The Express.
London, England, 1853-12-22 00:00:00

THE EXPRESS, THURSDAY EVENING. DECEMBER 22,

taloa the 2.1 July. On that day I -vela to Tauutun, where
I put up, as usual, at t'o London Hotel, and wee told that
the plaintiff was there. I wee -lows into the room where
the was. I had not expected to see her, as I had written to
put her oft. She was at dinner. 1 left her and afterwards
returned, but found that she had gone out. It was some
time before she returned. It oceu'red to me that I could
nut leave her unprotected in Taunton at that late hour, and
so I took her home to Cumbe. Mr. Horsey was at Ply- I
mouth, and did not return for several days. I asked her if
she bad received any message from Mrs. Blanche. She said
she had not. 1 said Mrs. Blaache's character was uneatis-
factory, and told her in what points. Sle said she could
not account (or Mrs. Blanche's change of sentiments
towards her, but she supposed it was in consequence of Mrs.
Blanche having lost several pupils because abs had given
notice to quit. I said I would show her the letter when I
reached home, bat it was impossible that I could keep her,
as it appeared from that letter that she was not truthful, and
that she was not strict in her religious opinions. She begged
me to keep her, at least till she had an opportunity of writing
to her friends, and offered to teach the children for nothing
for three months if I would allow her to stay in the house.
I declined to de so. The last part of this conversation took
place at home, when I had shown her Mrs. Blanches
letter. I said she might stay until I heard from Mr.
Moymy. He returned on the 9th July. I had written to
him, and heard from him in the meantime. lb. plaintiff'
had raked me to write to Mrs. Hill, sad to writs again to
Mrs. Blanche. I wrote to Mrs. 11111, and received an
answer from her. I also had two or three letters from
Mrs. Bleach.. I then had two of the younger children at
home. I did not give her any ceders to instruct them, but
she did so. I received a letter from Mr. ileysoy on the
6th, desiring me to send her away, and I communicated it
to her. She appealed to my filcher, saying she was
homeless and friendless, and entreating me not to turn her
out. I then said I would let her stay one mouth from the
time she came. She said nothing about a three months'
notice to quit. Oa Mr. kloysey's return, I commu-
nicated the arrangement I had made to him. On the
26th she told me she had received letters from London
which would oblige her to leave, and asked if I kaew of
any omveyanee. I said I thought the carrier left the neat
moreiag, and I would send to the village to inquire.
She spent the rest of the day packing up. Is the after-
noon I seat for her to the drawieg-roeue, and gave her
a cheque for 7!. 14s. 9d., which was a masth's
from the 24th June till the day she left, and trelafr.
extra for ths first month, according to the agreement.
The rest was for her travelling expenses. She was at first
goats to take it, and said she would not clump for her din-
ner at Tauntoe, but ultimately declined to take it. She
bad said she was penniless, so I afterwards enclosed the
cheque to bet in a tote, but she returned it is another
note. It was not given me till as hoer after she left the
home. I received a letter from her, dated August. The let-
ter claimed WI. 7e. 4d., for her salary and other items, and
was replied to by Mr. Hooey, who denied having en,
tered into any enpgement with her, and again offered
71. 14e. 9d. She sever told me she bad lived with Mrs.
11111 or Hrs. Oiler.
•. _

Cross-examined by Mr. M. Chambers—She frequently
appealed to my feelings as a stranger. I asked Mr. Moysly
about the form of engagement. I wrote to ler a form,
which she copied and returned with her signature.
Mrs. Blanche—l keep an establishment for young ladies
at Woodland Villa, Honey, in Gloswestenhire. The plain-
tiff came to me as French teacher on the 4th of April. I
remember her absent oa one Saturday, when she told me
she was going to Bath to en a friend. She had not then
said anything about quitting me. She
wish to Wave me. I gave her notice to leave She after-
wards said she should like her sister to take her place, be-
cause her sister was more religious than herself. Before she
left I told her I was going to part with her on account of
bet non-religious principles, and because some of the young
ladies said they should not return if Madlle. was with me
after the 26th. She showed a restlessness sad dislike to
family worship, sometimes reading a book while I was read-
ing the Bible. Sks has said that the Bible was an ancient
book, but she did not believe it to be a true book. She fre-
quently converted on the subject with me, trying to prove
that the Bible was sot true. I remember a conversation
with her upon Mr. Brewin Grant's work against acclaiming
and intidehry, and the said, " He would do for me, became*
lam an infidel." The plaintiff would commeacie her meals
before gran was over. She told me she should not remain
at Mrs. hioysey's longer than Michaelmas. She wrote me
from Mn. lloysey's, asking me to give her a religious cha-
meter (In this letter the plaintiff said that she wu thu.
roughly a Christian, although not so strict as emir persons
in point of form.) I once told her that I wondered at her
entering the family of a clergymen. She said, "they are not
at all particular ; they never have famil prayer or grace."
My husband said he supposed it was a tow-hunting clergy-
man, and the laughed. She said they did not mind having
a dinner party on a Sunday.
Cruse-examined—The conversation about the Bible n-
amed early in June. My sister and my husband were pre-
mot. It arose from a conversation about the impropriety
of lying. I thought her an satire insdeL Mr. Howard is
now studying with a surgeon. The coaversation about Mr.
Grant's book occurred late in the inning.
Lydia Janos, the sister of the last witness, mid that the
plaitedff had told her that she thought the Bible was an eb-
mine book, and asked if she (witness) believed in it. I said
it was a very strange question. She laughed. On another
occasion she said she did not believe in Jesus Christ, and
thought the visions of the prophets were only day-dreams.
She asked if I had read the Bible through, and if I was not
such surprised at many skims which were in it. She said
she thought our Saviour was too intimate with Martha sad
Mary. . . .

