The Express.
London, England, 1851-11-28 00:00:00

COURT OF EXCHEQUER.-YESTERDAY.

aIITINNI an Nis Pate.—Enrols 111111 LOAD C 1111; TrAIOTA..`ID
0031110 A lose.
8120DWICKE P. MATILIWKAN.—Tuovra.
This was an action of trover to recover some wearing
apparel, jewellery, and other articles, valued at SOL
he plaintiff was a publican at Brighton, and the de-
f cadent a porter in the Customs. The property in respect
of which the action was brought had formerly belonged to
the plaintiff's wife, who died on the 27th of April, 1850.
The claim made by the plaintiff was resisted on the ground
that the property in question had been given by Mr. Strud-
wicke to the defendant's wife, who was sister to the late
Mrs. Strudwicke. The reason alleged for this gift was that
the defendant's wife had attended upon the plaintiff's wife
during her confinement, in which she hail died, and the wear-
ing apparel, ffe., had been given to her as an acknowledi-
ment for her kindness in so doing. According tothe plaintiff's
own statement it appeared that upon the death of his wife
he had her wearing apparel and some furniture packed up
and sent to the defendant's in London for the sake of safe
custody, and he merely gave Mrs. Idathevrman two

watches, a workbox, aid a mee. themeitif
Ihsl, the plaintiff dressis st the hellskee hedt the
wearin4 apparel and the iurnitere, bat tat dellindant rt-
trod to up Or: wearing ,rparel es the weed that it
had heels p:svn to his wife. L. pun this Mbar the present
astir sia, brought.
The pie stiff was the only witness called at ant, and
bevies lima kis owe account of the trenascuon, on ern.-
seannoVi.oll denied th et he had ever in the presence of
.a
1111 r. and Mrs. Cope admitted having 'smiths defenditot
wife th• articles in question.
Mr. Hominy, Q Cl., then addressed the jury for the de-
ferents and said he should be able to warred the state-
ment of the plaintiff, and called the defendant, who swore
that the plaintiff had told him that he had given the pro-
perty to his wife.
The trident* of Mrs. Mathews** was then tendered,
but hit lordship rased to receive it. Mr. Portrait
thereupon congroted, os behalf of the plaintiff, that the
should be examined. The braid judge then left the
court, is order to take the opinion of the other judges then
Wrist 10 the Exchequer Chamber, rto whether Mrs.
Mathewroan inicht to he examined.
The Lord Chief Judie* of the Common Pleas shortly
afterwerds informed his lordship that all the judges were
not armed upon the point, but the majority thought that
the wife was • c .iv,a tent witness, if the consent of the
other saik were given to her be' m examined.
Mathewasai was then called, and she stated posi-
tively that the plaintiff Rave her all the wearing apparel,
Me.. of Sr late sister, for her kindness to her during her
Ureic pLsiotilf had told witness to pack up the
treating apparel and other artistes, which the did, and
took them us London, in the moulh of June, 1830. The
plaiatiff did Lot demand the property back until Mr. Ma-
thews's ward him for 171., which be owed him. In her
nitwit denied that ohs bad ever
amid is the pre.ence oh a Mr. Ashby and a Mr.. Brampton
that the plaintiff ought to have given het her sister's things.
♦ hotter w Mrs. Idithewinau'i handwriting, addressed to a
Yin Unstop .4. then put into her hands. In this letter
the writer said that the plaintiff " ought to have his furni-
ture, hut should not have nor precious sister's things now."
By thew apresiion witness merely meant to say that the
furnitase did not belong to her.
In sapport of the defselaut'a ease a Mr. and Mrs. Cope
see a Mr.. Pendrill were called, and they all proved
having heard the plaintiff say that he bad given to Mrs.
Matheemee all his wile's wearing apparel, &c.
To contradict the evidence of Mrs. Diathermia, Mr.
Robert shabby, the steward,
re and Mrs. Brampton, the house-
=to lily Newry, we called by Mr. Petersdorff.
those witnesses stated that they had heard Mrs.
Mathewson my that Mr. tdrudwicke ought to have given
her all her sister's wearing apparel and other articles.
The Lori Chief getup hosing summed up,
The jury retired to consider their verdict, end after an
sharer of as hoar and a half, returned into court with a
verdict fur the defendant.

