The Express.
London, England, 1847-06-19 00:00:00

lab) flute Magnet.

COURT OF QUEEN'S BENCH.
Were_ Mr. Justice wlehtesan and a Commas Jury.
Bony a. .1./AFIB.—IIIIPRIBONNENT OP A SERVANT ON eve-
picauN OF THEE-T.—Mr. Hunifrey, Q.C., and Mr. Ball, ap-
peared for the plain' iff, who sought to recover such damages
as would vindicate her character from the slur thrown on it
by the denndant having given her into custody on a charge
of having stolen hie watch. The defendant having been in-
formed by a watchmaker to whom he had sent his watch to
be repaired that it had been sent home, asked the plaintiff,
his servant, about it. She denied any knowledge of it. The
defendant thereupon charged her with having stolen it, and
caused her to be taken up and carried to prison. The watch-
maker, however, found that the watch was still in his posses-
sion, and tool it to the defendant, who at once butened to
release the plaintiff. This action was then brought —Mr.
Serjeaut Shea addressed the jury for the defendant, and
emphatically absolved the plaintiff from all imputation on
her character.—The jury returned a verdict for the plaintiff
with 40s. damage..
GADSRY O. ESTALL.—CRIMINAL CONVESSATION.—Sit F.
Thesiger, Q.C., Mr. Cockburn, Q.C., and Mr. Mellor, ap-
peared for the plaintiff in this case, who sought to recover
damages from the defendant for criminal conversation
with the plaintff's wife. The plaintiff is a com-
mercial traveller about thirty-one years of age, and
married five or six years ago the daughter of Mr.
Eloombe, a licensed victualler. She was then about twenty
years of age, and since has had three children by him.
The defendant is a builder, in extensive businees, and a
married man. Both the plaintiff, the defendant, and the
father of the plaintiff's wife live in a street called Eleombe-
place. The material evidence erases follows Margaret Davi-
son was servant to the plaintiff from the 9th of February,
1846, for eight months and a week. He used to come home
about eight o'clock in the evening. The defendant came to
live next door about three weeks afterwards. Soon after
that, she saw the plaintiff's wife and the defendant shake
bands very warmly at the gate. He had not been at the
house then. Saw him at the house once or twice before Mrs.
Oadsby was confined, which was on the 6th of September,
1846. Mrs. Gadsby let him in on both those occasions. Mrs.
Oadsby received bun at the front door when Mr. Gadaby
was absent. She took him to the parlour. He remained
two or three minutes on each of those occasions, and then
went away. She was confined on a Saturday. The defend-
eat came on the Tuesday following, and went into the bed-
room of my mistress I don't know how long he remained.
About eight or ten days after I was sent by my mistress to in-
vite defendant over. I saw him, and brought him, and
showed him to the room dray mistress, who we. lying out-
side the bed dressed. The name was there and the child
Caroline, whom mistress told me to take to bed.i The nurse
laid the baby on the bed and went out of the room. 1 don't
know how long he staid. Nurse let him out. When my mistress
left the room, Mr. Elcombe's servant carried her down to
the parlour. In the evening, the defendant himself came,
and carried her up stairs by her mother's desire as he raid.
The next day she sent me to tell the defendant to come and
carry her down stairs; he came over and carried her down
stairs. After she was a little recovered, she wee in the habit
of sitting in the parlour. It hal:enetian blinds and
shutter. When my mistress was sitting there, the blinds
were so put that any one could see in. When the defendant
, M. Oadsby would tap at the window, and open the
sea rs
door for him, and he went into the parlour. When he was
in the parlour the shutters were closed. If the shatters were
open parsons could see into the parlour. The defendant
would remain about half-an-hour. Mrs. Oadsby would let
him out. 1 have observed my mistress wear a miniature
lateness in her bosom ; it would frequently drop out, and she
would pick it up and kiss it. I recollect my mistress going
to Cuckfield ; and the defendant being at the house a week
before. It was after she was confined. Master was on a
journey. The defendant came about seven In the evening,
and left at half-pest one. I heard him come in. They went
into the parlour. They had no tea nor anything.
I recollect Mr. Eleombe coming over at twelve
o'clock, as he usually did, to see if the gate was
fast. I answered the door. He said the gate was not fast-
ened. 1 said I would fasten it. Shortly afterwards Mr.
Eleombe came over again, and said, " Why ere you not gone
to bed? there is s light in the parlour." Mrs. Oadsby said
she was going. He came a third time, and she said the chil-
dren were ill. The candle was then put out. It was one
o'clock. The defendant and Mrs. Oadsby remained half an
hour in the parlour. She then told me to look if her father
Ina standing about. I went ; I thought I saw him standing
by his own door. I told them so ; she told me to see Mr.
Ell safe over the garden wall. I went and saw him get
our. I went with her to the country. I twice took notes
to the delhadant from my =Litres. Cannot say whether it
was baba I went into the country. Mr. Eetall went with
as to the lotion at London•bridge. We went in Mr. Eatall's
ebbe NM. When he asked her if there was any more lug.
crosabe amid, " No, dear." At Cuckfield she sent me for
and was anxious about them. On one occasion she
got area herealf I was with her; the writing was very thick ;
and vary like this produced. We remained three weeks.
Oa oar rattan, Mr. Retalffe silts madam& They were
whoa Mr. Osdaby was Aat. Oa one eamica, when they
met, I hard a kite. I left elf my own .lured,
Margaret 'lath west Is* samba d *Miff on the 16th
of Mamba, lOW name seas Mr. Rata there. Ile used
to come is the simaess bottoms boas awl bor. I used to
hear Mashie my Willi= balbgeby Masi leaving. I make
to my adeleme Shoat Xbessmee I mod Os Wow time nurang
the baby whoa he was then. That was the TOIIIIOO for my
kerbs& I dew ems ha weer a miniature hang round her
seeks mad begssailly drop it and kite it. Alton Mr. Email
ins man he oak the staild was et the door, and said, " Kim
me, Mr. Rib% as yea have kissed mamma." It was never
am& le tom tp agein.—Creasexamined . My mistress
seed I tees to differ after I had been there about a month
She ISM me, as I was not comfortable, I had better leave.
My bee were searched before I left. My master's place of
saw beim was in Noble-street, in the City. I did not aceudge hien
I until about three months ags—B y the J
Xs. Mall left,
mei to came every day. Nothing was found in
seigulaxesithet was cast my arm
Napa: I we stestkly nurse to Mrs. Oadsby in
bar amodosammt. ia Illepludiar bat. Stayed fro= llth of
Almost Asa *me waits after her confinement. I
nem saw Mr. at the beam before her confinement.
I saw bias ea the Tomb" Islihredrag it, in Mrs. Gabby's
bed-room, about but ia the amlog. I left the room. He
was them about a quieter of as hew. He had brandy-and-
water in her room. He NM MAO Thursday evening after
that. I left the room es list airesion also. He did not
rem* any hag* etticus I recollect Mrs. Gabby giving
a diassitast to Mr. Mesa when he paved. A few minutes
afarwards he mime sm. The dew wee partly shut. I
serer law =Ads.* ebb the poorer. Mr. Gabby
was oul4taisharte lease Ilion tie Mite I Ina there.
Mr. adilneesi be he the defendant,
aad ernateaded that while the Whitythe aldose.
was to be sobered to the which sub-
deod the. Ifilidlifei Mb nee imbradved erimisslity
Imosailbboall midlamileadislmy. Mr. as
Wielftain laribiviermil op with gnat adorsomm.
tory marred • la the. defisoloat.
OX&IIITORT COURT.
&moms s. DrboaDiess.
This la • fliff
iy
Sannagm Waft bee bemi.---salfer a blame es the
of mailty. ma essisad
in lbw reel ha, bah saki. we of


