The Express.
London, England, 1862-02-20 00:00:00

L'lllllollll WILL CASE.

The Civil Tribunal c the tiviue RSA lately called
tepee to devils • either earthier rasa wiles :row the
31. sawn Niched% Cowloelkw to lb. Yortiivow
Lailsa ey lc !Cris, who died in Just, last. This gentleman
Ltd a Irlitherol4l eolleetion id live hie* et the ramst
arse*., wlieli had hew his braid study for ow my years.
L. lia,tiato was paiticelarly oblique to take istelwarea for
ascartamteg leryued all doubt Cue a... attained by severs!
aperbel id :vas ti pasted to lire much longer than wan, and
Ica that sporpowe he had the age of several duly registered
*ad male atrangelionts for their traLaniinoin from hand to
Laid to it., rat id their hews blue blsckleril, whto h he
hot/waded t.. 11 I ;rodttoy has ale-nods elm:vied
• post nzr. Ile hail sir, a nic..is rid weaving binds, wash
111•19 1841,:. 111 iu their Alt, 11.1.41 woes Volllo' Nat AA
wont. .1 tweeds lOW A th.cis it..,.. 11nm...bout ',early
the is heti. rage, lairiag pesesoa for thTnwelves in
every duectam. A trait id ralseity on hie part
wool.. ma. re the attendance of tlio jaeli.Lsws of Use Lout re
to his whieds he effected in the following manner
Ilin resiescaco was ow the I,Mai Voltaire, sad for the List
eaves yearn el his life he always places' no lei. hul...my,
irviret:) at three o'clock in Om Afternoon, several plates
of meat riot hi meat piers. The ja^ll•fArr• were most pier.
ia rhn it allandaklNl/. tie.s only to gise
tieetow. In* will that 111, si titlidpiner. :it
I•t•eiwily. Iles jackdaws c..nio that day AA 1 .0.1, and
If he •....1 simile-4110 have raid rm. inters, he certool) an,
oled. I. r .0 their owlsl had n..t Vireo preior .1, limy
were Anil is their lemetehitioue, to the annuAtorut .4 All
41 • !ii..16.1* lebto atteadoil hit oh...plies. rOf emir., A
ce:tecti..ta or hails ...bite SO 41, ffel.•loi
kw ▪
.; 1: •• I 018116,6. OS VA: :WI, r, little
care AIM Attortain. Toe person who roiled bim moot
fh ilarge 44 hi• aviary was Mirabelli ferret,
who Isel been in hi. serriso fifty years,
.1•...ty mu, f, inter. St iu it Mn her Thinking
th3l or. tcrs.i W••• ••• e.A1011.14131 to take c. 0., id the biol•
an 31,.1ama l'errot, he heitiornthed them all to Ler, aml Ale.
left !a t :sis a compeasation fur 1..0u menhir., :Ukilir 1. it
Sr lifts Tripagse, notary. of Pam. who whniuistered
the r•tate d tba deeemiscil. fearing that M. Machado's rela-
tive* 110,-.i attempt to set aside the will, did not think
proper L. tiaras, the pa.ievity .4 t:ee assay to the legatee
at ria-r, last Nellie birds must Le attended to Ille•SW1111... hr
eetrwai .1 Milmet Rant with their gnarliewahlp, but it so
happened that tier:weld mot agree an to the sem to he paid
oat of the estate fee bee array.., wh...h she valued
• ••.1.16, while he thought 204. too touch. Milne. Perrot,
iu em..riquiruee. appealed to the lsw to settle their differ-
-111 Wee. Ti.. tribunal, after hearing comm.! for M. Tr.)i.igiie,
(emir-me:4l him topty Manor. Parrotativa4. format el pVtl,l.
ard ",..04. A month for the future. im long an she should
canto., r W attend to the lards for Lim, an Administrator
under the will.

