The Express.
London, England, 1847-02-27 00:00:00

SPORTING.

Tarraasstes.—ln our report 11;uredly's betting, the hereto
Meted for the Newmarket handicap were erroneously placed under
the heed 0/ the Northampton lismievp, on which the only bet was
600 man between 10 and the tlekL
Lirmeoco. Swarm Cams, me.—The following additional nowt.
Nations Mae Mon received for Lord Sefton's Plate Mr. Mason%
Jovial, 3 yrs; Mr. Robertson's Tom Tough, oged.

EMI) Ettuiltente.
EQUITY COURTS.
Before the Molter of the Halle.

HIMMEL V. KING'S Com.zoa. Powell. or COLLEGE
FELLOW TO MORTGAGE HIS FELLOWSHIP. - Mr. Lionel
Boller, a Fellow of King's College, Cambridge, being em-
barrassed, applied to his friend Captain Chatton, residing in
Cambridge, to assist him with a loan of 1001., but not being
himself disposed to do so, Captain Chatton, at the request of
Mr. Buller, introduced the latter to the plaintiff, a wine mer-
chant at Cambridge, who agreed to assist Mr. Buller, pro-
vided the latter gave his acceptance for 3001., insured- his
life for 4001., charged the income of his fellowship, and
aaaigned over some furniture as a security for the debt. Mr.
Buller also agreed to take 1501. of the loan in wine and
spirits. Of the other 1501. the sum of 561. was applied in
redeeming the furniture from a charge which one Long had
upon it. 291. was paid to Mr. Buller. and the rest was ap-
plied in paying stamps and costs. The transaction took
place in December, 11443, and this bill was filed to enforce the
security agaiust the fellowship. Messrs. Kindenley and Glasse
for the hill, contended that the transaction was free from fraud,
that Mr. Buller entered into it deliberately, and tasted the
wine before he agreed to take it, and that he greatly approved
of it. That there was nothing to bring the ease within the
usury laws, and that there was nothing in the policy of the
law to prevent the fellow of a college charging the emolu-
manta of his fellowship.—Mr. Turner and Mr. Hall, for the
college, asked that the bill might be dismissed as against
them, which was agreed to.—Messrs. Tinney and Doria, for
Mr. Buller, resided the plaintiffs claim, on the ground that
the transaction was oppressive, fraudulent, and usurious, and
that Mr. Buller could not by the policy of the law deprive
himself of the inseam of his fellowship.—The case was not
concluded.

&kn. the

ot.

Bactimonais e. BXASLST.—Tbe plaintiff in this suit was
married in the year 1827 to a person named Joseph Morris,
who was convicted of felony in the year 1834, and
transported for life. Since that time her husband had
not been heard of, and was supposed to have died.
The plaintiff had since married again, and was de-
sirous of having certain property, amounting to about
6704. which she had become entitled to ander the will of
Joseph Barrell, settled to her separate use for life, and after
her death upon her children by her former husband. An
application had been made to the Commissioners of the
lreasury foe the consent of the Crown to this settlement,
since under the circumstances the property had become for-
feited. The Treasury had given their consent to the appli-
cation, and the decree now asked was for a reference to the
master to inquire whether the said Jos. Morris had been
convicted, whether he was now dead, and to approvedre of a
proper settlement upon the plaintiff and her ehin. The
consent of the Treasury, by the letter written from the se-
cretary Mr. Trevelysn, was considered sufficient without
the Attorney-General being made a party. The Vise-
Chancellor made the order.
COURT OF QUERN'S BENCH.—Oaturism..

