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

GREAT WESTERN RAILWAY.

The adjourned Wharndiffe meeting of this com-
pany was held on Saturday at the Paddingtaa siatine, the
Earl of 8811.BURN1 in the chair. Mr. ffsemless, the secre-
tary, read the heath of • bill for making a railway from the
Hooton station of the Birkenhead Railway to the Chester
Arms at Paagate, and a formal resolution approving the
bill was earned unanimously. The Seizetzty red the
heads of a bill to enable the Bristol and South Wales
Union Railway Company to construct a branch
railway to communicate with a pier and other
works at the mouth of the river Avon, and to autho•
rise certain arrangements with the mayor, aldermen, and
burgesses of Bristol with refeeenci thereto. It also entho-
rised working arrangements with the Great Western Com-
pany. A formal resolution approving the bill was carried
unanimously. rhe Chairman said that No. 2on the lid
was not ready, and No. 5 would not be required. No. 3
was a bill to authorise the coostruotioa of a railway is
Shropshire and is Cheshire, to be tinned the Wellington and
Cheshire Junction Rail y. The Secretary stated that the
MOW of the railway had boon altered to the Wellington and
Drayton Railway. The Great Western and West Midland
Companies had power to subscribe 30,0001. each towards the
construction of the railway. The spew company had power
to use certain portions of the Shrewsbury and Birmingham
and Shropshire Union Railways, and also to ester into con-
tracts for the maintenance and working of the railway. A
formal resolution approving the bill was carried unanimously.
The next was a bill for making a railway from Market
Drayton, in the county of Salop, to Newcastle, in the
county of Stafford. This was intended to carry out the
objects of Bill No. 3, and to complete the communication to
the places above-mentionsd. It authorised working arrange-
ments with the Great Western Company, subject to the
approval of the Board of Trade. A formal resolution ap-
proving the bill was carried unanimously, and the meeting
we. adjourned to the 25th lost. A special general meeting
was then held, and the directors were authorised to com-
plete the agreement for the purchase of the Herefordahire
and Glouosstershire Cam', and io respect thereof to pay as
annuity of 5,0001. a year, commencing from the let et
January last. A working arrangement between the Great
Welters and the Calne Railway Companies, dated the 28th
of May, 1862, was also 'sectioned, and the proceedings ter-
minated.

MANCHEMB, fiIIEIFFIALD, AND IJNCOLN

'SHIRR RAILWAY.

The adjourned meeting of tbia company under
the Wharncliffe clauses was held yesterday at the Palatine
Hotel, Manchester. Mr. Binern, deputy chairman, pre-
sided.

The CHAIRMAN said it would be recollected that at the
last meeting four bills were left over for consideration at the
present meeting, but owing to the advanced period, and Us
improbability of getting it through the session this year the
director had determined upon abandoning the South York-
shire for the present, and of course the two other bills con-
nected with it would also be withdrawn. The only other
bill to submit to the meeting was the Wed hiding, Hall,
and Grimhy Railway, and in moving the approval of this
bill be was glad to inform them that they had obtained an
important concertos, which ha thought would meet the
wishes of all classes of shareholders as expressed at the pre-
vious meeting.
In answer to Yr. Roberts and others who objected to
any arrangement that would injure the present holden of
preference stock, Mr. Farron (director) explained that
what the chairmaa referred to was a concession by which
this was avoided, and DO other rights to be created by this
bill would take precedence of present preference holders.
By this arrangement their liability would be a fixed amount,
and would be reduced to a mioinaim.

lb. Boum said he should still oppose the motion, but
he did it merely to reserve his right to go before the oom•
mits., tby petition or otherwise, should he still see tit to
do so.

The motion was therefore agreed to with one dissentient.
The enemata, said aa Mr. Withers had stated at the
last meeting an approach to reocieciliation with the °teat
Northam board, he might now mention that that board had
now agreed to take equal rights and capital with them in
the Stockport and Woodier, the Stockport, Timperley, and
Altriacham, the Cheshire Midland, and the West Cheshire
lines. (Applause.)
The meeting closed with a vote of thanks to the chairman.

