The Express.
London, England, 1848-12-05 00:00:00

Befare the Muter of the Rolls.

HATIVIT V. KUnTZ..- •INMIN.C110; CO-17TINVED.—In 1844
the defendant, Augustus Kurtz, and the plaintiffs entered
intopertnenhipas manufacturing chemists at Manchester, for
the purpose of trading in dyes fur printing mu.lin de laines
and stuffs of similar manufacture. Kurtz was the disco-
verer of several dyes, end, amongst others, one of a bronze
colour, and the firm, which traded unite the style of
Augustus Kurtz sad Co., depended on him for inventing the
dyes. The partners also, by their articles of partnership,
stipulated not to disclose the genets of the firm sn respect of
the inventions. In 1847 a dissolution of the firm, which had
been successful in business' was effected a to Kurtz, to
' wham upon his retiring, the other partners agreed to pay,
for hisshare of the concern, 12,4401.—that is, 2,6001. down,
and 9,9401. in three bills at 6,9, and 12 months reap.ctively,
and they agreed also to pay him by certain instalments, in
tea years, 10,0001. more. And Kurtz c ivenanted not
to trade in opposition to the firm, and rot to reveal his in-
ventions. Subsequently the remaining partners discovered,
es they alleged, that Kurtz, before be retired, had communi-
cated the bronze dye to one Aisne. Prince; and they insti-
tuted this suit to have the bills which they had given him,
two of which remained unpaid, deify, red up, and generally
t i be released from the obligation. they had incurred under
the deed of diisolution' on the ground of this alleged breach
of faith on the past of Kurtz. In July last they obtained,
upon affidavits, en iajunction against Kuria as to the bills,
oa the terms of paying their amount into court ; and the de-
fendant having pat in his answers in the cause, now sought
to get rid of the injunction.—Messrs. Roupell and Lloyd sp-
pecred for the defendant; Messrs. Turner and Rounded
Palmer for the plaintiffe.—The Muter of the Rolls continued
the injunction, putting the plaintiff's and dtfenfinst on such
terms as would secure to all parties their rights according to
the result of the muse.

COURT OF QUEEN'S BENCH.-13ArtiltDiT.
Km Pmts.—Settee Lord Denman and a Common Jury:
ChM. CON.
O.IIIADY V. Earatt..—This was the action to which*.
alluded yesterday, brought a second time by the plaintiff
(who had been unsuccessful in a previous trial), a commercial
traveller, spinet the defendant, a builder, tor minimal con-
versation with his wife.—Sir F. Thesiger, Mr. Whitely,
QC. Mr. Mellor, and Mr. Hawkins, appeared for the
plaintiff; and Mr. Serjeant Shoe and Mr. Berjeant Wilkins
condracted the case on the part of the defendant.—Sir F.
Thesiger stated the case to the jury, but the facts can be best
understood hr the evidence which we proceed to give in
detail. The first witness called was:
Thomas Slaty, the parish clerk of St. Mary. Islington,
who proved the marriage at that church of M.se Elcombe
with the plaintiff on Dee. 2, 1840.
Margaret Smith, examined by Mr. Whitely. I now live
at 22, Portman-square. I know the plaintiff and the defend-
smt. I entered the plaintiff's service about two years ago,
where I stayed for two months. The plaintiff lived in
Iheembe-terrace, New
North-road, Islington. He is a coin-
Illaillinl traveller, but while I was in his house he remained
ill London. There was another servant li%ing wick me at
the plaintiff's; her name is Margaret Davidson.
The plaintiff generally left home between nine and
tem In the morning, and returned about eight in the evening.
TM defendant came to the plaintiff's generally twice a day,
sad always in the afternoon. The defendant came on one
yession on a Christmas morning when the plaintff was at
Mme. The defendant generally came about half-put 4 and
west away In about two hours. Once when the plaintiff
game home unexpectedly the defendant was there; that was
et
i edeek. On that occasion Mr. Oadsby was let in at the
die deer; Mr. Small was then let out by my fellow-servant
by the tide door also. When Mr. Greatly came in the
dellmsdant was up stairs. When the defendant was in the
Man with Mrs. Gabby I have heard great romping in the
pedene, and two or three times I have heard the defendant
Ides Mn. Gabby, but I never saw it. Mrs. Oadsby gene-
ral, sat in the kitchen, but when the defends-it was there
the at with him in the parlour, an 1 she would nutlet me
geese in. [A dagusrreotype'portrait was shown the wit-
nem] This is a portrait of Mr. Estill; 1 have seen
Mrs. Gash, kiss it, and she carried it in her bosom
Ater the defendant had been with Mrs. Garish,
her dress was disordered, her cap being rumpl4
sad the dress about her bosom disordered. Mr °Ashy was
very kind to his wife. The plaintiff had three children when
I came into his service. On one occasion the plaintiff's
daughter, Eleanor, a little girl, said to the oefendatt,'" Kin
Eleanor like year did mamma." The child was never after-
wards allowed to go into the parlour when the defendant and
Mrs. Oadsby were there.
