The Express.
London, England, 1851-01-28 00:00:00

COURT OF EXCHEQUER.—YIsnaDAT.

The Court wen clasped ell ay with the arguments la
two special eaeea, which were not decided at the rising.
Ifia Pan. •o Wanattima.—Beroas Ms. B•sca M•gna •DD
• MIDDLES GAIIION !CST.
RIAD O. Lao•aD, eLBILY.—PLIDOING ♦ HUSBAND'S
CRIDIT —A "FAMILY LIVING "

This was an acuoa to recover 161. for board end lodging
to the defendant's wife. The defendant pleaded never ir.-
debted, that he was a 'uncle, and that they were cot ne•
c *series. Mr. W. H. Watson and Mr. Bill were (or the
phintiff; and Mr. Hugh Hill ler the defendant.
The we involved some rather minus details. The lite
F. Legard, the defendant, a member of a highly respec'-bie
family in Yorkshire, is iocambent of the vicarage of Get.
ton, a " family lu 1844 he marri. d a young wcman
described as the daughter of a bladder atChelsea, hut who
appears to have been of even a humbler rank .han that
vague description would imply. From elutes ctiezplained,
no
imputation, however, being made on the morel erieracter
ef
the lady, a separation took place. Affectionate letters
were written by the defendant during this period. and they
seemed to have suhaequently live t together tor • sheet time.
In February, 1849, apparently with a view to add to his
income, the defendant accepted an engagement in a school
at Uxbridge. Towards the close of the year he was attacked
with lnneey, a malacy to which he was previously sabjeet
audit was round necessary to have him removed by his family
to a lunatic asylum at Mansfield, Notts, where he rmalnrd
till has recovery in August last. In the month of Match,lBsU,
Mrs. Lenard entered the plaintiff's house in Wellington
square, Qseen's•rrad, Choices, where she received board and
lodging en the representation that she was a beneficed der-
gvasea's wife, and *ere she remained till November last.
The plaintiff now sought to recover the sum of 151. as remu-
Iteration theretor. Several letters from the defendant to his
wife were put in as evidence. On the 24th of February,
1849, he wrote stating that he had written to his brother
asking him to send her 60L a year, and on the 11th of Merck,
1650, ne said Al she would send him some satisfactory security
to relieve him from all other liabilities he should allow her
501. ea before, his income only being 1601, not 2801. as e•
,uppeeed. The date of this latter letter having been dio
pitted, the learned judge remarked that here was another
illustration of the results of the practice of send:ng letters Ice
envelopes, by which means parties were deprived sac the
evidence of the post-offioe dates.
Mr. H. Hill submitted that during the defendant's confine.
meet as a lunatic he could not authoriso rto pledge his
credit. . . . .

...
Mr. Baran Martin entertained no doubt on the point ; he
aboul4, however, jive the defendant lure if necessary to
move the court. . _

Mr. ILA then addressed the jury, rabmittieg that after
paying a curate the defendant bad only 1101. of income, and
that a sum sufficient had been paid to his wife. He called
Mr. Lenard, brother to the defendant, a commander in
the teal nave, who deposed that the vicarege of Gallon is
only worth 1601., sad the parsonage is let fur 101. For save
rat years it has been ate...mazy to pay a curate, who receive.
601., to that 1101. W the while amount et the vicar's income.
Prior to the marriage, the detendsnt was eozfined in a
lunatic asylum for nearly eight months. This genticroan
proved several payments by him to Men, Legard at the ea *
of lie. per week, or 311.45. a year, during the defendant'.
confinement in the lunatic fifty's= at klatelleld. The sum
pad to the keepers t f that establishment was at the rate of
21. 2e. per week.
In elms...elimination be said his brother formerly held the
curacy of Butterwick, at 301.; but that was now held in
conjunction with the curacy of Batton by the gentleman who
discharged his auties.
Mr. Baron Marti° in summing up, told the jury he was
clearly of opinim that the plea of loose! was no defence to
en action of this kind. It was proved that an allowance had
been made to Mrs. legard at the rate of 311.45. a year, and
it was for them to say ehetner that was a reasonable allow-
ance from the deter.dant's income. He did not think they
should take into account the particular sum which might
have been paid fur the de:endent while in the lunatic asylum,
for it was deer that at the rate of two guineas a week the
payment would exhaust tie wink iccome.
Tee jury found for the plaietitf for 61. Go., being on the
calculation of an anneal allowance ot 501 to the defendant's
wife.

His lordship cir:itted that it was a proper ease to be triad
in • suotrior court.
MITCHELL v. CIIIII3TY.