NAVAL AND MILITARY.

kmaiwair. JUNg 16.-J

.—Lien-

temat A. E. Dupuis, to the Rapid.
Madan (promoted) J. B. Halms, R. W. Colburse, &
Viaary, sod T. Warr ; B. W. Colborne to the Centaur.
Assistaat-ldasters W. J. Bellmore, to the Royal
Adelaide as superimmerary ; B. V. Benrigh, to the

Dasher.

Anclaant-Payrocater C. It Rodham, to the Semparell.
Acting Seooed•cleae Accident Engineen H. Unchaste?,
to the Llimatlem, for the Leveret, vice Smith ; T. Smith
(B.), to the Euryelae, es supernumecary, vice Leachader.

WOOLWICH, .111Ns 18.

Rivirw or Moors BY ms Vicasoi—or Earn:—
This morning at ten o'clock the troops in garrieon, conga,
ing of the Royal Home Artillery, field hattenea, and the
Woolwich division of Royal Manure Light Infantry, assem-
bled on the common, with bands and colours, for inspection
by the Viceroy of Egypt and other visitors. Various evolu-
tions having been carried out with the field batteries of
Armstroug guns, at the request of his highness one of
these weapons was taken to pieces, and the details of its
peculiar construction anduse fully pointed out by officers
present. The review terminated about twelve o'clock.

Two hundred of the inmates of the Blind Asylum
of Loodon have been peessated by Mr. G. W. Marble with
tickets of free admissioa to the greed pedermees of Ekes\
at Faster-hall tomorrow by Aim Natised Moral Society.
The band and chorus will reader 700 perfumers ;
principal singers being Min H Wllkasoy Ma me Tenn
13exter, Mfr. Swift, sad Mr. Weiss. Ms. Meek is shy
organicity the third of the aeries of free massain te tie
soldiers, wader the sitcom go of the Diked amsheigge
and the Orwell d Military Echiosiks.
[Advieleeneet.] Itomayails Puna --
ameoes lagetcy.—aerrosiedeil as we are by sialleg camas of
New it betemes tor duty to seek seem meat of 'WHIM law
=B4 nor of *on the body, rends:Ye *on Minim. Protases
W dimmoverod omodtdommompohio of effecting this au.
important mod Imo gail
on.lessig pissed within the reach of
the em asesikata of the blood,
whle , whom onto= a' dielawid. te
fomoolm What.
enstions, sad odor fatllgl s to mos Soh
the system etonsign their midi= IWSAdy--
malarions districts and woloollbytowoo.thmat eltorenenut
proving themselves the bowl yrotoollato be., lays
within the last few genii loft mad

tab) Inteßisme.

EQUITY 00IIRT13.—Juits 10.
Won the Nadir of the Rollo.)

THE LOILICELTURAL CATTLE EIBURAIICE COII2AIrT.--TIE

CABE OF MEL ROWLAND BROTHMIHOOD.
This alas involved a question of gnat importance to idiom
interested in this company, which is now being wound
up. he oompany was ineorporated in 1845, and
in that year 200 shares in it were allotted to
Mr. Brotherhood, who had paid 2001. upon them. la
1848 he also paid two calls upon the some shares.
The company having been uniuccessful, many of its
shareholders were desirous to retire from it, and under the
advice of counsel ■ special general meeting was held in
Nnesnber 1848, when it was proposed that a call should
be made, and that those shareholders who wished to retire
should be allowed to do so upon payment of a portion only
of such call. At first it was proposed that their
retirement should be by reason of a forfeiture
of their shares for non-payment of ell the call ;
' but they were subsequently allowed to transfer their
shares to persons of humble circumstances in order to avoid
all question upon a particular clause in the deed. Mr.
Brotherhood paid his portion of the call, and transferred his
shares to a Mr. Herman, in whose bands they were after-
! wards declared forfeited. This ofd cial manager sow ma-
' tested the validity of this Manatee, which it was contended
was valid notwithstanding that the whole arrangement was
ultra vireo.