EXCHEQUER CHAMBER.—YFATERDAT.
&ma+ In Mama.— llamas Ma. Biwa Auseama, Ma. BLIMP
NOW, Ma. JP.Den I.:PANOPPLI, MP. SAMOA PIATT, Ma. !MIPS
WILAJ•1111. Ma. Jews.. Tisv sae, sea Ms. Beane Maw..
C.ALLID V. MI: IN 'relict Darnias or EVORA AND
OTMIIII3.—CONFTACCTION OF a WILL.
This was a case from the Queen's Bench, involving the
ceastnietkon of lineitatMns in the will of • Mr. Dailey, under
which Mr. Challis, with a Mr. Breatilen, was a trustee.
Mi. Dailey had four children—a son, named John, in well
r three daughters, named An., Elizabeth Maria, and
Barb, the first and last of whom were married. Mr. Daley
left to his children an rotate each, which was to descend to
their respective issue when the latter should have reached
the age, if sons, of 23, and if daughters, of 21 ; but in ease
of the failure of issue, the estates were to go over to the
families of the other brothers and misters. Ann and Eliza-
beth died without children, but Sarah and John had each
several; and the question arose opin:the distribution of the
estates of Ann unit Mesh. th, whether the will had created
▪ ezetetory devise, and thereby offended against the rule
as to perpetuities; or whether it created a contingent
resaaindir.
Mr. ltolt appeared for the plaintiff in error in support of
the former view; and Mr. Malin. having replied at great
length on behalf of the defendants in error,
Judgment was postponed.

INSOLVENT DEBTORS' COURT.—VasTERDAT.

_--armor Va. Ctroncosaaa Humana
IN THE MATTER HE Ji'Llue OtTaTAT BRANDT.
This imulvent, a professional Moser andesseber of music,
whom case was before reported, came up from the Queen's
Arleta fur a protecting order, under the 28th section of the
Protection Act.
Mr. Parma opposed (or three creditors, and Mr. Cooke
(with Mr. Dowse) supported the application.
la August lost the insolvent was beard, and his ease ad-
journed sine die fur improperly contracting litlish.. He
wm arrested, being withuut protection, and MI Men four
months in confinement. Ile Mid suffered a seed dial in bis
health since his confinement, and was now under
severe Indisposition. A question was raised the
insolvent could make a proposal out of the tame earnings
of himself and wife, who ulso taught meek. Originally,
to avoid imprisonment, he had offered TIM. a year, bat
he bad lust his connesiun and email est mite a
Mr. Cualanir.sioner NUM'S soma
elfed=le 11•=11111
WY Some by fur a proper& TM MA mimed the
offer, and after a lung iospriemseat it was esa mask to ire
pen a Condition on the insolvent, who had already suffered
severely. The court granted a proteetiag seder sad dis-
chugs from prisms.

:11 COUNTY COURT.—Yesnimkr.

611101141 eILAMIS .11111./T.
YMMTUM r. HAMMOND. - MONT or BDIMILS Or
01.1114 A Timm.

This was an action b.oultht by rlaiatiß, • mask seller and
dealer in opera tickets, residing in the Strand, against de-
fendant, an agent of the Covent-garden Opera Company, to
recover the TAW' of nine pit tickets. The tickets in ques-
tion had been purchased by plaintiff in the ordinary eosins
of trade, and by him sold to a solicitor, named Holt, who
presented himself with • party at the spec regnesting en-
trance in right of the ticket., but was unable to obtain ad-
mission the house being full. Under thesis circumstances
he claimed the return of the money paid to Fontana, sad
rossivered it in this mart.
. .