Clots-examined—l omumaicated these coaversatioss to
lay sister, bat Ido not remember at what time. I took no
notice of the dates No me was in the room when they
°centred. They were sot long. I did not tell all the coo-
voreatioss to my deer tll yesterday, whilst the plaintiff was
Va. Sill-1 keep ea eetablishmatt kr young ladies mar
Coveatry. The plaintiff came to me in August, I/42, and
continued with me wooly two months. She told me she
was suddenly summoned to Germany to see her father. Bhe
persuaded me to Wm Yr sister Julia in her plats. I after-
wards received a letter ihma her from Chester, is which she
said she laughed very amok at having mystified as about
going to Germany. Wide she was with me she told me
she was well amasialed with the Primus of Capne, and
produced testimaskie to me—one from a Romaa catholic
priest, and the other hem a Swiss protestant minister. I
did sot read them -

Cron-ezunined—l seat a testimonial to the Governesses'
Institutioa,tat Liverpool, on behalf of the plaintiff, in
January, 1&53.
Mr. J. Howard deposed that the plaintiff lied stated in
his presenee that Mr. B. Grant's lectures would do for her,
u she wu an infidel, and that she thought nuking of the
Bible.

Cross-examined—We were smoking, but I do not know
whether we were drinking or not.
This was the defendant's cue.
Madlle. Ahriman was recalled, and said—l said I
did not believe in hum Christ. I would not due to make
use of the expression that Martha and Mazy were too inti-
mate with our ember.

diantieriiiving replied,
Lord Campbell osmasod op. His lordship said this was •
moat important oaddianinsing ease total who had anything
to do with it. Whams, view they took of the ease, they
could not help ssomininting the plaintiff; hot they must
do their duty with Ormstage, aid look only to the evidence
before them. They mast first soy whether this contract was
an absolute or conditional one, and he thought the weight
of evidence was in favour of its being an absolute contract.
But then came what he might call the frightful qut stioa,
whether the defendant wu induced to enter into the con-
tract through fraud and misrepresentation oa the part of the
plaintiff? The most insportaat part of this branch of the
case related to her assertion that she was a protestant. If
they believed that she had represented herself to be • pro-
testant, and they also believed the evidence given by him
Blanche and her sister, he thought the plea of fraud had
been established. The evidence of these two want:sees
via certainly denied by the plaintiff, but they must say
whether they coasidgrool that the conversations spoken to by
those witnesses were lavenders'. If she bad made use of
the expressions imputed la her, she was certainly not a
protestant ; and haviairopagesdad herself to be a protes-
taat, had bean guilty st tamed mai misrepresentation. They
must judge for themselves betwaim the coolicting state-
ments of the plaintiff sad this stlingsses for the defendant,
and give their verdict amisdkily.
The jury retired, god Ole an &bassos of about an hour
and a quarter, returned Ye alert, eat pea a verdict for
the plaintiff upon both IM MO 11111 t the amonstelaimed, 311.
4i. 9d., leaving after an dedoilhia et the mare paid into
court, the saes of in lffs. k•

COURT OF COMMON PLEAS.—YasTERDAT.
IDTMIOA AT DUN MID 1111 lADDON.-30001 CRISP Ming lAMB
• D • OPIAVAL
Llllllll V. currox, 11411. T.

- -
The plaintiff in this ease, a timber merchant, having
bought a quantity of trees upon the estate of Sir Robert
Clifton, proceeded to eat down and remove them. Some
dispute baring arisen, however, the plaintiff was prevented
from removing pert of the timber, and in conaeguecee of
having been so prevented he brought the present action to
nova damages.
The Attorney-General, Mr. Gray, sad Mr. Kettle 11p.
geared for the plaintiff, and Mr. Seguin Ryles, Mr. E lain
Junes, Q C., and Mr. Hawkins wrre for the defendant.
At the conclusion of the plaintiff's ease, the court ad•
journed ; and the further hearing of the case wu postponed.
Under these circumstances we defer our report until we csn
present it in a complete form.

