The Express.
London, England, 1847-02-16 00:00:00

lab) Ent,Mout.

JUDICIAL COMMITTEE OF THE PRIVY COUNCIL.
Pamosr.—Lord Brosaghans, Lard Campbell. the Mader d the Rolle,
Sir Herbert leaner rust, end the Itlibt Hon. T. Pemberton Leigh.
THI CALEDONIAN STEAM TOWING COMPANY AND
OTHERS O. HUTTON AND OTHIIRS.—Thin was an appeal
from the Court of Admiralty. The suit was brought in the
court below, by the appellants, the owners of the steam-
vessel Robert Bruce, against the respondents, the owners of
the Medors, for salvage; the judge (Dr. Lushington)
awarded 2dol. salvage arid their costs, which the savors did
not consider sufficient for the services rendered and the risk
they had run. It appeared that on the 17th of Septem-
ber, 1845, the Medora was riding at anchor about mid-
channel between the West and Middle Cage buoys,
when a heavy gale sprung up from the west-south-west,
with a heavy tea, and while the gale was at its hnght, the
Medora slipped both her anchors and began to drive ra-
pidly towu the Mouse sand. lismediateiy Captain Bar-
rowby, of the Robert Bruce, paronved her situation, he got
his vessel under weigh, and proceeded to the assistance of
the Madera, and while doiag as, See Orwell ( Ipswich steamer)
on her way to Igad
pocr,ear on n.d, ad the Medora, but after
!ging round her, her voyage, without render-
ing her any mistime. Soon afterwards, the Robert Bruce
a
ed the Modem, and succeeded at last, with great
elrEthy, in taking the vessel in tow, and et nine o'clock
the same night anchored her in safety in Sheerness.
Dodson (the Queen's advocate), and Dr. Sayford, ap-
peared foe the appellants, and contended that the salvage
allowed by the court below was not sufficient. The learned
counsel contended that the court was not to look at the
matter as mere payment for work and labour, but as a re-
ward for the promptitude of the parties in saving the vessel,
crew, and cargo, which it appeared from the evidence would
have been utterly lost but for the assistance rendered by the
Robert Brace.
Dr. Addams and Dr. Phillimore, on the other hand, con-
tended, that although the facts as stated by the appellants,
• ere in the main correct, yet some of them were overstated,
and that with reference to the value of the vessel, and the
services rendered, a sufficient sum had been awarded.
Lord Brougham &aid that, under the circumstances of the

ewe, the facto being agreed upon, the rule upon which
the anus ought to set tot viz , the value of the
mercies rendered, their lordships won reverts the judgment
below, and award 5001. instead of 2501., with WAIL

HOUSE OF LORDS.
raiment : The Lord Cluneetior, teed Semen and Lord WaiisgalßL
WILSON v. WILSON. ARTICLES OP SIPARSTION.—
SPECIFIC PERPOILIIRNCIL INJUNCTION. Mr. Bethell
resumed his argument, from Thursday last, for the respon-
dents in this case,—Mrs. Wilson and the trustees named in
the articles of separation, of which the Vice-Chancellor
decayed performance by Mr. Wilson. The learned counsel
condoned to read the correspondence that passed between
Mr. Wilson and his wife's solicitors before the drawing up
of the articles, and submitted that Mr. Wilson's letters
showed that instead of his being terrified and intimidated
by the imputation of incompetency, and of being thereby
surprised into an assent to the articles—which wee the main
ground of the prayer of his at for delivering up those
articles—it was he who attempted, by his insulting and un•
manly language and charges, to intimidate and coerce his wife
into a compliance with his terms. He then applied himself to
the law as applicable to deeds of generation. observing that
these articles were actual covenants executed, and only one
or two of them remained exeeutory. The courts always gave
effect to such deeds, not as deeds of separation between hus-
band and wife merely, but as contracts between the husband
and third parties, whose covenant to indemnify the husband
against the wife's debts was part of the consideration to
him, and was always an ingredient in ell such valid deeds,
as it was in the deed er articles in this case, although it
happened, by mistake, that the indemnity here was against
the husband's debts, " John" being written for " Mary," by
an error of the clerk. With respect to the injunction restrain-
ing Mr. Wilson from proceeding in the suit in the spiritual
court to obtain a sentence of restitution of frier conjugal rights,
that injunction was not meant to interfere with the jurisdic-
tion of the spiritual court, but to enforce submission to the
orders of the Court of Chancery in this cause until it was
wrought to a termination. —At 4 o'clock Mr. Bethel'
finished, and the further bearing was adjourned to Tuesday
(this day).

COURT OF QUEEN'S BENCH.
Owing to the absence of witnesses, the eleven causes in the
paper for yesterday morning were disposed of before eleven
o'clock, by submissions to a verdict in two of them, and by
withdrawal of the records in the others.

