The Express.
London, England, 1848-12-01 00:00:00

PROVINCIAL.

• •1 1106
4/11.../.45 halos similar to thous he had made DA the Ckonon public
VOTES FOR WORKMEN.—The member', of the holm. On the 21st of February, before the body was die
Dudley Freehold Land Society, numbering 126, and sub- covered, the defendant said to a pees, n of the name n.
scribing for 150 shares, have recently purchased a piece cr Lovejoy that he meant to give an individual called Stormont
land, about three acres, at Queen's Crow, in close contiguity and the plaintiff into custody, on a charge of drugging the
to the town, and therefore an eligible situation for building. liquor that Aflick had drunk on the 7th, at the same time
It wee purchased at Is. 3d. per square lard. The n.embe.re repeating the accusation which he hut before made against
are cow ia treaty for the adjoining piece of land, measuring Mr. Battsrsby. He (Mr. &lima Wilkins) thought that
about the same number of acres, which is the property of when he had proved these &eta the jury would be of 'chin
Loed Ward. The society is now enrolled, that his client was faill7
c—
s.• •
V 3 • '
• 0444
iv • (12

-:..

I

their ands.h—ls ingwert attar pleiatife ease several wit
awns wcad s tat their Witiaaray Was merely a rip.
dim el the hale already aanaled, with the •wieptioa that
a pike wasaasof tba asase al Jaaet. deposal that the ihe•
looliat bed Nil Lai, maid beer hila WSW,
Iblot ow ammrasasee Oa ado ben lb wedidarai— \
Mt. Oeslisee tug Way die jury dir the de-
Waal. adobes, OA la meld cat Willi He elisattalaer-
=bet argiagja =Wolin et dorape, tbat b. ka
tba ea=typea add* do -adieu bad haw,
limt% *Via said ea oseitemeat ward * the
death at a peat Idiot a sot Imeatahie meween. The
*heti( lei set vessleed nob Wm drela tam, sterp made
aria bba.6l kves abodised dot ble beau vie ea well
eatsaded se hantererc—Leed Dome bavi•4l owed, .i.k.
mad esw do jag raised, sad Ws west sitar
i is
alone' ti a spoiler of ea haat, .'ins:.verdict kr the pan.
till—damagee 761.
--

COURT OF COMMON FLBAS.—Taseinnar.
Men Jug.ee wade, sad • Oesimea Jury.
YOULTIII v. TKOldre4o4.—A Dossers's} CLasoviess
Ann oats or ate Feoct.—Mr. &rifest Bytes and
Mr. Bed&ley appeared for the plaintiff ; and Sir
John Bayley toe the defendant. This woe an *Mien
tapes two wry notes, au for 601. sad another
fee 961. 4er and kr money lent: to which tot
defsadaat pleaded payment, the statute of limitations, sad •
denial of the existence of the debts. The learned °ousel
for the plaintiff stated the cans. The plaintiff was an old
lady, upwards of 80 years of age, midis. at Shepherd's
J•
in whew hew the UK-slant, dissipating minister of
St. John's chapel, 81tepherd'e-bueb, had !edged as long ago
as in the year 1838, and whom lobed then takes twat his
sesiritual charge. The defendant, ho- ever, lad sot lest
eight of bar temporal *metres; for 111th by little be had
managed to ruses himself of nearly the whole of bar po-
verty. The Ant preasimory note sued apes was given to
few by the defendant, for an admire of LW. en the
theca of Decemb, 1840, and the second for 981. 45., en
the 19th of Juluy, 1842. Then was Mao as I U
fee 201., without date. • little later the de-
fendant, it ensued, booms •Egrd im some bad*
speculation with whisk the 'Otte,
_lowest. kid
nothing to do. At that time*, tiff bad semelmas
ratifies standing in her num redll6l. at die mains task.