disgusting exprestions, and continued violence, so that she I
was obliged to remove from the house for her yersonnl I I
safety. Dr. Lushington, in dolicericg the sentence of the
court, raid that it had been declared by Lord Stowell that 1,
the act of spitting in a wife's face amounted to legal cruelty.
He did not mad the report of the case cited from Rtley,
as the question was one which appertained only to the jurie-
s diodes et the ecclesiastical courts. It was manifest that
sunk ghee perusal injury was icsufferable in the lowest
ranks et Ille; how much more painful must it be to parties
who had been accustomed to the decencies of society ? It
proved a malignity of feeling involving great personal dan-
ger. All the letters of Mrs. Saunders reflected credit on
her character, and if Mr. Saunders's feelings were not
entirely extinguished, they must strongly remind him of the
happiness he had terown away by his own misconduct. The
Court, therefore, pronouneed fcr the separation.
FIALLONGER C. FtiILONCNIL—CRVIILTY.—This was a
'nit brought by the husband against his wife, on the ground
of cruelty alleged to have been practised towards him by her.
The cruelty consisted, according to the testimony of the wit-
macs, in locking Mr. Furlouger, out of his house at night,
at.d in his appearance one morning with a blackened eye,
his face stretched and bleeding, and his hair torn out by the
roots. This uses supposed to have been caused by Mrs. Fur-
longer, although there was no direct evidence to that effect.
—Dr. Lushington observed that such suits were of rare
occurrence, as might naturally be expected ; but there was
no doubt that both in principle and practice they might be
brought and carried to a successful issue. As to the principle
which would govern the court in cues of this kind, be ap-
prehended, generally speaking, that thst would be cruelty
if practised by a wife to a husband which would be held to
be cruelty if done by him towards her. He said generally
speaking, herniae there must necessarily be a distinction,
founded on the difference of the sexes, and the power of the
husband to protect himself from the wife's violence. Still
the same rule of danger to life and limb must prevail in ell
cases of the kind. The question in this ease was. the ade-
quacy of the proof. The ease appeared to be a bona fide
ease. brought bortafide by the husband, but that would not
supply the deficiency of proof. He was under the necessity
of saying that in this ease the evidence was not sufficient to
justify him in pronouncing a deezee in Mr. Fnrlenger'a
favour, although the court, perhaps, might regret that it
could not afford him the relief which he sought.
MULLET V. MULLET.—DIVORCE.—This was a suit of
divorce, from the diocese of Rochester, brought by William
Mullet ',rebut Mary Amelia Mullet, on the ground of
adultery. It appeared that the wife, who was the mother
of four children, had eloped from her husband, and was
living at Writ Peckham, with a person of the name of
Lloyd, by whom she had had one child. A question was
raised as to the identity of the parties residing at Peckham,
and this being satisfactorily established, the court pro-
nounced for the separation.