COURT OF EXCHEQUER-YESUIDAT.
AT PUS TIM AT otILZMALI- MOORS TUT CUM BAUM

TRINOSL O. IILACIMORE.—FALIII3 111/.111110:0111MT.
Mr. James and Mr. Hawkins appeared for the plaintiff;
and Mr. Serjeant Wilkins and Mr. Cress for the defendant.
The plaintiff (a Oerm.in by With) is a merchant
raiding at Hull, where he has lived fur the last
nineteen years, and carried oa business for ten
years ; and tte defendant keeps a public bowie oiled
The King William," at Hall. It appear.d t, at the was in the habit of going across from Hull to G r.
-
many on matters of commerce. The plaintiff and defendant
had been accustomed to join together in small speculations
for the pummel, of grain, cattle, etc., in Germany, to be
shipped to Hall. In November last the plaintiff went
across to Oldenberg to purchase merchandise, as usual,
when he was offered 300 quarters of beans by • Mr.
Muller, at 28e. per quarter On his return to Hull the de-
fendant agreed to join him In purebesiag this beans, and
advanced 1001. for that purpose. Tim *Mal returned !o
Oldesbeog, but Mod he soul sot this Auk the bane as

the pries previously offered. lie, however, forwarded
about 60 quarters to the defendant, and subsequently per-
' chased 100 quarters more, which could not be shipped, as
the steamer bad awed arum. Plaintiff off, red to return
the defendaat his mousy, but he insisted on having the
beans, the pries of which had risen very considerably, and
they continued at a high prior during the following spring
and summer. Oa the 29th of July last the defendant put
en account under the door of the plaintiff's bone, and on
the follow's( day gave him is charge of a policemen for
obtaining noway under false pretences. Plaintiff we.
taken to the leek-up, a cold, dirty, disgusting
plate, sad Keened with thieves and other dis-
reputable chancier*, from Saturday, the 30th July, until
the following Monday, when he was brought before the
magistrates, end discharged on his own recognisance. lie
subsequently appeared again, whoa no charge was preferred
against him. The plaintiff's wife was very ill at the time
of his apsireheasios, and this fact was known to the defen-
dant. When the ease was ultimately dismissed by the
magistrates, the plaintiff was arrested in consequence of an
affidavit which Ind been made by the defendant and a
policeman, that they believed he was about to quit the
country. This statement, the plaintiff said, there was no
foundation whatever for making. The civil action was still
pending, the defendant having given the required bail.
Tho defendant had charged the plaintiff with being a rogue
' and *swindler • but it appeared that he had acted through-
out with the knowledgei of the defendant, as was shown by
certain correepondenee between them and by the plaintiff's
evidence.

There were two smuts in the declaration, the first
charging the false imprisonment, to which the defendant
pleaded that be had " reasonable and probable cause," and
the second alleging that the defendant had uttered certain
slanderous exprondom of the plaintiff. To this count the
defendant pleaded a justification.
The plaintiff was called and examined at great length,
and was mush affected is several parts of his evidence. The
nee was moinedinte when
Mr. Serpent Wilkins interposed, and the plaintiff having
communicated with lois counsel, the learned enigma said he
was placed in somewhat embetrasaing circumstances. The
defendant wee set there, sad his solicitor had gone to look
for him ; the Landes agent only was present. He thought
it was utterly immoral' to justify the conduct of the de-
fendant, and, belkviag it to be hie duty to the public as
well as to the owart, he had prevailed on the other side to
consent to terms whisk were very generous and creditable
on their pert ; and be begged to say that there was no
ground whatever he noting any imputation on the ehs
reeler of the Adult It was arranged that a verdict should
he entered far the plaintiff, damages 51., to carry coats,
and that a stet Meellaine should be entered in the action
now pending by the defendant against the plaintiff, who
would leave the mast without a stain on his character.
The Chief Isims--This appears to me to be one of those
eases in which s proem be. beea used in a most
improper .surer. ASIR eli this esereepeadease had been
going ea the deindeat saildealy tarns mad 'pea the
plaintiff, particularly after the letter written by the de-
fendant to the plaintiff, telling him to sell the beans on his
account. After having does so be returns and is attacked in
this extraordinary manner. Something very much like a
partnership noted between the parties. The action is not
brought to obtain money, but to defend the plaintifi's
character, whin, I think, it has fully succeeded in doing.
Mr. Serjeant Wilkins—l wish it to be undentood that
the responsibility of this tones devolves on me, the defend-
ant not being here. lam one of those who think that the
word " counsel " mesas more than advocate." It is to
give good advise.
The Chief Baron—l have often, when at the bar, said I
would Let as counsel, bat not as an agent.
Mr. Newstead, solicitor, said he had received a telegraphic
communication from Hull last night to say that the defend-
ant would be In London this morning, and his clerk was
goes to look for him.
The Chief Baron—lt is now 12 o'clock. There is plenty
of time for him to have Ines here. It appears to me to be
• case that calls for very serious damages ; sad the ease is
really decided by the defendant's own handwriting. I
can't help saying that I think it is a great piece of good
fortune for the defender.' that he is out of nun.
Verdict for the plaintiff accordingly.

