The Express.
London, England, 1862-06-17 00:00:00

LAW INTELLIGENCE.
(THIS DAY.)

EQUITY COURTS.
(Before Vies-Chencellor Sir W. P. Wood.)

BOUCICAULT r. WEBSTER.

This case came on this morning upon a motion on behalf
of the plaintiff, to restrain the defendant from interfering
with him in the management of the stage and the " behind
the curtain" of the Adelphi Theatre. The suit has arisen
out of a dispute between the plaintiff and defendant,
who are the joint managers of the Adelphi
under an agreement, the material Parte of which are as fol-
lows :—Boucicault and Webster to manage the theatre
(Adelphi) between them ; the stage and its departments to
be under Boucicault, the front and ire depart-
ments under Webster. All expenses and engage-
meats to ho made mutually. While Webster acts
he is to receive 51. a night ; while Boncicanit
acts he is t) receive 51. a night ; while Mrs. Boncicault acts
she is to receive 51. a night. Neither Webster nor Bouci.
can't to receive any payment as manager. The rent of the
theatre to be 3,301., payable weekly. All dramatic works
to be paid for nightly, at the rate of 11. per act ;
at which rate all Webster's repertoire, acted and unacted,
and all Boucicanlea, to be payable at the Adelphi daring
the endurance of this agreement. But this payment not to be
taken to buy any other right than the right of performance.
All the receipts and expense* of the theatre to be made up
weekly, and every week's profits to be divided equally
between the parties, each receiving or paying one half.
Agreement to be for three years, to commence Ist October,
Veil. Agreement to terminate with death.
On the part of the plaintiff it was alleged that the defend-
ant, in breach of this agreement, was interfering with the
management of the stags affairs by proposing to bring out
the "Colleen Dawn " and the " Octoro,m," notwithstanding
the scenery and appointments are not in fit state to bring
out these pieces.
Mr. Bolt and Mr. Dickenson are for the plaintiff ; Mr.
Willoock, Serjeant Ballantine, Mr. Swinburne, and Mr.
Webster are for the defendant.

There is also a caroms suit to stay the plaintiff in this suit
from carrying out an engagement to take Drury Lane
Theatre.

The motion in the first snit wu still proceeding when we
went to press.

COURT OF QUEEN'S BENCH.

Sittings in Bsooo.—(Befors- Lord Chief Justice Cockburn
sod Justices Wightman, Crompton, sad Blackburn.)
TYR r. THE GREAT NORTHERN RAILWAY COMPANT.—JUDO-

ycNr.

The Lord Chief Justice Cockburn this morning de-
livered the judgment of the court in this caw.
It was objected by the defendants first that the
plaintiff was out entitled to recover on a point of
law, and secondly, that it this was the case the damages
were excessive. The action was brought by the widow and
executrix of • gentleman who lost his life by an accident ou
the Great Northern Railway, through the negligence of the
defendant's servants. The eeaassedd was tenant for life on
• settled estate in landof 4,0001. a year. By the provisions of
the marriage settlement 1.0001. a year for life was settled
on the wife, and 20,0001. was secured to the younger
children at his death. The estate passed under entail to
the eldest son. His, o property amounted to 3,4C)1.
There were eight chi to provide for. The action was
to recover compensation for the pecuniary lose sustained by
them owing to Mr. Ppm', death. The heads of low relied
on were, first, the loss of a superior education for the
children, and the personal comforts and social position
which they would have engaged if the father had lived, as
well as what the father, as a provident man, might have
saved for his wife and the younger children. The jury
assessed the damages at 13,00.31.. 1,0001. of that stun for
the widow, and 1,5001. for each of the eight children.
It was urged that the rase did not come
within the statute ; and secondly, that the pecnniary,
loss relied on was too uncertain and remote to be the sub-
ject of compensation under the statute. The court was of
opinion that the objection to the plaintiff's right of action
failed, and with regard to the second point they were of
opinion that it was a pecuniary loss capable of
being estimated in money. The question of the
amount of that loss was for the jury, and the
limit of liability was for the consideration of the legisla-
ture, and not the judge and jury. With regard to the
damages awarded by the jury, the court considered them too
largo so far as the children were concerned. They suggested
that the sum of 1,0001. awarded to the widow should steed,
and that for the children he reduced f rom 1,500/, each to 1,0001.
each. If that was not assented to by the plaintiff, the rule
would be absolute for a new trial, on the ground that the
damages were excessive.
Mr. Lush, on the part of the plaintiff, assented.
Rule discharged for • new trial accordingly.

COURT OF EXCHEQUER.
Sitting. in Basco in Trinity Terra.--(Befors Lord Chid
Baron Pollock. asd !Woos Martin and BramselL)

THE ATTORNET-OZNEAELV. JONI& -.TUDOMENT.

