The Express.
London, England, 1865-11-16 00:00:00

LAW INTELLIGENCE.

EQUITY OOUBTE.—Nov. 15.
(13sfore ViorChaaoellorSir J. Btaart.)
Baum AID Wan= e. igoemarus.—"riagters
agarstrre."
Mr. Malian, Q.C., and Mr. Owe* &waxed in We men this
moniog, the bill in which, it will be rememberel, prima
far an mjnactioa to restrain the defeadmit " from selling
or exposing to be sold, or procuring to be sold, in boxes
bearing the labels in the bill mantioood of the plaintiffs,
any serpents or other similar artioles, which had
sot bun coanufastured ar sold by the plaintiffs." When the
ewe wen mentionedoa Monday it was ordered to eter.d
over till today, for service of notios of the thin applioatnou
the &Mondani. That had been done ; and now it &P-
-awedon that the defeadaak baring been so served, wanted
further time,to ale evidaeoe in oontmdiction to the case made
by the
_gaintiff• in support of their application.
Mr. W. M. Moms, for the defendant, aid that be ha
*video* to adduce which would completely answer the ease
alleged by the plaintiffs.
The Vice-Chancellor directed the case to stand over till
the last day of this term.

COURT OF QUEEN'S BENCH.—Nov. 15.
Maim in BSAoo.—(Belaie the Lord Chief Justice and
Justices Mellor, Shes, sad Lush.)
TER CLEM OT cruzwere mimeo&
The convict, it will be recollected, was tried, thavieted,
and left for execution at the last Devonshire arises, for the
wilful murder of the illegitimate child of • woman Darned
Harris, residing at Torquay. A point was raised al the
trial, and afterwards one writ of error, for the operas
of this court, that she bad been improperly ethtvictedi
having been once before put in peril for the same ethos.
She was first tried before Mr. Barth Channel', on r
Saturday, the last day of the theism for Devonshire, and
the jury, who were looked up until tire minutes to 12
o'clock, were unable to agree to a verdict, they were de-
The Owen was recommitted by the horned
judge, mad at the wooed trial, whisk took place in July
last, she was again indicted for the same °gene%
ed
the mother of the child, who the
with her on the first othielon, being admitted
Queen's wriderge. Oa the sewed trial twe
at
of the coastal was fully established by the
testimony. sad Mr. Justice Keating lin her for execution,
overroliag the point raised at the time of the trial by Ms.
,
Polkard, that she had been already put in peril on the earth
and that it was act legal to try her the second time
eftrg same dieser To-day, just at the &jig of the mart.
Mr. Folioed said he had to move oa behalf of the °myth,
who was under sentence of death in Father pal, that a writ
of certiorari should issue to the loathed judge wbo Welk
her and port b the clerk of meths to briag up tie
rem
portliest of the record, sad all matters touching
the erase, in order that the reseed might be fully ear
sidered by the court. The reseed had been very ea-
fairly made up on the math gnostic., that of has*
reference to the wrongful discharge of the jury,
The rowed stated, "That after a farther space of
hours. that is to say Sr. miaow beton 12 o'clock on
eight of the 18th of March, and five minutes before ..
Lord's-day, the said jury returned to the bar of the court,
and upon being asked ti they had agreed to their verdict,
they said they had not so agreed, and that they math.
mously declared, after full consideratioo, their opinion tb'
It was impartible for them to agree upon any verdict tic
given." That, he contended, was a most unfair statement.
bemuse it did not really take place. He had the shorthand
writer's notes, whisk showed that nothing was said at
time that they were unthimous in opinion that it was
possible for them to agree to a verdict.
Ms Justice Mellor—But substantially they were usable
to agree to a verdict.
Mr. Folkard-1 with to have put upon the record '
aeons actually given at the time by the learned judge
Baron Channell) for discharging the jury.
The Lord Chief Justice-1 do not think that in the
sent day any one would thy that a jury should be kept
'ether • int they die of busier or exhaustion ; and the
.
wore t is question whether the learned judge in discharging
them tram motives of humanity —before they had come to
an unanimous verdict, bemuse it otherwise would have been
cruel and hibernate to keep them together toy longer—has
released the convict from any further proceedings.
is the question we have to decide.
Mr. Folkard —When the jury was discharged the ,
cutorand witnesses were also discharged, and were not t
bound over to prosecute a second time. That would she
disoootionathe of proceedings on the face of the record. N.
has been given to the other side of my thermion to mac
this application, and Mr. Banners was here this morning
on the part of the crown, but he appears to have since left
the court. Notice has also bees given on the part of the
crown that they intend to move for a rule nisi, to show
reuse why they should not be thawed to make MUER lite.
rations in the record.
The Lord Chief &ratios—Then we had better postpone
your motion for the present, and wait until we bare heard
what Mr. HllOOOll has to propose to the court. We reserve
to you the right to make any further appliestioa that
might be necessary after Mr. Hsnnen has stated his potpie.
Yoa had better communicate with Mr. Hennes, and have
the matter brought on at the earliest possible moment.
Armllethith postponed.