The argument war commenced on Saturday and concluded
to-day ; at ito
close his Honour gave judgment. He said,
upon the question of the time which had elapsed since the
date of the transaction, vis.—upwards of Iltva
ale ears—he
was of opinion that the transfer must be IN valid,
and that Mr. Brotherhood was therefore wed from all
liability. Apart from that question of time, the whole
transaction would have been voidable. Costa of all parties
out of the estate.

The Solicitor-General, Mr. Daniel, Mr. Selwyn, Mr. Ins-
burgh, Mr. J. Pearson, Mr. Bash, and Mr. Rapt, appeared
in the nes.

COURT OF COMMON PLEAS.—Jvas 16.

&ttinp In Bsnoo.—(Before Lard Chief Inetke Erie, nnd
Justices Williams, WlDee, and Brim.)

IqIIIFIDT L UOUN MID WIFZ-7111 SIMITIN CARL

This was partly heard ;a ilni;dsy ia;t: The The pla in -
tiff, a barrister, had acted as professional adviser of Mrs.
Swinfen in reference to the suit in which her title to the
Swinfen estate wee established, and in other matte's, and
he now claimed to recover 20,0001. upon an "account
stated" between them, the account being based upon the
services which the plaintiff had rendered. At the trial he
recovered a verdict for the 20,0001., but the question now
was whether • rule should be made absolute to enter •
verdict for the defendants, or for a new trial.
Mr. Kennedy appeared in person to show cause, and Mr.
Macsuby and Mr. Yield to support the rule.
Mr. Kennedy, in continuing his argument. said that it
was necessary to the understanding of the case that he
should enter into the previous history of it. It had been
alleged that he in the first place introduced himself into the
case, and that the defendant having been anxious at one
time to accept the compromise which was offered to her, he
stroegly urged her to resist it, and expressed great anxiety
to undertake the case gratuitously, and in fact—to use an
expression of the adverse counsel—that he had "insinuated"
himself into the case. Then, again, all promise of remu-
neration which he had deposed toad been distinctly denied.
It was admitted that be rendered service, such as it was,
but that having received 1621., the coats allowed them Boni
the other side, there was nothing Dow due to him. It
had been alleged that he induced the defendant to come
up to London in order to obtain • deed from her, and that
having got her there, he requested tier to give him • grant
of the reversion of the estate, for the purpose of his borrow-
ing 2,0001. ,• and that when she objected to this, because
she might die in debt, and leave nothing to her relations, he
proposed that two sums of 10,0001. should be excepted from
the grant—one amount for her debts, and the other for her
relations. She said that, overcome by his importunities,
she executed the deed ; in fact, that he obtained it upon
this fraudulent pretence, and that a long time after, and
when she was going to be married, she demanded it back,
he refused to give it up. It had been alleged likewise that
be made a fruduleot attempt to obtain • will from her at
the same time. Of course thee, were very serious charges,
and if they were true, then instead of standing there he
ought to have stood in • court with • different jurisdiction.
But, however, no ouch proceedings were taken against him ;
and he distinctly refused to give up the deed, maintaining
that it had been honestly given as • reward
for services rendered. He was himself the person who
sought redress ; and he said this because one would be led to
judge from the numerous attacks which had been made epee
him in the newspapers and elsewhere that he was • sort of
criminal against whom proceedings had been taken, instead
of being a plaintiff seeking his own rights in • evert of
law, instead of being himself the party aggrieved and in-
jured. lie should be able, without the least difficulty, to
show to the court that there was not the slightest foun-
dation for any one of these charges ; whilst, on the other
hand, he was prepared to prove that the defendant who
made them had herself committed at least 21.1 pieces of per-
jury, for each of which she might be convicted. This was
perjury not proved byy bit evidence, but proved by her own
letters, and by con evidence. He thought that
when they considered the whole of the circumstances under
which the false charges had been made against him, their
lordships would think that he should be failing in his duty
to the public if—
The Lord Chief Justice wished to be allowed to draw the
attention of the learned counsel to this ; that the present
rule involved the discussion of • legal point, and the atten-
tion of the court was entirely removed from any queetion of
fact. They took it to be found by the jury that the evi-
dence Mr. Kennedy gave was true ; but notwithatandieg ita
truth the question of law was raised, whether • count upon
an account stated could be held to give him a right to sup-
port the verdict. ABM a new trial upon the ground that the
verdict was against the evidence, that was entirely ancillary
to the question of law, and turned upon this, whether the
jury could tied the substratum for an account stated. The
question, therefore, as to the credit due to the statements
of the opposite party would be irrelevant to the question to
which their minds were directed. _ _ .

