The Express.
London, England, 1865-12-07 00:00:00

,i•
EVPitiiiNO, DECEMBER' 7, 1865.

LATEST INTELLIGENOL

/I(ssorga's TELEGRAMS.)
THE KING OF THE BELGIANS. .1
BRUSSELS, DEG. 7.
The Moniteur Beige of this morning publishes
the following bulletin respecting the King's health :
" Weakness continues to be the prevalent symp-
tom in his Majesty's condition.
(Signed)
"Palace of Lacken, Dec. G."

" Wniniss,
"Ds Rouskm

LAW INTELLIGENCE.
(THIS DAY.)

EQUITY COURT.
(Before Vim-Ohaneellor Sir B. T. Nimbusley.)
HE WILSON'S 110S118.--fit SCOTCH LAW OF DITOSCE
LSD LEGITOLSCY.
The Wioetihaneellor gave judgment in this case, the
segments in whisks ocrupied several days during lut term
The facts of the ease are as follows :--Some years. ago a
person named Buxton abutooded with Elizabeth ILicksoo,
and e ceremooy of nun** with box.
went through th
They were permed. and shortly otter they OWN out of
church the friends of the lo
se si
ted
her away from bin. and
afterwards Buxton was prosecuted for abducting the lady,
she being under age, and be was sentenced to three yens
impriamoneet. It does tot appear that the parties ever
lived together, but • deed of raved was executed,
under which Mr. Buxton received an annuity. The
lady went to live in tiootlaod, and after be
had eared his imprisonment, Buxton went to reside in
Derbyshire, and he cohabited with • woman there, by
whom he bad several Andres. In the mesotime the
friends of the lady endeavoured to get the marriage annulled,
and they promoted • bill with that object in the House of
Lords, but It was thrown out. She Ulu presented a peti-
tion to the Arches Court, for a divorce ••mom et thorn.
While that suit was guiding the parties entered into a
negotiation with • view to obtain Buxton's conical to •
divorce in Scotland. Buxton agreed to this on receiving •
sum of moony, sod in aooordanoe with this agreement e
west to Scotia:id, sod resided there more than forty dbigic
that length of residents being requisite to
him within the jurisdiction of the Scotch marts. A
petition for divorce was then presented and the Court of
Session pronounoed • divorce • Amok. After the divorce
had bees decreed. Mu. Buxton connected(' marriage with
• Mr. Shaw, and there were several children the offspring
of the marriage. Under the will of her noels Mrs. Shaw
was entitled for life to certain reed estate and about 1,800/.
personalty, and after her death the reel estate was to go
to her first and other sons lawfully begotten is tail male,
sad the personalty to her children, the words " lawfully
begotten" being omitted, and there were devises over to
other parries of the name of Moore is eue
her
she
bad no children. She is now deed, sod
children bevies claimed the property, end the Moores
having claimed It ales, the trustees paid the personalty and
• sum of mosey to represent the realty into mart under
the Trustee Relief AM, sod the matter came on on petition
from the Shows and cues petition from the Moores, each
party claiming the fund. HU Honour, after detailing the
facts, said at the timsof the msrhage of Buxton with Eli-
zsbetb Hickson, and at the time of the alleged divorce, •
marriage by the English law was absolutely indissoluble by
the sentence of any court wlutever ; and the law of thn
country did not recognise the authority of any court,
whether domestic or foreign, to dissolve an English mar-
tinge on any pretext whatever. This was solemnly decided
in Lore's awe. The Court of Session, io decreeing • dis-
solution of the mire_ of Elizabeth Hick-
son with Buxton, disregarded the quality of in-
dissolubility, and dealt with the marriage, not
according to the English, but according to the Scotch law,
and the sentence of • Scotch court must be treated in an
English court as a mere slaty, and of course if the mar-
riage remained indissoluble, the marriage with Shaw was
mot • valid marriage. But then it was said in Scotland, if
• marriage was solemnised between • man and • woman,
there being at the time an existing prior marriage of either
of the parties with some third person, although the impedi-
ment of such prior marriage was fatal to the validity of the
marriage, yet if either party was jailaSblT ignorant of the
existence of the impediment, the law of Scotland held the
children of the putative father to be legitimate. In this
cam, however, he did not think it be assumed that
either party was justifiably ignorant of the
dimmt. The circumnanose Deptieed any such assumption.
Nor could it be held that it was • justifiable error in tbem
to Banque that the decree of the Court of Session pro-
nouccing the divorce removed the impediment, because it
was conclusively proved by the evidence that the proceed-
legs which terminated is the decree of the Court of Session
were the result of a scheme concerted between Shaw and
Mrs. Brixton and her friends on the one side and Buxton on
the other. Then it was said that by the law of Scotland
the personal status of the children was that of legitimate
children and that their personal status must be
recognised in England by the rube of international
law. Bat even assuming that is favour of
the Shows, the question still remained whether
the children of Mr. and Mrs. Shaw nuns within the
description of the persons to whom the real and personal
estatewere respectively limited, and it appeared to him that
they did not ; the real estate was limited to the finit sod
other sons of Mr. Shaw in tail male "lawfully begotten,"
and uex commis the children were not the chtlAren of
Buxton, the lawful husband, but of Shaw, they were not
lawfully begotten, and therefore could not take under the
devise of the real estate. And with regard to the perseasl
estate, though the words "lawfully begotten" were omitted,
yet the testator being a domiciled Englishman his
will must be construed according to English law, and
according to English law " children" meant children
lawfully begotten mikes there were words in the will to
give a different meaning, and is Mincese there were no such
words. Therefore the Shays did not come tinder the dee.
criptio• of than who were to take the personal WAS*
either. The result was that the Moores would be entitled
to both the real and the personal estate devised, and there
most be an order accordingly. He should sot, however.
make any order as to meta, the result of which se regarded
costa would be that all the parties except the Shave would
get their cute out of the estate.