Cross-examined by Mr. &rjeant Shoe : The plaintiff lived
next door but one to the house of hit father-in-law, Mr. M-
ooed*, who kept the North Pole in the New North-road.
The defendant lived next door to the plaintiff, and was a
married man, and he had a little boy when I came &to the
plaintiff's service. Mrs. Gabby was in the habit of Oleg
every evening to her father's, at the North Pule, shout
eight o'clock. Mrs. Edell
Gabby, but her little boy came in very often to play
with Mrs. Clarlsby's children in tr. afternoon. I
know that Mrs. Gabby bad a miniature of her
husband, which he showed me after he had left his wife, in
order that I might see the difference between it and the
portrait which his wife had of the defendant. I was not
turned out of the service of Mrs. Galley. I gave her
notice to quit on amount of her conduct. She the said I
had better leave before the plaintiff came home. I said to
Mrs. Oadsby that living with her was like living in • house
of ill fame. I left on the day when I said this. When I
left the house my boxes were searched, but nothing was
found in them. Mrs. Oadsby gave me a character, when I
left. On one occasion, at ten o'clock at night, when Mr.
Gadsby was in bed, I saw the defendant going up the kitchen
stain into the parlour. Became in at the side door. When
the defendant went into the parlour state time of the plaintiff's
being in bed,the parlour was dark. It was after thedefendant's
going into the pirlour I heard the romping I have
mentioned. It is true that at first when I heard
the romping I thought Mrs. Oadsby had sent a
man to take the carpet up. Mrs. Gackby always
ordered me to leave the side gate open wh. n she oar out,
even if it was as late as ten o'clock at night. After Mr.
Mail -vg with Mrs. Oadsby, I have very often seen her
drams disordered Tide was attw the at, loon visits of the
defentaft. I remonstrated with her on a unt of her con-
duct with the defendant. I said I would go and tell Mr.
Gabby in the City of the defendant's eosins into the hours
and taking my master's place. Mrs. Oa :shy said she did
net wish her husband to know that the defendant came so
efts.; she did not mind his knowing that the defendant
same into the house once a day. Upon the defendant and
Mrs. Oadsby meeting, when the latter came in at the strait
dear, I heard them always kiss, and the same thing took
glees when the defendant left the house by the side gate.
The reason why I did not tell my muter of what took place
en the night when he was in bed was, because speaking
about each matters is a " thankless office."
lie-examined by Mr. Whitely—No charge of dithoneety
wee made against me when I left the plaintiff's service. The
reason why thought that it wit the defendant who camels
at ten o'clock at night and not a man to take up the carpet
was, beeves. my tellew-ssrvant said, "Oh, nonsense, the
carpet is net going to be taken up." That servant was
Margaret Davidson:
M rrggwarett Davidson examined by Mr. Hawkins—l now
live at . In 1848 I went into the plaintiff's service ;
he then lived at Eleolaboterrice. I went into the service of
the plaintiff as nurserymaid. When I first entered his see-
vies the plaintiff had two children; the eldest was from three
M bur years old. The plaintiff was out all day,
leaving home early in the morning. He treated gLir 2
tray affectionately. The defendant came to Jive next
door to the plaintiff six weeks after I had entered
his service. About a month or six weeks after that,
the defendant came frequently to see Mn. Gabby.
The circumstance which filet attracted my notice was die
warm manner in which Mn. Gabby shook hands with the
defendant on meeting him at her gate. I re member my
midi*, being confined on the 6th of September, 1846. On
the Tuesday after Mn. Gadsby had been confined I heard
the feetateps of a man coming up the stairs about seven in
the evening. That person went into Mn. 0/Ashy's bedroom.
