The Express.
London, England, 1851-11-11 00:00:00

COURT OF EXCHEQUER.-YESTERDAY.

-.-
Srrnsur, ry 14ac0.-11.r,ant rule LOYD Cuts, ISAILON' Ma. BARON
PAWLS, MI. Bata. AU. a los, AND Ma. BAZON Purr.

PAGE V. Cosrucc—Cutu. Cox.
This was an action which was brought to recover compen-
sation in damages for criminal conversation with the plain-
tiff's wife, and was tried before Mr. Justice Erie at the last
assizes held Mr the county of Gloucester, when a verdict
was found for the plaintiff, damages 101.
Mr. Cooke now moved for a rule for a new trial, on the
ground that the evidence upon which the verdict was ob.
tained was false. It appeared from the statement of the
learned counsel that the plaintiff was a retired tradesman,
70 years of age, residing at Cheltenham, and had married
the party who was the subject of the present action in the
year 1813, she having been his servant, and being consider-
ably younger thou himself. The defendant was a brick-
maker, and a married man with a large family, and also
lived at Cheltenham. It transpired at tho trial that the

plaintiff and his wife lived very uncomfortably together,
and her body was frequently covered with bruises,
which were caused by the cruelty of her husband. It was
stated that he, on one occasion, threw a tea-tray at her, she
having previously thrown a kettle of boiling water at him.
On the nth of February, MI, she left her husband, and
remained in London until the Gth of July, when she re-
turned to Cheltenham for a short time, and then went away
again. The only witness called to prove the adultery was a
boy, named William Bingham, the brother of the plaintiff's
wise, and he stated that about two years ago, at harvest
time, he went into the fields with Mr. Page, and was
sent back to the house to obtain some powder and
shot, and on entering the kitchen he saw his
sinter and the defendant in such a position as to
leave no doubt of their guilt. On seeing him they both
retired to the parlour. The boy followed them, rind on
looking through the keyhole he again saw them in a similar
position. This was the only direct evidence of adultery.
The indirect evidence was that of en individual named
Hawser, who said at the trial, that he was the check taker
at the Cheltenham Theatre, and that the defendant had
often asked him to peas Mrs. l'age in without paying. Ile
also stated that Ito had frequently seen Mts. Page and Mr.
Costins in the gallery; and had seen them go away to-
gether. The learned counsel now read affidavits denying
that Rawser was the check-taker at the theatre, and that
Mrs. Vage was in Cheltenham nt the time when the theatre
was open.
The Lord Chief Baron—How do you propose to get rid
of the evidence of the boy ?
Mr. Comte said he had an affidavit of a person named
Gibson, who stated that the boy had admitted to him that
he was going to swear at the trial that whirls was falec, and
on his remonstrating with him Mr. Page came up to them,
and abused deponent fur interfering with the boy. The
learned counsel also read an affidavit to the effect that it
was impossible that the buy could have seen through the
keyhole of the parlour door, as he had sworn he had done.
the Lord Chief Baron said that the court would grant
a rule nisi, to be made absolute if the plaintiff did not satis-
factorily answer the affidavits produced by the defendant.
Rule nisi granted.
Shortly before two o'clock their lordships retired to re-
robe for the purpose of receiving the Lord Mayor.

CONSIBTORY COI:RT.—YESTERDAY.
Barnes Da. IXAIIIPOTOW.
Buss r. Buss.
The court admitted some further additional articles in
this cue.

CLARIDGE O. CLARIDGE.

This was &business of propounding a testamentary instru-
mint. Tho opposing party, Mr. Claridge, having with-
drawn from opposition, the facts did not appear, and the
will was pronounced for.
The proctor, by whom the will was propounded, com-
plained that an individual out of the profession had been
employed by Mr. Claridge to assist in the conduct of the
case, although that gentleman bad apparently appeared
personally.
The court had yet to learn that it was prohibited to any
suitor to avail himself of all the knowledge and learning and
talent of others, provided they did not attempt to perform
the office of proctor.

COURT OF BANKRUPTCY.—YznEEDAT.
Bums Me. Comm stasma Puce.
IN RE C. Cl/WLY.
The bankrupt was a chemensand grocer at Col-
chester. His accounts, prepared Mr. Butler, extend
from December 8, 1849, to August 15,1851, and commenced
with a capital of 1021., and closed with debts 1,191. ; assets,
about 1501.
Mr. Langham opposed ; Mr. John Butler supported the
application of the bankrupt to pass his examination.
His Honour passed the bankrupt's examination.
IN us WILLIAM BENNIS°.
The bankrupt was a law bookseller and publisher in
Fleet-street, trading in copartnership with John Kitten
Gillian, under the firm of William Henning and Co. Hs
passed his examination unopposed on accounts showing
debts, 10,8451. ; assets, 1,5721.
Mr. Lawrence appeared for the assignees.
Its WALLIS BROTHERS.
The bankrupts were drapers at Leeds. Their accounts,
preut
6601 pared by Mr. Butler, show debts, 3,2831.; assets
1 abo •

