The Express.
London, England, 1849-02-19 00:00:00

gab) iintelltanue.

COURT Of QUERN'S BBNCH.--ilareamm •
Nis Patve.-11rioro lard Daum and a Swats Liam
Trim e. MATXLCZUL Co*.
Mr. Oregon was counsel for the plaintiff; sad ib.
Knoolee, QC., appeared for the deleadant.
This was ea action, brought by a tepee i• the Royal Ea-
ell*mast the defeadeat, eke held • daisy rank la
Wit Dragoons, to reeve/ liZradip•
mares for ar3r.in,al en on, with his is db.
Oreaves, la statkag the ease to tho jam said thet the
fead
plead,' eras a (svelte ia the Royal Raire, sad the de-
aat a uptake in the 14th Lied Dreams; sad the elr-
aameoase.a whisk had given se to tie premed painful
inquiry had talus place la the laissed of Als. Rhea. The
plaintiff had trequeatly visited that idiot, and had formed
an acquaintance will a beautUll end
lady of tha name of Simper ; their iatetioleareslitir 1017011:em
attariimsnt, and. tmesiel engeseampat was the mew
quasi of it la the month of Jaly 1846 the plaintiff quitted
St. Litt% heßagland, brat rwara d toast isleadiaffebeemary,
tie year Mures, andwas married to MissElempee ea the 19th
March,lll46. The lady's father, &Adele:breathes of her la-
naily,were pressed at the aerusony, and thedebadeat was also
proud is the church, although he was sot as invited guest.
After the maniere, the plaintiff sad his bride went to a
gentluasa's resided* is the country, when they remained
about a mom* sad then returned to his carters. He (Mr.
Greene) Gould sot give the jury a better Mee of the state of
happiame is which these pubes lived than by quoting the
weeds of the Rev. Mr. Wended, the clergymen who had
married them. That gentleman dated that they had lived in
his house a month. They appeared_ perfectly happy ta-
gether, the ended of the husband being most kind and
affectionate. This state of things contianed till September
in the same year. How the defended contrived to gain the
&Redoes of the plaintiff's wife was not known. In the
month of September two ladies had been visiting at his
house. Oa the 29th of that month he upsompened them tel
their raddenet, and when he returned he bead that his
wife had eloped with the defendant. Inquiries were inane-
diaely set on foot, and it was discovered that the peeks had
left the island. nay were followed hem ate hind to
another, but were set overtaken. The phialf shaven&
found in las:house abler addremed to him by the dehadest,
which enateiasd the fallowing words :
Sir,—Fria thedledisa of St. lilt's I could sot give yen an sp.
preside), el whatever latistariks yon may eta%
bat I ham to Mfrent pea my address will bo kund at sis.
awl Co.btarata yea Mink It to mil Or my at stature perlW.
The peiliM made every inquiry in the Wist Indies, but
without somern. He eabsequatly came to Ragland, applied
te littta.Out sad Co., semi by dint of perseveriag Inquiries
at With ilbsiiirsit the parties is Dahlia. It appeared, in
the lathy part of the year 1846, that a lady sad gentlemen
had ahem lasemeate la the here of a Yes. Hammen, in
Welherkelsoll, Loadaa, when they lived together as
men mid wife pasting first by Am name of Mayne
and then 'that of Martin. These parties were
traced to Dahlia and proved to be the defendant
sad the plalthill's wife. These were the facts which
he 11111• M *SO lobes the jury. Two of the witnesses in
the cam had beta examined under a eonaressien and other
witneues would be called, who would fully heir out the
stemma which he had made. The only question for the
jury den would be, what amount of compensation in dama-
ges the plaintiff would be enacted to. In a ease of this
sort, where the injury was excessive, it was very difficult to
define whet would be a compensation to the Injured husband,
and he *eight the best enure to adopt world be to offer no
remarks on that point. He would only submit that the ease
was one of extreme suravatkn ; but he was fully aware
that English juries would not be fluidal by the °barrelled
of coedit, but would return thew verdict ea the evidence
alone.
_ _

