The Express.
London, England, 1862-03-08 00:00:00

RI PARTE PEI ONINNTAL DANK AND TIN LONDON AND

MAIMS, 114111IIIIG ODNPAIIT.

In this cue, whit& win silionesed from elmathers, the
question was whether hide of exchange for 28.0001.. accepted
by Mr. C. H. H. Carew, and which Colonel Waugh had ob-
tained pommies of mid handed to the Eastern Bank, from
which they poised to the Oriental Bank after they were due,
were affected by the equities esiwietiog against them while
is the hands of the forme 41111,8a/p
_sod
His Honour, agreeing with the dedaton in chthabera, held
that they wen
Mr. Selwyn, Mr. Beggidiay, Mr. Hothetiaglee, Mr. Freel-
lag, Mr. fioathpte, Mr. Widgeon, and Mr. Ithicewich were
for the parties.

(Before Vice-Clos;oollor Sir W. P. Wood.)
THI ILECTRIC TZLEGRAPII COMPANY V. THZ UNIVERSAL

POWAY' TNUICOLAPH COMPANY.

The plaintiffs in this ere moved to restrain the defen-
dants from violating the terms of their agreement with the
plaintiffs by introdprieg or establishing during the cootie-
neon' of the agreement the system of private telegraphic 00114•
ninnication in any part of the United Kingdom otherwise
than in connexion with the plaintiffs' system. The egret
nisei between the two companies, which was for a teem of
wren years, end was dated the 3rd September, 1881, con-
tained various provisions for carrying out the arrangement
by which the defendants amalgamated their private telex
gm* arum with the system of the plaintiffs in exclusion
of the system of any other company ; except in the ems of
continental massages and press despatches for the news.
papers, for which the system of the plaintiffs did not afford
the same facilities as some other companies. The system of
the defendants was to be limited to private telegraphs, and
employed only in receiving or transmitting messages eon-
'mead with the business affairs of persons using the sense,
except with the consent of the plaintiffs. It ap-
peared that the defendants had recently established
their system in Cork tied Queenstown, and had
entered into arran:emente with the London and South of
Ireland Direct Telegraph Company for transmitting mes-
sages to London, thus availing themselves of facilities not
at present afforded to them by the plaintiffs. The plain-
tiffs, who were znekiog arrangements for a communication
between Haverfordweet and the Wexford coast, with ex-
tensions to Cork and Queenstown, contended that the de-
fendants were atitieg in breach of their agreement, and had
Sled their bill for specific performance of the agreement,
and to restrain the defendants from establishing their
system otherwise than in connexion with the plaintiffs
system.
The arguments principally turned upon the oonstent-
Doe of the venous provisions of the agreement of Septem-
berilast

~Yr. nolt, fir Hugh Cairns, and Mr. Fooka appeared tar
the plaintiffs ; Mr. Viilloock, Mr. Daniel, and Mr. Freeman
far the deteodanta.
. . . .

The Vice--Chanee— nor said that he should purposely ab-
stain from pronouncing any opinion upon many of the qua-
tions that bad been raiseiL as although the case bad been
properly brought before the court In this interlocutory
stale those questions would be beet decided at the bearing,
and it would be wrong to interfere with that which could in
no way injure the plaintiffs. fie was not at the present
I stage of the case prepared to say that the defendants might
not make their own arrangements with other companies in
I these instances in which the plaintiffs had not provided a
continuous communication. The agreement seemed to
contemplate the transmission of messages—to the Confl-
uent, for instance—by other systems with which the plain-
tiffs might be in communication. The injunction, there-
fore, would not be greeted as asked by the notice of mo-
tion ; but he proposed to put both sides upon mutual 1.111.
dertakings—the defendants not to permit the we of their
system between Ireland and England except for messages
connected with the business affairs of persons so using the
same, nor to we their system for public purposes (pursuant
to the tams of the agreement)—while the plaiotiffs must
%indecisive to receive at liaviefardweet the wires, he., be-
longing to the defendants' system (pursuant to the sane.
went). The costs would be costs in the cause.

COURT OF PROBATE AND DIVORCE.
Yawn 7.
(Before the Judge Ordinary.)
BURROUGHS V. BURROUGHS AND SII.COCK (PART HURD).
(Continued from yesterday's Express.)
Halm Kent, who was servant to the petitioner in 1860,
repeated her evidence. She remembered • photo-
aright° establishment coming to Statham on the 16th of
February. She went to it to have her likeness taken, but
wee away • very short time. Immediately after she re-
turned she saw her mistress, but Mrs. Burroughs was then
alom. (This was the occasion spoken to by Howe.) As to
the occurrence of the 16th of March, when Mr. White
stated that she had estenxl the room almost simultaneously
with him, she said that she did, not remember Mr. White
coming to the house at all in that month ; and Mr. White
bed joined Mr. Silcock with Mrs. Burroughs while
witness was by.
Cross-examined—After she left Mr. Burrougbes she went
into this bowies of • Mn. Thome for • week.
Mr. Kerslake—And did" not Mrs. Titoism say that so many
young man came courting you that she could limp you no
longer
Witness (very earneetly)—l should like to know who
they were. (Laughter.) Was now in Mrs. Coleman's ear-
vice, and Mrs. Burroughs was living with her mistress.
Mr. Walter Coleman, bream of the respoodest—l visa
staying with my sister at !Wham for about three weeks Ia
May 18e0.
co She mad
aeeownt herl. husban
Bann
d wen alsoeris.
mill that he had been to the Weide,
_and that he
Dad Mies:Weet ob. very sloe eon. Told Wes that
I thought be left my sister very week at hams by
herself. He said he did not emaidsc that my
sister was dull at all, for there was generally
some me coming is, either Mr. Matthews, or Mr. Silcsock,
or some me ar other. He wee generally intoxicated when

