The Express.
London, England, 1853-08-06 00:00:00

THE WEATHER TABLE.

SATURDAY, AtOCST 0, 1833.
The state of the Weather et each et the following places
at Nine o'clock yesterday morning. The stations are
arranged in order of latitude.
PORTSMOUTH—W. ; Gentle Breeze; Partia Cloudy.
ilottenenrros—N. ; Geode Breeze; Partially Cloudy.
FoLizeToss—N.E. ; Gentle Breeze ; Partially Cloudy.
Tommainos—W. ; Omni' Breen ; Partially Cloudy.
BASINOSTORS—N.E. ; Calm ; Cloudless.
Guitenwtcit—Calm ; Partially Cloudy
sTIIOOD—N.W. ; Calm ; Cloudless.
CAMBILIDOZ—CaIm ; Partially Cloudy.
TAILMOUTH—N.E. ; Calm ; Cloudier'.

The returns from the following plaas did not reach this
sem in time for publication yesterday; they, therefore,
indicate the state of the weather on Thursday morning at
aloe o'clock.

; Gentle Breese ; Overcast.
MuLisocia S. W. ; Pestle Breen; Partialiy Cloudy.
POSTS1101:T11-8.13. ; °reale Breen; Partially Cloudy.
AAAAA TOX —N. E. ; Gon Is Breese; &remelt.
Pious unostu—N E.; Gentle Breese; Overcast.
TUNIIIIIDOII—N.E. ; Cairo ; Cloodleta.
BiLatrrortuoti—E. ; 0 •utle Bret la ; U venue.
Guansencu —Calm; P4rti.lly Cloudy.
itraooD—.N.W. ; O utle Bu emu ; tially CI ,udy.
BwINDox—N. ; Liss% Brt..:ze ; yC:uudy.
Cousin Do s--Caha ; Cloud low
Insnovni—E. ; Clank Breen ; Cloudless.

Law intentema.

HOUSE OF LORI/S.-Y=IMT.

Courrtax ►.• e r►irll4o.o.
Tut hit:DoM or Plownioar,

In thi► rive, which has 11.. en reeently a►r ara before their
taAnsiittes of privileges aet t ay. Lord
Itedesdab in the chair. To-day, on the. assembling of the
committee.

The Lord Crianeeher, after *WO- , the feet. „f the case,
said that there were two question. _h,t, whether the grant
was valid, and 2 idly, whether t'ae claimant had made out
his claim to the title. It was gad that the first guts.
on the decision of that it
as
tion .bould be first argue
to consider the second.
might become unneeess
There was no qr.estion that the grant was
made, and that it had not been forfeited by at-
tainder ; but the question was whether it had not been
Act. That was an act of the
destroyed by the Itesussory
parliament of James IV., which abolished all dignities
which had F,er u created to the judice of the then king, and
although tt might have been a question whether the creation
of the ankedons was to the king's prejudice, yet, by an act
subs,.inently puled, which compelled the persons whose
lar.ds were alienated by the Resussory Act, to give up and
cartel the deeds by which they hold their lands, it was
clear that was the construction of the act ?memory, and that
the dukedom was dorroyed by it. All the cootempo-
raneous evidence went to show this ; for the Duke of Mont-
rose always sat in parliament as Earl of Crauford after
that, until he was re-created by James IV. duke for life.
His enjoyed that title only for his life, and his son
esseweeded only to the earldom of Cranford ; and
notwithstanding his using the title of Duke of Montrose in
grants and other things done by him, they were only pri-
vate acts, and he never appeared in any public capacity
but as Earl of Cranford until his recreation bre life, his ac-
ceptance of which was of itself an scquieseence in the opera-
tion of the Itisussory Act. There was, therefore, ins..
eirible cot teesporaneous evidence that the Resuesory Act
had the effect of destroying the dukedom. His lordship
then went on to show that neither the cases of the Duke of
Norfolk nor of the Earl of (Hellcats were parallel cure.
His lordship then moved a resolution declaring that the
charter granting the title of 1411 was extinguished by the
Itetussory Act passed is the time of James IV., and se-
condly that the grant or regrant by James IV. was for
lite only.
Lord St. Leonard's concurred, and stated that he was
authorised by Lord Lyndhurst and Lord Brougham to
express their general concurrence in the decision.
Lord Redesdale thee put the resolutions to the committee,
which were unanimously agreed to.
Ttaese resolutions have the effect of declaring that the
, Earl of Cream' and Baleares has no claim to the alleged
Dukedom of Monuose.

THE EXPRESS, SATURDAY EVENING, AUGUST 6, 1853.

the use of my daughter. The conduct of the plaintiff to
me, even during his courtship, was unk;nd, and my
daughter observed it and cried in consequence. When I
paid the last visit to Mr. Atkinson, at Peterborough, Mr.
Bald ss in was there, and he accompanied me to a shop where
I made some purchases. I have cot seen him since my
daughter has left the rineyard.
Mr. Percival—l am a solicitor, practising at Peter-
borough. I remember the election taking place there in
1862. The placard that has been produced was g I'4
posted about the town, and it was very well understood to
refer to Mr. Atkinson. I called Mr. Atkinson's atte•jtinn
to it, and told him that he ought to take some steps r. apect-
lag it.
By Mr. James—lt was not • Whalleyite plsc-ad. (A
laugh.) It was disowned, however, both by the P stzwilliam
and the Whalleyite party in the city. I showed 'An plaintiff
the placard, and I obtained one on purpose.
Mr. James—That was kind. (A laugh.)
Witness—l said to Mr. Atkinson that if ).e showed Mr.
Tomlin the paper, and the insult it contained to his wife,
he would probably vote for Mr. Atkinson's candidate. My
object in showing the placard was to get a vote. The author
of the placard was not known. It was disowned by every
one.