The long annuities were enbesepassely sell est. peedaelelg
1124.155., sad flaring the tune of the Tun 1846 ead 7184 ,
them wet* suede= ham el advances mods , one of which wee
118/1.16a., the mats velum of the eternities, all which
Items were entered in • beak la the tedmire headman*
heeded " moneys received es ltidafg rant" The entire
dram wow sought to be reamed sus sued to 7101. tads
tof interest. Bat the phdatiff the &Washy of
=se, had taken the preaches of Mier • bill in equity
for a albumin. At eke risk of the peresesiss of friete can-
alised fa the defendant's answer witeh the defeadaat who,
ha mews reepeete, was an alienating'', might, inadvertently,
aad within% mordent kneelers, have sworn to, that answer
wool/ be put la. By the gamer he admitted having given
the two notes, hat stated they were paid es as the
1 0 U. ee.l
that thought the seas were bused, It haring
been so agreed. The truth also of the items in the building
assent, with the exeeptioa of the ;endue of the saultiee,
was not denied, and it was Mated it was originally sesaat
there should be • m age upon the land in respect of those
advances, but the bad turned out valiselom. Bat
as to the produce of the amenities the answer healed it was
ever paid over to him either by the plaintiff or
the broker concerned in the traimeation. Some the bank
metes, however, by which the cheque for the &meant of the
annuities was honoured, would be trued tato the heads of
the def. ndant. In support of the plaintiff's came, the two
;meted
notes were offered in evidence, bat being ob.
;rimed to by Sir John Bayley not beteg properly tamped
they wens conarquesee withdrawn. The 10 U was then
cat,, and the account in the defendant's handwriting.
is the meaner, and soataisiag the items, includ-
ing the 3641. 16e., as jated by the plaintiff's counsel, was
mat tendered in evidence. It was allotted to for want of a
receipt scamp, but the objection being overruled, the ac-
want wee proved in evidence. The bill and answer wen.
satread ; the latter being @stemmata:ly in imedonnity with
the opiates. There was ale avidness of some of the bank
notes by which the cheque, is respect attire produce of the
ennuities was hoaoured at the bankers, be some:into
the defendant's hands. This caseload the pleintitrs case,—
whereupon:, Sir John Ileyley was about to address the
jury for the defeues whoa the learned judge inti-
mated that considering nature of the legally, in which
chareeter was at stake, he would suer at the propriety of a
reismon. It was accorMegly agreed to take • nominal ver-
dict fee the plaintiff for the i.amages mentioned in the de-
claration, subjeat to • nfersece of all matters in difference.
when both plated, sad defendant an to submit to crow
esamisatiaa Wan the arbitrator.
Yaw. e. 110DOSN_ISMCCTILII.—Acricne iron Saimaa
DCII2IO lemisee.—Mr. lierjuat Wilkins, with Mr. Payne,
were count let the plaintiff ; and Mr. Petersdoef, sad Mr.
Joan for the defendant. The plaintiff, Maria Kamp,
sow sought to newer 601. as waite or compeseation far Is
bran sad widow rendered to the late Ric
iteiter of
whom the deliendeat woo the executrix. The rimt
denied the existenee of say debt ; sod osommily. pleaded
payment. It appeared tho decimal bed boss is
the habit MI trocesstiag the home of }Mdls
tether, formerly a hosier in Maryleteme, wino so
improper intimacy sprang up between hint sod the
plaintiff, who was then only sixteen years d are.
Elbe ultimately bon him a child, now eight years aid, lad
during his lifetime the deemed had invariably paid kw St
• year on seems% of that child. Bhe continued to live with
her father foe many years after the birth of the child, and in
the spring of 1844 toe deceased, awarding to pleenutt's wit-
semi, being in en ernmely weak end attics state (the
plaintiff hairs" nursed him before) requested her father to
allow the pl until to live in his house, to toad and nurse
him. After some reluctance this wee permitted, and she at-
tended epos him during a lin,ering and paisful illness, with
the utmost aesiduity, up to September, 1846, when he died.