COURT OF

r.YESIIIRDAY.

IN RI OLIVII.-CAIN OF A MINING ARMIN DZALNR.
This was the meeting for choickof assignees in theme of
Philip Oliver, dealer in mining shares, of Brompton, and of
a place in Cardiganshire. The liabilities are large—it is
supposed about 5,0001. or 6,000/. ; the amount of assets is
uncertain. Only one creditor appeared to prove, tad the
choice of assignees was adjourned.
Mr. Linklater then applied for the discharge of the bank-
rupt from custody, when he had been for the last five
months.

Mr. Nicholls opposed the discharge, on behalf of Mr.
Thomas Jones, the provisional assignee is the Insolvent
Court, and two other creditors. The bankrupt had been
arrested on the 6th of July i • vesting order was obtained
on the 6th of August, regains' him to Ills his schedule, but
he had not yet done so. It was contended that by this
contempt he had forfeited the benefit of the 112th section.
Mr. Lawrence also opposed, for Mr. Grandy and Mr.
Wright, two creditors.
Has Honour refused the application for discharge, on the
ground that the bankrupt was in contempt of the Insolvent
Debtors' Court, and was keeping himself in gaol by neg-
testing to file hie schedule.

mon ma. oinammons WAX&
IN 11 :AXIS ILAMIII GIBBONS.

The bankrupt was a straw-hat warehouseman, of Wood-
street, Cheeped,. This was the adjourned last examination
smiting. The accounts prepared by Mr. Maynard, were
very voluminous, extending over two-and-three-quarter
years prior to Jane last. The items were of large amount :
To eredttms, 29,4071. ; ditto, secured, 6191. ; liabilities,
6,1201. ; assets about 4,6001. At the commencement of the
accounts the bankrupt bad a surplus of 2211. There were
no profits; the losses amounted to the large sum of 17,9441. ;
expenses 4,8621.
Mr. Waller, for the assignees, stated that they had
effected a compromise with one of the largest debtors to
the estate, and were new satisfied with the accounts.
Mr. Honeyman, on behalf of a creditor named Graham,
required some further Monition as to the bankrupt's
transactions with MT. Was, of Latin, who was a credi-
tor for 2,8001.
Mr. Graham win eitainSiid, and stated that several of
the creditors including die assignee, had their debts secured
in the Trade Guarantee tiodety, and on that account they
were lees anxious to look into the bankrupt's affairs.
Mr. Waller denied that two of the assignees had their
debts soured. The failure was a very heavy one ; the
bankrupt, after three years' trading, stopped, owing
29,0001., with only 4,0001. of meets. He accounted fur hie
deficiency through having sold goods below cost price to
M'lnteeh and Clayton. Proeeediugs were pending againet
the latter, mad it might be as well if the examination stood
over till alter Hilary Term.
Mr. Lawrence for the baakrupt, said, the assignees were
willing for the bankrupt to pus at the last meeting.
Mr. Walls denied this, as did one of the assignees.
Mr. Lowrance said they had consented in the first in-'
stance, but afterwards wished an adjournment on the ground
of the opposition made by a creditor. As the case now
stood he would not resist an adjournment.
His Honour, is directing an adjournment, said he was
certain that Mr. Lawrence was incapable of making any in-
tentioaal misressentation.

INSOLVENT DEBTORS' COURT.-YESTERDAY.

110011/1 xa. 0010WWWW2
His Honour sat for a short time, and the court on its
rising adjourned to next week, for the Christmas recess.
11.1 I. W. .
This case was again mentioned. The property had not
been actually delivered, but was ready to be given up to
the auctioneer of the court. _ _

Mr. Commi-sioner Phillips said the insolvent would not
be discharged until the °Mar of the court was in possession.
His Honour pronounced a conditional discharge, on ac-
count of the adjournment of the court. In this case the
costs on the application of Mr. Macrae, who appeared for a
creditor, were allowed.

IN IN TOUNO.
Mr. Reed applied to pay about 1,0001. into court in this
ease, arising out of an intestate estate, to which the in-
solvent was entitled.
The Court granted the application.