Before Cord Denman ands Spatial J•Ary.
(11.31 N V. OILLAIT AND WIFIL—LIIIRL.—MV. StljeSid
She* and Mr. Miller were counsel for the plaintiff in this
• rase, who caught a verdict that should relieve him from the
imputations thrown on him ly a letter written by the female
defendant, and, by the declaration, alleged to be libellous.
The plaintiff, who is a merchant in London, had occasion to
go into Worcestershire in tho early part of last peer, and
eras there introduced to the family of a gentleman farmer,
Mr. Hooke. After receiving hospitalities at the house of
Mr. Hooke several times, he made proposals of marriage to
one of the daughters of that gentleman, was referred by her
to her father, and eventually was received by the family as
her suitor. Things being in this elate, the female
defendant, who is • relative of the plaintiff, and
has for some time been acquainted with the fa-
tally of Mx. Hooke, wrote a letter to Miss Hooks, la
which she represented that the plaintiff had behaved ill in
several matters, and was not permitted to visit at her house,
or at that of another lady. As tho script of that letter
was followed at no long interval by the s disliked
by Mr. Hooke, and ultimately by bb *sin by Wm
Hooke, he attributed to it the elnappeintimat d Ise bores•
sod, though the declaration alleged that, in ecomegsme
the libel he had lost " the meat, drink, and lodging "tehilit
Mr. Hooke would have supplied to him, it woe labs It
clear his character than to recover damages (laid geNllßilk
that, according to his counsel, he brought this adieu. MOM. I
witness called for the plaintiff was the young lady.lhef
end on crow--- dilation by 2.1 r.Crowder, Q. C. who
'be saidthat she - terms of=

fee the defendants,
friendship with Mrs. Gillett and ther daughters; that the
letter now complained of had teen written to her in answer
to one which she bad written to Mrs. Gillett about the
plaintiff ; that her father had caused inquiries to be mad.
about the plaintiff by a Mr. Freeman, of Cheltenham, the
result of which had induced her to reject the plaintiff, and
that the bad rejected the plaintiff at the desire of her father
before he had seen or heard of the letter now complained of. '
Upon these feria Mr. Crowder applied for a nonsuit, but
Lord Denman thought that the letter was libellous without
referemse to 'peels] damage, and the learned counsel ad-
deemed the jury, contending that the letter was warranted
by feats, and that under the circumstances of friendship in
which the two ladies stood it was a privileged communication.
Lord Denman told the jury to return a verdict for the de-
fendants if they thought that the letter had been written
without malice, and under circumstances that accused Mrs.
Gillett for writing it.--The jury at once returned a reediest
for the defendants.

COURT OF COMMON PLEAS.
Nt,, Pune at CuildhalL—Befor ial e the lard Chief Justice sod
Spec Juries.
NIOCILB O. Rosa, JUN.—ALLEGED INFRPNORMINT 07
• PATEN7.—The Attorney General, Mr. Mellor, and Mr.
Cowie, for the plaintiff. Mr. M. D. Hill, Mr. Retch, and
• Mr. Hindmarsh, for the defendant. The action was for the
infringement of a patent for certain improvements in ma.
ehinery apolicable to the manufacture of braid and other
fabrics. The trial occupied the court upwards of two days
and a half, and the learned judge at the close otitis summiag
up loft several matters for the jury to decide, the principal
question being whether or not the machine claimed by the
plaintiff was new, and whether the defendant had infringed