[Advertisement.]--HoukwAv's PILIA.—A Tot -
k MI6 of middle WI SU ntleuulerstand
US term Noee eboeM be ilto•asnt of the strailnit
attait.••l y Ilaloray Me In reln•tUlnt 1.•.. These renisrkaliki
1.1114 hair ante 4.1 the attention of the profession and the
puha.• her the we. relerl,). and certainty with which they
,WWl2.WliOn• motility. flatulency. nesse billsetess.
and .let Malache they correct the fetid heath. One beelines
4• oar appetite. yrs.', at areninf-tal.le inst.:stifle after meals.
a., 1 el. e,e e•nnpkte dlge.tloa Wlh perfect assiatilatinft. NM•
lows.> tills are the walled >et surest swamis . bus their
w 40. ;very tyl!I .1.. r•• tr,ownt rm, their eseetaat
■w
ne sac es receive Mises Il ey are as Inverness ss they
Ye purifying --r strengthening as they are rte.

ILaW fmtiligente.

COUNT OF QUEEN'S BENOH.—Fas. 19.
Sittings at Nisi Pries, at Ouildhall.—(l3sfare Lard Chief
Justice Oenldiom sad a Special Jury.)

LINDHAT P. IHATHLIT AND ANOTHER.
This was an actin ea a policy upon the Woe ship Har-
binger, which was wrecked in Algae Bay. The trial, of
which details ban already been given, occupied the court
frmt Friday until the rising of the court to-day.
The vessel was originally built as a gun-brig for the
government, and was sold by them to the General Steam
Company, and afterwards to the defendants. On her home-
ward voyage the watered from stress of weather, and put
three times into Algae Bay. Oa the last occasion the
captain left her there, and came to London for the purpose
of making armagemetits for bending out materials for her
repair. It was toast that this could not be duns, aul the
ship was corslenused, sold for 200 f. as old iron, ai.d broken
up. The defendants paid 7 per cent into cuurt, whichthey
coital:idea covered the loss.

The jury returned a verdict for the plaintiff, flailing that
the vessel was in peril, ►nd that the captain wee right in
the course he pursued.
It was agreed Oat the damages should be settled out of
court.

COURT OF COMMON PLEAS.—Fga. 19.

Sittings at, Nisi Prins in London.—(Before Lord Chief
Justice Erie sad a Bpecanl AUT.)
!MAW C. ILLIIYM-CllBlOll OF POZOIRY.

This was an action upon a bill of eachaege for 841. 75.,
dated the 12th November, 1860, and payable in two months.
The bill purported to be accepted on behalf of the defend.
ant by his am, George }Nat, and it was admitted that the
son bad authority to accept bills for his father ; but the
question in the cause we, whether the son had in fact
written the acceptance or whether it was a forgery.
Mr. fferjeaet Ballantine soil Mr. Henry James appeared
for the plaintiff and Mr. Serjeaut Shea, Mr. M. Smith,
sod Mr. Gray for the defendant.
The plaintiff's counsel stated that his client was a draper
in Newington-causeway, and the defendant was a straw-

plait manufacturer at !Mutable, and they were both peas-
meo of gre.it respectability. The plaintiff had discouoted
the bill (or • person mined Bradley, who woe a coueetion
of his by marriage, and wbo has husioess trausactione with
the defendant. The bill had been already sued upon in the
Court of Exchequer, but at the time of the trial of that
cause Beadles was not is the country, he bevies absconded
and gone to Aroorics. On his return to England ho saw •
report of that trial, in which it was imputed to him that
he had forged the bill ; and to.day there would be a direct
conflict of evidence between Bradley and Geo. Elliott upon
that point.
In addition to the opposing evidence of Mr. Bradley sod
Mr. Georp Elliott, a great number of withered) were as-
imbued on each aide to give theirlopinions upon the ques-
tion whether the acceptance was genuine or forged, and •
hose number of admitted signatures of Mr. Geo. Elliott
were handed is.

The Jury retired to consider their verdict, taking with
them the carious documents, so that they might compare
the signature io question with those as to which there was
no doubt, and after hilt au hour's absence they returned
with a verdict ter the plaintiff.

COURT OF EXCHEQUER.—Fics. 19.

Sittiap at Nisi Prins at Guildhall.— (Before the Lorti Chief
Berea aed Spectal Juries.)