Mr. Kennedy said that the counsel for the defendant
brought before the attention of this court divers pieces of
evidence tending to prejudice his character very gratuit-
ously in the opinion of the court. First he referred to a
letter written by hint (Mr. Kennedy) about Lord Chelms-
ford and Sir C. Cromwell, and he distinctly said that that
letter was read to show his character as a withies as con-
trasted with that of the defendant.

The Lord Chief Justice that he had his mind
concentrated upon the question that be bad to answer by
his judgment. lie was very well aware of the extreme im-
portance of observations u to character, but for the prac-
tical mutt of the argument the learned counsel would
bear in mind what be had just said as to the point epos
which their minds were concentrated.
. . . .

Mr. Kennedy ..s ;;;;;. to explain the letter which he
had written. He regretted altogether having written that
letter, but at the same time it was capable of ex-
planation, and certainly it did not lie in the mouth of thede-
fondant to impeach him upon aooount of having written that
letter, and of the proceedings which he took against those
eminent persons at her instigation. He would now premed
to unfold the original contract entered into and which
was the foundation of these proceedings. Costing aside
the statements of the defendant upon that point which
were disbelieved, he would state what, according to his own
evidence and the letters of the lady Woolf, was the true
story. In the beginning of April, 11116, he was staying at
his cousin's house at Shenstone, three miles from Lichfield ;
sad on coming out of church on Sunday morning he met
Mrs. Lachman, • friend of the defendant, and abs requested
him to go and see the defendant, who was in • sad way in
consequence of what had taken place at Stafford. Not •
single word had been said by him to her previously ; sad
his daughter had been at Mrs. Svrinfeu's house twice
before, therefore be would have had no difficulty in
pushing himself into the awe if he bad desired
to do so. His reply was that be would go to
Mrs. Swinfen's if invited, and having been in.
vited he went, and was saked by Mrs. Swinfen as to the
power of counsel to compromise • 111111. He said that he
thought that counsel had not such power, but he dissuaded
her from proceeding. She requested him to see her attor-
ney, Mr. Simpson, with whom he happened to be intimately
acquainted. In two or three days he called upon Mr. Simp-
son, who showed him some opinions that the eompromme
wee binding, but he asked him to look into the law upon
the subject for him as a friend. He did not spin go near
the lady, hut a fortnight after he sent Mr. Simpson • long
opinion upon the question whether counsel bad power to
compromise. He never saw the lady spin until the 9th
August, nor did he communicate with her upon the subject
at all until after the argument in this court upon the first
ride for an attachment upon 11th June. The lady then wrote
to him, and he simply wrote toiler inanswer, saying that he
was sorry for what had taken place, and that he supposed
she would &egoism°, in it, and being about to have
some private theatricals in about • fortnight, he said that
he should be glad to see her, and that some ladies were
coming from her own neighbourhood. He thereupon re-
ceived from her this letter on the 20th June, " You see by
the decision of Justice Cresawell and the other two judges
that the infamous compromise at Stafford is made binding.
If I Now find they can only take my person and not
touch my property, to prison I will go rather than submit
to the tyranny of unprincipled men. I am quite resolved
on this point, and I hope in this cuss that good may come
out of evil. The case will become too public then to he
hushed up. My spirits raised by the injustice done me,
mad I feel I en endure any privation is order to expose
then ones, whose duty it was to uphold justice, instead
el etredlng the course of it. Mine is • Lard battle, to
fight shoe with such men for my opponents., but my heart
lees Nat fail me. Many thank. for your kind offer, but I
ea shad I seance leave home ^ This showed her feeling,
lag helmets sane* her to submit, and she replied, u
iex-
earpriee that he should advise submission after
giv-Pstlite opinion that camel had no power to compro-
mise. ARsrwas*shevisitedhdtefhls Sewn at Leamington,
on the 9th of August, amides thou unfolded to him • cer-
tain project of M.r. Simpsaa, which fact she did not admit
he her evidence, though it aMMI proved his OM, that it
was sot he who was her to resistance. Mr.
ffira papa hed eenseind • OWN* of • twist has descrip-
tion ; headwind hee to p alined in order to send the pro
acs of this emu* to harrow 1,019 L hue her fried Sir
Merry Dermot, whir-hews* to he gives to Mr. Simpson to
carry cm legal proceedings against the tenants.