the patent. The jury retired for a short time and returned
into court witit a verdict stbstantially for the plaintiff.
There were, however, two issues upon which the result was
in favour of the defendant, and accordingly both parties
obtaiued leave to move the court above.
ILV:.111In r. COLLITT.—RAILWAT LIABILITIII3.—Mr.
Serjt. Bytes and Mr. Lush ;sr the plaintiff; Mr. Serjt.
Talfourd and Mr. Woolrych for the defendant. This was
an action brought by Mr. Restage Harris, as secretary te
the Kilkenny, Clonmel, and Youghal Railway (defunct
scheme), against the defendant, Mr. W. H. Collett,
M.P. for Lincoln, to recover 2001. for his services
and an additional sum as compensation for the injury he had
received by reason of his having been discharged from his
situation without notice. The defendant was sued es a
member and occasional chairman of the provisional com-
mittee, and the question simply was, whether the plaintiff
had a right to look to him for the emolument which he
claimed for eight months' services. It appeared from the
evidence adduced for the plaintiff that the Kilkenny, Clod.
in-I, and Youghal Railway was projected in the summer of
1845, ley Mr. George Lewis Smythe, and was provisionally
registered on the 16th July ; that the first prospectus was
issued on the 30th August, 1845, and that the date of the
second prospectus was September 25. No names appeared
in the first prospectus, but in the next a list of prosisional
committeemen was published, and the name of the defendant
amongst them. The first meeting of the provisional corn.
mittee took place on ti's Bth October, and on that occasion
the defendant was in the chair. In the course of the pro-
ceedings a report was read by Mr. G. L. Smythe (parlia-
mentary agent), and a resolution was passed to the
effect that, upon an undertaking with that gentleman, the
provisional committee were not to be liable te the engineers
and solicitors, but that those persons were to be paid out of
the deposits. No such stipulation, however, was made in
reference to the secretary. The neat meeting took place on
the 13th,October, when the defendant was again is the chair,
and the plaintiff was recognised as the secretary to the com-
thn. A committee of allotment wee then appointed, and
ey duty devolved up.sa the plaintiff of writinu some thou-
, sands of letters to the referees of persons who applied for
shares. Various other meetings were held, the defendant
being present as chairman, or in the capacity of provisional
committeeman ; and the plaintiff continued to discharge the
duties of secretary until the 18th April, 1846, when he was
discharged by Mr. Smythe without any notice, and without
having received 'any payment for his services. In cross-
examination it was proved that the name of the plaintiff
appeared in the list of persons " present" at the meetings as
provisional committeemen, and that he had not signed him-
self "secretary" in any of the minutes of the proceedings.
It was etso stated that at one of the meetings Mr.
Smythe intimated, in the preseace of the plaintiff, that
all preliminary expenses would be borne by him. Mr.
Smythe himself was cllled, and he denied that Mr. Harris
had been engaged as secretary, or that he (Mr. Smythe)
had ever received any authority from the company to
appoint him. He had merely stated that if he proved him-
self competent to fulfil the duties of secretary, he would use
his influence to obtain him the situation, in the event of the
project being carried out successfully. There was, however,
no understanding that he should receive payment for his
services in the then imperfect state of affairs. He (Mr.
Smythe) had, however, offered the plaintiff 1001. out of his
own pocket, rather than Mr. Collett and other gentlemen
should have the trouble of appearing in court ; but, at the
same time, he assured him that he was not entitled to a

farthing,
The learned judge was of opinion that there wu no cue
to go to the jury, aad the plaintiff wee accordingly non-
euited.—Nocanit entered.

COURT OF BANKRUPTCY.
Adore Mr. Commissioner Osnibare.
♦ Cintionnorionn.—The bankrupt, Borer, a grocer and
eheesemonger, came up for his certificate. The bankrupt,
in examination, stated that he had been in business for about
25 years. In 1836, feeling in difficulties, he celled his cre-
ditors together, and they requested his continuing in trade.
He (with tears in his eyes) said he had a very afflicted family,
end had paid as much es 3001. in one year for medicine. He
had paid some of his creditors as much as 20,0001. In the
year 1841, being in difficulties, he had an interview with
his creditors, and was again desired to go on. Mr. Commis-
sioner Ooulburn remarked that in 1845 there was a defi-
ciency of 1,1561. The expenses were 7651., and the profits
3801., and the debts were now 3,3001. Ho would like to
hare a reason for this ? The bankrupt said that they were
old debts. Mr. Follett (official assignee), in justice to the
bankrupt, must st.fte that he had been extremely attentive.
The learned commissin,--- - '-fag all the
of the case, r

the certificate.
SECONDARIES' COURT.
SCOOWIO V. TIII EARTIRS COUNTIES RAILWAY COM-
PANY.—COMPIIWIATION POR INJURIRS.—ThiA was a writ of
inquiry to assess damages in an action to recover compensa-
tion for injuries inflicted upon the plaintiff by • collision of
trains upon the defendants' line of railway.—Mr. Serjeant
Shea and Mr. Hawkins appeared foe the plaintiff, and Mr.
Serjeant Wilkins and Mr. E. James were for the defendants.
—Mr. Serjeant Shee opened the cam, and informed the jury
that his client was • tradesman residing in Aldgate ; and he
was also a farmer at Chiprell,in Essex. On the 18th July last
the plaintiff was a passenger on the Eastern Counties Rail-
way, having taken a ticket at Brentwood for London. When
at the Stratford station, a train proceeding at a rapid rate
ran into the train in which the plaintiff was seated. One
life was lost, and among the injured was the plaintiff. The
estriage he occupied being smashed, a severe contusion was
inflicted upon hie right knee. From its effects the plaintiff
had not yet recovered, and he had been unable to carry on
his business, which he could show bad realised 7001. per
annum. He came into court, and asked the jury
to award him • just compensation for his less.—
The medical witness described the injury as a serious rep-
tare of the internal structure of the knee, and a shock to the
nervosa system. He believed the knee would eventually be
Perfectly cured.—Mr. Serjeant Wilkins, in addressing the
jury, defended the directors of the Eastern Counties railway
company from the charge of neglect. This was the only
action the company had not succeeded in arranging, as they
could have no desire to see reports of such cases in the news-
papers.—The learned Secondary, in summing up to the jury,
mid, without regard es to whether the defendants were a
rich and powerful company or private individuals, they were
bound to give damages proportionate to the injury the de-
fondants had admitted they had inflicted upon the plaintiff
by negligence. The jury, he thought, ought to award ars-
pie though not extravagant compensation.—The jury retired
and assessed the damages at 7501.