COURT OF EXCHEQUER.
Sittinga in Banes.
WINTERRODRia O. WAGNER.—WHAT AMOONTS TO CRASSA
NEOLIORNTIA IN AN ATTORNEY ?—DOCTITPUI, STAMP.—
This wee an action on the case against an attorney, in which
the plaintiff sought to recover the corn of 61. 101., being the
amount paid by him on the re-stamping a certain deed
which was rendered nevassry, se he alleged, through the
negligence of the defendant. It appeared at the trial at
Ox`ord, before Mr. Serjeant Guelee, at the last assizes, that
the defendant being employed b 7 the plaintiff to prepare a
transfer of certain property to him, subject to a mortgage,
had caused the deed to b 3 stamped with a 30e. stamp only.
Soon after the completion of the purchase a friend told the
plaintiff that the deed was improperly stamped, and so
frightened him that he caused it to be re-stamped with a
higher stamp at Somerset-house, and paid the penalty of 51.,
whereupon he brought this action to recover the penalty
and old stamp, which had been thrown away. Under these
circumstances the learned serjeant was of opinion that the
original stamp was correct, and that if it were not the question
was of too doubtful a character to subject the defendant to the
imputation of gross negligence. He therefore directed the
jury to find for the defendant ; but they, being of a different
opinion, returned a verdict for the plaintiff for 61. 10,, This
role was afterwards obtained for a new trial, and now Mr.
Keating and Mr. Pigott appeared in support of the verdict,
contending that the stamp affixed on the deed was insuffi-
cient to render it effective, and that therefore the defendant
was liable to the plaintiff in the present action.—Mr. Grey,
on the other hand, submitted that the verdict ought not to
stand, opposed as it was to the direction of the learned judge.
—Mr. Baron Parke having examined the deed intimated
that in his opinion the or;retnal stamp was the proper one.—
Mr. Baron Alderson : Well, if that be so, the defendant can
hardly be held to be liable for cram negligentia. when he
entertained the same opinion. (Laughter.)—Mr. Baron
Parke: At all events, the question was one which was
doubtful—and, if so, no man can be 'aid to be guilty of gross
negligence if he makes a mistake in his judgment. The
rule must be made absolute.—Rule absolute.
Yesterday being the first day of the present sitting, there
was conaiderab,e difficulty is procuring the attendance of
counsel. The court, therefore, after disposing of two or
three short cases, rose at 1 o'clock, directions being left with
the master to give notice that to-day the case of " Entwiale
e. Dent," and the Norfolk Ciretut cases would be taken in
the grit instance, after which the country list would be taken
with the exception of the cases on the Northern Circuit, be-
fore Mr. Baron Rolfe. On Monday the celebrated ease of
" Goldieutt v. Beajin," is to be taken first ; and after that
the court will proceed regularly through the paper, striking
out those cams in which the parties do not appear when
called on in order.
In this court to-day the proceedings were commenced on
an information at the suit of the Attorney-General v. Allen
and others, soap-manufacturers at Newcastle, to recover
penalties for breathe, of the excise laws. The case in stip-
port of the prosecution had only concluded at 5 o'clock,
when the court was adjourned. It would be unfair towards
the defendants to report it today.
INSOLVENT DEBTORS' COURT.