I did not hear the person go down again. The plaintiff was
then on a journey. Two or three days after I was sent by
my niftier to the defendant, who was *tending in the street
on the opposite side of the *ay, to tell him Mn.' Gabby
wished tow him. He came berms the road. I said my
Liftmen wished to see him. At this time mistreat was lying
dressed outside her bed. I showed the defendant agstake
Into Mrs. Gedsby's room. The monthly nurse, a women
meld Harper, and the plaintiff's daughter Caroline were in
the rocs. My mistress told me to put the child Caroline to
bed, which I did. The monthly name, I believe, also left
the roam. On the defendant owning into the
Mrs. Gedeby drew anerneekeir nee the bed,":n
told him to sit down. This occurred about seven o'clock
in the evening. A few days after this taking place, Mn.
Gedsby was carried down stain by a servant of her father's,
but the defendant carried her al! stain. This was about 11
o'clock at night. On the following day to this, I went to
Mr. Batall's tram my mistress. I saw his sister and delivered
a massage to her. Almost instantly after 1 bad delivered
the utessige, the defendant came into the plaintiff's house.
My mistress was then in the bedroom. I saw Mr. Estill
take up Mrs. Oadsby to carry her down into the parlour,
which he did. On that occasion the defendant did not stop.
When Mrs. Oadsby got about again, she used to sit by the
parlour window which looked into the road ; the blinds were
open. I have seen the defendant pus the window and my
mistress would tap to him to come in. She sometimes let
him la, and sometimes I did myself. This happened about
half a dozen times. When the defendant was in tee parlous
the blinds were drawn up, and the shutt‘rs shut. When this
accarred,Mrs.Gadsby always lit him out herself. I Lave seen
hes weer this miniature in her bosom [a miniature of the de-
fendant was shown the whims). It is an ei,ct likeness of
the defendant, sad I have seen Mrs. Oadeby kits it. About
the latter end of October, 1846, she went to Cuckffeld.
About a week before that I remember seeing the defendant
at the plaintiff's house. Kr. Gabby was then en • journey.
The defendant tame about seven in the evening, and was
shown kite the parlour. My mistress went to sit with him
there. About an hoar after he had been in the house I took
a light into the parlour. Mr. Estill mantined on that occa-
sion till one or half-last. I remember Mr. Eloombe, Mrs.
gr-.--•--..........„.
Gedsby's father, calling three times 011 that night ; the
tints was about 13 &dock. He gmendly cams dote • '• V
~i•
Weld to see that the gate eras fastened. On has *it f, ,_
. es.
ascend time, about a quarter of an hour titer hie ilk 'A.I, in
ay mistress saw' him, and she said the children:* . -"' s: I: \
... _ ~,„ • .
.......,04
'..•c... :,_ i 0
L— -----

aid MO the seeM net go le bed. The thildrete were sot ill.
Alher Mat It,. Meath, left and MY a third time, and then
Malaya is the podear were pot oat My address saw her
Saber again, sad she that raid she was learar
ilesetk. ea/ be then went away. Tho
tat adMrs. Gaiety after this temsimi for half
em bow is the pasteswithout Wis. say light at all
Heim the defendant left that sight she toll me to ge son
M ff her father was aboet I west eat, sad I said to her
that I agh% I saw him mend* st kis own door. Mae
edd pthei said the delesdant hed better get out over the
wall, white I w him desl was is tbe Mahon ea
1:118......6.ht. mw
mad I heard • greet nobs ever my hod bite
herdy mistress after weals easth down kis the
bre WO/ •1117 fleshed, sad bar drew ikerabad.
Meat • week dew this I went with my sadism es Omit.
MIL Mr. Saudi drover is his sort te the Loweleinshilfir
railway stades. Os that emeales the isbnieoftesbei Mars
Gelaby if there was any moth laertmedi sey mime= esti
"No, dthr." My mi.tress left t. semobei
sway i.e • week sad Ikea returned. We staged se • piths
milled the lode Pam whoa st Caidleli. I mod to go Ile the
putholier, belewes far Mee. Gedeby. I Woken, haw to
hr written es • balkier of gaper Me this. (A Mohr we.
bete shorn the wither.] 0o- the day after I bad gives my
magma dee War she Igeleagegoi me three hems is wide(
amen r while I poseerl=lly Lord Damao : I tea
red and wept.—ffseadesilaw eestkesed by_Kr. Sarkis" :
She lather was directed to semowhere la Wesembater. I
hove often heard the debembet seri Mrs. Gad*, kiss. We
sealed three yeas at Cusidle/d,
_sad dna atomised to Els
eambeterreer, and altar that Mr. Retail ailed twice sad
eanstimee three times a day. Oa one theaskis he was
gems into the parlour, where my Wanes woe. He is.
maned there until 6 o'clock, when Mr. Osdaby mash
peetedly ease hose. I then showed the defrocked out st
the side door. On various osessioso what I have goes into
the room eters the defendant and Mrs. Gabby were I have
sees him with his arm upon the bark of bar chair. When
I have gory into the nom the dateadaat hes mid, " Oh, it is
dalgl ult."