he came home, and he sat up very late with me. (A laugh.)
His chief conversation was about Miss West and her singing,
and he said that the Woes were very jolly people. Fre-
quently saw Mr. Ei!cock at the house. Have known him
take meals there, enerslly by Mr. Burroughs's invitation ;
but he was on such intimate terms that he would sometimes
stay without being asked. He merlin,' came to see me or
Mr. Burroughs.
Cross-examined—Mr. Burroughs Was Out a good deal,
generally at the public-house. (Laughter.) Was seldom
with him there. He was president, or to be made presi-
dent, of a bowling club. Was at the Welts' once. Miss
West does sing very nicely.
The Judge—What were you doing sitting up with a tipsy
man to • late hour

tscl to be very talkative; and we sat
smoking. My sister used also to sit up, for she said she
could not go to sleep without him.
Mary Anne Pegg', a little girl, said that Mrs. Burroughs
taught her to read and write. Remembered the photo-
graphic waggon coming to Branum ; and was on that after-
noon doing lessees with her. Stayed till it was nearly
night. The servants went out, but they came back before
witness left.

tg mr W hat make; you recollect that day!
Witmer" It was given me by my godfather and my
godmothers." (A laugh.) No one came while I was there
with Mrs. Burroughs.
Crom-exaMined—Was now ten years and a half old. The
Innen stayed a week at &album. Had gone to Mr.
WMte's *shod and learnt to read and writ* there. Had
bow there in the forenoon, but used often to go to Mrs.
Burroughs 's in the afternoon to read. A little girl named
aattettedvt:AoAtzek..gmlth=a...hiesd
ig.Boariman wiyiess last week

411/117:011711$1101
By the Judge—Went when Ma. Burroughs could , hare
witness. 0a that day she called witness in as she was
wapitis house. She went ea the day following, bat not
on !balky before, or on the day after the second sweesiou.
Yr. Nana then called the following witneres, to
establish they.

Mr. Tuner, a farmer at Hedinthorpe, which was about
seven or eight miles from Stalham. On the 16th of Mach
be pall the 00-respondent some money, and produced the
receipt. Paid it at Hedinthorps between two and three in
the afternoon. He generally mme on • Wednesday, but
the 16th of March was • Friday. His uncle's funeral had
taken place on the 16th.
Crom-mamined—Had known Mr. Sileock's uncle by sight
for many years, but did nos recollect either his name or
where he lived. Could not my how long it was Moos he
had seen him, and could not recollect whether ft was 30 or
40 years ago. Could not may when he was beried sup-
posed he was buried on a Wednesday or • Thursday.
Could not say how often Mr. Boardman Rama visited him.
Gould not say how long witness had dealt with Messrs.
Siloick. The co-respondent drove rowed for ordain. Did
not give him an order on the 16th March. Did not know
bow he mine ; but supposed it was in • horse and gig.
Could not iv where witness had been that morning, or
where he went the next morning. Mr. Siloock had spoken
to him about coming here ; but could not say when it was,
or whether it was more than • fortnight ago. Could not
say if it was twomonths ago.
Mr_ . Macaulay—Are you tipsy
Wilson—No. _ •

Tits Judge—lf I thought you were I would commit you.
If a witness presumes to get drunk when he has to come
here, I shall treat it as a contempt of court.
Min Lucy Baena, of Ayleham, was acquainted in 1860
with Mrs. Emma Weeds, .who was living with her brother.
In-law, Lieutenant Jackson, at Becton. Recollected cog the
Nth of March driving over to see Mrs. Weeds. Had that
data is her diary. Reached Lieutenant Jackorm'e at between
three and four. Mr. Boardman Silcock was there at that
time. It was five miles from North Wabdughem to Becton.
Mrs. Weeds was endeavouring to discern Mr. Biloock's
features. Elbe hod just been operated as for cataract. Mr.
Silcock left about four, or a little after.
Mr. Edward Clown Mork, brother at the ao-reapondent,
and James Jube, a servant at the Arm, were examined to
show that on the 16th of Muth the 00-resporsdent did not
get home till six o'clock.
At the ersoluska at this evident* the court adjourned.