The Express.
London, England, 1865-02-13 00:00:00

LAW INTELLIGENCE.

ROPOUTAN cOIIIITT
h&tor 00111 XL
(IMO. days sepoialed Ito
Minlaisow Usisimisig--Timr‘yl.l.l west)
0. U; Wading-
d=rltraday. 1&
Plaltehaairsgrove lex 14; Widow-

41rallrLir m— Friday, Feb. IT.
Caalitmeor. Danomaierrace.—Tneeder, Feb. ; Wedoee-
daiioltial6ay, 17.
Old-etreetroad.—Teeedar, Feb. 16; Thursday. 16.
Hew. BOW4olo.—Yriday, Feb. IT.
florner466. Sina-etreets —Turley.
• Feb. 14 ; Ihers4sy, 14;
C•1111411well•Dow-rowl. —Trieday, Feb. 14.
Garrarerwa.—Wodseeday, Yob. 16.
Troomnos.—Ttiousday, Feb. 14.
Car or LONDON. Gulldhell.baildbig6—Tuesder, Feb. 14 .
'banter, 161 Felder, 17
Drab MATOare Coon. Gulldball..—Heady, Feb. ; nadir,
14.

JUDICIAL COMMITTER OF TER PRIVY
00M401L.—Pta. IL
(Ware Lodi Chaawatth and Chelmbed, and the Lords
Jailor.)

TIT AND CIELTA r. TRIABI7II. —Oll7lllO/1-11•1118.
Lord Oranworth„ in delivering jodpoest la Ibis awe, said
it game before them on so appeal from the AVOLIS Court.
A nit for the recovery of a clarch-rate bad bees rent-
=goad in the Diocese° Coen al Wells spinet Levi Trea-
sure, one of the parishiosen of Cheddar, sad was remould
lab the Court of Amalie, where it was secomary that the
churchyard's@ should siv prosy for a pruner to appear.
Carly
one churchyard's, Yr. Gres* bad sigma the prosy ;
and Mr. Fry, the other thurchwardes, had declined to
Warfare Is the matter. The defenders/ bed appeared
sada protest, sad prayed the &rabies of the mfr.
OVA a case had sever cosorred, and the Dees of Armies
dewed the &mission of the procesdisp an the poond
that a suit to *dorm a eboreb+sts elawaU be
by both churchyard's", sod that cs ilareild sot alga for
both. From that decielos Mr. Grealk, the reurahwardes,
appealed, and the quake hod bee* argued before their
lordships. It had besa suggerted that a olumbwardes
might adopt to mooted to recover a church•rate from nor.
rapt or veracious motives, sad therefore it would be dill.
cult to enlarge the payment of church•retes. Bseh as ille-
gals" was not insiamted la this mu, sad, +rim it did
oars r, a remedy might be (*end. It might be that or
ohntrob words° considered a church-eats woe invalid, sad
cisd
Dot like to put the parish to :inEtarceepeasa or that the
Toner was an insolvent, be adght object.
Their Lordships were of opinion tit was a joist auks,
and cos could not premed or Digs for the other. The appeal
would thuedere be diamimed on the part of Mr. Groats,
sad the jadgmest el the Court of Arches, for Treasure,
tamed with costs.

COURT OF QUIEN'S BISOE.-Fa. 11.
Alter Tam Nig him &Wisp WoUnkutur.--(Bokin
Lord Chant Justice Cockburn sad a Spada Jury.)
LtllL o, POWILL. _ .

- - -
la this ease (sa 'oboe for breast of premise of marriage),
after our report left on Saturday.
Dr. Dishiest King deposed—l am a physkdes, of Seville.
row. I hare kaowa the defeodeat for moor yams, and he
has repeatedly amanita me. He suffers from paralysis of
the lower limbo. He consulted me about hie marriage with
the plaintiff, and I told him that a prudent raarrisp would
rather be beneficial to his health than sot. I hod male.
Wood that for years. It wee act say aphelia that he wee
physisally disabled, mid I Wormed kin ea Ho mid his had
wisaed to marry the plaistiff, sad he sathoriesd me to
mousualeate it to his Leedom triads, sod I did so. He
afterwards fold me there WWI mole poiste shoot the lady's
abaractse that promoted it—that she lied WOO guilty of
some Daiwa with as racer of her hiajedes many. He did
sot meatioa the canes name. I ems sot &eked by him
to communkste it to Miser people, bet I assatiosed It to a
naiad Mead. Mr. & Lewis willed upon me sad I
told him what had mord.
The LardChisf Jostles—Bow did ha bow that you were