Before the Chief Commissioner end Yr. Commissioner Phillips.
FABRICATED DEBT, OE UNDUE PREFERIiNCE.—In the
use of John Solomon, the opposition was on the, part
of several creditors, aid the matter complained of was
that the insolvent had unjustly disposed of his property to a
relative. It was asserted by the insolvent, who was a clothier
in the city, that he owed his stepfather, Alexander Ellis, a
RIM approaching 5001., and that he had allowed this relation
to take posses ion of, and dispose of, the whole of the property
for the purpose of repaying himself. The sale under the exe-
cution produced 2201. The creditors complained that the
insolvent had made away with his property on a pretended
debt; but if the courtahould be of opinion that there was a bond
fide debt, then there was an unfair preference. After a long
investigation, the court held that this was a fabricated debt,
and that the rroperty had been fraudulently made away
with. But if the step-father was willing. to pay 2001. into
court the man would be liberated, otherwise a remand would
be recorded. The court remained sitting for an hour to give
the insolvent an opportunity of sending for his father-in- w,
but on the expiration of that time Mr. Ellis was not forth-
coming, and the case was adjourned for a fortnight.
JUDGES' CILAMBERS. _ .

Berm v. BUITN.—TIus case, which appeared in our
paper on Wednesday last, was again brought before Mr. Jus-
tice Coleridge on Thursday, after the heanng of the summons
in " Bunn v. Lind." The application was on the part of the
defendant for coldmicsions to 'suable witnemes in Italy and
Fiance, sad_ !father !ra pielesseent of this Uhl. The
matter wee 61111111111111 OR Ob. ifs 19110011, 010110i0111 at some
length; Mr.
ILD:risedas sable lb. defendant,
in st=tba awl Mr. Oala as tawasel for
the the sass. The Moira had made
an affidavit, setting be* that he could not pesissid to trial
without the evidence of Walla. Taglioni, M. /Aries, and
M. Felipe, and that they were resident area/ On the
other band, thepleaMbad made an affidavit, is which he
stated that bfa. DPW, who had a residua at Carno,
in Italy, had not bete eseuneed to at bar Majesty's
Theatre, and was, at the mead chi idol as
meet in Germany. TM ems boa matured 11.=
some time back bat bad been made • =dl any
case by the &bodice, and had now beta for
the present sittinp. The plaintiff furtive dated that the
application was awls to delay the ones by the dolsodaat,
from whom he dilated nearly 6001. for salary; that he.
being a foreigner. bed to pay 2001. late mart as sob, by
way of security, sad if the trial was polloand, it wield
entail great hardship and memo es blot; awl that the
witnesses wham athodosos ha sardssil WINO emaseled with
her Majesty's Theatre est the I Opsmaimms, Covent-
garden, and as soon as the semen aim* they would quit
England for some time.—Mr. Justin Osieldge made an
order for the commissions to issue, sal yes • postponement
of the trial ; and on his suggestion% the 2001. paid into wart
was ordered to be paid to the plaintiff. His lordship, in the
course of the case, inquired whether the action could not be
referred.—Mr. Lewis replied in the negative, remarking that
there were other engagements which would probably depend
on the present action.—His lordship postponed the trial, and
granted the commissions.

