The Express.
London, England, 1846-09-01 00:00:00

Cabo Nutt'ltgrn cc.

EQUITY COURT—YErreaDiT.
ream theta:4er of the Bons.
Gunswass'a Svorrr.—The cause of Guinness v. Friend was
hears' before the Master of the Rolls on Saturday. Mr. Kenyon
Parker, Q.C., applied fur an injunction to restrain the defend-
ant, a bottled porter dealer at Dover' from selling as Guin-
ness's Stout malt liquor nut brewed by Messrs. Guinness and
Co., and from selling it in bottles with forged labels ;hereon.
The plaintiffs, the well-known brewers of Dublin, have, fur
many years past, been in the habit of shipping their stout to
Mr. Moline, of London-bridge (their sole consignee for
London and the eastern division of England), or to his order,
and that Mr. Moline appoints agents, who sell the stout in
bottles, with certain labels thereon, which are printed exclu-
sively by his order, and are by him supplied solely to the
agents, who are bound not to sell any bottled stout without
such labels. It WM proved that the defendant hat been
detected in selling considerable quantities of malt liquor of a
very inferior quality as Guinness's Stout, in bottles with
forged labels, being at exact imitation of Messrs. Guinness's
labels, and containing& fae-simile of the signature of the firm.
The Master of the Rolls compared the defendant's labels
with the plaintiffie labels, and said Viet they closely re-
sembled each other, and that the plaintiffs were entitled to
the order.—lnjuaction granted.

COMMISSION OF LUNACY.
EXTRAORDINARY CUM.—SECOND DAY.—The inquiry as
to the state of mind of Mrs. Catherine Cumming, an elderly
hely poesessed of 30,0001., which commenced ou Saturday at
the Horns Tavern, Kennington, was resumed yesterday.
Mrs. Cumming was again present.
On the assembling (Atha court, Mr. Parry, for the alleged
lunatic, made applicatton for an adjournmiint of the case, on
the ground that he had been called upon at very brief notice,
and that the solicitor who instructed hint hod mot had suffi-
cient opportunity to receive instructions from Mrs. Cumming,
he having been only retained on Saturday, and then only at
the dose of that day's preeeedinge, when he came to the
court by accident.
After a few observations, the learned commissioner thought
the ease had better proceed under the learned counsel's protest
if he thought proper. The letter (hulling Mr. Farron's
letter) had had the date very ingeniously torn off; but that
need not be discussed now. He s mild leave to the jury as
to whether they would adjourn, but ho thouoht the better
course was to proceed now, and at the end of Mr. James's
cue, they could then adjourn if they thought fit.
Mrs. Mary Inman devised that in 1314 she went to reside
with Mrs. Cumming. Captain Cumming Wit. 9 in a very Lad
state. He had ulcers on his body. Mrs. Cumming always
dined in her own room. She dined in bed one Sunday, and
the other two up in the dining-room. All her food was
scattered alx ut the room, and on her bed. She never
offered her husband his dinner. She had four cats and a
kitten, and used to buy for them two pounds of beef a day,
and that of the beet kind, for which I used to pay eight-
peace per pound. The cats were kept in her bed-room; the
date of the room wu horrible, from filth. The Times
paper was :taken in every morning. and witness answered
advertisements from young men and young ladies offering
them a comfortable home. In consequence several called,
but did not see her. Mrs. Cumming drank a bottle of
brandy a day. She used to abuse her family more in the
morning after drink than at any other time. When the
carriage was ordered the Captain used to wish to go out in
it, and she would then keep him two hours waiting. She
often treated him in a most gross manner, and on one °cc-a-
lien I saw the Captain with two black eyes. Captain Cum-
ming had a sufficient quantity of clean linen for his age and
infirmities. On one occasion he asked for a fowl for his
dinner. She did not treat him half as well as she did the
cats and pigeons. The witness afterwards retracted her
assertion of Mrs. Cumming having a bottle of brandy a day,
as she slid not know it of her own knowledge. Never saw
her drink neat brandy, but cold brandy and water.
Harriet Brown began in July, 1345, to act as nurse to
Captain Cumming, and corroborated many of the former
witnesses' statements, adding that Mrs. Cumming's conduct
was very violent, particularly whenever her cats got out of
her room. On one occasion when she was abusing me about
the escape of one of the cats, the Captain was present, he said
" Curse your rats, they shall not coins into this room." She
immediately put her hands in his (see, and exclaimed,
" Know that my cats are your superior." I saw a Mrs.
Mitchell there ; she frequently came—perhaps four times a
week. I recollect a Mr. Jones coming to the house. He
introduced Mr. II ioper as her agent. Mr. Jones was a
tenant. In speaking of a child of Mr. Inn's, who died, she
said she saw and planned that it looked more like a wax
doll in a tailor's shop. Mrs. Cumming often charged me
with robbing her. Re-examined: Captain Cumming was in
such a state that he required to be attended on as a child,
and he had not sufficient necessaries.
By consent of the counsel on both shim, the court and
Pry proceeded to view the premises in Belgrave-terrace,
imlico, so as to ascertain whether they were in the state as
described by the witnesses. Previous to which, Mr. James
examined the witnesses from Wales.
Mr. Henry Hawkins had collected Mrs. Commine'e rents
at Newport, in 1814 ; the amount was about 5001. a year.
The property had net been properly attended to, though
part of it had due attention. Mrs. Cumming desired him
to direct to her as Miss Hunt.
Isle. Ebenezer Rogers lived at the Reil House, Newport,
which belonged to Mrs. Cumming. She hail a house nt
Stow-hill, which was in a state of ruin. It is being carried
away piecemeal by the people. Witness came to town to
negotiate relative to the Red Sense with the South Wales
Railway Company, and was told that Mr. Solomon., of
Covent-garden, was the agent, and with whom he made
several attempts to effect a negotiation, for the purchase of
the houses in Newport for the railway company, and a large
sum could have been obtained for them, but had not been
able to effect a negotiation.
On the jury arriving at the premises, No. 1, Belgrave-
terrace, Pimlico, they found every room in a state of great
filth, disorder, and confusion, strewed with boxes and pack-
ages, while, in the two bed-rooms which Mrs. Cumming
had occupied were a vast number of medicine vials and
brandy bottles. Adjoining the bed-room on the second-
floor was tho pigeons' run, which was covered with dirty
straw and filth. In fact, the whole was a scene of such filth
and disorder, that the jury appeared glad to escape.
Mrs. Kerby was examined at considerable length, and
deposed as well to the general disorder of the house as also
to the violence of Mrs. Cumming generally, corroboreting
foregoing testimony, adding that during the day Captain
Cumming was kept without food for seven or eight hours,
when he kno:ked at the wainscot and said, "Catherine,
Catherine, this is refined cruelty ; I never thought you
would starve me to death." On cross-examination this
witness admitted that she had heard Mrs. Cumming upbraid
her husband with having ruined her by gambling, and
thereby caused her goods to be sold from her no less than
three times.
Mr. Parry, on the behalf of Mrs. Cumming, applied for
her removal from York House to some private gentleman's
house, on the ground that her excitement would probably be
increased by her remaining and hearing the cries of others.
After a reply from Mr. James, the Commissioner said he
had no power to interfere.
The inquiry was then adjourned for a week, to enable
Mrs. Cumming to prepare her defence.