COURT OF QUEEN'S BENCH.
Mkt Term Nisi Prins sittings et Watedester.—(Before
the Lord Chid Justice and Spec:Ml Juries.)

RYAN V. WOOD.
The record in the first cambering bean withdrawn.
Mr. Coleridge. Q.C. (with whom was Mr. Hume Williams),
who appeared for the defendant, said Vila wee an action
for a libel published in the Orchestra, charging the plaintiff
with levying black mail from musical artists in this 001111.
try to obtain favourable criticisms on their performances.
He had to move on an affidavit made by Mr. Wood, to
postpone the trial until next February. It was no doubt
a
very serious charge that was made spinet Mr.
Ryan. The charge hads teen made and published by
Mr. Wood in the Orchestra, on the voluntary statements
of artists of position, and he had every reason to believe
they were true. As them person. were abroad, it was im-
possible for Mr. Wood to prove his defence, sad the object
of the pcotponemeat was to amble them to Doodled in Feb-
ruary. when they would be in this country, or to have their
examination taken by commirsion abroad.
The Lord Chief Justice said that hardly a more serious
imputation short of crime could be charged against a man
than that made against the plaintiff in the article. It was
not altogether fair at the last moment, when Mr. Ryan
was ready for trial, that the case should be postponed.
and the charge allowed to lung over him until
February. On the other hand. if the plaintiff took the
same view of the case as he did he would give the fullest
opportunity of having the charges investigated, and not give
the other side the opportunity of sayieg that if a little
longer time had been gives the charges could have been sub-
stantiated.
Mr. Coleridge said the application was an unavoidable
necessity, and the defendant would abide by soy terms his
lordship might impose under the cirmunetanoss.
Mr. Keene. Q.C. (with whom we, Mr. J. 0. Griffita).
appeared for the plaintiff, and said it was of importance that
the case should be tried as early as possible. Mr. Ryan
was eager to go tato the witneee-box, and deny, on oath,
the foul charges that had been made against him. He bad
a hod of English artists of high reputation remit, also
ready to give similar evidence.
It was then arranged that the cme should be postponed
until February, Mr. Wood paying all expesees incidguta
to the adjournment, and to furnish, by Saturday next, a
list of the witoessee the defendant intends to examine.
The ems was accordingly postponed.
LAWRENCE V. TANDEM EYNDIL—IMPORTANT TO SPECIAL
JURYMEN AND ATTORINTB.
When this rose was called on only four special jurymen
gemmed to their names, and the &Nester's were fined IW.
each. Neither patty would pray a tales, and the cage had
to stand ever.
The Lord Chief Justice—All I can say is that the Imo
of time the court =rains is very serious io consequence
of the special jurors not being BUTIMOS•1 ill time. and when
there is not a fall special jury, neither party praying a tales,
the consequence is that the greater part of the day is wasted.
This has bees the 000stast practice at them sittings. The
case must go to the bottom of the list.
Mr. Serissot Robinson said be was informed by the
attorney that the jury were summoned the earliest II10131•11t
after be had notice that the appointment was made.
The Lead Chief Justice—Re knew the cam was in the
gemral list to be tried. In future I will not have any
notices of appointments sent out, and then that excuse
will not serve. It is a matter of courtesy on the port of
the odleer of the court to send the notice, sad the wisest
course will hero discontinue it, and let attorneys look out
for themselves and ascertain when the mesa are likely to
come on.
His lordship then disposed of some common jury OMB
which were of no interest, and the court roes about the
'ale of the day.