INSOLVENT DEBTORS COURT.—YESTEBDAT.
Herons Ma. Colurtanosaa Law.
IE THE MATTER OP MOSES JACOBS.
This insolvent, described as a "law-agent," who applied
under the Protection Act, was opposed by Mr. Cooke on
the part of the proprietors of the Argyll Rooms, Windmill-
street. Mr. Nichols supported.
It was alleged that the insolvent was a trader as a glass
and china dealer. He however stated that he was only a
law-agent, which he explained to mean a person who found
business for attorneys, and received a certain portion ac-
cording to contract. It appeared that the insolvent, who
had been employed by the opposing creditors, had brought
an action for 331. for repairing and fitting a chandelier at
the Argyll Rooms. lie also brought two actions against
them for penalties for performing without a licence. Ile
failed in the action for the work, and also in the first of the
other actions, and the third had been discontinued. His
attorney, Mr. W. B. Davie, had given his occupation as a
glass and china dealer, which he said was not his descrip-
tion. Ile had two sons who hail been in the trade ; but he
was not a trader, although he was the tenant of the
house.
Mr. Commissioner Law was of opinion that the insolvent
was a trader. As such he was described in the order made
for his address and occupation. Indeed, one of the ac-
tions was for work and labour. The omission was not one
of mere accident, but a deliberate one; and therefore the
petition must be dismissed.
The petition was accordingly dismissed.
Carom Mn Correozooso nuttier.
Is us ROBEILT Del/LEY.
The insolvent was opposed by a creditor in person. The
insolvent and the creditor were at issue in their evi-
dence. One contradicted the other in nearly every par-
ticular.
Mr. Commissioner Phillips thought the court would be
obliged, under the late act of parlia;nent, to direct an in-
dictment for perjury.
The case was adjourned for further evidence.

MIDDLESEX SESSIONS.—YEsTERDAY.
The sittings of the court for the November General Sea
sion, were resumed this morning by adjournment, from
Clerkenwell, at the Guildhall, Westminster, before Mr.
Serjeaat Adams, Assistant Judge; Mr. Pownolt, Mr.
Witham, Mr. Turner, Mr. Arthur Smith, and other magis-
trates.

There are 45 prisoners for trial, 3 fur
.42 for felony.
After the grand jury was sworn, the learned judge de-
livered to them the usual charge upon the discharge of
their duty.
INCITING Ti) STEAL.
Henry Marlin, 21, was indicted for feloniously inciting
Charles White to steal a pistol, a fork, a sovereign' and
watch and chain, the property of Algernon Edward West,
his employer.
The circumstances of this case have very recently been
placed before the public in the police reports.
The jury found the prisoner
Lockyer, the prison officer, proved three former convic-
tions fur felony against the prisoner.
'rho learned Judge said the court would not be fairly
discharging its duty to the public, if it did not exercise its
power of passing upon the prisoner a sentence which would
remove him fromthis coun•ry. It would be on act of cruelty
to the rising generation to permit such a person as the pri-
soner to pursue his practices any longer in this country,
for on one of the occasions upon which ho had been before
convicted it appeared that a boy twelve years of age had
been decoyed from the paths of honesty by him, and
initiated iu crime, and in the present cast he had adopted a
similar plan with another lad, who no doubt had been
honest up to the time he because acquainted with him. The
sentence was that lie be transported beyond the seas for the
term of fourteen years.
THE 1101.1101 IN ROBBERY._ _ _

r, and

Jaw, Pledger pleaded guilty to vtealing 9.01. in gold and
silver coin, and a diamond ring, value V., the property of
Ann Foxall in her dwelling-house.
The prosccutrix was the keeper of a public-house in
Holborn, and the prisoner was in her service as potinan.
Sentenced to one year's hard labour.
THE DOG STEALING ACT.

Edward it;:34, wits Indit;tediur haring unlawfully
and corruptly taken 21. 2s. as a reward for the restoration
of a dog which had horn stolen from Ueorge Lionel Fitz-

maurice.
The evidence did not establish the charge in the indict-
ment, which wav framed under the Dog Stealing Act; and
the jury returned a verdict of Not !milt y.
ADJOUICNXENT or APPEAL?. - .

The learnedi;Tl;;;TiMaiedth;t; ii;Qtsequence of the
ill health under which he waA, and lent been for sonic time,
aufkring, he should not again attend the court thin session,
and the appeals Wl.ich stood admurned from Friday last to
Thursday next would therefore go over until the 28th inst.
This course would not, if it were announced in the public
newspapers, entail any unnecessary expense on the parishes,
as the officers would then be aware that they need not attend
the court with their witnesses on Thursday.

THE POLICE COURTS.