, the husband Gould not well
have bum the father.
Mr. Overend, of the oomoton law bar, mad Mr. B•Ph•W•
wen for the respondent. At the bearieg, the Lcwd
Cheseellor, without ceiling on the reepoodent's ecionsel,
took time to consider hie judgment, bat intimated a Mose
/itthat the suit was an improper one. of the reedited'
s court to obtain • declaration of illegitimacy, by
means of a collusive settlement, which was not for the
benefit, but against the interests of the infant.
His Lordship in now giving jciderseat said that the 'haute
of declaratioa of trusts, op which this gait was foanded,
was not applicable to the Gait, the object of whisk waste
illegitimatne • child. In the mown pleas the deed of
imittlement was clearly collusive and unreal ; thirdly, thin.
was no opposition of interests amongst the parties; and
fourthly, the suit mofessed to be so attempt to determine
an alleged right of the Want to the small property to
which the deed referred, while in reality it wes as
your by mane of the preeeot trial to obeith is as irrele-
vant way the decision of an important point—einnely,
the statue or legitimacy of the infant. It would be contrary
to the principles of justice to allow anyone by Dimas of ea
unreal and collusive treat to force another prematurely to
try a right Into pommel= of width snob person bed not
come, so as to prevent the question being brought forward
in a regular manner. He agreed with the Via-Chanoeller
in the present ones ; although be mold Dot sown to the
*Moos his Honour had laid down In "Gurney v. Gurney."
The appeal would he dientimml with ease.

COURT OF PROBATE AND DIVORCE.
(Before the Judge Ordinary.)
HARDING" V. SLEDDED' AND LANCE. THE Q 1711301 PROCTOR

The Queen's Proctor and Dr. Bviob for the petitioner's
the Bolicitordieneral and Mr. Masan for the Qation
Proctor.
The petitioner, Junes Hardinge„had charged !Admit* with
adultery with George Frederick Lance, and in May last he
had obtained a decree nisi ; but the Quarles Proctor now al-
leged that Hardier, had himself been guilty of adultery
with several persons between the yaws 1942 and 1859,
and that the suit bad been ted la collusion with
the respoodent. It that Mae. Harding* bad
in her answer of adultery against her
tirsend ; but that at the trial they bad wholly broken
does, and a decree nisi was granted him. On the km*e
of the attorney's bill of meta, however, the attend= of
the Queen's Proctor was drawn to an Item which had caused
him to make inquiries sad ultimately to intervene.
The peril= were married in 1834. The petitioner wee a
pollcemao, and in 1842 he was lodging at the hoses ol
man.cook wined Taylor, whose wife kept a small shop in
Prioces.strest, Lambeth. it wee alhered thatrieettatamer
bad eloped with Mrs. Taylor ; bat he was
to his wife and the cohabitation was resumed. Be =
wards quitted the forte and began badness as a bedlam and
house agent. The second charge was that Walker bad
been committed by him'. 1834 with a servant sa a pal:as:-
home named Elisabeth Baker. for whom he had Mken
small shop at Peckham. The landlord of this house
wee a person named Gates, and the petitioner had
recently been to him witH a draft adidavit, which
be invited him to swear. Ia that doeurneat Oates
was requested to ay that " the petitioner did not
appear to be the kind of man to act imyroperly with saver,
be being of a stern and thoroughly business.lika character."
This naive statement caused much amusement in the court.
The last charge against the petitioner was that in 1859 be
took a shop in Genoa-street, Clanton, where be established
two sisters, named Brotherhood, of the respective ages of 15
and 17, and it was alleged that be had frpeently visited
this shop, and slept with otte of the girls. The its ha the
attorney's bill on which the charge of oolludon was bond,
was as follows :
" May 19. Attending you relative to an interview
a frieed of yours had had with respondent, who stated her
williogneas not to oppose your petition if she ovoid be
latisfied that you would allow her 4s. per week—dc. Bd."
The pptitioner traversed all the averments of the geese's
Proctor.
[The can was proceeding when we went to prem.]