:teased by Mr. &amid Wilkie.: The doors of
the plaintiff', and defesdaat's house, were • short distance
wan. I wed to take the plaintiff's children to walk in the
✓ake bel,opiap to the North P •le. I revsembr at the
time Ws my Mirriall woe confined, one tight a lire. Ro-
bison sat up with her, berms'
tar,Har the sures. was
sagry. I teasot say whether it was h night or not
*ill lewd • man's foot step going upstairs. I don't know
that Mr. gad Mrs. halal are livtnq together now. W'tta
I left Mr. ethdeby's I watt to • Mr. Holdings, when Mars
gent Smith eke went. It was in the month of October,
shout 7 t 8 in the evening, that the shutters of the par-
lour w, re than used it k
s 1,100
By I. rd Denman : I Mk
never new the shutters of the par-
lour to be .bat before dusk.
Crow ex ,mination resumed : The miniatures of the pleia.
tiff and deendant were shown me nt the attorney's odes.
Mr. Elesmbe was in the habit ot toeing to see the children,
bat he 44 not come in to see then cm the mad= that he
was told they wets El. The gardsn wall, over which the
imams g.t, was sot 7 feet high. The defendant got
lava the top of the wail and then tamped over ; he would
then be in the garden of another penes ; and bon that
garden he would have to get over an iron fade; after which
be would vet into aft Id, and have to walk round the houses
for able• five sainutas before he got to kis own door. I
left My. Cledsly's because I did not "like to see such
thing'," although I helped the defendant to get over the
wall, and took a letter from his to her when we were at
CodiB.ll. I never applied to Mrs. °dishy for • character.
but I west to Mr. Holdings' without • character, after haw-
lag bra at home whitely mother fur between two and tins
nostir
lthaibeth Harp r examined by Mr. Whately : I now live
at Walthasestowe, and I am • widow. I attended Mrs.
Gadsby in her confinement. I went to attend her on the llth
of Await. 1846. The defendant came into the bedroom of
Mn. Oadsby on the Tuesday after her °estimated, width
bad taken Math on the Saturday. 11. ISM about • quarter
to seven in the evening. Hs stayed fee two hove and a
half, and I mixed him some braadvaset. water. Some time
afterwards, whew I was standing et the bedroom wisiow
with the baby is my area Mr.. Gledeby gave him • nod, and
the dehndsut came in. He them had • glass of port wino.—
Cron examined by dr. Serjeant Shea: Oa the era occasion
of the defendant's coming in to see Mn. Gabby Mrs.
Eleonshe let him in, but she did not stay is the bedroom
after she bail showo him into it. I have seen Mr. sad Mn
Robins= at Mrs. Gadsbe's, but I do not remember Mrs.
Robinson coming befoMrs. Gaddy wee confined.
liew with the *nevi not the medical gentleman, the de
fendint was the first man who sew Mes. Gabby after her
mafieement I asset say whether Mr. Robinson was in
Mn. Oadsoy's bedroom within a week after she was waned
bat, I believe, I saw his in her bedroom once. Mr. .4 dare
sou might have had brandy.and-water in Mre. °Mohr*
room, bat the gentlem in whom I aimed the brandvend.
water for was no other person than Mr. Retail.
Mary Ann Cranford, examined by Mr. Menge I know
the plaintiff and the defendant. In 1846 Mrs. Osdeby came
to my home in • gig, accompanied by • gthtlessars She
wanted me ter take charge of her children, bat I indicted.
When she was going away she introduced the gentleman to
me by the name of " William." but I knew hi. same was
Retell. I knew that the plaintiff's Christian name was
William, became I had lived as a servant with the plain-
tiff's brother, Mr. &tweed Oadsby, for eight months.—
Croshexuaised by Mr. lierjeant Wilkins: Mr. Edward
Oadsby and the plaintiff married two deem and I had an
opportunity of often *Wag lit. William Glibly and also
the detendant.