Thy teardege of the parties was proved by the depositions
of a surgeon, and the Rev. Dr. Warneford, the rector of Bt.
Thomas's, in the island of fit. Hilt's. The latter gentleman
stated in his depodtion that he knew Miss Bumper and Capt.
Tylse. He married them according to the rites of the
Church of Ragland, on the 19th of March, 1846 ; Miss Been-
per's fathergave her away. The plaintiff and his wife were
treated with and affection by Mr. Bemper's family.
After the marriage the plaintiff and his wit* redded in de-
ponent's house foe a month ; they appeared to live very
together;happiyiisrs
loan and the conduct of the husband was
ever, that election could dictate. When M. Tyles
and the dant went Amoy from Bt. Kltt's, deponent
followed them to some other islands, at the request of the
plaintiff. He had continued to visit the plaintiff and his
wife until :hey left the island.
Item. Marrboa was then called and examined by Mr.
Greases. Wiser lived at 33, Welbeck.etreet, and let
lodgicp. She want to Dublin with Dr. Welwyn, and saw
there a lady and gentleman who had lodged at her house.
They went by the name of Mr. and Mn. Mayne. They
occupied tha dewier:eon floor, and passed as man and
wife, sul esenpied tie epee bedroom. They lived in the
sense way he a month. They were then absent a week and
returned. Dr. Welwyn addressed the gentleman ae Capt.
Mayne, end the lady r Mn. Tyke. The second time they
came to witneee's boas., they pawed by the name of
Merlin.
Mies /Witt, examined by Mr. Oreayse.—Witnem lived
at Mrs. Harrison'., and saw the gentleman and lady in ques-
tion at her house and also in Dublin.
Charles Osborne, examined by Mr. Graver —Keew the
defendant; the 'aUer produced wu In his hand wridnd(this
was the letter referred to in the opening of the learned
enure). The defendant was a very young man, the plaintiff
about 29. .

.
Denial Former ismained,..—said he was ea oilleei ent.
*red to seareliallise die dilbadant and the plaintiff's wife :
he stated that ae well set discover then, though he la.
mired eoesidmble some is his inghiries.
Mr. isawiekia adissidig do Joey kt lb@ adman, meld
that the ask of ea Menthe, la a arse UM the 'ibises, ws•
*ever • mimosas sr • grasieue emtpusbeemse he sat knew
that every Mt *AN at the to a perm
plumed I. the et the t;=ka cll:l4yet, If they
would give gide attention he • short Mu, he hoped to
be able Is simatins, game* hi loomed Mead had @smarted
that this ear a sessitgeset aggresses°, them sever was, is
fam:,uFsref I less aggravated edam brought Cato court.
The big ohms no Siarea which the jury'
swept his subsistelal Baia fa ream MN '
the reseal there wen degrees, they did Lsot all mail fat
a blot anoint of demagta.l Bo (Mr. ILsowies) Matted
that *ant_my etrematmen the metasted of a married
woman wail MI essigh, bat there were ems area is which
it was distMgahhed by eiremestsasse et great stratty,
when mid' friesillfs had been violated, add.
abated; whim the seeded oteddesse hat Ms=
.*Mw, Ifni Ishmelsmiserige we whew diadem ma
they eahlestot *sky, led yielded ealy to the segettatime of
pore. These wens eases ter eabstaailal dosisgee. lime
ma, bowdrer, ems et:a Mimed Mae, when fa the
'lmoseysida, Cr... after, the WO hod Mk: Me
the chewing tin she owe& mai. Iterela t est "hue
it Was Geer thai it was idle to talk elided* etherika. He
Would put lite the limy, WpmWpmil, die edam, el item sheet
to whisk Mee of sloth the present belosget. He Milked
the tided Pliseddmik hi mates swum isbolo so little
name peewit std a mast had bees Mogi bast Then we.
aelitag to show my red hem that the plekliff.bed saw
Weed. The km math beer fa abed that the greyed
upon whiik • data to subetaatiel damages weld
memo the' km at the hsdret's amiss& added. To
oarimato IMO lon =Shay mad sesedeia the state of
destessis Ile isjorsi Mama lived with-
bk Mih: Vtrabelleoug that fa a abort meth sr two
vatia:t dde maid target all Me desiesde ties and
aidgaliend a. Walk Way pea fate kimbeat,
sad disaster, dm my wire boast be set at ma
it; MIS imam& Masa hog tea Me emee a se toll
Mem" AMU mil Whin more, It aid
be jag II gniddia to make Illialbevhiisi of that val.
omit Midi Is eV well.reguided salads, ead,th
lea essiblee,exitted with reideaes to the arias of
adalier _ Pm of, ow dinbs :4•161 .
Tybri had. left flt. . Yids -the .Zagleed dot
saw
viondy to the amataiatosith .erne owns being aide
with Mies Smarr, that .sty had met- tie t'efendast,
who bad remade serivad l. is..alerlidedoest there was
no
doubt that a Maisel Weed at bed 'gam up between
them; T.TiOnlhe illeddilf 'a rettMolbees Rig imi this uslaeloy
Swim! Ma dim geom. Mt . are might esel'y vide/Aare
that during Capt. Tyke's elpesle on St. Mitt'e a change