COMMISSION OP LUNACY.
Yesterday a commission de lunatic° inquirenclo was
at the Jack Straw's Castle, Hampstead, before
opened at
Winslow and sixteen special jurors to
inquire into the state of mind of Richard Toulrain North,
Esq., aged sixty five years, of Thurland Castle, formerly a
major in the Lancashire militia, but latterly residing at the
house of James Martin Crooks, Esq., surgeon, of Hendon, a
gentleman possessed of landed and personal property of the
value of upwards of 3,0001. per annum. The commission
was taken out at the instance of North Burton, Esq., heir
et law and nest of kin. In its support appeared Mr. Cock-
burn, Q. 0., with Mr. Tennant, as counsel, and Messrs, Ten-
nant as solicitors, and Mr. C. Roupell to watch the proceed-
ings on behalf of the alleged lunatic. At the commencement
of the inquiry, hider North entered, leaning on the arm of
Mr. Roupell. His attire was very gentlemanly, and his
appearance healthy.
Mr. Cockburn, in his address to the jury, said that Mr.
Richard Toubnin North was formerly • major in the Lanca-
shire militia, and possessed of large property in Yorkshire,
including Thurland Castle, as also Irish estates, amounting
to about 3,0001. • year. He was born in 1782. and was
consequently now about 65 year of age. In 1827, Major
North was residing at Thurlaud Castle, and Mr. Pearson,
the solicitor, was then visiting there. The major laboured
under &lesions declining his food lest ho should be poisoned,
and refused to drink lest he should drown the world. lie
had been exceedingly violent, attempting to set fire to the
castle in order to make • funeral pile. His tenants had re-
fused to pay the rents unless guaranteed ; consequently, a
gentleman, named Noel, guaranteed the tenants against any
future demands, to the amount of 10,0001.
In January, 1828, he was brought to London, and put
under the care of Sr George Tuthill, the eminent physician.
After the return to Thurland Castle he again endeavoured
to set fire to the castle. In July, 1820, he left the castle and
went to the sentiment. He first went to Belgium, and he
made a will at Louvain, which was characteristic of insanity,
wherein Uhl! 10,0004 to a clerk in a diligence office, and
6001. to a man who had been a blacksmith. He also left
some mitmerdinmy mails to the will, as follows :
PIM Oadlit. MKS Milli =take, Wreak hence same, je
id ism me gime de kr, ens arethss Is Mims et
nen ma distiessalre.
Semi Clidkll.—ls s
ib, Mama as mike et It mes washy&
peon% ems lawadia de eltzimaer Ye averger, pow jam ports, et
tire t rheerese di
Major Reek was sednsq
and
traced to Bruise's, where
Ussons
his modest was ou - , d afterwards to Brunswick,
where he had been li at hotels in a style of the greatest
extravagance, such asgiving away twenty or thirty bottles
of wine a day, as alsoclothes end watches, among the com-
mon midis's. He was anxious to buy an old aisle. Mr.
Burton succeeded in him away from Wolfenbuttel,
and, having had him aesGd by a physician at Brunswick,
brought him to Englsad. From the time of his escape from
Tburland Castle, wend letters were written by Mr. North
to Mr. Noel, which, if anything was wanting, would tend to
show the unsoundness of his mind, and which he (Mr.
Cockburn) would new draw the attention of the jury to.
Several knees, addressed to A. Nowell, Esq., were read by
the learned costseel. The following is a specimen :
I as peed it nryhaelly—we have lived for three easter=
our mu eats—ear binds hare never been sullied with the
gin at Willa Ply body is half deed, het Etyma is enlarged, wiles
new trallin We lore • geed Yuri Open Yr% sod I or elm
eves en lharla hemp f lit mis is new Yearns le as as • pine at
torat beef to MY of limes. It was set et Ware; am &Mier
Oleas . Gad sew tha and . lel Ildiensin" I have written
atemd lelagfaby ( Illies),101 Nat then copies atm EH. I
so mbar dm allosawlr Os Greet: to tit hie empire to the
elseetied,l lave left mks Is lis mewo lea. Yon law I was
hem* allsd • Mseheedlo : I =MYR. My yaw hare
doll lesyll, led lisy Rol yeas ord. I he
geed ce make re given up
nevi* brays' eirdeeps. mid leneht cete of my own. if ow dshatilberes Se aislartver te west another wile, any to
Wiesby he the nee Leralltal ways I have ever eye, anti
sertisne deka all Idspreety elegies trees Gemely. It le
sat the sem la Samna, vildels Wally ; het iressiihreiseathing
I geed erre. try sons le OM I en Ind ef net Yak, and ewe It is la
like sims •
.. at Matt they are Ms eliss.weenee, mi I as as they
=is et, in I hew baieht earseher obis
Is I shell love a tens and bevel vim INglialards are
Nlisti return to England, Mr. Burton placed M • North
NO?
IMass the care of Mr. Wilson, who hOWOTOT did not think it
=
to to place him under restraint, and in 1830 he again
make his escape, and nothing more was n r
f
Ida by his friends until 18311 or 1837. They lad, how 0,
been Idols to trace • few of his movements. In 1832, lee sou
at Hamburg, and was just in the same state of mind. He
told the person that he lied came over in a yacht of his owns,
with the finest screw in the world, for the purpose of booing
some German cows, as they gave the heat milt ; that he in-
tended taking back with him some German girls as servants,