Mr. Edward Osrishy examined by Mr. Hawkins.—l he •
brother of the plaintiff : he wea married in 1840. I frequently
afield nay brother's house, sad he seamed to live very hay
pily with as wife Be livid for some time at likontherer-
nee, and he i. • otensercial traveller far a large house in
the Cisy. I made a communkatios to my brother in cones-
queues of • report I bad braid, and • day or tire afterwards
he brogan miniature.me this miniatin he thitadaat's likeness
had been handed to the witless )--Croshezueined by Mr
Servant Sate I married a sister of Mrs. Gadeby's. I liv. d
for three ran after my marriage in the asighbourhood
the North Pule. The defendentis a builder. I have sever
seen Mrs. Ertall at North Pole, whore I have met the
debniaat and &both* plaintiff and his wife. I have seen •
boNzurreented to be little Retell.
Allen, examined by Mr. Whately.—l any on
the beetnem of a stooestastes I live at Wilton.terrae., New
Noah-reel. I know the defendant's handwriting, and I
have frequntly teen his mite. (A letter was here down
to the erode] This letter is in his handwriting. (the
letter, which purported to be from the defendant to aim
Oakley, was then put is and read. It addremed tier a
et Deer Madam," sad wee written to her during her stay at
Cultildd. After making kind inquiries aster her health,
the writer vent than the New Oath-road had become very
dull since Mrs. Oedeby had left it, but the epistle, thong
rather a tanda ono, did not contain snything_impertant]
George James Preedy, examined by Mr. Mellor.—l em a
novas, and I live In St. John's-street, Clerkenwell I
have eroded the plaindra wife sad family. I attended
Mr.. 0 .dshy is her confinement with her two first children.
I always considered the pleintiff a wet kind husband an
exallsest father, end a most opriabt man. Crow-examined
by Mr. baked Within.: I hey* not attended Mrs. Gabby
for the last two or three years, but I have attended the plain.
tiff up to the peewit tense.
11r. Edward Gabby was then recalled, and asked by Mr.
Serjeatit Shoe when the plaintiff and his wife separated, and
he stated that it was the Met Monday aft. r he communkated
to the plaintiff the report which he heard shout his wi'e, and
after has brother bad droner the athlete's of the de-
inedaut, and thst was is the month of Marsh, 164/.
The pleintiff's case being concluded, Mr. Serkant Sher
eildrored the jury for the defendant. If, he said, he could
gall Mrs. Gaddy lasfore them, she would declare before O d
that she was sow as faithful to the pleintilif as when she first
auurried Ana. The plaintiff was attested by jealousy. He
was semi MI to get rid of his wife, and all the promedines
against her were the result of deepskid othspirsey. Is sup
port ether., and several other statement, the learned tan-
dems. called the following wither*:
Mr. Riche/el Rkonsbe, who was examined by Mr. Serbent
Wilk as, tad-1 am • hemmed victualler, and I keep the
North Pole is the New Notch-read, Islington. I am the
fait. rot the plaintiff's wife. I haw the defendant. I was
rubpavael es the bet trial, on the part of the plaintiff, but
was ma eallrL I have heard some part of Minima Divid-
sea's evidence I might have gone to the plathtiff's house
between
and 12 ,'d at eight, bagasse I always did so
about the time I shut up my own lasso. Inane heard, en
say oetasion, when I have goes to my iarts'itor's at utak',
that the childrea were ill; if I bad I should lave gone is to
me them. I never went to my daughter's mon than each
of a night. I never watched the house any further
than that it was my own property. No person could have I
seas me friss the plaint4l's door when I was standing at Noy
door Tree &laden% night have left the plaintiff's house
',Mont my seeing him. I know the plelatirs grades wall;
when it we. balk it was six fret high, hat it h sow early tuer
feet h i,th. There is ea ken leaden, dived/as the pro's al
the planditre house from the other hessea, "beet fear feet
high. I nod a dle sailer this wall et • wey ihreciewe dap"
suare, sad if any moon were getting ever the wall he would
have heard them, sad I eltineld have does se too. Mr. Es.
tall's men we,. is the habit of rands( up • score at my
loser I have known the do tandem. ear lees the 17th oh
1815, and I us will on good terms with Ida My
y ewe st to some every thy to my house. She lope sty
Mrs. Batall is still living with at. defendant.l
the year 1846 a daguerreotype raisistare
w sad owe of the &fondant, were pro-
North Pole, and caused much
seen the miniature ef the Wen-
, of the plaintiff's children whets is
, i have else seen the plaintiff's miniature in
hands. They mei to play with them. Oa
-11, I wee wet( to the plaintiff 's, and I re-
and her children to my bean, where
naps. The plaintiff sad the Mwobtat
ea the lienlay before this at ay bean.
