The Express.
London, England, 1865-01-21 00:00:00

ir,AuesNcs.

COURT OF TIMM 1:11R.--•JaN. 20.
Hilliage is Beaco.-e4Hedere Loa Ohlef Bann Pollock.
sad Banns Mario tad lit l
iumioar Y. Lama.
This was an action to recover 1,1004 upon an agreement
seder the following oirmaisteness Lytle Stephens
was the swear of Lower Gren-house,ltoidiampton, which
Lai belonged to her te
la hesba Is his lifetime Kr.
Lye' Steps granted • based the ed.
home to the elefendeet,
Iz. Loose, the builds' sad isetrector. The lease was dated
dth Jae., 18b7, sad was to be deteroduable at the option
of the owner at the expiration of 7, 14, cc 21 years, the rent
Wag 400 i. per &nous. la Mil Idr. Hideout, the plaintiff,
• gentleman sapid in large oanelseturiag operations in
Laanishin, and having • piece el business in Loodou,
entered into negotiations with Mr. Loess for tiding
the home as a residence far himself and Mrs.
Crompton, his aunt. In ()abhor of that year Kr.
Lama and Mr. Hideout mitred into a mitten &gramma
for the assignment of the lease to the latter. There was a
stlpalat that a sum of 1,8001. should be pod by Mr.
to Mr. Loom for improvements he bad made in the
house, sod that in the event of Mrs. Lyon Stephens ever.
Ming
_het power to detrains the Hem at Christmas, 1863,
and Mr. Mend leaving the house, 1,1001. should be re-
turned to Wm After the execietion of the &greasiest biz.
Rieleset took possession of the house, mud occupied it jointly
with Mrs. Crompton, who was en elderly lady le • &WM" !
state of health, end led mete SIAM Lancashire to reins
tot
Use eeighbonhood of Louie* to order to be DIM her
medlul silvans. Mrs. Lyon Stephens did give intim to';
derma:doe the lease at Christmas, 1863, end though applio'.l
nom were made to her to withdraw it she declined to
made to them. intimately &harrow! a lame of the house ,
to Mrs. o:motes for 7 yam at so inereend rest of OM. •
year. Upon these fads, Mr. Hideout claimed the 1,1001.,
and brought his mina. It amend that he con.
Untied,
eed,alter the execution of the sew lease, to
in the hoes' with Ids moat precisely as
he bad dose before, and the &him was that be did not
leave the home accoing to the tree bleat and mowing I
of the agreement, aid that therefore the 1,100/. was sod
payable. The triad took plans at the 'inlay atm last tau I
at Gagnon, before Mr. Baron Mann, when the leaned
judge directed a eonsuit, but gave leave to the plaintiff is
move the court to set it adds. All the pleas
collusion were abandoned, arid it was &peed that tgah=
trameotioe with regard to the new lease was perfectly WA
Ode.
Mr. Bovill, Q.C., now showed mom ageism a rule which
had been obtained by Mr. Kerslake, Q.C., to est aide the
awash and enter s verdict for the *hold. He said MS
real question was whether Mr. Midmost left the house Maio
the WOO of the gramma% sad he erieteeded that he did
Dot, so change whatever having taken plea in the
way in which be sad hie aunt sampled the Mrs
The words, " if Mr. Hideout leaves the hoses," be arra.
meant that Ise wee to give rap oseupatioe al, and all la.
tenet la it. Mr. Lome said that if the lease were deter.
mined and Mr. Hideous lift the boom aid hd solisleg
mere to do with it, the 1,1001. was payable, but that if he
remised sad enjoyed the beer& of rill the baprovennote
the whole
he (Mr. Lams) had mole aims the preadem,
I,Bolli. was to be retained. The greeting of • sew lease
mode so differems is the natter. The house wee originally
takes for both Mr. Hideout end Mrs. Cromptaw, and it
erominuod to be used by both after the date of the raw
lease. Ceder these circumstanciss, the leaned camel
cooteedad that the eioneuit was right. sod that the rule
should he disoharged.
111 z. MrNeb, QM., followed in therm* side. Mr. Busby
oleo appeared for the &feedlot.
Yr.Kerslake, In sapped; of the rule, mid it was dimly
the el
bail/
of the parties that the 1,60(i. should be mild
in substitution of aalocreesed real of 1004 per mount for
the aim years Gros October 1861 to ISM, whim the
Decood seven years would expire, aid that is the sweat al
Mrs. Lyn, Stephens &Maiming the lean at Ottrielons,
1863, 1,1001. of it should he returned to Mr. Hideout. it
was probable Met the improvements for which the money
was paid would be ware out so the nine years. 11 • adios
to determine the lease at Christmas, 1863, was gives sod
acted upon the teesney owed, end a mew Sammy corn-
mimed. and though Mr. Rideout still motioned to live
the house, the 1,1001. ought to be returned.
Yr. Berm Pigott said, if they treated the temamey eelt
as ma soder the deed it woe not °aniseed after the new
Isms, bet if they looked at is as the tenancy of an indivi-
dual it was continued.
Mr. T. Jews was also beard in support of the rule.
The Lord Chief Baca said the court would idle time to
consider their judgment.
Mu. Baron Martin—lt is more • matter of honour thin
of law.
The Lord Chief Berm—This Milano° mime out of the
parties having expremed themselves imperfectly. I don't
know which is the moat fruitful source of Minstar's, ambi-
guity of Legume cc the pan of those who know it best,
hut dad it after all an imported iestrnment for exprowing
what they me m, or ambig of language co the part of
others who ere imperfectlyuity
&lamented with that medium
of communication. What with the difficulty of Immune
sad the difficulty of persons knowing exactly what they
mem, we have much litigation such as has arisen in this
case.
' deferred.