HORMALL P. ?HOMAN •ND OTHERS.-THE GREAT GM

This was an action brought to recover 2331. los. on
a bill of exchange accepted by the defendant, and endorsed
to the plaintiffs. The defenibuits pleaded several pleas,
allegieg in saketance that the bill sued on was given in re.
spear of the manufacture of a certain implement known as
a gun. which taintiffs had undertaken to manufacture,
and that they Mailed to so doing, se that there was no
convider.ition.

Mr. Martian was for the plaintiffs ; llr. Edward James
and Mr. Aspinall represented the defeudente.
lit cousequenee of the state of the pleadings, the de-
f.-miaow case wee lova, the accoptanco not Letup denied,
mud front this it appeared tint he bud been is
contmusicitiuti with the War.otfice euthorities with
regard to a rated cannon which was maim•
factured by the plaintiffs. em representing the Liverpool
Mersey !Merl and Mott t 'oitipthy, the defendant giving two
bill. for 4047.. the agreed price, payable respectively
at six and twelve mouths. The gun was made ex.
c-rilin4 to the defendants direct/oil, cud having been sent
down to Woolwich on the undeletaading, as stated in some
of the correstoodence betweee the defendant awl the plain-

turfs. that it Should he" co the principle of no cure nalpay,"
was tasted at Yhucburyn•.s with successful results. tba
this the defendant laid the first bill ; but the governineut
having requinid a further test, it was mails, when the gun
elploided, the cane's, as alleged by the defendant, being,
that the metal was deficient in the castle& ant that there
Lail berm a plug iuserted with the view of remedying the
error in the nothing. The shot was humid at 11114.4414 Cd of
forty feet from the end the plug lying clues by.
Dunn.; the ',tigress of the cause,
The Lord Chief Baron asked if soy one had been injured
by the etpluoiou to which Mr. llouyinati replied that iu
cases curb .a. the testing of guns, the gui or ioneut took evrry
pft.calal..O, end hail the men placed under cover, so that no
accident could occur.

It a; ;snored that the defendant had commenced an action
nzaiust the plaintiffs in the (Smut of rumness Ilcee to re-
veror compeovition for the injuries he hood received ►y
1.111000 of the jolosiutiffs' negligence on the oteuuf■cture of the
sun, awl
Tao Lent Chief Baron held there was no defence to the
pn.seut act:.uk, olowinvini that the defeudisut had be reined,
to another court.
A verdict was then returned for the plaintiffs fur the
amount clanuesL

COURT OF PROBATE AND DIVORCE.
FEB. I%
(Wore the JutLse Ordinazy.)
gooGotpo r. M

Or. l'billimore, Q.C., and Isr. Spanks appeared for the
pLiantitf ; Yr. Mill, Q.C., abst Mr. Brown fur the alefeudaut.
rimy were loth named as executors lay the will in dispute,
whisaki was that of Mr. Edward Buckley, late of Harming-
hon. Yr. Doolgood asserted, mail Mr. Mayes denied, that
the testator had duly executed a will ou the '2nd of
February, flit), and that be was then of soma mind,
memory, and wolerstanding.
The testator had originally been a silversmith, but he had
latterly kept a Myer') iu llinniugharu, from which he re-
tared at the beginning of laibO, an cousequenos of the failure
of his sight and the death of his wife. On the 24th of May,
ls.i9, he had executed another will, but it differed chiefly
from that before diorama in the bequests it made to lus
wife, who was then living. fir. Mayen, a draper, at Biz-
tumghatio, had married the niece sod adopted daughter of
the deceased,

ths behalf of the plaintiff evidence was given to show
that the will had bseu executed io the moat foi WO manner,
in the prevence of Messrs. Coodon and Marcia, clerks to
Mtwara. Hams, of Birmingham, solicitors; Mr. Condon
having kilter' the testator's instructions and drawn the in.
atrumeot for him. Evidence of capacity was also given,
but it was admitted that the loss of the testator's sight sod
the death of his wife had greatly depressed Lis spirits. It
we also admitted by his sister, Mrs. Pickering, that he had
made an attempt upon his life, cud that he bad taken
various odd biomes into his bead. This was, however, after
tfse wilL He died at the age of 65, io August. 1861.
Fat the defence, a number of the illuaions which had
boa retaTad to win detailed by Mr. Mayes ; one of them