It was fur such service, extending over • period of eighteen
months, she now claimed. These facts wife deposed to by
envies/es principally members of the plaintiff's family ; and
in proof of the estimate ;nit upon her services by the de-
ceased himself, • teeneureadum, purporting to be written by
him, was put in, being in peacil and directed to the j
in which he bad pat down • request to his brother, who was
named executor, to pay leer SUS , independently of the
annuity of 201. left to her by his will. This paper was read
after the funnel, when the defendant said it was of no
vales. Cosvenatiess by the %water were also spoken to,
when he referred to this paper as searing Dome remunera-
bon t, the plaintiff foe bet great nrvices--Mr. Petendotff,
for the detente, coatended that the plaintiff west to re-
side with the defendant. not in the capacity of • servant, or
of a person baying • right to remuneration. She remain. d
mistress of her own movements, and nursed the defendant
only three Mouths. lie would show she had expressed her-
self amply satisfied in respect of all demands Is the nature
of wages for such time, and claimed only in respect of the
document in questioa. lie submitted there was very treat
ninon to believe that docent's% a forgery.—For the defence,
the defeudant's attoraey provedthe plaintiff celled upon bin;
alter the testator's death, and admitted having re-
sietd ten stadium • week dung Mr. Hades life,
with the except ion eta kw weeks before lie death, tor which
she hail sines been paid ; bat she claimed 601. se a legacy as
the strength of the unceintent. A servant proved that the
deceased was not conflued to his rum by illness been June,
1845, when witness left. The plaintiff was before that time
living in the house, and used to walk out and take helse mee
with decease,. Their bed•roonts were adjoining. her
judgment the document was *Titus by the plidatiP, and
not by deceased. On erne-examier ion this witless stated
her sister was mother of defendant. An illegitimate son of
the deceased, • brother of the defendant, stated he thong' t
the document was written be the plaintiff, and not by his
father, nom whom plaintiff had learned to write. Another
witness, • former tenant of the deceased, alto sp. he
in disproof of the handwriving.7lllr. Serjeant Willow
having replied, the learned judge left it to the
jury to say whether the plaintiff did perform the
Nftieft claimed for, and if so, whether she performeu them
gratuitously, trusting to her chance of a legativ, or whether
upon an widerstaxding she should be entitled to remunera-
tion. With regard to the paper, the genuineness of which
we. in dispute, though it were not in decessed'• hand-
writing, if he adopted it they would consider whether it in-
dicated an intended gift or an estimate by him of the value
of bar services. If she served upon the terms of looking to a
legacy only, they would find for defendant ; but if upon the
tense she was to be entitled to remuneration as of right, then
they would had for the plaintiff.—Verdict for the plaintiff
601. Amain.

COURT OF EXCHRQURR--Tastsanau.
listPow.—Beforeßlr Y. Pollock C. 6, and •111116111eset Damon
Joey.
STOCK= 9. TEE EARL or LINISZICIL—STATUTII op
LIMITATIONS AND PLZA or INIANCT.—Mr. Martin,
sad Mr. Miller, were the plaintiff's counsel; Mr. M. Chun
bus, CLO, and Mr. Baddeley, for the defendant. The was
an action for goods sold and delivered in 1846 and 1846, and
en a bill of exchange for lOU , draws by the defendant on
the 214th of Mae, 1831, at six months, upon the late Lord
Glentwortb, who actepted the ease, sad endorsed by the
defendant to the plaintiff. The defendant pleaded that he
had not endorsed the bill; that he was nadir age whenbe
endorsed it ; that he had not received notice of dahonour ;
and the astute of limitations. As to the residue, pa)oi.dit
was pleaded except as to 271, which was paid into court.
The plaintiff took out the money paid into court, and
replied as to the bill that the goods which formed the
consideration fur which It was given were " necessaries "
suitable to • person to the d fendent's position in life
As to the statute of limitations and notice of dishonrur, thee
the defendant had gone locym.l the tan 1)4 re the bill
arrived at maturity, and had not returned to England until
within six years Lat past. The rue was part heard on
Wednesday, but in justice to the parties our report was re-
served until yesterdey, when it was brought toe termination.
On its resumption yesterday morning, in consequence 4 the
unavoidable abettor of a juryman, whose house had b. en
rubbed the previous night, sad whose attendance at Marl-
borongh.street police-office was indispensable, it was con-
seated by the learned counsel on b ith sites, on the sugges-
tion of tie learned judge, that the cause should be pro-
ceeded with and decidid by the remaining eleven jurors. It
appeared that the plaintiff, who is now an extensive stationer
is the Quadrant, had formerly curl( d on the Wane= of •
Merchant tailor in Itegeetstreet. In 1880 the defendest,
ewe the Rea. Mr. Perry, sad second son of the late Lord
Glentworth, dealt with him. The defradeat sad his
brothor were staying at the dins at an hotel la
Bond-A.lttet, and so manly was their wardrobe,
it was welted, that one was obliged to remain
in its house while the other, who wore the only
clothes available, had gone out. The plaintiff supplied
clothes (vat :ime to time to the extent of SW., for which, to.