COURT OF COMMON PLEAS.
Cares.—Before sr. lualkeCottmen and a London Common July.
Cane. Corr.—Hawn c. Mooar.—This was an action
brought by the plaintiff to recover compensation in dameges
from the defendant for criminal conversation. The de-
fendant pleaded not guilty. The damages were laid at 5001.
Mr. Si:trent Byles (with whom was Mr. Bramwell) said the
plaintiff in this case was the father of a large family, and had
been brought up to the trade of a butcher, but at the period
when the cause of the present action arose carried on busi•
fleas as a publican in Newport-market. During his appren-
ticeship be became acquainted with Miss Hopper, a relative
of his master's wife, to whom his was married in 1831. The
defendant, Mr. Moore, is a plat seller, somewhat advanced
in life. Mrs. Hawke is a p.m of considerable personal
attractions. The first @ambigua which the plaintiff had that
his wifessffectMns were allemated was in consequence of her
Mtfor dress. and the
.steded of the youngest child. She
a:len Ile =dm done eitildren ; but only three were
VW,* The enalate id dna wife led to high words sod re-
WinejeTtaneli• sal am even at the latter end of
, 1815: she is her hand's house. Menthe
passed away before Bey tidings could be obtained
as to where she had gate, or with whom is
was living. At length Mrs. Hawks and the defendant
were discovered residing at Islington, iambi the name
of Moore. The learned serjeant felt satisfied that the
jury would say, that even the sum of 5001., at which the
damages were laid, were far too small to recompense the
husband for his loss. So deeply had it preyed upon
his mind, that it caused him to keep his bed for five months,
and from being strong and robust, he was now a withered
man ; his business had gone, and he was ruined, having kis
children to 'rapport. He should defy his learned friend to
contradict these facts, and he, therefore, called upon the jury
to give ample and sufficient damages. —Evidence was then
given as to the marriage, and the apparent happy terms on
which the plaintiff lived with his wife, until the defendant
came to the house, after which plaintiff used to drink
and quarrel with bit wife. Mrs. llawkes and defendant
had gone to the theatre together.
Joseph Bata Gardner, of Somers-place, near Oxford,
deposed that upon being informed that the plaintiff had been
robbed of his wife, he set about to find out who had com-
mitted the robbery—(a laugh)—and on the night of the
9th of December, 1846, he, in company with the plaintiff,
went to No. 35, Charlotte-terrace, Islington, and there 1,4 W
Mrs. Hawkes, who first answered to the name of Moore.—
Mrs. Willes, the landlady of the house, proved the identity
of the parties.
Mr. Cockburn (with whom was Mr. Pigot) said that,
after the evidence which had just been given, be could not
for one instant contend that the plaintiff must not have a
verdict. The defendant did notdemy the fact since she had left
her husband's roof, of their living together but as a man he
felt bound to defend end protect her character up to the
period he took her under his protection. Entitled as the
plaintiff would be to • verdict, the question for them would
be to say the amount. If the husband bad lost the affection
of his wife, it was through his own misconduct. He would
not only prove that he was an habitual drunkard, that he
was constantly threatening and using the most revolting
language to his wife, that it was by his own solicitation that
his wife used to go with Mr. Moore to the theatre,
and that after he bad known they were living together
he used to borrow money of the defendant, and it was
when he refused to lend any more, that the action was
brought. A worse case could scarcely be imagined, and
although bound to give the plaintiff a verdict, they would give
It him with the smallest possible damages.
Several witnesses deposed to the plaintiff being con-
stantly drunk, and, when he need to charge his wife with
being en improper character, he was asked, why not speak
to the defendant ? that, on one occasion the defendant was
brought to him, when the plaintiff said, "Moore, it. is all
nonsense, go and make a glass of gin and water;" that after
his wife had left the bousehe expressed his joy at her leaving
him, as he had a Scotch girl with 3001. a year, that would
come and live with him. The witnesses supported the
various statements made by the learned counsel. Mr. Ser.
jeant Byles replied in strong terms, denying the statements
which bad been made, which had evidently been prepared
for the present occasion.
Mr. Justice Coltman summed up, when the jury found a
verdict for the plaintiff—damages, 1001.