—fh711;11/4;iiract in that action now smelt, in his tutu, to
mismer of the Opera Company the vales of therms tickets.
The facts having been proved, it was contended, on be-
half of the defendant, that in refusing to reimburse the
Ointilf be hod but followed the custom of the trade, it be-
ings well understood principle, that nothin_ but the gran-
tsmen of the document was guaranteed by the seller of an
epees ticket, who was not answerable far the inability of
a Warr to obtain seems to the house.
• imp number of witnesses, dealers in tickets, some of
them spoke from an experience of 30 years, all agreed In'
attesting the exigence of such a rule as ausoog dealer. in
tickets although it was admitted that, as in "Holt v.
Youtain," the maps of the trade could sot be successfully
pleaded spasm the piddle.
The Julie eaki-1 think the pasty who buys the ticket
le *Misled le get assemble amommadation for it, no
manes theeeet hew many heath the ticket may have
er es have the seuey retuned. la the latter ease
must apply Is the party hem whom he beiriyht the ticket.
his a mistake te suppose that he Amid meth hie claim
mina the 441111?•17 with whom he ham made se aimaast.
I. this ere It,. !entire has a right to beid Iffr. Hammett
Mal* and he is thrown back spat the praprieton of the
Opera, whose excessive bane of tickets is the came of the
minty
Verdict for plaintiff for full =mat claimed.

BLOOMSBURY COUNTY COURT.—YuraiwAy. 1
lams D D. licaui, rem. 055 • JOLT.
flistirne 9. Tan LONDON AND NOME WINIVAN
RAILIII Alt COWAN T.—ASSAULT IT TUN C 11
'Pavane'.
Ms was us attics brought by the ipleintilt Mr. William
Ilerithe, embolism!" Jehamnet, against the '
above realm ..mph 7, to tweet damn kw an emelt '
easuaitteil apes hies by two el( their erenesen
Mr. Rebiasea, who append he *MIK said OM Ids
cheat's elks was in town, nod hit midst= et Mom_ and
to travel to and tee hi had Ni. is the essetest habit et
parehmiag a seam tithe* or the Union est Mese West-
era Railway. On the Illtk et 7* des yielsedk whose
bead was to take him back beet the isiil•4lpan
terminus at sin o'clock in the evindos wee in attend-
arm thew at *even minutes to tine base essompanird by a
bap, who was shoat teasseespegy kin en 'Mitt to his wife
end Mr*. On eateries the beelderedlee plaintiff found
• flew peeler there, and the den leadf4A:: the plat-
hent Ant, sad seeing some et them te apes it the
we eng, plaiatalf toll them te, mod It bosh Ise
viol Meet* Mimed W the hey mendiesed, ere same
slime. bet be led set pampas& tar hies them=
hen the beeiduspellse et " Cem• isek." The
immedletely Mented wesel. end had rotund some these,
lobes let was visimaly Imbed es either Me by two of the
esmpany's marlablee, sad wits, altheegh es resistance was
ellheed, tbreatier their knuckles inse bin throat sad shaking
Pith/.
.thagged him into tie bcokiag-ellow. He there took
nth peeket-lsok, and salad dews the amber of polka-
gees 817, bet the other walked away, tad es Isquiriag of a
dieestive numbsr sad both as. the reply was, 'lta• adds; it serves you right.' plaintiff- bad subs.-
'neatly emend into a communisation with the company's
secretary, Mr. Stuart, first calling their attention to
what had transpired, and methane the usages of
the mestabise who had emeressed, Whew ke received
• =luta" Oho NI of lifecalt4it, Veg that his letter
et et 7ely led been by the directors,
mat rem lorpsiziee ouuM not 110187 Dal that their servants
weseteltheme, Duettist that were thinking of the prODDety
of
tithing thessedings whist him (plaintiff) for a lareseh
at thole agridieee The potent proceedings were there-
upon
en Wag swim, gate "Misses which fully con-
trolled the elemeet's stetament.
Ceseemowelemi—Osigt to dm pietism I saw •
but train *Ana whisk I ems as or I ma le ge by,
athemies WY WI It wee the Itellza lee Valet
hag, whisk led bees dstelwedi Irma et the
fee Vol* eagems Wei. The tale sou tlg id net sr
ateljes• till Who* sin VAAL The paws ma who
ms with bee veep powerful mm, bat I w not
enelled. mod did net even say lips to them till reaching the
leelleimpelles, whew I said they ought to know better then
Is west lb* pemesers. I have had a mason ticket about
huie.rreOreelsen, solisiter, 68, Chaseery•laaa, and
/ielmi *Mein, mid be ales held a same ticket, and
wee prod 'DIM of the assault ea M. plaintiff,
Wl* lie emihesillie • Mika& nature end committed
premealles. deserthed.
Omositimsksed by Me. Ildise—Tbor• were about • dome
pear gement when IMMO, opined the door, when there
itho Ite nee, all Ulm wiry riot and orderly, and there
OW be no peelonat for *lv that *sir piss es the