gather with 10.' in cash, headed to the late Lord Glentwortli,
the hill in hue.tida was given. Subsequently more clothes
were supplied, but, as then ace no writhes soknowledgment
foe them, it we* net a memo attempted to Mom their
Imam In the saws& 'el 031 the dobadsat olitaimed an

Mhos teftse and, hamediately aferrwards promeded
thither. The bill 'eas set paid vides. M Blaney he re-
nand nail the rtSlllllll Of 1846, wirm he secareded to the
title and Wad.. of the late Heel ot Limerick, the late Lord
Westward.. havigg revised, Mal. The planar, who bad
mural 0 eissabise • steekaav, gam up the bedews.ol
sad eillopeet la Ns Masi thea% be arm kno
1111. delludot, eller nataveas Ikea Sydney, retramed his
".45=rh the *lad& Sao whom he ordered
dardwarli. Aleut Om slue
tort yam ISO,
ea essewat stilksAillatirs dorm* c
ep
periodd.
ending the aid deldemitheaMemall el the bill of mohair
inqsseties, wee Immiehml. Oa the 31st of 111110846.
need tea
galled se the yisisollre dap ea& told l
ees kreman,
nteld Ones, that he would wig We own account of that
yeer m seta es be druid get Eli ewels, but that the eid
I°
se.
swat should be sad to We WWl's% 'Me would pa
it-
Kay, 1848, the defeadmt aria mama sad island for the
ha, whisk was shwa lie Ho shed his apace of It was
Ms maid bow wool his bootherla Ze was told about
had sash, sad throw= he aid Mat, se he lateaded to sue
eat edialshiestim to kis hater, he did sat ebb the ae-
sseat ski debt to be seat to the eelieber. sad that be
wadhepay it the
hismelL That year resod awsy,_md It=
NT lessivod me gram About Christmas, INS, he
wather assessit di& esobe flomead for lIWNSWarele;
INIMISIZID SUL Ma, whisk was. however. aut la
the in hessian wafted aa the
:Pas maidsam in Peellem#Ondl_oderned/i 83 die do'
homisat's Mara He Mad ass wawa essamg the pair
date assmt, sad immdisally after Orasa's Maw bass
mkseisi is, Ids Wear Su: to methee
owl to teak • se he 1001., =it
healed to fiesta, who laird it by • m-
idge " esanat." defendant was thes asked
fko a bill fa the while smat lowa of the dampe.
Nat hh lordship wswered : "No I way have imam brie
is my yoath, bat I hops, with Cidd's ealtausee. mdatain
unsullied the honor and dignity of the Bail of LIMA& I I
think it unbecoming for • puma is is statics to ham bib
circulated with his same to them. ru give as lams Mk"
A trivial error in the amount was then palatal ma by Me
defasdast, to whom It was mailings& after the aline MS
cessostsd by Green, who thereupon withdrea—For the dm
faiirat, Mr. Chambers submitted that he was at all dor
limey ha pay for the goods 'applied to himself, but had awn
beams searadble for those 'applied to his brother. Thai
phiallf would gat eased to mega payment oa these lanae. I
sad theme Ms dsmaad was naiad. The tiehadaet, who I
was wider age when the bill was draws, wee sapped hp his
grandfather, the kw Hari of Limerick, with way assemary
requisite or eatable to hie soneitios. It mad nel be
said that the ertieles of dress supplied burs
plaintiff were seemmesaries." Would the pay
Isr laminae that, for a lad of 18 years (as the thadmilat thee
was), a milk thesdargown, valued at 16 gsdnee, 11111
" neesisary 1" It was quite true he was the soma' sea of
the heir wen width, bat it %mid be neatened that the
has lewd °leeward' Mosel( had merely • meaty allowance
him his Esther, sad that it was hardly seilaisat to keep
Yen . It
oee hoped that the verdict hi this cam would be
sash m tmm ftrisemea from eatrappiag yams am
emorsagestai bablis. mad that the jury would return •
media far the delladeat when it was proved that be was •
mbar tam the hill was dawn, and that the goods hornishei
was mot asammies suitable to a person in his thus amillisa
The Carew lady Olentworth proved that the dobadmit
woe lawn is Mahn 1812, iind that he went loopy
Ostelier, 1831. The defendant's father had as for—
tone, and was very straitened in eircanstences wing the
latter part of his life.