POLICE V _ ESTERIMT.
BOW-STREET.—MATRIMONIAL QoARBELP. John
Locfcyer was charged with indicting on his wife a wound
in the aide of her bead, whereby her life was endangered.—
Policeman F 85, about half-past three o'clock in the morn-
ing, heard a cry of " murder ' from a home in Rose-street,
Long-acre, where he found the prisoner and his wife in their
own room, the woman having a severe cut on the side of the
head, and being exhausted by lost of blood. She said
that the prisoner gave her the wound with the poker.
She was taken immediately to the Charing-cress Hospital,
where she then lay. Mr. John Steghorn, houseaur-
goon at the Charing-crosa Hospital, described the nature
el the wound. He considered that she was in danger, and
could not give any positive opinion on her case at present.
The prisoner said that his wife quarrelled with him, and
struck him several times, and he threw his shoe at her. He
had not had the poker in his hand at all. Kr. Hall re-
manded the prisoner for a week, and desired the surgeon, in
cue he should find that death was approaching, and that
the woman was aware of her early dissolution, to send for
him, and he would take her evidence in articulo mortis.
CLERK ENWELL.—Mcitusrious Asast:tra.—Edioord
and Ellen Burke were charged with the following mur-
derous assaults. On Saturday night last, a numerous body of
Irish labourers entered the Castle Tavern, Holloway-road,
whas their conduct was so riotous and disorderly, that the
landlord, Mr. Francis, refused to serve them, and miveralleß
M eassequence, but the prisoners remained and insisted on
being served. Finding that they would not leave, Mr.
Frauds turned off the gas, when Edward Burke stooped his
heed, raised at him, and butted him in the face, and broke
his nest. He then knocked him down, and kicked him
wend times, and Mr. Francis's son coming to his assistance
received such severe injuries from the prisoner, as to compel
Nf to keep hie bed, and be placed under surgical treatment,
awl he was now unable to attend to give his evidence. The
were at length ejected, and the door shut, but they
errt in, attacked Mr. Francis again, fractured one
of his Sagan, hit, and otherwise,injured him. Several
pediesmen Nevis( beard cries of murder, hastened to the
Let, whoa it required no less than ten of them to remove
to station-house, and on the way there Ed.
werralares eased Constable 291 N, and knocked him down,
sad upon his getting up gave him a tremendous kick in the
lower of the abdomen. The policeman immediately ex-
" tam a murdered man !" and fell quits smashes
to the ground, when be was removed to Guy's lissrfra.
whore he list in a dangerous state. The female xisilamr,
her way to the station-house, threw elf her bemisel and ask
sad fought hie a fury, spitting, sentslig, eald Wei at
awry we who same within her remit. Jr OTOMITOOIII
itemßnitted the prisoners to Nee/gate for trial at the OM
Dedley, but ordered them to be again brought up on Satur-
day next, when, it was hoped, the constable and Mr. Fres*
jun., would be so far recovered as to enable them to attend IM
I give their evidence.
WORSHIP-STREET.—CEIVELTY TO A. CHlLD.—Edwin
Jareia, &porter at the Eastern Counties Railway, was charged
with having cruelly beaten and otherwise maltreated his
filideMashil son Henry. Thorpe, 10 years of age.—Mrs.
PM* Progley, a married woman, stated that she resided
mei door to the prisoner's in Underwood-street, Mile-end,
and that while seated with her husband on the preceding
alleenem about four o'clock, in their hack parlour, they
westaised by a heavy fall in the adjoining workshop,
end sit mining the room found there the little boy Thorpe
who had jest dropped down through the skylight. The
den prated a most ghastly spectacle, his face and
dial being covered with blood, which streamed
him two dreadful rubes in the bead, and he
was trembling so violently that he could scarcely stand.
Oa recovering from his agitation, he told them that the in.
juries had been inflicted by his father, liras mina he had
just -- along the roof of the holds ;
.and milady

-at escaped
plored their protection. While communicating to theia the
partictilars of the ill-usage he had sustained, the Omar
came to the door, and demanded his restoration, but wino
refused to comply with the request, and sent for the
by whom the child was taken to a surgeon's, and
coaveyed to the workhouse. The injured boy, who sprang
with his head enveloped in bandages, his eye dessillally
blackened, and bearing other visible marks of in treellinti,
was then called, and stated that about Fin years siass, a sepa-
ration took place between the priaoner and his mother, whom
be had never seen since, and his father shortly after-