i being that the testator Damsel he had seduced his niece. i
This he Imd stritr,l to Mr. Mayes himself, who consulted a
' solicitor about it, cosh was told that it was rather • case for
a doctor. lie W.tl email-mil by a washerwoman front
EQUITY COURTS.—Fsii. 19. Nineveh.
(Before the Mather of the Rolla.) Ilia Lordship having summed up,
TUE sane or DEFORM. : The jury found a verdict for the plaintiff, thus establish-
The Moder of the Rolls delivered jnolgenent in this log the will ; and
antler uu the onestioo, which was argued some days since, Sir C. Croswell condemned the defeudant in costa.
as to whether or sot the depositors is the above concern
were liable to be placed is the list as contributories. His COURT OF BANK RUPTCY. —FEB. 19.
llorniur said the ham its a hich the que-tion eon., hofore
bin. San somewhat singular, as, eruerally epeaking. porsous (Eklore Mr. Commissiouer Goulburn.)
were ly no smear union, to he plowed on the list when a IN Be JOHN WILLIAIIS.
company was being wound up. as heiog there involved them The bankrupt, who was stated to he a solicitor, late of
he liabilities they 1111111 naturally anxious to avoid. Here, Funoivalis.ion, applied for his release from custody.
however, the reverse was the case. It bad happened that a Mr. Begley supported ; Mr. Price opposed for Mr.
contribetery back some portion of his rummy. but not e creditor.
without ' Isle litigation and expense. When the It appeared that the bankrupt bad been 2'2 months in
winding up was expeditiously conducted, the nests might prison. Thecae, hed been before the Insolvent Court, on
exceed the liabilities, as they did in the Madrid and the petition of • exeditor ; but the bankrupt had never
Valencia Railway case ; mid in this instance, if the filed his schedule. It was contended that, a vesting order
deeming' were all membersof the concern. • similar result having been mule in the Insolvent Courtt. the cam came
might follow. The debts of this company appeared alto- within the &benne, of •• pending business, and this Court
gether to 1.4 I3dt4ie., of which 11,19001/. we.. lilt.) tO &Celina bad no power to interfere.
creditors. aid 2,00. to ueocured. This RIM was due to The liankrupt states his debts at 1,9561., and the debts
outside crubton. The mote immediately available were ' due to hint at upwards of 4,000 f.
alaoit 3.010/., end amounted altogether to about 60,000 f. I if r. being appealed to as an authority on the
it woos e,timited that after payment of all the debts about ; prectii!alorthde Insolvent Court, said that the case was
g eo,un woutil remain for distribution by way of dividend : clearly before that court, and must be cousidered as
among the members of the association. His Hower, after I o wending business."
mitering into • very dabooM examination of the mutual Teta. ilia Honour said he had every disposition to give the
time of the venous dames of mums constituting ethe nee- bankrupt relief, but he did not see how be could do so, the
IneV• at *vine' heel II" Pr?""°°' °( it• deed" 6•10°- Insolvent Court being already "seised" of the case. The
mesti, Wald that in kis opaline the depositors on whose be- bankruptcy must go forward, and when it came to the final
kali she premiss emotion was Mend were member* stage, the order of discharge, the bankrupt would ales obtain
ef the conearn. Re came to that cooelusion, be his discharge from custody ; but the Court could nut make
sail. front • monition that the evidence showed a precedent.
these delimiters had full mince of the contents of (Before Mr. Registrar Roche.)
the deed constituting the company by virtue of which they,
a certain
entitled as depositors, IN ItiIIALVAGO.—LARGE NERCANTILX FAILUR were to amount of intend
on their deßeeite, which wee payable out of the proem of This was the first sitting under the bankruptcy of Punta-
th, concern. That being so, they were clearly taking page Mose. Cons ta.ntine S _ `Salvage, merchant, of osid-streetbuild-
'of the profits, and thereby they broucht themselves within lop and of Manchester, also Partner in • house at Con-
re., li of the wellitecoeu rule established in the case of stantinople. Ile came to the court on his own petition as
•• %Vane) i. Caner." They must, therefore, be considered the let lastest; His statement of accounts snows unsecured
as partners. It is imposible to do more than give a mere of debts 300311. ; Imbdittes on bills, 15,3 W. ; good
outline, awl the result of the judgment his Honour delivered, &Atom 9714 i, 'wort> give, WI. in alas hands nt 111-
aa he read many clauses of the deed verbatim, and coin. Vectors, 10,71. g. • bankrupt states bN"MaI "Pin'
ditere for the lot two years at 4001. and 6001. reaps -41vely.
melded spore • variety of circumstances incident to the
eta'. a the company at great length. He concluded Assignees were chasm, and • sitting was appointed fort e
Illaidsayiag that in 'deciding the depoaitors must be ilth March, with • visa to Wm, the came out of courts
on the lust of contributories, be meant to
determine minting as to the liability as contributories of any
ether of the dame. of the association. The judgment
which bad bees obtained wriest the company by • depositor
must cot be executed, but under the circumstance' the
party would not have to pay costa.
Mr. Lloyd, Mr. Selwyn, Mr. Follett, Mr. Roxburgh, Mr.
Roberts, Mr. Cottrell, Mr. Ogle, Mr. Godfrey, soil Mr.
Faber, apposed in the motto.