He conceived that he should be able to re-
cover the rents, prevent the other ride from
getting an attachment, by which means he void wear out
their opponeets and defeat the compromise and this
scheme she was about acceding to. He (Mr. Kennedy) at
one said that it was absurd and mad, and kid her OM the
Omit of Chancery would stay the pomading/ avian the
tenants, and that she would have to come book, weak'
have to pay costs, and would be disgraced in the eye of the
public. She stayed four days and talked about this project
all the time, bat he advised that she had much better nevi
the compromise than adopt the course suggested. The lady
had a great,deal of common sense, and he succeeded in per-
suading her that his comae was the better one of the two.
Before he left she told him that she should like very much
that he should be her counsel, and that he should see Mr.
Simpson. He promised to de so, but after she bad pro-
mised to take his advice he was surprised to receive from
her a letter • day or two afterwards in which she said,
"After two sleepless nights and also consulting
some friends, I have come to the resolution
to retire from the contest, and to give up
further resistance; the reasons I will confide to you when'
I have the pleasure of seeing you. I have not come to
this resolution without much thought and painful reflec-
tion." "Let my enemies enjoy, if they can, the possession
so harshly and illegally got. God will, I hope, provide far
me such happiness and enjoyment as my conscience can
approve and be grateful for. 1 shall ever have the proud
satisfaction of having done my duty to those who are gone."
The Lord Chief Justice—The whole of this only shows
in detaiil, that you were appointed to act as bar counsel and
' legal adviser.
Mr. Kennedy—Tire were many other little things to
show. In answer to that, he sent his daughter over with
an envelope containing may the word " pease." He re-
ceived • reply thanking him, and saying, "My proud
spirit revolted at the mere thought of being made
an easy victim of treachery and injustice ; but
from an interview I have had with a friend.
lam led to believe that if I go on I shall he ruined. I
then asked myself if the dead could speak how far they
would wish me to go on with the matter, and I fancy hon-
ing them nay, • Step here.' " He wrote her a Inter, re-
baking her forvacillation, and be believed that be told her
there would be no harm le trying one motion in the Court
of Chancery for an injunction • and in reply be had a frog-
mentary letter, in which she said that she never looked for
any other benefit than to expose Sir F. Monger's conduct,
and to canon the many erroneous reports eireakted at
different times in the papers • and this done, she felt that
she could take leave of the piece calmly and without grid,
where she had suffered so much pain as well as expe-
rienced so much pleasure. He called attention to this be-
muse he had been accused of having driven her
into proceeding against Sir F. 'Thesiger • and on
of her charges was that be was *anti:many ask-
ing her to leave her home; whilst, in fact,
she was constantly saying that she desired to leave the
place. In her letter she also expressed some want of
confidence in the " pilot who steered her bark," and when
he asked her to explain this she said that a friend had
told her that Mr. Simpson was a vindictive man, _and that if
she did not act according to his opinion he would( ruin her.
He (Mr. Kennedy) treated this as absurd, and afterwards
be had an interview with Mr. Simpson, who fully agreed
with him in what he suggested. On the 10th of September
she wrote saying that she intended to make an application
to the Court of Chancery, and wishing him to act as her
lading counsel ,• and in a suteconent letter she complained
dMr. Simpeon's delay, and desired to have some superior
in the case. It was in consequenceof what she and
person
clenry Durrant mid that he was induced to make the
absurd charge against Sir C. Cromwell and Lord Chelmsford,
which he now so deeply regretted, benzine it was
founded on falsehood. He bad written to Lord Chelms-
ford expressing his regret. The lady stated that Lord
Chelmsford said to her, at the private interview at Staf-
ford, that he had • communication from high guineas that
the case was going against her, and she had better mire
something from the wreck : and he must say that if Sir
C. Cromwell had said so, and Sir F. Manger had acted on
it, it would have been au illegal act on the part of both.
He said to her, " This is • newton Osage—is there
P'
confirmation of it and she re that Sir IL Durant
end Mr. Cole had heard it. He Sir H. Durrant b
up to town expressly to see whether he would ee=
this statement, and he said it was true ; sad he (Mr. Ken-
nedy) then advised that the matter should be brought tor-
madam • substantive matter, impeaching the validity of the
contract. He could look their lordships in the has and
my that he believed he acted honestly and did his duty as
counsel, when having a statement made to him by his client,
whom at that time he telieved to be a Or-
tuous and highly honourable person, and having her
affidavit confirmed by Sir H. Durrant. The question was
whether, believing then statements, he was to shrink from
supporting them because they were denied by three
0111r000t peones, and that question he had to consider sad-
amity, for their lordships knew that the affidavits of the three
counsel were suddenly put into his hand whilst he was sea-
ducting the case in this court. The question was whetter
he should at once have said, " My client mast have told •
falsehood," or whether he ought at once to have supported
her statement. It must not be supposed that it was • plea-
surable thing for him to bring that matter forward, and he
did not know after all that he had brought it forward in an
indecorous or improper manner. He was quite sure that he
adverted to it with • good deal of reserve, but he submitted
that if his client was to be believed he was hound to do
what he did irrespective of persona. He would now refer to
a letter which Mr. Macaulay had read, and upon which he
made comments reflecting very 'evenly upon his (Mr.
Kennedy's) character.
The Lord Chief Justin said if the statements had been
made they pared by them "as the idle wind," for they,
none of them, bad any memory of them. His mind was
entirely in he peaceful region of an abstract question
of law.
_ _ _ _ . .