wards was married to another woman, from which
time be had been subjected to almost inemeant
ill wage. On Friday last, having been severely
beaten by his step-mother, he sought refuge in as adjoining
coffeeeahop, where he was allowed to remain that night, but
was taken back again the next day, when he was again
cruelly beaten, and compelled to sleep upon the bare Weeds,
without any bed or covering.. On getting up the nest
worning, his father pinioned his erns behind bias, and,
binding him round with a strong rope, fastened him up to
the framework of his bedstead, where he remained without
food until three o'clock in the afternoon, when he was re-
leased by the prisoner, whotook him down stairs, and exclaim-
ing " It was your tun yesterday, and now it is mine," beat
him in a most unmerciful manner with the butt-end of •
bruninounted whip, over the body and heed, until the blood
streamed down his face, when he was again tied up as before
by his father, who locked the door and left him. With great
difficulty he succeeded in unfastening the knot of the cord
with his teeth, and making tile way through the winJow on
to the roof of the adjoining house. thereby effected his
escape. At the close of his evidence the magistrate directed
the person of the child to be uncovered.wben his beck pre-
sented • truly shocking appearance, being a complete mass
of livid bruises. Berjeant King produced the rope and whip
with which the boy had been bound and beaten, and also a
medical certificate, stating that besides several severe contu-
sions upon the back, kegs, and arms, he had also received two
serious wounds in the Imd, one of which was nearly four
inches in extent Oe taking the prisoner into custody, he
admitted having flogged the boy with the whip produced, and
obeerved, as they were proceeding to the workhouse, that it
was, perhaps, a good job after all, as it might be the means
of his getting rid of him altogether. When called
upon for his defence, the prisoner said that ho had
acted under excessive provocation, occasioned by the general
misconduct of the boy, who was in the constant habit of
slandering his character, and doing all he could to injure
him. Mr Broughton said he never remembered a case in
when so alight • degree of extenuation had been offered for
such savage and brutal treatment by • father of his own
child, and he meth feared the only rational motive that
could be waived for such conduct was the inference to be
drawn hem the observation the primmer had dropped that
he wished to get rid of him altogether. Ile should leave it
for • jury to decide upon the ease, but inserad of sending the
prisoner for trial for a simple assault, he should commit him
upon the charge of telonioualy cutting and wounding his son,
and also direct a warrant to be issued for the apprehension
, of his wife as an accessary to the offence.

MONEY MARKET.
_ MON DAT Bring°,

The week has commenced rather favourably for
funded values, which showed improved mkt ascending prices
at the outset of the market, although only partially main-
tained to the close of business. The advance in Mark-lane
corn-market had probably some effect in discouraging the
forward movement. Console were quoted 901 to 1 for
money, and 901 to 1 for time at the opening, and were sub-
sequently done at 91 both for money and account, but they
receded, and finally left off 901 to 1 for money, and 901 to 1
for account. The French funds came better from
Paris, which with the report confidently circulated
that the Irish railway loan scheme would to mg*.
tired by a majority of seventy in the house, gave a
certain support to the market, although it i+ not difficult to
perceive that it still remains quite susceptible to any cause
of the least unfavourable tendency. Reduced Threes were
911 to 1. Three-and-a-Quarter per Cents., 921 to 3. Ex-
chequer bells, 6s. to 9s. premium. India Bonds, Bs. to 13s.
premium. The impression prevails that a Treasury notice
may shortly be expected, on calling them in for payment or
renewal, to raise the rate of interest on Exchequer bills to
2d. per day.
Business continues extremely fiat in foreign stocks.
Mexican are quoted 211 to 21, but with few transactions in
them. Brazilian Old Bowie, 85 to 7. Spanish were rather
higher at 241 to b for the Fives, and 35 to 1 for the Threes.
Portuguese, 341 to si. Dutch Two-and-a-Half per Cents.,
58 to J ; the Fours, 921 to 1.
Banking progresses in Spain. A joint-stock bank of dis-
count and drawing hu recently been established in Cadiz.
An Agricultural bank had divided eight per cent.
for the second half year of 1846. Another company had
called up 10 per cent. more to extend its operations. The
Maritime discount bank had, for the same purpose, called up
24 per cent.; and the Phenix 10 per c•nt. The Aliens& was
about to divide 16 per cent. cr profits of the year 1846.
&NOIJIIII FUNDS.
per 301. A.., 91i 1 Cossolo kw see:not. El 1 991
3 per Cs. Clospolc Anat.,9ol 1 9091 Bacbegoor LID, 1,0094, ,6 9 6
Na. &I per Ct. Ana& int I 3 Ditto, SOX, 6 9
Lon Altaa.,96. Stat ear.' 1903, 99 Ditto, mail. 6 9
DWI& Baliiik LOW,
1011,110/9 191:116139.

6 per Ct. BradMa Monde, $3 6 pr: Ct. Simla Beads, 6reobst,
tirt7:' 1i..17N6", 7;: I 1 I Peb. PS, 141
Illtes, Paul. 1146.10 31
4
Peribuisee MU, U I pm Ct. 5p61411 &nee. 151
Dra C, 6;u11. 361 Ditto. Aert.. Feb 56,351 5
I per Ct. Spealsit lieW, Dir. Owe
111pperC Dumb Bit, 12 0•11, Met
Nov., 1640, 311 Daub CervaleAtm, af
=MANORS MID ILK AMKOAD.
7 70 , }De per Cote.. 11460 , Fovir.
Cram, 101: lielAiaa Five per cram.
roe, 101 b ; Pleb 3011e4, 3115.

P.M P9s. 13.:-Tiues :
999 a. 11911 per Orals , 109, Four,'
1990, 101 i , 1949, 1911, limas