Mr. Banks Tomlin said—l am a brother of the plaintiff's
wife, and I was formerly a captain in the let Dragoon
Guards. I saw the plaintiff repeatedly at the commence-
ment of their marriage life, and I remember Mr. Atkinson
treated his wife in an unkind and ungentlemanly manner
at that period. While Mrs. Atkins-n was at Itamsg ite I
frequently saw her walking with Mr. Baldwin and the
children. Mr. Atkinson reply accompanied them. Upon
one necission 1 asked him where my sister was, and be re-
plied, " I dare say you will find her with Baldwin and the
children on the sands." Upon one occasion, when the
plaintiff was at my father', house he told me that his pot-
houses or beer-houses were in a had condition, and he
thought he should du as others did, "smash" to make
himself.
By Mr. J: mes—l should have " cut " him long before I
did if it had not been for the sake of my sister. I did not
remonstrate with him upon his leaving his wife so much
with Mr. Baldwin, but I always thought he neglected her
and usi d her ill.
Charlotte Palmer said—l have been for many years in the
service of Mr. Tomlin, and nursed Mrs. Atkinson. I used
to go with Mrs. Tomlin to Mr. Atkinson's house frequently
fur three years after the marriage, and I noticed that Mr.
Atkinson was very unkind, and hat his wife seemed un-
happy. While his wife was heavy in the family way her
husband visited her very seldom, and she was left almost
alone, and there was ne one to keep her company.
Cross-examined—She was in her father's house at Dane-
court at this time.
A number of letters were then put in written by the de-
fendant. They extended to considerable Werth, but a great
part of their contents merely related to indifferent matters.
Mr. Chambers then proceeded to reply upon the evidence
that had been adduced, and in the course of a very able
speech he contended that his learned friend had entirely
failed in making out the case he had opened, and that not
a single tittle of evidence bad been adduced to
support the allegations be had Trade against the
plaintiff. It was perfectly clear that the family of the
fomlins en.ertained moat adverse feelings towards Mr.
Atkinson, and he said that it was a most unnatural exhibi
tins for a father and a mother to come forward as Mr. and
Mrs. Tomlin had on tho present occasion to assist and en-
deavour to save the pocket of the mon who had undoubtedly
destroyed the honour and the reputation of their child.
With regard to the fact of adultery having been committed,
he said that if soy doubt could by posaihility exist upon
that subject after reading the letter of the defendant to this
unhappy lady, the other testimony he had laid before the
jury established it in the most positive manner, and it ap-
peared to him that the only question the jury had to decide
was the amount of damages that ought to be awarded to the
plaintiff for the grievous injury that had been inflicted upon
him by a man whose age and position in society were
grievous aggravations of his crime.
The Chief Baron, in summing up, said he did not believe
the jury could entertain any reasonable doubt that the de-
fendant had in reality committed the offence imputed to
him, and the only remaining question for them to cushier
was the amount of damages the plaintiff was entitled to
recover for the injury he had sustained, and in estimating
those damsgs a they must take into consideration all the cir-
cumstances of the ease. He felt himself called upon to
remark, however, that he had scarcely ever heard of a
charge of this description being brought forward in which
not a single female witness, either lady, servant, acquaint-
ance, or of any other description, was not called to tell the
jury under what circumstances and upon what terms the
husband and the wife lived. It was very important
for the jury that they should be informed ;soon
this subject ; but in the present case no such
evidence was laid before them, and from the period'
of the birtk of the second child down to the Tear 1,49, when
the defendant appeared to have been first introduced into
the plaintiff's family, there was an entire blank, and to •1
certain extent the jury were utterly in ignorance of the
terms upon which the plaintiff and his wife lived. The
learned serjeaw, in his eloquent speech for the defendant,
had certainly made out a very strong cue against the
plaintiff, but he was bound to express his opinion that the
evidence he had brought forward had failed to support his
statement, and that it by no means made out that the plain-
tiff had intentionally forced his wife into the society of
the defendant, in the expectation that the would yield to
the temptation he had prepared for her. Although, how-
ever, the evidence had failed in this respect, yet un-
doubtedly there were many circumstances proved on the
part of the defendant which the jury might very
fairly take into their consideration when they would
estimate the damages which they considered the
plaintiff had sustained, and to thou circumstances
he would shortly direct their attention. The learned
judge then referred to a most disgusting expression spoken
to by Mr. Tomlin as having been made use of by the plain-
tiff in reference to his wife, to the circumstance of the
placard and some other mattes narrated in the evidence
for the defendant, and he said the jury would consider
whether a man who could make use of such an expression
in reference to his wife, and who had acted in the other
matters deposed to by the witnesses, was likely to treat his
wife with proper consideratis.n and kindness, and whether
the intimacy between them was likely to be of • kind or
affectionate character. These were circumstances to be
considered as relating to the question of damag-s, and he
said the jury would no doubt give them their due weight
and return a verdict in accordance with the facts before