The Express.
London, England, 1853-12-13 00:00:00

SITTING/ •T FAITS AT OTILDN %AL. —SI lOU TUT cniu

1 hie was the trst day of the sittings after Miebaelmu
Term in London. There were 122 CflUk entered, tunny of
wh.ch, however, were undefended, and in the course of the
day ssventeen were withdrawn.

SARAH CM ROI T. SIDSIRY SMITH.—CCRIOCS CAST.
Mr. DURTSS sod Mr. Domley appeared for the plaintiff`.
and Mr. Serkant Wilkins and Mr. riuddlestone for the
defendant. . .

The plaintiff was said to be a widow and the defendant
was en attorney. DIU was an action under the inter.
pleader act to try whether certain goods, which had been
seized by the defendant in an action against a person called
Milton, were the property of the plaintiff or of Milton.
...ce learned counsel ler the plaintiff sal/ that his client had
been deserted by her husband far the last 1 union years,
and she bad not seen or beard of him for the hat twelve
ytan. lie mentioned this fact because he thought the de.
t. odmt might rely on a point of law, and raise the question
th►t the goods were not the property of the plaintiff, but of
her husband. lir apprehended, however, that if the plain-
:di had not heard of her husband for twelve years the law
would allow her to sue as a female sole in her own right.
The Chief Ihron—l don't thiak that point can arise
here.

Mr. Serjeatt Wilkins said the quest'sn was, whether the
goods were the property of the plaint.tf, and it was of the
utmost importance therefore whether she knew that her
husband was alive, To save his lorls'aip ant the jury any
further trouble in the matter, ho would at once state that
Ilr. Church was waiting in the lobby to be examined, and
was not de-d at all. (Much laujshter.) He might add,
moreover, that the plaintatad seen her husband within the
last six weeks.
The Chief Iliron—Then the plaintiff is out of court. You
had better call in the husband and wit*, sal let them be
confronted. .

The ushers haying called out the names of the parties,
Mr. Church (an elderly, urey-headed man) made his ap-
t,earanee, and at once ucended the witness box.
Mr. Serjeant Wilkins (to Mr. Duncan;—There is your
long lost husbsnl. (Laughter.)
Mr. Duncan (to Mn. Church, who !tad by this time also
entered the court)—Lnuk at that gentleman, and say whe-
ther he is your husband or not ?
Mrs. Church, after a quiet sidelong glance, aaswered
.. Yes," to thu astonishment of her Ice. counul.

Th. Chief Baron—Gentlemon of t .o jury, the plaintiff
has lost her suit and hie found her h.:sband. (Laueter.)
Bat for his appearance I should, on proof of the opening
statement of the learned counsel, heed directed you to pre-
sume that the husband was dead.

Ihe plasat.ff was thus soassited.
r•WOlfa V. XDWAILDIS.—ASSAVLT.

This was an action of assault and battery, to which the
plaintiff pleaded a justification in defences of his property.
Mr. lindillestone and 51r. Powell appeared for the plain-
tiff; and Mr. James and Mr. Wells for the defendant.
It appeared that in April last a dispute arose between
the plaintiff and defendant (the former being an elderly,
and the latter a young, man) as to the ownership of some
scaffolding in the City-road. The plaintiff refused to allow
the defendant to repose the scaffolding, and stood with his
hack agaisat • ladder. unnn which the defendant rushed at
him and knocked him down. The plaintiff put up hie
hands in self-defence, but was 1 times knocked down
by the defendant, who upon one occasion knelt upon him,
and struck him in a most inwardly way between the legs.
The plaintiff was carried home and placed under the care
of a surgeon. who stated that he found three of his ribs
broken, and that he was suffrring from strangu-
lated hernia produced by the violence of the defendant. He
considered the plaintiff for some time in a dying state, and
called in Mr. Gay, a entisultiug surgeon, from the Free
Hospital in Gray's-mu-lane, to see him. He was confined to
his bed for six w.eks. The doctor's bill amounted to 291.

At the close of the plaintiff's ere,
The Chief Baron said it was impowible for the defendant
to prove a justification for such conduct, and he would
suggest the propriety of au amogeoent.
After a short consultation between the counsel,
Mr. Janes said his client would consent to • verdict
for 501.