d • alas of ale, red asked the plaintiff if he
also. +Welk he did. They meshed sad
war is the .snug. The phistlff sod de.
together sad hiked. I load the phlatiff
set he hoped he wadi vest Walt
asked Mr. &ha le Alin Yob.a=
Ana. The phintiff Asa brood the dr
sad shook his bard, and aid OW
,y rumours, he tEd not .Ilea he
lefenautt were drinking awl insbiztoor
nr on the follow/lag Manley. aid .*4.
ithere ales.
l by Sir P. Thasiper: At the len trial I
r the thisedeedb pay. I did fa
wes ha I th 4 Mot I dlll as tows
ad hip iniatioises yeah lb* isheles4
as Ns& as 600 i. Ho emssinse ISM
•.'S Kn. Chiliabat rho samyw mil
preemete. The wag
say rest war dam sins is, Se km
awes tweed blis set dam Mies lOW

that it up aad went away. The plaintiff removed the kb.
altars. Ido set know that say property belonging to Um
plaintiff is la my hems, with the iscispdos day daughter's
clothes and jewels.
Re-cleansed by Mr. Obeisant Wilkins.—l never observed
the sligisteeteiVity no the part of the hiiembat
towards my me die hes bean In say home. At
the request ef . Esthmet Whigs, Lord Denman asked
the wiener whither Wee *IOW was aware that the debar
dent was in the bola eer Mn. Hobby eat in his
Mien cart, apse width ha replied that the plalatiff wan
pseud, esguisent dame hit
Mu Clam Heed* Ishinsia ezmalsed by Mr. &dung
Obi.—l ant the wile ef a tallow-chamber. I know the
*knit, and kb
,26ithrwas to the habit dealing en
Mn, Gabby when lib wee oat of town. Oa the
SM et September I god Ma. Oadsby and the bans
hung bad some digkirMl4:stald there all night. Mr.
Robinson MOM IR that t and I hinted him into the
Minas. I don't think he any retaliation. He came
*gas en the felbwing Theaday to inch me home, and he
then bad some redieffilmint. which was fetched from the
North Pole.
George Clarkin, ennambed by Mr. Berjeant Wilklas.—l
at a same. living la the New North-road. I have keel,*
the defestimat sines ISA and I have had many treneactioas
with him, and I knew his handwriting well.. I bell. ve this
Mtge net to be in his handwriting. Edward Ciadeby mom
with the plaintiff, who stood outside. to my home. I then
told Edward Gabby that this letter was not in the defend-
sat's handwriting. Cramenunised by Sir F. Tbeeiger : I
mu get into
taken up be came bricks whis sonevalltrouble through
~the defendant. I
wask I bought of him.
I has been in prison debt. Rewsemlned by Mr. Su
bmit Wilkins: I eentpared this writing with other writings
of the Miendaat. I wan taken before the magistrates, but
dimakarged directly.
Joseph Fiereadine, examined by Mr. &demi Bhre..-1
am a lantern sad was formerly in the defendant's em-
ty. Id havit'ssew
Ilaltalw;liter.. I believe this latter
Edward Odsby sad :. not in
pWn-
tiff r whoa they showed it me. They mid I knew is wan
his writing, and I might as well say so. Crosbutamined by
Sir F. Thesiger: Mr. Entail wrote the sedan for what was
to some to and go oat of the ground. (Upon this witness
Mktg recanted to read the letter he attempted to do no, bet
after mediae two word. he was obliged to admit that it was
a task Imola his abilities.) I eau reed the defendant's
bandwritil4l. bat this is not kis writing. The "If " in
Edward, however, is something like his.
Joseph Dram examined by Mr. finjeaat Wilkins : lam
a hums decorator. I was a witness for the plaintiff at the
last trial. This letter how produced is not in the defendant'.
haedwriting.—Cross emendated by Sir F. Theeitter : I nude
an affidavit ahem the hand getting. I never told a person
named Charles Willis that "I knew the letter was an the
def. adant's handwriting, but that I would see them d—d
b. fore I would say so."