CENTRAL CRIMINAL COURT.
OLD OM:RT.—Wm add Justice Wilde end Mr. Woo Rolfe.
TWILL POR CHILD DIVHDBIL —Anna Ckeelatid, 26, and
John Rill, alias " Dolly," who stand charged jointly
with the murder of the illegitimate child of the female
prisoner, were planed at the bar—Serjeant Allen, who
was instructed to defend the female prsoner, applied
to the court to postpone her • .--Chicf Justice
Wilde, after conferring with Mr. Baron Rolfe, said that
all they could do was to let the trial stand over till Moodsy.
—Serjeant Allen said, he believed this delay would be all
that was required, and the female prisoner would be ready to
take her trial on that day.

POLICE.-YBEITERDAY.

C Llfjt K EN WE L L. ASSAULT UPON A FATHER.—
Joseph Thompson was charged by his own father, with
hanng committed an aggravated assault. The father, who
was deeply affected, deposed that he had done all in his
power to give the prisoner a proper education, and put him
apprentice to a ne&, with a handsome premium, but his
habits were soprofligate that be would not attend to any-
thing like bnalns. He expressed an inclination for the
sea, and at considerable trouble and expense he fitted him
out es a midshipman. He went to sea; but he
shortly returned and pursued his old couch, and
was constantly in the habit of visiting public houses
with the lowest of characters, and returning home
intoxicated and heaping a volley of abuse upon him (wit-
ness) and his mother. He at length made professions of
repentance and amendment for the &tare, and, so a father,
he again received him under his roof and treated him with
every attention and kindness, when be again broke out into
his old profligate course, and wee worse than ever. On
Wednesday eight he returned home drunk and went to bed.
On the following morning he slept until 11 o'clock, when
witness end his wife at down to have a luncheon. The
prisoner came down, and, whilst witness was his
mother, the prisoner (evidently with the aft:: 11#
'al the

