The Express.
London, England, 1853-02-21 00:00:00

Abu intentgence.

EQUITY COURTS.—SATURDAY.
Isms yea Rama or yea ROLA.
WALLACI o. ANDIMON.
This was a claim by the assignees of a bankrupt, which
arose under the following circumstances —A settlement
was made on the marriage of the bankrupt, by which eer-
, tails property was secured to the wife for life, then to the
husband for life, and in case he became bankrupt to be ap-
plied at the discretion of the trustees. The husband became
bankrupt, end the trustees had increased an aliuwance of
341, which had been made for the maintenance of a child,
to near 1001. a-year. It was now contended that thin was
an improper exercise of the discretion of the trustees, and
that they ought to be directed to account to the
assignees for the excess of pay tuent. On the other hand it
was said that the child was an idiot, that the expense of its
maintenance was consequently heavy, and that under the
circumstances the trustees were justified in the course they

His Honour said the trait was only in case of the bank-
naptcy, and if the true tees could not exercise their diacre-
tion then, they could not exercise it at all. He thought
they had acted rightly. The proper course would be to
make an order for an inquiry as to what sums had been
properly applied, and to declare that the trustt s 'meant
to the assignees in bankruptcy for all the other funds.
Order accordingly.
Mr. Jeesil appeared for the plaintiffs, mil Mr. Loyd and
Mr. }.sbtr for the trustees.

EMIL. Tr ii-ClitNrwteoll elli Wt. NOR WOOO.
titituLtee.,:tx v. Cuero.
In this ease the t tttttt is, Algcrina 1.U.0 hail left her
residuary estate to htr, sister, Cued; t.r,d 4 reference
to the Master had hem' directed to whether two
particular aunts of 1,09d1., standing in the names of the tes-
tatrix and the plaintiff at the time of hcr t.eath, and
ano-
ther sum of nil. standing it. the Lynn Saving. Batik to
the account of the " Stow Providci.t Society treasurer,
Algerina Bell," formed part of the estate of the testatrix.
The Master had found that they did not, anal the ease now
came on oa exceptions to that finding. It appeared that
the testatrix was the daughter of a clergyman whorled held
the living of Stow Bridge ; that she toots &groat interest in
the place, and hail set apart from time to tune small sums
of more. y, and collected other sums from other pi r..ons, for
the purpose of building and endowing s. church in the
puma ; and the blew,' hod found that theee sums were
subject to a trust for that purpose. Auto rig tit, papers or
the testatrix was 1.0110 which was written its 1b4.5, which
divided the funds codected, and stated that certain sums
were devmed to the buildiu,l fund sad the others to the
endowment fund.

Mr. H..d and Mr. Selwyn for the residuary legatee, con-
' tended that this was really the lady'd awn woncy, and gnat
no valid Lind was declared. The instrument relied au was
not scrolled par.,aint 'o the statute Mortinain, and
there was twitting t•i hay- prevented her trout changing her
mind at any tune. It was cl^ar that part of the money was
originally her odrn, and there was no means of saying what
WU sort was n)t so.

Mr. Wt.:kens, fur the Att rney-General, supported the
Master's finding, and referred to many documents proved
in the cause, and to the witnesses.' examined, to show the
identity of these finds with the funds which the testatrix
had devoted her whole I:fe t.) collect, and some letters be-
tween herself and the Bishop of Norwich with respect to
the %rids, and *onto difference of opinions to the in r.en
in whom the patroulge stio...ld be rested, were also read.
The case was adjourai,:d at the rising of tho court.

COURT OF COMMON PLEA,.-SATURDAY.
brITIMO.I AT 21,, V., $ sv 1102f.-6.1". r, Cuu r JtallCl.
Jllll,l. • ',1C1.4,1.

iVPI V. TUC G..11A r WE, ERN it A 11.ZY CONIFIN V.—
LOb.i OF A BALE ttl,
This was an act:. a to recover 293. , the rahla of a bale of
silk, ihut by the phintift 'rem the Westhurr etet:un,
directed to Messrs. Durant taut Co., Copthall-court, and
which w■s nut deliveri.d.

lir. Serjeant By..s an i Mr. J. Brown appcared fur the
plaiatiff; and the Attorney-Gi nerAl, Mr. ILitgina, Q.C.,
and Mr. Wilha were for the defendautt

Tke plaMtiff is a silk thrawster at .Mcare, in Somerset-
shire, and on Saturday, the 20th April, IS5n, he seat eight
bales of silk, directed to Messrs. Dar tilt and Co., of Cop-
thall•eourr, and these eight bales reathed raddim:ton. In
the ordinary course the goals would be s.ne by a van, co-
vered smith a tarpaulin., to the Bull and Mouth, St. Mar-
ties-le-Grand; but when the van which ought t 3 have
taken these goods arrived at the Bull and Mouth, there
were only seven bales insie.si of eight.. By the Carriers'
Act the defendants would slut be fur silk, unless the
nature of the article was declared to the company, ■ud a
certain eztra rate for insurance paid ui on it; or unless it
WAS stolen by the compauy's servants. In the present ease
this eztrn rate, or insursne , had net been paid, and there-
fore, to euahle the pl .intiff to recover, he was Latina to
prove that the bale was by the company's sereards,
in order to enable him to recover the 'slue of the bale
from the defendants. The case wf,s trb .1 on a former occa-
sion, when the jury found that the hale ta. stolen by the
company's servants, but the court was di.:Aisfied this
verdict, and they therefore directed a new trial.
The ptaiutiff c..lled the came lei:pews us on the former
ereeesien, and their evidence was, to a great ezt.nt, read
from the judg'e's notes. They proved that the hales had
been delivered to the company, and that the one had not
reachea its destination ; and it was attempted t 3 show that
it was more probable that the company's servants had
stolen the bale than Cita anybody ul,e had dune so ; bat it
appeared that if it had been stolen, ouu cd the pub::e night
have taken it, and not the comprny's Si resets. In par-
ticular, it was proved that within a short distance of the
station the VIM was stopped, according to the usual custom,
for a quarter of an hour, Whilst the man went home to get
his breakfast. During this time the oral per.nn with the
van was a boy 13 years of age, and he stated that he gene-
rally, during this quart :r of an hour, mat upon the curb.
and ate his breakfast, which was brought there for him by
his brother.