had eaten plies in the feelings ef this yams lady. Was it
to be believed that the eibletlif elaseM net have perelived
this stool.. t Was ft swab Oat fa a eirestmeorlbed
essorialb like that of at. mei the *bat should
est haw bowl of the attaebasse whit\ had arisen between
lihmsperemil Oar. Yates p Thils seeks to bare made
blie areal in aisles the funning of a neared which le
tests have knows Wadi mall blew es bah parties. Why
W net the
tips
put essistady bile the boo who could
thew some ars the whale ebb I Did the jury
Mere* thee kept wftsuass sionw ? la ewe like
the neuswt Mahe after relative was Whet ; *had after
was psi Me the boa, to prove the state of domestic
happiness sad baton in whisk the parties lived, and to
she souse nodes of that whisk bad bout destroyed.
Anil did the jeer balm bat if there had not
hose a bass to be elbelisas of this young lady,
mad that the *bat bees its that arse Mond of his would
net have boss ailed 111 pm the great low which had been
snotabed V theewhish be (Yr. Henries) believed was
the truth, the phitalf wadi lave sated erh4y and pro-
batty if he bad rehabs& Ikea calling upon Kb. Simper to
Caa pram* whil It weld net with tasty be fulfilled.
rting lady la menelea the plaintiff had acted upon
bar awn of duty. ..d to eradicate front her mind the
albelles whisk had gnaw up between her and the
&hada& la ale tweetbsOrawever, after the marriage,
Kies llama, bad set heel beemind street enough to
hasp Ike seared vow whisk she bad made at the altar, and
field lidded to the atealmassa which existed before the
bend mien lea pleb In all these caw there were
degrees. Oa atheist the fislimilant's conduct would not
admit efigallemem, be bey seed to bear in mind that he
had yielded to a peados earamsa to all mankind. It had not
has dawn that dm dabbeiL•seho was now serving in
and alleged in the Sikh wariws, had any mesas of paying
maseseseat et Emirs. He Wes instructed that he had
but kis meet to derail epee. The learned
r coun-
sel andafied Ids emelt by saying that a mull amount of
=fwed* last the ata of the OM, and
ere the ate of hh ebb la *air lam that he
Lid Daemon, estrame up, said : The ealy question
he the jury to tab ow was. the sorest of which
they thought the phial. abbe to. The ad very had
been daily proved. Mos resist INN was a wet extraor-
dinary on. These Se otellasele ef a prior attachment,
but be Gould set Lip essasedig of Wbed
bad *noted. Thee eras one of esnidesos or viola-
tion at hospitality ea the part of the biadant. The
disks sat mu to be litanies of a rationea, sad it must
be suppose that be had same Ikea ; bourn he must
abide the essossenssess with vs ass to what the jury might
my woo a nessashis cooeemp..mtlaa he the later, holed Si-
ghted upon the plaintiff.
The jury, after a short consultation, Maned a verdict for
the plaintiff—damages, 2001.