This was • proceeding by the Attorney General against
the defendant for the erection of a pier oo the sea shore of
North Wales without the consent of the crown. The
trial took place at Chester, when • verdict was returned
for the crown, but • rule was subsequently obtained for a
new trial ou the ground of misdirection by the learned
jodeueend that the verdict was against the evidence.
was shown at considerable length daring the pre-
sent term by the Attomey -General, Mr. J. Locke. and other
learned counsel ; Mr. M'lntyre, Mr. Morgan Lloyd, and
Mr. V. Williams appeared to support the rule. The de-
fendant claimed the sea shore under the law of Duvall
Dbar, a Priem of Wales in the tenth century, by which the
shore belonged to the owner of the adjoining land.
The Lord Chief Baron said the court was of opinion that
there should be • new trial.
Role absolute accordingly.

Mr. Gibson, the surgeon of the gaol of Newgate, being
applied to, confirmed the statement of the learned ward
as to the condition of the prisoner, and the recorder directed
that the trial should stand over to the July session.

The WiLD(OO.II in this case have not yet been before the
grand jury, but they are expected to be called in the course of
the day. The unfortunate lady still remains at her own
hones in the charge of an hospital nurse and the police.

THE POLICE COURTS.
(THI3 DAY.)

11ARLBOROUGH-STREET.
o?rAnnwo• lUTUATION BY • TALI C11•1•CY111,

-- . -
Rielie;rii Yield, footman, wee charged by Inspector John
Wilson, of the 0 division, with obtaining a situation ais
footman to Mrs. Cavendish Bentinck, of ed, Charles-street,
Berkeley-square, by means of a false character.
Be Mrs. Cavendish ntiock said the prisoner came to her
it the month of March last, offering himself for the situa-
tion of footman. She inquired where he had hest lived, end
he said with a gentleman named King, at East Woodhay,
Herts. She asked him whether he could have a personal
character, and he said that the gentleman was then
out of town. She wrote to the address, end
received en answer containing an excellent cha-
racter of the prisoner, and in consequence she engaged
him, and he entered on his duties. Finding the prisoner's
conduct not at ell in accordance with the character she re-
ceived of him, and which she supposed came from Mr. King,
and which had induced her to engage him, she wrote to Mr.
King asking how it was that he had given the prisoner such
a character, but received no answer. She then discharged
the prisoner on the 15th of May for inebriety, and after-
, wards received the letter she bad lad sent to Mr. King back
through the Deed Letter-office of the General Post-offioe.
In answer to IshTwhitt, Mrs. Beutinck said she was
led to suspect the prisoner from the peculiar way in which
ahe did his duty from his not being at all sober—fre-
quently incapable. He had frequently spoken of Mr. King
to her, and said that he had lived with him at an hotel in
Albermarle.atreet. - -

Inspector Wilson said about sir yesterday evening he
went to the Coach and Homes, Mount-street, Grosvenor-
andOarlP, seeing the prisoner in the hasatelle room, said,
11:4Pield, I want to speak to you." The prisoner then made
off through a door in the room he (Kr. Wilson) was not
aware of, and after a smart chase he was captured in South
Andlerstreet. On telling the prisoner the charge, he said,
" Yea, it's all right, but I never took anything while I was
there. He Lad written to the superintendent of police at
East Woodhay, and found no person of the name of King
resided there.
Prisoner was remanded.

WANIXIWORTR.
AN WPOUCATED RAILWAY PASSENGER:

/earscAdassa, • cab driver, surrendered to his recognises
before Mr. Ingham. charged with being drunk and annoying
the pituitaries in • second class carriage on the South
Western Railway.
The case was heard last week and adjourned for the de-
fendant to produce witnesses. Mr. Wilson now appeared on
be half of the defendant.

Mr. W. Townley, station-muter at Wandsworth, stated
that about twenty minutes to eleven o'clock on the night of
Sunday week his attention was called to • railway carriage
from complaints by pusengers of having been air
owned by the defendant. Some of the passengers
got out of the carriage and went into another, to
avoid the defendant. He then got on one of the carriage
windows to mount the roof, when witness seized hint and
dragged him down. He demanded the defendant's ticket,
upon which be became very violent and threatened to
strike him. He was intoxicated, and he gave him into
custody.
William Bernard said he was at the station and saw the
defendant in • carriage, behaving in a very violent manner
and wanting to fight. A lady complained of the defendant's
having slapped her face, and of breaking the glass of her
watch. Site got into another carriage, and witness
was about pluming another female into the earrings in
which the defendant was, but in consequence of his
violence she entered another. The defendant was not
label'.

Mr. Wilson did not deny that the defendant had been
drinking, but said that the disturbance arose from some
people in the carriage awaking. It was attributed to him,
and his cap was taken off his head. He did not like the
treatment, and he got out of the carriage to complain. He
declared that be had not been smoking.
Mr. Ingham tined the defendant 40i. and 10s. costa, or
one month's imprisonment.
The defendant was allowed a week to pay the money.