The Attcrney-General, upon the c :r.elusion of the evi-
dence, submitted to his lordship that there was no evidence
for the jury; that the only thing proved wss the loss cf
the parcel, end that there was no evidence of felony by the
company's servants.
1 The Chief Justice said the pared might have been mis-
directed, one of the pab:ie might have stolen it, or the rem-
I pany's servants might have stolen it; and either of these
I eases was equslly C4.1114!wn t with the evidence. Hi, how-
ever, thought it was .rifer to leave the matter to the jury.
The jury found a verdict for the defendants; but one of
the jurymen said they thought there was great e :Trimness
Cu the of the company in allowing their van to be
s in the street, and left with the boy, as had been
proved.
The Attorney-General said the whole system had since
been altered.
Verdict for the defendants.

COURT OF EXCHEQUER.-SATURDAY.
117ITIMOS AT Nisi I'aws IN LONDON:BAYOSZ raa loan Cant
LCD LONDON kin!.
SHAW C. OLLIS.—PATENT CASE.
This was an action for the infringement of a patent for a
paging machine.
The plaintiff conducted hie own case In rer.on, and Mr.
Movill and Mr. Webster appeared for the defendant.
The trial occupied the attention of the court the whole of
Friday and to-day. At the conclusion of the defendant's
evidence at 5 o'clock, the court adjourned null Monday.
The mat presented no feature of public interest.

CONSISTORY COURT.—SATURDAY. -
Bissau Da.
R•EAWILL V. Ii•ILEWILL.
The matrimonial infelicities of Mr. and Mrs. Hakewill,
which have so often been before the public, again formed
the subject of inquiry.
Mrs. Hakewill bad sued her husband for the restitution
of eoajugal rights, and the court had decree.) him to take
her home and treat her with conjugal kindness. Mr.
Hakewill alleged that he had done en, hut he had neglected
to eertily the fact, whereupon Mrs. ilaktwili's proctor had
prayed that he be pronounced in contempt, sad that his
contempt be signified. This was accordingly done, and in
the ordinary course of practice he would have been com-
mitted, but be had delivered in the certificate and purged
his contempt; and he now prayed to be dismissed from the
further ohservance of justice.
Dr. Jenucr, who appeared for Mr. Hakewill, read his affi-
davit, which was to the effect that he had taken his wife to
his residence, at 7, Powys-place, Great Ormond-street,
where he had regularly slept and breakfasted ever since.
As secretary to the Hampstead Waterworks, he had an offi-
cial residence at 33, Harrington-aquare, a portion of which
was Inhabited by his mother ; and from motiv,s of conve-
nience he had taken most of hie other meals there ; but his
home was in Powys-place, and he had no other residence.
This statement was confirmed by the affidavit of Thomas
Hall, his servant, and he (Dr. Jennner) contended there-
fore that his party had complied with the order of the
court.

--Dr. R. Phillimore, on behalf of Mrs. Hakevrill, denied
that such bud been the case. M's. Helewill had filed an
' affidavit in which she said that her husband had taken her
indeed to the house in Powys-place, but that it was not
his home. It was almost entirely unfurnished, except as
regarded two rooms on the second floor, and the dining-
room, in which her husband had caused a bed to be put
up for himself on the previous day. When she arrived at
the house her husband told her that she was to occupy the
rooms on the second d.tor, but when she went there she
found no fire in the eitting•roem. There were two servants
of whom lion was one; and her husband told them to re-
member that she was not their mistre.s, and that they were
not to attend to her orders ; that they were to admit no
person to visit her, and ta permit Ler to take nothing out
of the house; but, if necessary, to use force to prevent
I either being done. At the entrane, of the passage, and
close to the tlinitig-room, thus was a string door cased with
Iron, so that the ilining•roam was completely separated from
the other parts of the hi rive. Mr. 11-kewill said to her,
' " You will not get through that in a hurry—precious article
that you arc—(a laugh) ;—and he gave orders to Hail to
lock it at 11 &clack at t.iirlit, and to admit ito person after
that hoar. Fearing that sht might be locked to, she took
possession of the dining-room ; and her husband went up to
the bed rootn on the sectenil-fl.n,r. The next morning, while
he was breakfasting, she wen; up to him. He told her that
she should never see her five children again, and abused
her in the grossest manner. He said she was the " black-
est wretch and the most blasphemous humbug in the world "
—(a laugh)—and charged her with iufirelity towards him.
She repelled that charg.. with indignation, and, attempting
to soothe him, gave him a kiss. lie immediately said that
she had assaulted him, and that if she touched him again
he would knock her down. (Laughter.) He then •
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' her leave the rooom, and told Hall to put her out. • 0 -' r '''t hl'i
_
`accordingly pushed ter against the corner of the room, !If i
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