COURT OF COMMON PLEAI3.--BATORDAr.
Mar Paine.—Before Chief Justice Wilde sad • epeeist Jury.
COI.. JANZO:RITI7I7 07 Deroarr Mortar on RAILWAY
Batas.
Mr. Coalmen stated the phintlffs caw This was en
setioaaa plaintiff, as ellottee of 100 shares in the South
and Ituthm, and Bluster, Swindell, Marlboro',
sad Railway, to recover 200 guineas, the amount of
daps* mosey paid upon them, against the defendant, John
Jamee,th•Selenduy of the City of Leda, a director and
umenibeeeithe man agingeseasaihes tithe eampeny. The object
et** snowy was to esouset-the seedhora nod western
essauthe with the mrillemil bye mire direst meamunication,
sod dweegh the wheel suNies to facilitate the transit
from the sank to the monk It wss promoted by Mr. Wil-
liam hoes. a selfelter, sod lho defendant took an active part
in he hemellon. This preepeetas stated the intended capital
to be hstopte., 64,4116 shires of 201. each, the deposit
=U.Wg two pdosee per share. An advertisement sp-
in the Times of the 26th of Septets:ha of that year,
Vby the ......eery, " George Wright," and inserted
emier et the eummittu of management," in-
freak* _ the rahlis that the whole number of shame in
the melsrbil wee allotted. A few days after
the of this advertisement the plaintiff, 100
shares already allotted to him, paid the deposit money,
and signed the subscribers' deed. The scheme was not car-
ried out by the directors who, without consulting the sub-
scriber., sought to amalgamate it with the Southampton and
Manchester Company. Circulars were mat mud to the
subseriben stating the impassibility of promoting the
and giving them an option either to ac-
:gats! the proposed amalgamation or to receive back their
deposit money. The attempt at amalgamation, how-
ever, proved a complete failure, and finally 11. 7e. 6d.,
out of the two gain( as was returned apes each share. The
plaintiff refused to take beck less than the whole amount,
which he now sought to recover, and he took his stud upon
the foot that a deeeption war practised upon him in the adver-
tisement of the 25th September. At the time of that adver-
tisement a considerable number of shares, 10,000 out of the
64,000 were not allotted but reserved. Moreover, 11. 7s. 6d.
only returned upon each share a deduction bad been
made of thirty' thousand pounds for expenses, en
amount which the plaintiff contended was exces-
sive' for the scheme had never one before parliament.
The registration of the compuy in August, 1845, was
proved, and of the prospectus sontaising the defendant's
name as a director, oa the 6th of November, in the
same year. Scrip oirtificates, for 100 share,, signed by the
defendant and the secretary, and dated the Ist of October,
were next put in and read but it appeared the plaintiff
was original Olsten of only 80 of the scrip shares produced,
having effected an exchange as to 20 out of his original 100.
Tbe advertisement of the 26th September, in the Ties..,
refened to in the opening, wu next tendered. The Attor-
ney-General objected, on the ground that it wu necessary to
show, in the first instance, that the defendant took part in
the affairs of the company Wore that data.
George Wright, the secretary, was then palled. He
stated the advertisement was inserted by order of
the committee of allotment, but the defendant was not a
member of that committee. A number of witnesses were
then called, with a view to show the presence of the defen-
dant eta meeting of prior date to the advertisement, but
none would swear he was present before October. The mi-
nutes of a meeting of the 20th of September, contained in a
heck which after a draggle of three hours was at length got
into evidence, at length established the fact, that defendant
took pert at that meeting. The advertisement in the Times
was now again tendered.
The Attorney General objected that the advertisement
appearing to be inserted by order of the allotment committee
only, could not bind the defendant.
The Lord Chief Justice admitted the advertisement, saying
there wee some evidence of sub-agency from the directors to
the allotment committee.