r. Kerr,

The bankrupt, whohadhscWaMajor in the army, wu
described as of Richmond. He is upwards of $4) yams of
age, and through his ilifirmitiss had been maids to fife ac.
counts.

Mr. Sorrell asked for an adjoarnment, which ma panted.
le the case of W. Miller, a prisoner for 50 years, a first
sitting was held, but uo mcgoee chosen.
(Before Mr. Registrar Hsclitt.)
IN RE 1111 W AND THOM
-

The bankrupts4aWiiuri«ina;;:nd engineers, of
Cowee, in the isle of Wight. This was en examination
meeting. The account+, prepared by Mr. Smart, show
debts of 20,900 f. ; meets, 7,400/.
Mr. Reed appeared for the assignees ; Mr. Linklater for
the bankrupts ; and Mr. Lawrence for creditors.
The examination sitting was sctiourned for further ac-
counts. A meeting of creditors which had been convened
under the 185th section, for considering a proposal oi the
bankrupts to pay 4a. 3d. in the pound, and to have the
estate wound up under a deed of inspection, was not pro-
ceeded with.

INSOLVENT DEBTORS COURT.—F 93. 19.
(Baker Mr. Oasusiorkear Nichob.)
IX II JOlill JAMS ZAWKINIS.

Thie iDllol,lllliy Ijitll;74o/;.0 repotted on the 12th inst.,
was further heard.

Kr. Dowse sad Mr. Macrae opposed for two stockbrokers
mimed &ills= sod Price.

Tie;caSreilligedrupu the insolvent was, that instead of
cjiri.ng the opposing creditors them account on "tiros
" be had oupossled propmly to upwards of 3,0001.,
which amount he declared" he had since be bad been is
prison sent to his brother at Tama, for money lent, and is
consequence of the civil war in America no ioformatioa
could be obtained. On the last bearing it was proved that
some bank notes paid to the insolvent on the sale of Loan-
lardo Venetian Railway shares, had been paid for the pur-
chase of Mexican stock by a young lady named Warren, who
bed boom a constant visitor of the insolvent iu prison.
Os the part of the
.opposing creditors the attentliume of
Miss Warren was rerpurti Kb* had removed to Plymouth,
arid the insolvent said she was, as he was, a God•fearing
sad law-abiding person, and would obey the mandate if it
was wished.

The Insolvent indulged in an extraordinary strain, and
was called to order several times, with respect to the
" system," es he called it, of barristers in the superior
nowt& taking fees sod never attending to the oleos, and of
that system be was a victim.
Mr. Commissioner Nichols said he could not listen to
extraneous matter which had nothing to do with the ass.
sad unless the insolvent restrained his language, ho should
order the officer to remove him.

—fieri;sOlveOt n.peiniiiie.lto go on, and after saying he
would only be "two minuka," which be repeated severed
times, concluded.
The case was adjourned to Wednesday next, and the op-
posing creditors offered to pay the impasse of Miss Warren's
attendance u a witness.

I a the course of the case the immigrant said he had been •
keg time in prison, and was teld be was likely to be es kepi
ie prison.
Adjourned meardingly.