J. O. Nekton examined by Serjeant Shoe: I ma a builder,
and wan formerly • partaer of the defendant's. Tide letter
is not in his haadwriting. I was subpstased by the plaintill
on the hat trial.—Crcereasmined by Sir F. Thasher: The
letter is a very good imitation of the defendant's hand.
writing.
This eland the evidence. A great deal of discussion
then ensued, Sir F. Thesiger wishing to pat in the affidavits
upon which the new trial was granted to show that the de.
tendant bad made no slidavit denying that the letter
was is hie Isand• Thing, and Mr. &wheat She. ob.
jtetinw.—Lord Denman decided that the rule itself might
be put in but not the afildavita.—Tbe role was then pin in
and rid, but among the YAM of the persons upon when
affidavits the rule wasgranted, that of the ddeadant did not
top r.
Thisiger then wished to be allowed to call other
witnesses as to the handwriting, but his lordship ruled that
such evidence was not admissible.
Charles Willis was then aided and examined by Sir F.
Thanes:. and he stated that he lam the witness Dr after
Um last trial, and that he said that he knew the letter was in
the defendant's handwriting, bat he was not going to
WOW so.
Mr. &dung Shot than addressed **jury upon the freak
evidence given by the plaintiff, by having put in the rule
ter the new trial.
It being now 6 o'clock, the covert adjourned.

Sir F. Thee*n having replied,
Lord Denman proceeded to sum up, and said that the
plaintiff sought to recover compensation in damages from
the defendant for the greatest injury that one mart could in- '
flirt on another, Thecae, set up on the part of the defendant
wee, that the plaintiff was endeavouring to ruin the cha- I
reefer of the woman whom he war bound to protect by pro-
curing false witnesses, and by forgino a letter. If
the plsintiff were guilty of the conduct whi h was '
imputed to him by the defendant, Its would be
unworthy of any respect and not entitled to • verdict at the
hands of the jury. The evidence left the wart and the jury
quite in the dark upon one point, and that was, in what
manner the pleintiff had treated his wife, bat there was no
evidence that his conduct towards her had bees unkind.
The mum of the imputed adultery was certainly singular,
W adulterer living neat door to the plain: if, whom wife was
residing under the very eye of her own father. Besides that
rather uncommon fact ate :adultery was alleged to have
' taken place before and Weer Mrs. Oadeby's confinement, •
time when he (Lord Duman) thawed each a gratification
would hardly leave been desired en lwr part. The turned
judge then proceeded to comment the evidence of the
two witnesses Muriret Smith eat r nrpeat Davidson, oh-
toning that they had both itivelltairealdsase Is a vary (Mewed
hecossieg manner, bat if, as tlsa lama counsel for the deka-
:ant, had suggre•ed, they cameintieneurt to state wive was not
the fact, he (Lord Deem in) are say that they AAA shown
great abstinence in their •tatemesb, for they bad not en-
deavoured in any way to further the case against the defend-
ant The letter which bid been produced en the part of the
plaintiff was said to be a forgery. (Lord Demean here
read the letter to the jury, which brier' " Dearest madam,"
and not " Dear Madam. 'as we have incorrectly Mated in a
former part of our report). He mut gay that the Nun was
written in • very fa e, bold hand, which war not madly the
ease wi. h forgeries. With respect to the imam of damages
they might award, surposing they found • verdict for the
plaintiff, they would beer in mind that 'Mealy had the de-
fendant injured the plaintiff in an irreparable mariner, bet
bad amused him of the must atrocious cooduct is attempting
by false witnesses and by forgery to &dray the character of
his own wife.
The jury then retired, at half-past 11, to consider their
verdict; but, after an abstain of 60 minutes, they sent in a
messege, desiring to have • plan of the plain.iff's, the de-
fendent'm and Mr. Eloom"ges house, upon which his lord-
ship regu, mud them to come into court In order that he
might lead over the whole of the evidence. The jury ac-
cordingly came, and after bearing the evidence main retired
at a quarter pest I o'clock, and returned into court at 4
o'clock with a verdict for the defendant.