, The advertisement, being reed, was to this effect: "Notice
le hereby given, the appropriation of shares in the company
, is completed, sad the letters of allotment boned. It is re-
petted many applicants of acknowledged respectability have
been meoessarily refused. The scrip is ready for delivery."
George Wright, the secretary, was now recalled, and de-
posed that the number of shares for which letters of allotment
were issued was 64,770. The residue, some 10,000 shares, were
appropriated and reserved forth. original promoters, commit-
tae-men, and lendholders on the line. Cues-examined.-
400,000 to 600,000 shares wen" applied for. It was found seers-
sary to restrict the amount allotted, and to neglect many par-
ties of acknowledged respectability. The reserved shares were
not taken up by the directors, although the shares were at
11. premium. The appropriation of the shares is the com-
pany was complete at the date of the advertise not The
defendant took up twee ty shafts, which ranked to qualify
him as a director. 97,0001. was paid up. The only reason
for not going before_parliament was that the plans were not
ready in time. Mr. bliggine, the engineer, was not prepared.
Having no plans of our own, we took up the Manchester end
Southampton Denipany, who were ready with plans, and were
to run through the same lice of country. 66,0001. was lent by
as to 'sable that company to comply with the standing
orders. The 66,0001. was repaid, and it wee afterward' re-
solved to wind up undee Lord Delhonsie'e Act. A resole-
ties was some to at a meeting of the skareholden held for
that purpose in the month ot May, 1846. Except five in-
dividuals, one of whom is the plaintiff, all the shareholders
have takes hack the 11.,75. thi. retarnekbythe 'directors upon
sash share. Witness never had a railway 'here is his life of
his own. The payment of the deposit money by the plain-
tiff to the bankers of Ass . satin 26th of September
admitted. The ea dated IioPC 24, 1846,
was then #ut in, shawls( the number of subscribers was
40,000. The deed gave general powers to the directors to do
the aionpary acts sad Incur the neesmary expenses for
cargo/ oh the schesne.—This wee the plaintiff 's cue.
tawney-General addressed the Jury for the defence,
end eeeteaded the conduct of the directors was most praise-
worthy throughout- The engineer was alone to blame that
the scheme did not go before parliament, The company
was honestly prosecuted. The drecto s, who were entitled
to a numb, r of reserved shares each, and the defendant
amongst the number, might have realised 11. per
1611“ preisism is the market, but it was pra-
dostly sad honestly reselvea by the directors not to do so.
It was in ease of a fraudulent mirrepressntation being
enateraied the advertisement and acted upon by the plain-
title the matt made by hini, that the plaintiff wee end-
tied Ile . He submitted the truth of the statement
/
Matiaked the advertisement was made out to the letter.
it was sot there ssid that the whole number of shares were
then allotted, but " appropriated " and 0* was strictly true.
He trusted the jury a odd' adopt that view and return their
verdict for the defendant.
The Lord Chief Jostles in summing up, observed the pro-
portion of shares reserved in this instance wee not suck as
so prevent, as in many eases it happened, the carrying out
at the omens. On the contrary, the undertaking was per.
heft bon& fide, sad at one time pressilied every
of dthaaar mosses. He left it to the jury to say, whether,
kakis knking at the language of the advarthement, it contained •
elatannit false and fraudulent ; secondly, whether the plain-
tiff was theta), induced to pay the depadt money. The
jury at once returned • verdict foe the defendant.

LT.

COUNT OF EICIllitT
Mains la Beam
Rawly MID Ixlm=tatag RAILWAY 0. COMM—
RAI;LWAY CALL.—LIASTLITT 07 177A071.
This was an action brought by the plaintiffs to recover the
natennt et seditious OW seat, who pleaded that at the
time be subscribed the deed of the **spiny end *entreated
with to take the shares is respect of which be was sued
be wee an What, and that afterwards, while be WEB an In-
' lai* repedisted the contract, and pve notice thereof to
lb, 'MEM, sad also that be would, continue to held the
three
ialing4ust forthen. To (hie plea the plaintiffs &-
OW 111741 MOM& for the plaintiffs in support
48 the that the plea wet se analett to
se=lerlie ant ereatiesitiee eewroY, VIZ
saw
111"1110110ribe con:
eat wad* eight es he,. bees done after the de-
eds/4 awl woe lewpweeive duriag We minority
*no ha eagudiated the rennet aa an in-
ked, be alight have ratified it after he came of age, and the