Mr. Kennedy would say no more upon that pert of the
case, though proLably the statements bad made more im-
pression upon the reading part of the public than upon their
lordships. He now came to the important part of the ease,
which related to the foundation of the contract. She bad
promised him remuneration; and she was going to do a
great deal for him, and remunerate him amply thereafter,
and this promise had been repeated on various occasions.
A good deal had been said about maintenance and eham-
perty,
of which be was wholly ignorant, and besides the
plea of maintenance was abandoned, and ehamperty was not '
even pleaded. He made any contract to be paid in
the event of though the lady promised to reward
him for what he ' which she, however, denied, stating
that he was to have nothing but the barren reward of grati-
tude. While anxious to char his character upon this mint
he, however, denied that the court had any power to cabar
a verdict upon the plea because no such point was reserved.
The learned counsel entered minutely into the evidence
given at the trial, contending that it proved that there wee
a promise of remuneration, and yet after all that had taken
place it had been said, "Then you did not act disinte-
restedly," and the newspapers had taken up the parrot ay.
It was folly to suppose that he was not be remunerated, for
who acted without it?—not even the judges themselves ;and
indeed he would have been a fit inmate for Bedlam—sad be
had had almost enough to drive him there—if be had ander-
' taken to abandon his business sad oome to Loadoutoooodnot
this particular suit without any remuneration.
The farther hearing was adjourned.