liquor in bins) jumped up and swore that she
should not be 'erred. Witness remonstrated with
him to no purpose, and prisoner, seizing a mug
on the table, rushed at hens, sad, exclaiming that
he would be revenged, made a blow at witneu, who
attempted to save himself from his violence, when he
(prisoner) struck him with the mug, and inflicted two severe
wounds on his mouth and nose, which now exhibited them-
selves, end, with an oath he said he would have further
revenge. Witness added that he went in bodily fear from
the prisoner, and he was obliged, reluctantly, to come for
ward to seek the protection of the law.—Mr. Combo (to the
father): Can you utely swear that your life is in danger
from the prisoner?—Father (with tears in his eyes) I can,
your worship, mid do so.—Mr.Combe said it was most agent-
need and inexcusable conduct. He convicted him is the
penalty of 61., or, in default of payment, two months' im-
prisonment, and also ordered him to find two respectable
housekeepers as his bail, to keep the peace towards his father
and ell her Majesty's subjects for three monthe—The
prisoner was then locked up.
WORSIIIP-STREET.—Tex ROMANCE IN TEE HACK-
zrzy.aoaD,—Lucrefics Wilkituon Ilendricks and John Bar-
nett surrendered in discharge of their recogoisinces for final
examination, the former charged with having stolen five so-
vereigns from her mother, and the latter with inducing the
female prisoner to elope from her home, and inciting her to
the commission of the robbery. The case was reported in
our papier of the 16th. Mr. Heritage, who attended on be-
half of the mother, said that he was not in possession of any
additional evidence to carry the case any further, nor did his
client wish to do so, if her daughter would engage to aban-
don the disreputable connexion she bad formed, and return
to her home, as her perseverance in a contrary course would
be certain to entail upon her nothing but ruin and disgrace,
and deprive her of the property to which she would be enti-
tled, which was entirely subject to her mother's absolute
control. The magistrate need his endeavours to bring the
daughter to a sense of her duty, but she remained obdurate,
and declared she would never return home. Mr. Broughton
said that be had received a letter from a former master of the
male prisoner, giving him an excellent character for the
time during which he had been in his service, and urged
upon the mother whether, en the banns had been actually
published, it would still notbe better to consent to their union.
The mother said that she could not possibly accede to that
coarse, as she understood that the banns even had been
published in a fictitious name ; and her repugnance was still
further strengthened by a fact she had since ascertained, that
her daughter was not the only one who had suffered from
the prisoner's conduct, as another young woman bad com-
mitted suicide from his duplicity towards her.—The male
prisoner, in en earnest manner, declared that the =other's
last assertion was as unfounded es all the others she had
made respecting him, and that it was evident she had
imbibed an inveterate dislike towards him, solely in conse-
quence of a person in such humble circumstances aspiring to
the affections of her daughter.—Mr. Broughton said that it
was unnecessary to proceed any further with the case, as the
evidence was not sufficiently strong to establish a criminal
charge against either of the accused, and he should therefore
order the male prisoner to be discharged, and direct that the
young woman should be delivered up to the care of her
mother.—Upon hearing this decision the male prisoner
gimped the girl by the arm, and after the repetition of several
farewells, was turning away from her to leave the court,
when the young woman clung to him, and, bursting into '
tean, entreated him not to leave her, and persuasively fol-
lowed him to the door, when she was intercepted by her
nether, who parted them with some degree of force, and led
lase daughter out of court.
LAMBETH.—POWIR OF RAILWAY COMPANIES TO LOCK
ter PASSENOERS.—Mr. James Dell Ewer WAS charged with
riding in a second-class carriage with a third-clam ticket, and
refoungeo pay the extra charge of fourpence, from Barnes to
London on the Richmond Railway.—A gentleman from the
of of the solicitor to the South Western Railway Com-
pany, read from the company's act a clause which empowered
their officers to give persons into custody for wilfully and
knowingly riding in carriages for which they had not paid
the proper fare ; and also enabled a magistrate to convict
such persons in any sum not exceeding forty shillings and
expenses. Practices such as those of which the prisoner had
been guilty were of frequent occurrence, but still the object
of the company was not so much to press for a penalty es to
vindicate the power which the law had given them.—Mr.
Ewer said his object was to vindicate the public.—Andrew
Smith, a check-taker on the South Ne'eetern Railway,
deposed—that on collecting the tickets of the train that
leaves Richmond at haltpast nine on the night before, he
found the prisoner, a lady, and a child in a second-elate
carriage, while his tickets were for the third class. He
demanded eightpence—namely, fourpence each for the two
tickets, which was the difference of fare, but the prisoner
refused to pay a farthing, and he ultimately gave him in
charge to the guard of the train. lie said he bad been put
into the second-class carriage by one of the company's officers
at the Barnes station, though he, the officer, was perfectly
well aware at the time that his ticket was for the third elate,
hut witness knew this was impossible.—Mr. Ewer: How
can you say it's impossible, when I assert, and am prepared
to verify the fact on oath, that they have frequently, ay,
times out of number, as well as on the present occasion, done!
so to me ?—Witness: On the third-class carriages the words I
" third-dm carriage," are written in large yellow lettere,
while there is no writing on the second class.—Mr. Ewer :
Has it not frequently oocurred that third-clam passengers
are put into the mond class l—Witness: Yes, it has; but
that 'a only when the third class are full, and an intimation is
given to the guard.—Mr. Norton ultimately convicted Mr.
Ewer in the penalty of 10t, but subsequently reduced that
sum to 1.. which the defendantjaid and was eischarged.
THAMBS.--SMOGOLINO.—THREE HUNDRED POUND
PlNAlaues.—Three Spanish sellers, Francisco Muriego,
Jose Antonio Rementua, and Domingo de Marinia, were
chargedwith being possessed of seven boxes of cigars,
weii weighing 36 lbs., and 9 lbs. of tobacco, all being of foreign
manufacture, and not having paid duty. Dorman, the excise
officer, boarded the ship Perille, in the Loudon-docks, on the
previous day, and found the cigars and the tobacco concealed
under some coals. A gentleman from the office of the ship's
factor stated, that there was a mistake in the case ;
that the tobacco was entered in the manifest, and
that the defendants, who did not speak English, had not had
time to pay the duty. Dorman said there was no mention of
these cigars in the manifest, which showed only 31 boxes,
those he had seized being over and above that number. Mr.
Ballantine said, that if there were any mistake it must be
settled at the custom-house; he had no alternative but to fine
them each in 1001. They were locked up in default, but the
gentleman who interposed on their behalf had an interview
with them in the gaoler's room, and left them with an assur-
ance that all would be made right.

kn. til
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fOlikag