A Juryman—We should have given twice that min.
The Chief Baron said that although the plaintiff alight
have entered into the fight, that would not justify the
defendant in attacking his in an unmanly end cowardly

Theiary then found a verdict for the plaintiffdamages 501.

COURT OF

reYILSTERDAY.

DIVAS ■L orinuiromut
_ IN Al WHITE.

The bankrupt, Joseph White, was described as a ship-
builder, of East Cowes, Isle of Wight. This was the last
'lamination meeting. The account*, prepared by Mr.
Pettis, disclosed a large moult of liability. Os the lit of
Jaasary,lB.sl, the bankrupt was in a deficiency of 43461.
He now owed to unsecured creditors, 10,14'2/.; to those
holding security, 4,72 G/. ; creditors to be paid in full, 1031.;
liabilities, 531. The good debtors were 461.; property,
1,04.3!.; ditto held as security, 7,1211. The profits had
been 4,0111. ; loges, 1801.; trade expenses, 1,9581. ; interest
and discount, 7:521.; law Goats, 9961. ; domestic expenses,
1,9141. Of the unsecured debts about 4,0001. was owing to
members of the bankrupt's family f-r money borrowed.
The bankrupt bad come to the court on his own petition,
Baskin the usual affidavit, that he had assets sufficient to
pay 6e. in the pound.
On the application of Mr. Lawrence for the bankrupt,
concurred in by Mr. Mason for the re.slgnites, an adjourn-
ment of a =quill was ordered, to give time for an investiga-
tion of the accounts.
IN Yi Or A XINING SILARZABOiIk.

This was the last examination meeting in the matter of
John Robins Vivian, described u a dealer in mining shares,
of Chaapoide, and as a coal merchant, of Statehouse, Devon.
This accounts showed an amount of liability of about
10,0001., with property (chiefly held by creditors) estimated
at 3,3881. The profile (during eighteen months) had been
9051. ; expenses of various kinds, 1,7601. ; losses, 4,5761. !
Kr. Fesenmeyer, for the assignees, omplained that the'
accounts were unintelligible, and asked for an adjournment
sine die, there having already been two adjournments.
Mr. Robinson, for the bankrupt, admitted that the ac-
counts required amendment, and consented to an adjourn-
! meat sine die, which was ordered, with a Wlited protection.

IN 1111 rAlitaT.

This was the last examination meeti in the case of
Robert Gorton Parry, bookseller and publisher, of Lea-
denhaldstreet. The accounts extend from the lit April,
11151, to the Bth September last. They arc very compli-
cated, owing to a former partnership in which the bank-
rupt was engaged. He now owes, to unsecured creditors,
598/. ; to creditors of Parry and Sorties, 9311.; to A. K.
Newman, 5,3611. In explanation of this item, there ap•
pears a statement by the bankrupt to the following effect :
that on the 23rd August, 1816, he purchased Mr. Newman's
bemuse, stoelein-trade, fixtures, and book debts, for
12,351/ , paying in cash 1,8511., and giving a bill for 600/.,
' and a bond for 7,0001 ; that in October, 1816, he discovered
that the etoek bad been overeharked to the extent of about
4,000/., and an 31.mb-hunt of 20 92/ was made. He had
dace paid 7141., reducing the debt, with interest, to 4,116/.
He had also entered into a bond to pay Mr. New-
man an annuity of 1601. for the goodwill of the
business; but discovering a further overcharge, be had
commenced proceeding in Chancery, and an arrangement
was come to by which he gave six 1001. bills in lien of the
annuity bond. The amount due to secured creditors was
2281. (the property held as security being estimated at
2601.) ; liabilities, 2,816 f. The profits had been 2,2601.;
capital of Surtets (the former partner) 3,000/. ; surplus,
168/. The creditor side contained the following items :
By property surrendered, 7391.; ditto held, 2601.; good
debtors, 12'21. ; ditto of Perry and Suriecs, 243/. ; losses of
Parry and Settee., 3,8761. ; drawn out by Suttees, 456/. ;
paid hiss since the dissolution, 1731. ; 1,9001. ; by A,
K. Newman, amount of debt revived by reason of non-
compliance with the terms of a deed executed in July,
1850, 1,533! ; trade expenses, 1,699!. ; house and personal
expenses, 7041.
Mr. Lowrance asked for an adjournment, stating that,
owing to the recent period at which the accounts had been
filed, the ofiktial assignee had not had tau to examine
them.
Adjourned accordingly.