platform might endanger life. I saw the plaintiff speak to
a man in plain clothes, whose conduct in return was ono
tearing and insolent.
Mr. John Carney, licensed victualler, Pincer. WI be
w is present en the oceatsiiipbst:aaw plaintiff bro.& Me
the booking-office by the .He saw se Mimeo
o:r the
Mr. grattho,:,tihne pa
leasdamad.
!toy.
mama
ohm
aa
more Adman had Mao nail than was osoreammto=le
were Mao habit act maim forward to a
was or ass the sus Any ought la p Writhe dose la
valise was always thati *limp_ pools all platfono
wire • emis wee shwas stardom witiiiisss aro in 46
inelialleastlie signal having bees &aft Its so ling. TM
ffieretore, fir the jury to owohlso was,
_had the
e servants used mere tam waintsry violence Ile
earier'(• e safety of their which he thought be
Amid be able to prove shay sit
Captain C. P. Bruyeres liquid that he was superinteas
dent of the traffic line of the Imadon and North Wester*
Railway. He knew the door 'pelting from the booking-
office on to the platform, which was always closed when a
train was going to start, and not opened till afterwards. On
the evening in question, when the half-pest 5 o'clock train,
which had been unavoidably detained till 6 o'clock, was
given the signal for starting he saw between 20 and 30
persons come out of the booking-office, and run towards it,
when, being afraid of accidents, he called to the police to
stop them.
Inspector Sibley said that on being spoken to by Mr.
Bruyeres, he assisted in keeping back those on the platform
from the train by extending his arms. It was then about
tire minutes to 6 o'clock. He saw no violence, and did not
notice the constable 367 till subsequently in the booking-
office.
Constable Mills, 672, aided the inspector when the people
retired peaceably hack, and he did not see hands laid upon
anyone, nor remembered seeing the plaintiff, whom he
should have known.
Robert Buller, 347, said he had the charge of the door
leading on to the platform from the booking-office, and on
leaving it shot the iron bolt into the door, which he pre-
sently after heard withdrawn, and, on going, found the
door open, and plaintiff and others going along the plat-
form. He called to them to come back, which they did,
and he never went any further than the door, in which he
stood with his arms across, to prevent any persons having
egress. He never collared anybody, nor saw any person
collared.
Mr. Robinson replied ; and
His Honour, having gone over the evidence, left the case
in the hands of the jury, observing that, from the testimony
of the last witness, it was evident that perjury ezisted
somewhere.
The jury, after a brief consultation, returned a verdict—
.l/. and costs.