on the business of • dialer is Henri= lies. The
• ions( man about 28 or 29, was the eon el •
would succeed to very large deputy. The
peseseeda of great persona attrictiose, `eis7.'
that fee about three years ibs
t d
=bed his attention drawn to bar, and wren_,
fee epportnaity of spealillig to her, whide......7811
however, did act wow until June, ,
interview the defendant expressed his r.wid far low
in the coures of a month a letter arrived at the se7LOS
hew, end the hendwriting having attracted the=
d the plaintiff's soother, the spoke to the plaiatif ege,7
mid the result wee a communication from et
which led to an interview between the &leaded 1177,.
gen. The defendant then stated that be kJ'.
a long time, two or three years, bees f,M..
by the bunty aid attreetkoos of her clecegeol
his raters perfectly honourable, eat be u•Ju
to make her be wife, sad be impeded himself
sad well that the mother reposed c.onfideace to
suitor of bar child. The young lady wan thee cafe l
years of age. The defendant said that he Mould oh
plaintiff educated fit for the situation to which he
to miss her. Re wished her to lake sewed aeaid
for the purpose of being educated, and h jar
Julshe went to reside with a friend of the rade iblit
Fodder, in Nessingtoa-pises, and she lived dare shll
beery, us& Whim the left Owe eke went to lie ei
Bowman's. and afterwards at other plum. They
was a Roman catholic and the plaintiff a we e%
there wee some =ovulation as to de
which the ceremoey of marriage weed 7 111
formed. During the intimacy the defeedad enowiert
seducing the plaintiff, and the result was a :
re Wei
that fortunately the was no living with= of 6
The defendant took
ad
taistiff to Feria, as te liher
understood, to be and when he came W hi he
E
a furnished how in estbourne.park.rilise, yoi
poor girl was a party to the muweigh%
made to her norther that they were wrist
ring, dresses, and other things were show to the now_
induce her to believe this statement. Tiny lied ei
and wife In Weethoureaperk-villas, but in Ode* vies
fendant went away, dying that business celled Ma teht
Continent ; and although h• bad shortly baw• wsjly s
the plaliriliT is the warmest terms or effect*,
leaved be wrote to her, castles her adrif t a tie se
heartier way. The defeedant had written mewl le%
to the pleletiff in the wad terms of a lone. la hit
18 "My e wrote :
" de rest Mary,—l fortunately saw your site a
morning. I daze say she hie by this time firesTs itesessage." Re sositabed, "In great haste, Mad hi,
es lam writing in s shop. Why do rat set wish to be
me T—With founded love, dearest, yeas ever, "Jew
lie
pain!'understooduct that some at
young tempt wouldbe be ode is e
the dun of this ady, the oaddedi
predicted that such an attempt would fail, sad awe
of his view he referred to what the defied= eme
" Why do you sot wish to love me r Again ke vats:
" M dearest Mary,—l am sorry I nude take yeah hi
Crystal Palace tomorrow. I will write spasl bums,
In haste till I meet you. I send you tickets."
Ira another letter there was this *rage
" Yon may surely dud I will not forget you. De initi
unhappy about ma—With fondest love, ever yegi.
JOHN."
There wu tho a [rainiest of a letter of the Zed Avg.
1863, in which there were these words :
" Dearest Ilary.—l wish dearest what had lappette
twee us had never been. I have We so unhappy nialg
that f should have been the mum." Re also seid, ' lee
you three years beck, but never did I think that I led
owe to speak to you.' "
Surely the defft&nt would not have writhe in Oleo
to • young woman of lone behaviour. There wars a sir
par of other letters, in which the defeated re is
plaintiff widish:o of what be wee seeing and Mu, el
then came this use about May, 1864 :
" My own darling Mary,—You know that your coign
the only one I ode about, so do not think that Ise
shrinking from your sweet company. I told la
perhaps I could not come, and if so you we Wee
allowance forma Whenever I am tempted the tlisietel
you overthrows everything. Do not be angry, Im
very sorry I shall not be with you this denies. ?WI
not ay ; you know how it affects me when I set pt
bathed la tears. I will see you tomorrow at Ina* leu
With undying love, your ever atttached " Jam'
There were other letters in similar terms which its *
need sot be troubled with, but he might my that died
&fondant was abroad be wrote to the plastid ss In.
Fitzgerald, bawd he thought the name of Min" Bey
might attract attend= ; but when in this MAT
always wrote to her in tier proper name. The last lit
was dated 13th Nov., 1864.
eifily dearest dart* Mary,—Certain circomateen
len
roe to lode Eagland. As there is no know* who
I return to England, I mast therefore bid you an and
farewell, and wish yon every success in life. If we UM
meet hereafter at most be as perfect strops
My future prospects in life are each se
to make it possible for me to renew the acquistand I
have done all I on now do, and you must expect se
more. If you will call au my solicitor, Mr. —,
provide you with what funds I can spare. Wishiag
every prosperity for the future, and wishing you evwy
I am, yours sincerely, "J. DA Coen.'
Theo, by some Decadent, there slipped in these hue d
poetry, which no doubt would at one time hare accadtb
expressed his feelings :
When other Mends are round thee,
Amid ether hearts are thine,
Who other bays have crowned thee
More fresh and green than mane,
Then think bow tad sad lonely
Thlspoor mid heart must be
Which, while It throbs, throbs only
Thou lovely one for thee.
This was the end of the correspondence, and be odd
only add In conclusion that the defendant bad since towel
his mother's maid.
Several witnesses were called in support of the pleat
ease, which was proceeding when our report left.