This was an notion to recover compensation for severe

injuties sustained by the plaintiff, a woman of advanced age,
thrcugh the alleged neglect of the defendant. It wu a
" running down ease," and the evidence very conflicting.
As the evidence called to support the defence wee not com-
phted when the court rose, we postpone our report till the
conclusion of the trial.

CITY SHERIFFS' COURT.—YHTERDAY.
Barns Rum=... GOMET. Eau.
DaYIDSOX v. WILLUMC—MUSICAL COPYRIGHT.—
" A GooD Tilts cumino."

This action was brought under 5 & 6 Viet., car. 45, by
Mr. Davidson, musical publisher, of D attors'-cammons, to
recover damages of the defendant, a publisher in Paternoster.
row, who, it was alleged, bad pirated the tousle of Mr.
Charlie Mackay's song, " Tnere's a good time coming."
Plaintiff had published the music in his Miuieal Treating,
and defendant tad adopted the melody as far as suited his
purpose in a quadrille, called "The Good Time Coming
Quadrille."
Mr. Henry Rumell was called, ard proved that he nom.
posed the music, and conveyed to plaintiff; and no other,
the right of publication.
His Honour said he would leave ft to the jury to say
whether there had been a pifacy of the song in question ; if
in their opinion there had beer, they would 11.'4.61 damage.,
bat as the plaintiff had not offend evidence as to the intent
of damage, and the case appeared to be one to try the right
they would, perhaps, give only nominal damages.
The jury, after a few minute.' deliberation, gave a eerlict
finding the pablication was a piracy, and gave nominal
damages, la.

INSOLVENT DEBTORS' COURT.-VESTERDAT.

lianas Ils. 00112111•40NItt
Tam Biwa. Dw Arr.

A ix non natatalittiumTrerwmmoaed ha der the Snail
Debts Act, and an application was made for en stijqurn
as ea wire was pending in the Court of Rechr.rrer. The
debt wee only 41. 19i., and the coma exceeded 61. The a.
teadant now alleged that he had terse been served itch
the writ of summons, bat that it had been left with hir
brother.

Mr. Commissioner Phillips demanded of him whether his
brother bad not given him or acid him of the writ 2
The defendant answered in the negative.
Mr. Commissioner Phillips said it was so strange that he
could scarcely credit it.
It 'premed that an applicat:on bad been made to Mr.
Baron Martin at elismbers to set the proceedings aside,
which he refused, and the Ac!endant was going to take the
ease before the Court of Exchequer, bemuse he would not
pay the cos•a He admitted that he bad ample means to
pay the debt, as ho was tasking 5091. a year en a comma-
nal traveller. He had tendered the debt several times, and
was ao • willing to pay it. It came oat that the plaintiff
was sot in attendant", which aotuatendauce was fats: to the
present beating.
His H..nour adjourned the case for a week, f,..r the
ilaintid to attend, and in the meantime the defendant culd
apply to the Court of Exchequer.

THE POLICE COURTS.

WORSHIP-STREET.

BOSSING • SILL LOOK.—/KSOC C/14Inberlarie woe
charged with having stolen 60 yards of annufacturai silk
and • (instant, of the raw material, tho property of WWI.
Walters and Soo, silk manufacturers, In Wdsonestreet,
Finsbury; and a man named Joseph Zonis was charged
with having incited and abetted the other prisoner in the
commission of the robbery.
The father of the lad Chamberlante, who had been em.
ployd by the prosecutor as a j..tirneyntan weaver for •
considerable period, and bad always borne the character of
a trustworthy, respectable mu, was intrusted by the firm
with a sufficient quantity of raw silk and • r :eatery
materias for the manufacture of 100 yank. a^lut 50 of
which were completed on the morning of Friday lennight,
when be was audduely called oat upon business, leavir g
his son at the loom, and on returning home some hours
a•terwsrds, he found that the whole of the manufactured
work bid been carried cff, together with the remaining
bibbins of raw silk, and that the priaoser had absconded.
He immediately communicated this het to his employers,'
sad exerted himself to tte utmost to discover the retreat of his
am, whom he at length traci.id to •beenhop in the neighbour. '
hood, and after upbraiding him with the heartlessness of his
conduct, in involving him in such trouble and disgrace, at '
once called in • policeman and gave him into custody.
When examined before Mr. Arnold upon the charge, the
prisoner at first denied all kaowledge of the robbery, but
subsequently solicited an interview with fierjeant Teals, to
whom he entered into • lengthened detail of all the facts
conneenad with it, and stated that shcrtly after his father left
hose, he went out himself, and happened to call upon
Huns, who, on learning he had deserted the loom, menaced
him with the consequesees of leaving his work unfinished,
kg which he told Ida that he was liebla to throe months'
amprisotaint, mad as c& the mum smut of milkman%