BRISTOL DISTRICT COURT OF BANE-
RUPTCY.—YISTIMMT.
Repose Couru.tousa Ma. SWUM? erorwsw.
Tun MuNIIuCTHSHIRU AHD OLAHOZOAN BASCH, al
PHILIP JONSS, BANISH, LLANOATTOCK.
The bankrupt in this case is • shareholder in the Mon-
mouthshire and Glamorganshire Banking Company, and the
sitting was for the choice of assignees. Atter proofs to rho
nearrant of nearly 12,0001. had been put in.
Mr. Titian, solicitor to the London Joint Stock Bank,
I Meted that he intended to apply. on behalf of the Monmouth-
shire and Glamorganshire Banking Company, for an ad-
journment of this choice. The bankrupt was prima facie
indebted to that concern in a sum of very nearly 100,0001.
This account had been sent to the official assignee, to know
if he had any or what objections to make to it, and the an-
swer received was, that the official assignee, not having any
papa-book of the bankrupt's, was amble to examine the ac-
count rendered. In 1811 the bankrupt executed • certain
deed (of which the bank was not now in possession), which
secured to them either 30,0001. or 65,0001., according to its
construction; he also gave a security to the London Joint
Stock Bank fur the Monmouthshire and Glamorganshire
Banking Company for 40,0001. ; and a further security of •
promissory note for 40,00001., given to the Monmouthshire
and Glamorganshire Banking Company, and endorsed to the
London Joint Stock Bank. Now, he understood it would be
contended on the part of the bankrupt that the whole of the
first sionrity was paid off, with the exception of 5,0001., and
that tie two securities of 40,0001. each must be treated as
ass awl the owe sum. If this assumption, however, were
asemots the Monmouthshire and Glamorganshire Banking
would still be entitled to prove for between 40,0001.
and ~ but as they had not yet had an opportunity of
ennobling the bankrupt or the deed referred to (which was
now babes counsel), he suggested the propriety of an ad-
At present he only saw a number of proofs put
t 641 the family of the bankrupt, end he understood that it
was-intended to propose Mr. Jones's own brother as one of
the assignees. Undoubtedly there would be a very large
proof against the estate, either by the London Joint-Stock
Bank or by the htonmuuthshire and Glamorganshire Bank-
ing Company, and therefore lie thought they should have
an opportunity of voting in the choice.
Mr. Stone, of the Western circuit counsel to the peti-
tioning ,creditor—We say that the Monmouthshire and
Glamorganshire Banking Company cannot prove for any-
thing till they have realised all their securities. We say
also that the bankrupt is • partner in that firm, and that,
therefore, the bank cannot prove against his estate. The
case "Ex parte Ellis" (201yn and Jameson, 312) has de-
cided that point most completely.
Mr. Tilson.—We do not seek to charge the bankrupt as
one of the firm, but on an account quite independent, and
on an admitted balance. Our debt is not founded on any
claim against the bankrupt as • shareholder.
The Commissioner said they appeared to be about to em-
bark on the discussion of a very nice point, and suggested
that if it were so. it would be most reasonable to go on with
it at the right time, yin., when the proof of the banking
company was put in.
After some Nether opposition from Mr. Stone and Mr.
Bevan, solicitor to the petitioning creditor, confined princi-
pally to the point of the eligibility of the bank to prove at
all as against a shareholder in the concern, and to whether
if all the securities held must not first of all be realised,
The Commissioner said they were wandering from the
question. Ile was of opinion that ample grounds had been
laid for an adjournment, inasmuch as • creditor having
large interests would be excluded if the choice now pro-
ceeded. If this had arisen from the fault of the party, the
case would be different, but it was not so, and therefore he
thought an adjournment ought to take place.
The case was then adjourned till the nod of December.

CENTRAL CRIMINAL COURT.