ASSIZE INTELLIGENCE.
NORTHERN ClRCUlT.—Ltveueoot, Aro. 29.
Before Mr. Justice Cremorell.
PATERSON V. NEILSON AND OTHERS.-1111S was a
special jury cause, in which Henry Paterson was the plain-
tiff, and Daniel Neilson and twenty others were the defend-
ants. It was an action of libel, to which the defendants
pleaded not guilty, on which issue was joined.—Mr. Knowles
said the plaintiff is a gentleman of great respectability, the
manager of a bank in Aberdeen, and he complains in this
declaration of a libel which has been publish-d by the
defendants. The defendants are the committee of the Stocks
Exchange in this town, and. acting under some misrepre-
sentation, it appears they affixed the name of the plaintiff to
the Stock Exchange board as a defaulter. The plaintiff
could not sit still tinder such an imputation. He held his
office so long, and only so long, es he was deemed to be an
honourable, straightforward, and upright man. He ha.,
therefore, brought this action, and he is here to-day to sup-
port it if neeemary. But I am glad to say that will not be
necessary. The defendants are willing to withdraw all im-
putation upon the plaintiff's character, and, that being done,
the plaintiff, who has not come here to seek damages, but to
establish a complete and perfect refutation of the charge
made against him, does not press for damages limiest the
defendants, and will, therefore, take your verdict, on the
strength of that apology, for 40s. only, with costs as between
attorney and client —After a few words from Mr. Wilkins,
foe the defendant, a verdict was taken accordingly.
JEN KINBON AND ANOTHER V. HATWOOD AND ANOTHER.
—This was another special jury cause, in which Thomas
Jcnkinson and John Edward Wrieht were the plaintiffe,
and John Haywood and William Macdonnell the defend-
ants. The action was brought for a breach of contract in
the delivery of ten cases of oil of peppermint, to which the
defendants pleaded that they did not promise. The jury
found a verdict for the plaintiff, damages 1201.
ORD V. LATCOCK.—Thia was an action brought by the
plaintiff, George Ord, &cantle the defendant, William La -
cock, te recover damages for a breach of contract. The
plaintiff, it appeared, was the interim factor and trustee
under the sequestered edit! of a gentleman of the name of
Robinson, and he sued in that cheese:or to recover damages
for the breach of contract into which Robinson tutored with
the defendant before his bankruptcy. Robinson was a mer-
chant and dealer in iron. He employed a person of the
name of Senior, in Liverpool, as his broker; and, on the 15th
of January, Senior sold to the defendant 300 tons of Scotch
pig-iron, at 823. 6d. per ton, nett cash. Robinson became a
bankrupt on the 10th of March, and on the 24th of that
month the plaintiff was appointed the interim factor and
trustee, and thus, in Scotland, he was invested with rights
similar to those possessed by an assignee in England. The
price of the iron having declined at the end of April, the
contract was repudiated ; and now the action was brought
for the recovery of Ple per ton, the amount between the
82e. fid. and the price to which iron bad declined at that
time. A verdict was returned f car the plaintiff.
Beite.rat e. CARPRELL, —The plaintiff was Charles Barker,

and the defendant was Wm. Caarpball. The plaintiff was
on advertising agent in London, and the defendant west a
provisional director of the Jamaica atmospheric railway,
upon Pfibrow's principle ; and the action was brought to re.
cover a sum of 7311. for advertising the railway in the Lon-
don papers, at the instancy of the defendant. The defendant
was a director from the first. He attended meeting after
meeting, signed the hook and gave the orders, and, there-
fore, it was contended that he was as clearly liable es any
tradesman could be under similar circumstances The orders
to insert the advertisements were sent to Mr. Barker, and
they were inserted accordingly. Mr. Martin, in opening
the case, stated, that the directors of the maws in question
had allotted five hundred shares each to era, and they
also passed a resolution that they should divide thirty guineas
among themselves for every meeting toq. attended.—A ver-
dict was returned for the plaintiff fur 3501.