COURT OF PROBATE AND DIVORCE.
Nov. 15.
(Before the Jodie °DURUM
ALDILIDGI G. ALDRIDGZ AND OLLPIPZITOIL
The Queen's Advocate and Dr. flpinks for the petitioner
Dr. Deane, Q. 0., sod Dr. Wanibey for the respondent;
Dr. Tristram for the co resposdest.
Os the 30th of Anus* 1649, the petitioesr, who was
crows solicitor to the Baskraptem Court, married the re.
'pendent, a person who was also of very reepectsble me.
maims. For some years the noise premed happy
sod it resulted is the birth of eight children, semv:sugh
whom were still living. Latterly, however, the restultalutti
who had a taste for writing novels, had grows tired of the
trouble of housekeeping, dieerateeted with her hoe—
hand's grist habits, and serious to be istrodumd
to society, where her talents would be more likely to be
appreciated. Mr. Aldridge lam resisted her desire to have
a separation, bat bevies at length bad an Blue., diving
whieh be we. dissatisfied with his wife's criadunt to him,
he concealed to let her e. A deed was drive up, I
and is July 1863 they ported, the reepondeat beige allowed
4001. a-year for the nesistesance of herself and four of the
children. She went to live in lodgings in
street, Cavendish-square, and after a time she the
acquaintance of Captain John Russell Clipperton,
the secretary of the Club Chambers, Regentedreet.
In March last she sent for Mr. Brown, her medical man,
and communicated to him that she was in the family way
by the co-respondent. Mr. Brows was greatly astonished at
this intelligeoce, but promised to attend her. She agreed
to change bee Weems so es to be nearer him, but before she
left fetergamtetreet her oentimcnent took place prematurely
in the month following. Ramie of • very direct kind,
Suing Ctletein eliPnorton with the paternity of her child,
having been given by the reepoedmit'a servant,
The court male •docreenisi, with costa.