LF.Allf AK O. SIIIIIOI4IDX.-.llllll4.—Tbis was an action to
recover compensation in damages for two libels, published in
Simonds' Colonial Magazine," of December, 1844, and
Much, 1145. Tho case was undefended; but the deleodent
had put several pleas of justification upon the record. It ap-
peared that the articles complained of were written on the
revolt of the Regents of itoest in the island of Dominica, who
imagined that • census, which the Fo*entor had directed to
be taken, was preliminary to restos mg them to slavery. The
plaintiff, a member of the assembly, en attorney and an
.state-agent in the island, interested himself in quieting the
infuriated nevus, with whom he had some influence. It
was, however, alleged that be had committed acts of violence
towards them; a hill for felony was preft nal against him
in consequence, but was ignored by the grand jury. Not-
withstanding this, the defendant renewed, in his magazine,
the charge against him, and accused him of brutal and vio-
lent , onduet The purchase and publication of the muesliss
having been proved, the jury (a special one) found a verdict
for the plaintiff for the amount at which the damages were
laid, namely, 6001.

COURT OF EXCHRQURR.—YtrruwAT.
Pisa Paivs.—bilon Mr V.14/1101, GB. mad • 114ddlosia Spoils!

Jeri.
DIAZDAN IP. 1.113 LONDON AND NORTH WISTENN
RAILWAY CONPANY.—COMTANSAT(ON YON INJUNIZA 805-
TAMED IT • PAIIDEKOZIA—Mr. Baines, (IC , end Mr.
Bethink condoned the plouotife ease. Mr. Martin, Q C.,
and Mr. Bovin were coned fur the defendants. The plain-
tiff (a beaudiel boy, about seem years of age, who appeared
in court upon crotches) seed by his hither, Mr. P. Dear -
den, solicitor, to recover compensation from the defendants
for injuries sustained by reason of their negligence upon the
3rd of August., 1847. while traveling from Birmingham to
London by their railway. It appeared that upon the day is
quarries Mr. Bearden, with hie eve children end two female
servants, travelled from Birkenhead, when he then resided, to
London. They travelled in a second elan carriage, which, with
the excepthaula strings lady theykadentiraly to themselves.
The train, which conned of 19 or 20 carriages, arrived at
the Bann Station at is °Wirth. The carriage was divided
lase hoar ecenpartmente, cooessamicating with each other.
The two senente and four of the children occupied the last
anpartnent, Mr. Beard** and one of the children sat in
rim neat, and the strange lady is another. Nothing remark-
able occurred mail the arrival of the train at Euston-eqoare.
While ire. in notion, the plaintiff, whose name was
George, was Manisa againit the door of the carriage nett the
platform apes which the agers were landed His nibs
was rested upon both his which were placed upon the
door sad while in that re door suddenly new
open ; the boy, who wee at the time little more than
live yean ofd tell Out led apes the platform,
and afterwards between it and the carriage which
posed over him. He was with ilillosulty extricated,
and at once taken to the University Caller Hospital, whin
it was an-realized that his right kg was es. telyshattered,
and the great toe of the left fen se that it was ne-
cessary to anneare both. Tree Iq ems lainned about the
middle of the thigh, the great tee eseepiet* takea off, end
the poor child, after suffering the meth euraciatbig torture,
was detained in the hospital fur enend weeks. The prin•
(Opal inestion, said the leaned genneeloraa whether the
door bad been op. ned by then/Ilya= et the defendants'
servants. It was supposed it bed lam, eitheetate no positive
evidence could be akin en the sagest. Porte rs were very
mach in the habit of wealee 'away arothase Immediately
upon their mini as the slr'eeir, sad bane they had per-
med, mopped. Bat the ally Wades of the muse if the
weloneholY accident now semplieneal of win, that the deer
led been conned by ewe ef the sew years NOWIWW,
sad it the jury thought se, Orr haring hard the evidemee,
the defendants' liability Goya ma be Ithealewed, they Wag
by law made responsible kw the _sir of their rorroors.
Whether the door had originally bees Improperly thawed
sr net main not distinctly ; bat whether it had wr
not, or whether it wee by the melamine er malt.
path of a peetAT, was quite lannenriM, er the ekerkirrk
inald, la an_y of thew events, be leeli resperdie thr
assiduat. They had tostreeted to wry their_ pearethroth
wady mad securely. They had rtheithel eery abed Or
imoil kr preform* their past tithe thatrath sal they were
blued Was, by Ibinsetna
,sai *dr arm% sway yob.

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et the uhiroiff ant
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The def,e4s,t had • I
would hays one ala
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Soudan• sat close togs
Ny
to the defendant I
win of it, end be aid
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Siudant'i pardon, and
he had head inso7 n
plaintiff end the dein
an Is lay narks' a
ward undo, woo the
Creefera,aintrl
did not ole MOSE the
when the wean woo
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to 117 Mew and he
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end bee set pill ea,
days.. op. lOM