OLD COURT.—YwnsDAY,

Meows lose Cam looms COMM. as. Ka. Banos PAM,.
CONDIXT or BAWITIZS.
The ease of Thomas Hobert Mde,A was this miseeksi
called a at the sitting of the court.
This indictment was postponed trim the lest seseism,
when it was specially filed to sons on sa Wednesday of
the present nessioa, and Mr. Lewis, of Sly-pises, the attor-
ney for the defendant, had spookily robsimed animal
Wilkins on his behalf. kagova, Os am was and
on on Wednesday an apW sa wee aril to posepose the
trial on the ground that 11rnmmt Wiliam had returned his
briar, stating that, having boa Maims& is several heavy
samosa at Mai prius, he was malt* to atteod at the Central
Criminal Court to della the prdsrase, sad, althorn'? Mr.
Iledkia was she istaismid in is we, he mu 'mailbag to
sada/take the defines mltammt dos esistaisse or Moder.
. .

TM Lord Chin Justin Ines Mb MeseSA donne trial
ettoeli cone ea pereenheily tide assaulos.
Mr. iluddiestoes mow side is spiplirAiss he a farther
El:L=t of the Mel spa IS indent none lorMr.
"IWe elest be in intrusion Mr. B. Jones ss
the pieviess disy, eon ben hooded bin brief he the de-
feats which he scented, bed this norolog that Wean
gottlinaa bed retuned the brief to his Sae WWI •
weenie that be could see stead es es sure, is sour
pious of tbs saber of ores he was aped Is at Wog-
ismer.

The Lord Mgt hosting said be ties& guider had
Imaresead top wanton tie paseponerar K tho trial, bot he
roped dos rem of *dos in this owe WWII mot be im-
paled ma my farm argion nom sea mare. It WAS
very wing dm radiomen Is songfe et bride salsa they
know elnd elegy mad aired to tho oars.
Beam Parke--It is • wry is proceeding.
I The Lord Chief Judge it was very wrong indeed
toe a learned swanael, Aar baying accepted • brief, to re-
ars it es dte very raessinn the mud was to come on, when,
of mum, doers cord be as opportunity to obtain the ag-
Mesmer of any other nomogram ; rad he hoped, for the
Moor and erre st dos bar, rat mush en accurronce would
sot again take plass.
Rawrom so vasPoucz.

At the rising eltite7courtoniiciateday,
Lord Campbell pm directions that a sues of 16& should
be paid to Earthy, the police sergeant, who was shot by a
robber at Acton ; and W. to Bayley, • constable, who was
with him, as a reward for their meritorious coaduct upoa
tho occasion.

NEW COURT.—YESTUDAL
Emu Ma GVIMMT.
811.111111 NO IN MILLIBANX PIVIIITINTILIT.

Marasswier Goode, the convict from the Milbank Prison
who, het session, was found guilty of stabbing one of thi
warders of that prison, was brought up for sentence.
Itir. Gurney sentenced hint to two years' imprisonment,
sad hard labour.

Assoc.

Mary Anne Pantell, the little girl who was alsn con-
victed last session of setting Are to the house of her master,
was placed at the bar for judgment.
Mr. Gurney said the crime she bad committed was a
very had one, and that she must have known when she was
guilty of it, and but for her youth he should have ordered
6tr to be transported. As it wee, he should order her to be
imprisoned in Newgate for 12 months.

-Ramo nu icassaa.
WITUHOLDIXO EVIDINCI.
Thomas Dario, 29, fruiterer, was indicted for the man-
slaughter of Elisabeth, hie wife.
Mr. O'Brien and Mr. Cockle prosecuted, and Mr. Clark-
son defended.. .

It appeared that the prisoner and his wife had lived to-
gether in Vernon.place, Bagnigge-well-road, where he
carried on the business of a greengrocer. The dammed
was a woman of very quarrelsome and intemperate habits,
and prisoner was in the habit of diming her. Oa the 18th
of October she complained to • boy is their service
that prisoner had beat her with a shovel, and that the had
got hart upon the head and hand. Subsequently she be-
came very ill, trisypelas havin4 set in from the wound in
the hand, sad of which she ultimately died. When dying
she mods • general charge of ill-treatment egumt prisoner,
and said he had been the came of her death. At the in•
knelt held upon het body the jury retuned ea open
ireediet.

IME.