and that he had bought a ship load of sour kront to feed
them on. After this meeting at Hamburg, the same person
saw him at Stockholm, where he was known as the "mad
Englishman," and the mad major. Asa proof of his insanity
ho was seen one day fishing with a stick and a piece of string
in • stone quarry, and said that he had caught five beautiful
salmon that morning, when it was impossible for salmon to
be in such • glue. Ile bought a (pawky of cigars in bouts,
all of which he set on fire, saying that that was
the only way to taste the devour of • cigar.
In the year 1837 he paid a visit to Thurland Castle.
In that year he drew through his bankers, Messrs. Drum-
mond, the sum of 12,4881. 195., the whole of which be spent
in the most wasteful extravagance. At the present time he
was residing with Mr. Crooke, and in order to prove that
these delusions never leave him, and that he was decidedly
of unsound mind, he (Mr. Cockburn) would read the letters
which, since he bad been with Mr. Crooke, ho had written to
a distinguished person :
Bight 71oa. Mr Robert Peel, Bart., First lord of the Treasury,
Whltelmdiordens, March 10, 1646.--Filr,- .1 am sorry to say Hire in
a laid wlthewt either justice, or law, or mercy. I have written to
Mr hum Os twice. Dumb as death. You are now my only
Yee, thswOnwitnews to you lam under infinite obligmlon. lam
prowl Is Wwwwiedge It. I look upon you as ice only man to save
iklt nicmey-swidelag eounny, and I wish you and your family may
prosper last as It hats. As sows as las get 001. WAINd sees me
no more. Amisrla is now my MEM, sad them 1 hate. My hope Is
not in tMs yield. I hue bees bruised le a mortar. and I have
learned widows les Ws Ise wis. Owl Mem ou.-1 have the honour
to be, with lbw Mahn* nip* sod grafted% your obedient servant,
B. T. Nonni
The turned iteassel read a vast number of other letters
addressed to different individuals, all of which tended to
show the diseased state of the unfortunate gentleman's
mind ; andooncluded by calling a large number of witnesses,
who fully bore out the whole of his statement.
The medical gentlemen examined were Drs. Southey,
Sutherland, and Roupel, and Mr. Crooke and Bryant, all of
whom were of opinion that Main. North was in such an un-
sound state of mind as to be totally incapable of managing ,
himself or his affairs.
The jury being sat sfied,returned a verdict " That Rich.
Toulmin North ts of unsound mind, incapable of managing
himself or his affairs, and has been so since the 31st day of
December, 1837."