of the Spanish blockade of the Chilian_porte
threatened bombardmentof Valparaiso. They
`salad that arreagessato nay he oar far ,•-
Ten Bs:tsar:Twit Act.—Yesterday, at the Sel depart.we of the outgoing West Coot mail, w
oondariee' Court, in an actioo in on of the superior courts. , of thou commuoicatiog with the British govent
" Spradbury v. Jewell," the question was raised whether a 'abject of the advice. now overdue, and thereby
deed era ballot exchange given in renewal of a debt under . them tunefully to instruct their correspoodests
bankruptcy could be recovered. The plea was that the plain- I the preeret critical position of affairs.
tiff had knowledge that it was a debt discharged by bask- I Loirttott Ganser. Ostrosva CotrriarY
ruptcy. Mr. Marriott was ectuneel for the plaiatiff, • wins Teak mak*, fa. Q. wok adiog Nov. Imo
and spiri•t merchant in the City, and Mr. Danny for the BELAITABT Bivrasoz.—Elontooopat
defendant, a clerk in Chatham Dockyard. The defendant' where. and the metheet Prof mien generally, re mm
w"
a bankThtilaat year, and obtained his older of dimbaget as being the most healthful of all laererages. Who,
setting hide 50! • year. Some months afterwards he gave trio. of ho.opaghy wee pre/ Introduced hate '
a Hooped victualler named Platt the bill in question, which there were to be obtained no pre sof cocoa
he paid away to the plaintiff. Mr. Deny said the bill was eithero the taste or accentabreo the stomach
void by the Bankruptcy Act, sad the object of the ]• supplied to the crude state, :..r is mak!'
tare was to protect beaming. Mr. honing said • bon h,htturwitmeht: obial:aelatr D.rikej, 1899
fide holder could recover, sod the plea bad not bees =P. {lon to this subject. and at length meceeireded, with
not
Mr. Seeoedary Potter ruled that the defendant of elaborate machinery, le being the Bret to mode,.
had unt proved that the plaintiff knew that the bill was pure In its coaloosltlon, end so relined bye the perfect
in renewal Mr. Decay had done all be could, but the it receives In the proems It passes thm, as to be te,
plaintiff must recover. Verdict accordingly.
A Car AND Don Berns.—ln the Sheriff's ablealwistrtogautdteeddideltzcatemitr.stomainz4hoDr.
.FiLiffegmt%.eiranfdl:br.ktagw,m4gppe:
Court yesterday, before Kr. Commissioner %err, Co belies, lee Adrdberetsoce," mess. . Caeca contains •grest v
Moroni v. Forbes, was brought to recover 15e., the value portent nutritive principles : every inerolions wv
of a marble table top, which it was alleged that defeedant's hearth sad eillemenee of the then heft.... Asaq.,
wife had broken. Plaintiff (a coefectiner) produced the Doescmc4:"--‘1"e" mucentigherthe -1.—.-6°X
pines of the table top, sod said that Forbes sad soother ,„„,, up with bow= water or milk. secured I
lady cams into his shop and had nothing whatever to eat,
elb., and 1-lb. labelled packets. and sold at 1
but before they went out Mn. Forbes knocked over eye of (mom confectioners, and chesista —(Advartisemem,
the tables anal broke it. Mrs. Forbee in define and— ..--.--.—.-----------
----_
__.
" The accident occurred in this way. I went Mt* the
plaintiff's shop with • friend and my little dog, and BIRTHS, MARRIAGIE, AV'
called for some ice ; but it happened very unfortunately
that in the shop plaintiff kept a cat, and of course the dog BIRTHS.
almond,
flew at the cat, and the cat flaw at the dog, notil there was CC MBERLAND.—Noverauter lftl..
a scone of great coofusion. Of course I went to save my I cailtkr". cr, be her ii.-acy;',e.' apiwee, Lower
dog sod the plaintiff wished to save his cat, the result being of c. Cisrk, rd e daughter.
Mat one of the tables was hawked over sod the top brakes Li:N.B.—November ltattharcmontgquare, rent
off. As this was an accident, I thought I was not liable." of Dr, Luta, of a sem
his honour gave • verdict for the plaintiff, on the ground WMNovember ,1.3, at avenue-reed, Rev
41°u:ter
that the en bad a right to be in the plaintiffs shop, but 1 of the ley- H. "et*. et • •".
that the dog bad not. . KARRLiam
STRIKE OP THE ORGAN BUILDER/I.—Last evening . horryt—rgions.—liovember 14, at the ,
Illsrykbone, by the Rev. J. P. Garrick, A.
• crowded meeting of the journeyman organ Milder was Ka.,40,4,„. tromord. to He Jane,
hold at Cleveland-hall, Fitzroy-square, to won I
der the best Noma. gag., of GM., King's count
ley. ire
means of obtaining the advance asked for by them of 6d. , PafibittlegT—OY.—November . •-
par day os the present rate of wages. Mr. Tompkins ono. I Jollies-weed. bY Gas ffev. M. Gibbs. /- Pltht"
pied the elan, and stated the object of the meeting. Mr. I Clarendon-terrace. Lewisham-road, to mar/ r
Joshes, the secretary, stated they were all aware that !Ittlrl
_,,..,....
_,,____,_ ~ a I
about three weeks back circulars had been rot round toi':elthl'ae itre7r.713,;;;;c7(7.irLyt0.,,,,,
the employers reqesting the adrenal of dd. per day on the bAp. the A,wmwe.'ovey_bilL to may Asa
pt
rate of wa
ges,a which averaged shout 300. to 334.1 a she nem J. pepper.
per week. TM weallar employers acknowledged the •jastioe DEATHS.
of the olaith an said they would give it if the large 1171108.-. November IE, at Oid Kent-road.
—November it, west. . m
finaaupc. wibenid.mu.do sod.
tb.Aocordzsetwitiglma.y • deaspu.taettend
the id
hugest waited cAM.T.L..
AStaffi,L.Snr.eon 111. N., aged eL
._ .
employers in the trade, hat that gentlseem we- Matalet.-..--ahtier lfalw—thaa.. •—a
fused la glm the edam* sew we at say Ware eeorr 7;;;;;;z„..7.'d co-editor of the ye'
time. For this wawa; Ma men is his employ. to jiLT. -o,throu was loge T "wowed. sod
the number of 20, refired any loons, to work for hint, knew him best
'ad were gal On omits. Mr. Bill, being mars to obtain "WM —November 15, aft a Mort illness,
ether worbatim to lake the pier at tbro who bad irk I. 021. 111Lssellyitialez_bra of Wht_,,__P•l_l.l.
_—
W rersidoy egret to take brit the =Ma. eel ere to Ire IgitWfil- 1ec.,..1„...,eiri„....a.Z.".r. aMboriiii.
of them the whams seined dm, bat tie moo bad desired "0",..e the hue T. smirk jug.
this offer mime the shame ens gifts to all, and than
thereto's still ameisedest. A Mug diwesmioa took pleas, w_,.....,,,-------------_, _,.,...... .... vaunt Km
wed • rootage"' was adopted Is etaireno the support of '-'ir,:h...,7400,pk=u,,,70. id game" rilinmet;7oo
the trade to the oleo co strike aril the odsome was 05a..1 .son to tbe Froorot st
asiod. TsrartatiroVirsi"ak 1111‘