aware of it!
Wham—Nun I had had a ocereepoadesee with the

latrierrexamined. —I have been for years cm dry intimate
terms with the defended. The attacks recur at idol vela,
and pralysis arias been a pressure as the brain, which might
lead to serious Jujuy. His If. had been in dupe repea-
tedly from shed adecka—.aertately three Hum The brain
b scrionsly injured. He is paralyesd in cue leg priseipally,
sad when coder them attacks be is helpless, and **offices of
asters would require to be waisted, 3'he attacks last from
three to six days. In May last be had • Devise abed, sad
hie llf. was in imminent denser far two or three days. He
does not require to be assisted from his chair exempt when
audio the attacks. His health has much improved of late,
and the paralysis Is better. I did not assist the defendant
11 writing any of the letters. I wrote • letter in my own
time to the plaintiff at the defendant's diet tics. I
have no drafts of any letters writhe by um in
the defendant's same. At the dafeedast's request
I oommunkated to the plaintiff what I menet
by • prudent mandap. I explaidd that the mar
tinge would be donammated, but as the defeedent was
an ',valid. I told her they must have separate beds. It
would not have been safe for them to sleep oonateetly
together. I thought and told her that =cameos& was
&aggro' to the defendant ; sad she mid she thoeight she
wise to be more in the adore of • ands end scropeasea them
• wife to him. I saw her a day or two after the *app.
meat, and commutated to the defundaat what bad passed
between them 1 oat her a copy of the letter Were I
heard the eogagenteat was broken off, la May. Alter as
attack, marriage would have endangered his lib.
Ite-examidd—l wrote the letter to the plaintiff by the
defendant's desire. Dim proemoseed merrier, to be safe.
The charge spirt La LOWil wee that she had left her
home, and bad lived with an officer, and I ca nnsuakeled it
to her.
Dr. B. J. Hayfield deposed—l am ea aurrecheur. In
connection with Mt. Poland, of Guy's Hospitel, I examined
Miss Levi.
Mr. Calridlie asked what dermilky there was for this
evidence. The plea had been withdrawn, and the &den-
thud mod considerably regretted It had been done, for be
sow believed there was no fdtadatioe for it.
Mr. Bovill said it wee offered to place the matter beyond
doubt.
Mr. Coleridge said that so far as Colonel Powell wee cos-
maned there was no add of it.
The Lord Chief Justice said be thought the plaintiff's
=bad bees suffieieetly answered by tendering the
They all knew what be would my. The plaistiff
;ad pined and accomplished all that was desired on that
point.
Mr. Calaridp said he did not complain of the eddied
being
This was the plaintiff's cad. The defendant called so
witnesses.
Mr. Bovill then replied upon the case, obeerriag that if
it bad not bees for the plea of immorality, which was not
withdraws till the lad moment, they would sever have
heard of this case. But when such • defense was set up
she was bound to dam into • court of justice aad challenge
the defendant to a proof of his plea. He called upon the
jury to give the plaintiff exemplary damps.
Mr. Coleridge then addrented the jury fee the defendant
In mitigation of damages. He said he lad the beady of
appearing before them in the character of the tilefecideot's
advocate, and there was, so doubt, met spa him the diffi-
cult teak of answering the attack that had been made noon
his character by the plaintiff's =heat weasel for a deli-
berate breach of a detract to marry her. He should oely
be giving them credit for powessiag the foliage of our
common humanity in thinking that cirounsetances that
might justify the defendant sea =a of homer sad dose
in not fulfilling this hasty and uneatural promise had seg.
pelts& themselves to them, thooth they might have been as
speedily driven away by the vivid vituperation of the de-
fendant's conduct by the plaintiff's leaned dunes! ; and he
could not help thinking that when they had calmly mid
impartially coo feats ldered the fea sod circumstanees of this
case the damages they woad give the plaistiff would be
trivial in amount. The facts were singularly few, midis-
pitied, and simple, sad it was idle for hits to put forward
einem/taboo is the soundness of which he did act believe,
end the fallacy of which their undershadiage would imme-
diately discover as an answer to this eed. He therefore
at once admitted that a deliberate premise had been made,
and that it bad been resolutely and deliberately broken, and
the question therefore was, what damages, if any, the defeo.
dant had to pay for bringing hinseelf within the perils of the
law ; and in determining that, they bad to madder
what was the omitted, how was ft made, who
were the parties to the contract, and nadir what cir-
cumstance it was departed from. The contract was
to be on the mod solemn, intimate, and touching mistime
in which one human being Gould shad to another, so that
they were "no more twain, but one tiseb." Respect,
esteem, and love on both sides were its true foundation,
and those disgraced themselves and profthed the sacred tie
of marriage who entered into it front bed motives, or is an
unworthy temper ; and those who sought to do so were not
to be heard when they came into a eosin of justice to claim
damages for that which by their own deduct they had die-
entitled themselves from asking.
Ipr turpl canal non °Attu solo

or, se Lad Manstleldrendees it, " Jostles must be drawn
from pure fountains." Now, who were the parties in this
ma. One of them, the deadest, sot old, if they wonted
by the calendar, but aged and eafesbied by wasting disease ;
crippled from the middle downwards, with one leg entirely
ike,
sad the other partially, paralysed, so that be was half Bah,
bait marble, l the is the Arabian nights. Of
moderate oireumetences, bu apparently able to settle 5001.
• yea npoo a wife; of bane, if they were not intemperate,
width were, as one of the whams had mid, such as it wee
desirable he should be weaned from ; weakened in brain
and intellect by the oral sad repeated results of his Me-
ader, cued ma who bad ma, sod =old oot base bad, Ia
the eyes of the plaintiff, but one age reoommendat
vim, the face that be mould sharp his estates la bar
astute
years,
who
favour. The other abad rty inonly the ease was a woman of
arot
into aloes and Whale relagNeaeoshtly been
1p with the &•
Meat ; folly aware of ell his intinaties, and trediag on
anus by= advantage of hie weakness sod of his tem-
frees all thole trine wise earreasded hiss,
=Lhasa et her own hassediste esaseslea, tom dve with
Itha buts bewrif, alliquelind tarp* of which she
=ray tbe News atm in the crap et • Ildialisse
int •
~1111Z11 of dream. Net fer her IMO
these bees, sad pareloaate onetime, width In as
ap sheet aid whir* far • while hallow he went
et as and iterate the melt degraded, Nw for her woe"
Ow alias of slorpy hose be he eneessatied by AMON