COURT OF BANKRUPTCY.
(Before Mr. Cocaznissiotser Govlbstre.)
Cif NI COL. WAUGIL—LIPPLICATION TOE RZLILIZ.
Col. Waugh was this morning brought up is custody to
apply for his release. The debts are stated et 2,703 i.
Mr. Chidley supported the bankrupt's applicatioa.
Mr. Bagley opposed for Lord Carrell.
Mr. Reed, wbo also opposed. said the chief difficulty was
that the bankrupt was in custody under a capisa—ln feet,
three eapiases.
The Commbisioner—Oh, the old question. I certaiely
'hall not interfere until the choice of assignees.
Mr. Reed said there had already been an application to
the wart out of which the osmium lined, supported by
thirteen aladavita, to set them aside ; but the application
was retooled.
Mr. Ohidley asked that the release might be pealed on
the colossi &Tim sabstantial hail, which he was prepared
to do.
His Rower said he should not estertain the question till
the oboice of assignees ; mad the colonel wee taken bsok
in custody.

CENTRAL CRIMINAL COURT.

(THIS DAY.)

Prances Fanny Clarke, aged 20, was indicted for the
wilful murder of her Want Mild.
Mr. R. N. Philbws appeared for the prosesatios, and
Mr. Sleigh was conceal for she prisoner.
The prisower, it appeared, wee • servant Sybil with Mr.
Little, of Ada-lase, Briztoe. Ot the mernisg of the 11th
of April but the pruoner complained to a fellocroarvent of
bciog anwell, sad she was &Harlem& takes to bed and •
doctor was net for, who, whss be came, wired the mimeer
if she wan not in the family way, and she denied it. From
certain &commas. however, the cloaks wan convhiced the
prisoner had given birth to • child, sod • emcee was made,
and the body of • female child was foaled with its head
downwards in • pail of water la the scullery. At a War
wit of the day the prisoner's home were searched, but no '
baby lines of any sort was found, and it mild sot be die.
covered that she had made any preparation whatever. Dr.
Catmore, the medical potholes who wan walled is, stated
that ow examining the child 6s found so 'Menial sorb of
violence. There was, however, a dark mark apes the tap
of the Mad which he 'nowise:ld was from the prawn no
the bottom of the pail. He was of opinion, ham the re-
sult of the pot modem examisaiim, the child had

0.16 1
0.16 6
0.01 1

breathed.
The medical geatlentea. b. answer to Yr. BMA, mai
the mark apes the bed el the child might bare tees
rayed by de having 'slim. and that although the leap
were inflated it was so moot that the obllChai had as
ludepeudaat exitteaco.
e3sigli apes that asked the teamed Judge whether bo
tho4htithere was any evidence to sapport the ohargo of
men said he thought it was hardly ovideme upon
re IMdehip
which a verdict al wilful wader mead he feud, hut it was
open to the jury to rotors a verdict of comeselemst d birth.
The jury immediately fated the prresr guilty cd at.
tempting to sowed the birth of Me
Sentence was deferral.
Rickard froveland was bedietod for the wilful =War of
Job. Davis.
Nhr
o. °ably prameacted, sad Kr. Lary was ,sealthiA=the primes. was atria with taut margar.
Me ease wee emend as as. of mamlsagfelmm The mum
mast leak pleas is October UM, mid emend to tare
N.Z., to I; W. sued W.. edam out el a quarrel at a bases la °untoward!, Aim
atrosi to moderato. I the mimic and wee others was asommhied. Omit
ems rain. ems bar. The quinel appresi bo have laws phis low
yrorMemwtoothiad. Weetermarehmt, Wars, sad Mgt- woe Ms „bow .red um" am thepri.
tetra Mithernmgastbh amend eat lay it 11reep.
ars talk rep s pan M.trilio &gob het imbued ef
bil-
w,rd lashing sad Norte den.

aaj i
WY I
11.111 -

W.IT.W.
X.N.I.
NA.