Mr. Whiting, at present a clerk in the Custom Hone
tiee
gad d that the detrodaat and his brother boarded and
with him in 1830 and 1831. At that time he kept a
green's shop in Chapel-street, Gromenorapare. 'they
came to hie house to take spartateats as respectable young
gentlemen. They apparently had no mew at their own
disposal, but the lets Berl of Limerick paid (through a Mr.
Poole, who had married ore of the Ladies Perry) about
Si. 12s. 6d. a week for their board, lodging, washing, and
attendance. If they required any nanny, retch as
clothes, he.. witness had instructions to inform Mr. Poole,
who ordered him to purchase them at the cheapest rate
possible. Witness was slap directed to keep theta out of
debt, and make it known that they wen minors, foe they
were at that time respectively ally 18 and 19 years of age,
although in appearance they wen over 21 years of age. In
May, 1831, the plaintiff called on Mr. Perry (the defendant)
at witness's hones. Witneas asked him, afar be had seem the
defendant, what was his business ? The plaintiff said he was
a tailor, and had left large quantities of clothes ordered
by Mr. Perry. He asked whether he knew Mr. Perry
was a minor ; the plaintiff said me did not, and predated this
bill in question, which be said the defendant had gives him
that day—that it was accepted by the late Lord Olentworth.
who had received, es part of the consideration, 101. from
plaintiff in cash. Witness then said that Lord Oleatwath
had been in very embarrassed cimunssuinces for many years. ,
and that the bill was not worth a penny. Witness then ad-
vied the plaintiff to get his clothes hack, whereupon he weat
upstairs, but cassiderable uproar having ensued, witness
followed, and saw the plaintiff endeavouring to force away
the clothe. ; the defendant, who was dressed is one of the
nits, ranting him. Wine% recommended the defendant to
give them up, which ultimately was needed to, except
the nit defendant had on. The plaintiff took the rest away.
The young men had no pursuit or occupation whatever.
This having closed the defendant's ease,
Mr. Baddeley contended that there was no notice of
dishnour.
The Lord Chief Barn called attention to a late ens de.
Meting that an admission of liability on a;bill of enhance after
it armed at maturity was evidence to go to a jury of notice
of dishonour.
Mr Martin, in reply, said the defendant's counsel claimed
credit for him for acting fairly in not resisting the demand
against himself personally, every shilling of which he said
bad been paid, but he had notwithstanding availed himelf
of the most dishonourable kind of defence that could be
picked up. The statute of limitations was a very proper
and • wise law to prevent persons being compelled to pey
debts twice over, perhaps alter having lost all proofs of the
fact of the first payment. But in a case like the present,
sheer the defendant acknowledged the debt was due, and
hail it properly vouched, the dance set up was most dis-
reputable. Thom there was the plea of infancy. There was
never • more bOourable debt, nor was there ever a more
dishorei table defence. The jury could manly imagine
that any man would he guilty of the mesuneir to put on a
suit of clothes, contrary to the owner's wishes, and refuse to
give them up or pay for them. Now, after the lapse of 18
years, the in was obliged to resort to legal procenines,
elan fortune had wiespectedly raised the defendant
to rank and wealth. His lordship's answer now was
that he would not pay for it, as the suit was
not a " necesetry," earl if it was a "ni
sary," ke was proceeded by the statute of liu itations.
He said he was prepared to pay his owu part, but not his
brother's. That was hypocritical defence. (A laugh.) He
had, in fact, never paid the one or the other. Oise would
not expert to bear of such conduct from one brother to an-
other us any rash in life, certainly not in the defendant's.
The Lord Chief Baron said the principal question for the
jury was, whether the defendant had given Green the
cheque for 1001., in discharge of the stAtionery account only,
or in liquidation of the entire, without reterence to any par-
ticular pert of the account. The jury at once fund • vet,
dim for the plaintiff, with 1001. damages.
On the apple ation of Mr. Miller, an order was made for
*nay execution within a week.

EXCHEQUER CHAMML—TIBTIMUAT.
Before the Judie. of the Ckeera's Het* awl Ilimsalikehiquer,

es roan *OM die Olin of Queen's nosh.
Glans V. PLIGHT AND ANOTII3I.—Tit PAZINE or fie.