Jodgmeot

COURT OF PROBATE AND DIVORCE.
Jas. 20.
(Before the Jodie Ordinary.)
CIITITUD v. oasewriert.
[The conclualou of the judge's address sod the verdict of
the jury appeared in the greater part of our yesterday's
inapression.]
The llama judge then read our the evidence re-
aped* Mr. NiolioW case. For a beg time great dis-
credit had mused to net not eel, upon the witness, Sarah
Woodcock, but upon Mr. Chetwyed's legal advisees, owily
to Dm extesordinary story of being gest to Lonrho to walk
Moat the state* and see if she ooald meet with Mrs. Chat-
Bet it wee only jut to the witsas to say that that
had bees cleared up by her enbseqeset statement, that a
little boy, the son of the detective °Mom at whose holm
she was lodging, had been seat oat with her. It might
very well have happened that she bad been told to go out
and see if she could meet with the lady, and that the boy
had bees privately told to take her to Viimpole-strest. The
horsed judge Mang pointed out some discrepencies in the
adduce of the respondent's shames, said that the peti-
tioner's conduct in getting Mrs. Edwards' take
beds for her and a potleman at the Hes and SenaC, is
Birmingham, which they did not occupy, wee very
difficult to understand, on either hypothods—that el
itaoosoce, or that of guilt ; but the point was one of
thus which might perhaps have been at am expideed if
the petitioner herself could have base asked the gateau'.
If she went to Birmingham for the maims of committim
adultery, it is middy curious that she should have soul
to the only permit in the town that knew her, and should
have asked her to take bedrooms clue together, for her and
for a geatimm. He (Sir J. Wilde) felt bound to repu-
diate a neasstrose doctrine which had been put forward by
the respoodest's counsel, seemly, that it was 'marabout
upon a man of honour, or any nue whe had committed
adultery, to put himself in the box and commit perjury.
Tleelearned gestiman Wilma, injustice to that distinguished
judge (Dr. Litshinton) in imputing such a doctrine to him.
It appeared from the evidence that Mrs. eteetwysd's
quail tams with Mr. Nichols was not a very Intimate ;
whereas it was plain, from her diary, that she had a pas-
sionate attachment for Mr. Matthews, and that eke was strug-
gling to prevent herself from falling into sin. Was it likely
that each a woman would bare gone off to Birmingham to
summit adultery with a *oedema* with whom her amuaint-
sue wan so slight? He (Bir J. Wilde) could not think that
the real purport of her Jamey to Birmingham, which she
had described as ace of " life or death," could have been
merely to wee about a governess. From a letter, however,
which she had mates on the 6th of the January following,
on the subject of certain negotiations with in- A. Astoe,
the leveed judge suggested that her dolt might have had
some reformat to that matter. He then concluded this
portion of the use by reading the evidesee which had been
ppeed is support of the alibi. The Inquiry relation to Mr.
Matthews, he mid, was a very debates me, and one that
required great dioximiestios. It would we* de to gay that
became the perdu accused had been WAN bolletbwr
they must have committal adultery. The jury
would at blest expect to have it shows that
they had an obvious inclination for ace another—
iodination not on ass aide only, but on both. They wadi
expect, also, to have it shown that the occasions when the
parties were dose together had had something unnatural
or clandestine about them. Mr. Champed had ni=et
ask the court to pleas itself in an atmosphere of
sad to regard everything with a jaundiced eye ; bet looting
at the facts as they would look at the ordieary transectious
of army-day life, they would have to say whether Mr.
Chetwyod hat forced upon them the conclusion that his
wife had emmitted adultery. No doubt Mr. Ohetwynd
bed bees seabied to lay before than • pion af
i•deac
which showed that if opportunity had offered, sad Mr.
Matthews had been disposed to avail himself .of it,
he would not have met with any serious reds-
lance from the respondent. The dicey seemed
usquetiosably to show that We. Obetwynd had
oonesived a vary milted peedon for him ; but it also seemed
to show quite as plainly two other things .• era, that Mr.
Matthews did not return her maim. sad that up to the
time the diary extended the petitioner had sot actually
committed adultery. But what was the evidence
which had been celled to support the inference sought
to be drawn from the document? That of Ann Lee-
therland, the servant of Miss Edwards, no doubt con-
tained one of thou acts of familiarity which they would
expect in order to prom snob an antecedent familiarity be-
times the parties as was necessary to raise the presumption
of guilt; but her evidence was flatly coetradicted by Mr. Mat-
thews and Miss Edwards. The asides°. of This.. Pomfret
was also important ; but the circumstances meld be
remembered under which she had entered the bex. namely,
that she bed just left a situation Is asnesqueses of what bad
applaud is the sewspiipsze at the early pert of the trial
respect* her own alleged connexion with the respondent.
It was entirely for the jury to ay what rename they ought
to repose upon her testimony, which wee in some
respects assimilated by that al *Mar irttoomoo AO
regarded the Preset book " Masao loooost,* the
loused judge roma:kid that, while in an EDO&
novel theme was commonly a murder and a trial, Is a Plumb
one there was commonly a good dad Moot love sod mis-
times. The jury mint judge of the work for theologian ;
but it mud be recollected that theme was so proof that Mr.
Matthews had given it to Kn. Obotwyod or last it her, or
*woo meted her to rod it. Is oraelesies, ha eheervid