Watenoox.—Thie saes wee set down for argu-
ment yesterday morning, Mr. Mr. Iferjeent Talbert], pur-
suant to agreement between the parties, applied to have the
hearing postpubed, se it was expected that the question
would be ranuipd out of court. The court weeded to the
rIVaAtlteLlIT V. HEALEY. LIBEL. This coos must he
Lmiliar to the publ.c, as it has frequently been before the
courts in Weetminster-hall. It originated in en action for
I.bel at the instance of Kr. T. P. Healey, barrister-at-law,
mid editcr of the Medical Times, against Mr. T. Wakley,
M.P., the proprietor and edit°. of the Lanett. The declare
teen contained several counts, each of which alleged a libel,
as published by lb. defendant in the Lancet. The first
count set forth the following, ea publiattei by the defendant
in that periodical.
la our lest we advised the milled °Moen of the poor-L.lw union to
More on Independent wee, god trout to the Justice of their ca
mid to their own legitimate aeriesfro ea amend" eat of the
grieves's., of which they justly einplellm advice le doubly M
emery at the mead tme. When ire mete Irak there was oily ow
poly of a suspicious character aMrewalig elate the ma em
of the poor.Mov 'medical agitation for
rip. Now. lbws
aro two qaacka in the &id, the one
the other the vacant TOM of the lastleals ; the ens 284.11=
roam grade, the other attamptlog ea hey entrthielesa es therm
taw medical porn. It me pier her win serpessoar elks d
three penes to latermeddle win Wok WM%Yea erne A he to.
eseMatele nisei As a mots et swenedisaleg their wawa the pror
law medical aim &raid to wag lattror stroprit sad
co.operstsce Orbit prolmiswl Walk= as maw waft We I
have already semi upon the latter the duly, WOW Ike eakroklowt. '
of malting mimeo came with then, Mk skew tee void don
the teethe& officer to 4•old tie t eat kr am
adventurers, which would WNW, awit Wilk=atel
disrepute.
The sewed count contained tks Want Ina the
alleged libels:
Wi Deed not dwell upon the twodkg usesowita latersea Me
poor-law agitetor and the Magma vita kw
dereloted the duvet nment, and with crier
it loot to
the profeesion, and whom wand, wad= it le Wang
Mimeos to the preemies Ste dlimwris awl waliwot.
he 'bird count ran :
Oar Indication ha. gives es arm gratileatiolli AL, the oddoion
in a mend ativerthicaatet of We wee ul a gawk lawyer Ned hautaate-
, twak, who Intruded himself open the poce.lew asdlsi me, sod
char Intrusion of Inimeelf If peroxided to chador Welt law boded
to damage the mune materhilly wish all them who Immo Obi eheniagt
of this laminator. We west k•• lotiretias Salad dare
imam wry ems of their reserve lona all eit aerrenenere debt
binder the adhesion sad shakes the enthesism ef their
Them should been rump In this matter, nor dimewiffallera =Ter
The fourth count set forth that :
Every point of the three Vs, Engird, dmilsok god Ireland,
▪ tirreisg • quota to the mem W per law relief
wkiek ualwrreilly prewilia Nora tits Iropeli For law
marg./as en Wednesday au auk is k or *saki hoe Wes.
hem,
• an Ws about 1/5 Wigan We Maly be.
int ear the &Yet telheme tee hare Mem relined a, awe
moil kw" teen IMO. Yit wail to as oriels mom a weattes
• the merchant. ot Leaks as tkeepeolk mile the wegorlo.
weikwor et Jaw* Ley Mil Deg_ se It wild kr to owesse
▪ swede' =dor ta• mob. et Naga, kw&
Tkir }vg7 led for ohs pkiatiff, damage. 40a Afterwards
the ianeen amen die Gala in sweat of judgment ; but
wad woreorowial : knee the passe appeal.
Mr. Bresstrallr iof die wife of error, contained
that the aerie wet heft s Mao wants did not mount to
libel, immesh as drum= Were ant suill.nently definite,
spoliiag to $ eh% Of to isdividnals.—The court
held doe tho mini east Ara Is ell the counts, with the n-
egation or the eianil. Olney automata to libel. With n-
ewel so timi eisigesd semi, they amid take time to oce•idoo
sltakffroat•