The Express.
London, England, 1862-06-26 00:00:00

COURT OF QUEEN'S BENCH.

After Term at Nid Prius at WifillOiner.—(lislore
Lord Chief Justice Cockburn and a Ellpsoial Jury.)

The plaintiff in this aaiOn, Johanna lane, is • young
woman who alleged that she had bean seduced by the de-
fendant, who had subsequently agreed to pay her the sum
of l2s. a week for the maintenance of her illegitimate child,
and she brought the preeent action against him to recover
the stun of 211., being the amount of arrears due for 26
weeks under that agreement.
The delendsat, Patrick Panto., who is • retired medical
man, living at Sittiogbourne, in Kent, pleaded that he
bad made the agreement spun the condition that the
plaintiff would sot molest or annoy him in any way, and
that, in breach of agreement, she bad made an unfounded
charge against him, that he was the father of a second ille-
gitimate child, of which she hod been delivered.
Mary Yate, • married woman, deposed that she occasion-
ally worked for the defendant. She was there • few weeks
beiges and after Mrs. Penton. She united in the kitchen
and attended to the door after • certain hour. She never
eaw the plaintiff inside the defendant's house. The de-
fandent wolowszsaassalms let in by one of the servants.
—The plaintiff was confined at her house
of her first child. She sever bad criminal intercourse with
W defendant. She wait living with her husband in Kent.
(The witness appeared to feel acutely these imputation; on
her chastity. The Lord Chief Justice complained of. the

tau temper, sad nanny, of the oranuannistioa, sad the
jary wondered the oresestraminetion objectioasble.)
Witeees—She west to hve is Kest, sod worked for the
defendant u Pantea's request.
had kaowa the plaintiff before the

birth of the chtld.

Elisabeth Walker deposed that sbe was in the defendant's
swiss in 18150. She bad cam sem the plaintiff °Meade the
home, bat wane Melds. The plaintiff walked with her child
up cad dews in frost of the home three or four times a week.
She used to bold the child ap iw front of the window, talk
toed, cad swear &bent the defendant in such a loud tem as
to ease* a crowd atoned the house. This was before Mrs.
Astor came home. She never heard the plaintiff call out
after Yrs. Pantos came home to the house. She never saw
the plaintiff at the defendant', house. The defendant sel-
dom went out after dinner.

Oroui-examined—She was fire years altogether in the
defendant's service. She neve/tam the plaintiff at Glottoester-
Winne.

lir. Ennis, senior, defendant's molicitor, proved paying the
plaintiff lLti. per week from May, 1861, to the 208 July fol-
lowing. She then brought two children with her. He
asked her whose they were, she said they were Dr. Penton's.
That was the &et time he had heard about the snood child.
He discontinued pay meet on his own account.
Mr. Ennis, jun., gave evidence with reference to the
Mr. Mania, who acted am her adviser, and Mr.
Metcalfe, banister, were at the sessions on the plaintiff's
behalf. Mr. Martin came to witness and said it was a pity
the case should go further. Winces told him that noth
could be done until his client admitted that all
the proceedings with reference to the second child
were erroneous and fraudulent. He said be would
advise his client to admit it. She was called over,
and the negotiations were talked over, and the condition of
the abandonment of further proceedings was that the first
child should he given up tothedeteodaotafter a certain time.
She became violent about rt,and the arrangements were pat an
end to. Mr. Metcalfe after that meld he would have nothing to
do with the case and handed his brief over to another bar-
rister. The case was called on, and after a few remarks
from the learned counsel, Mr. Bodkin, the assistant-judge,
spoke to the plaintiff, and the one was adjourned. On
the wood amnion she did not appear, nor anyone
to represent her. He war eramuned by the as-
instant judge as to any collusion. On the first
occasion she said she would go into the Kensing-
ton workhouse, and make the pariah prosecute. He called
on her the day before the second hearing of the appeal, and
told her the consequences of her not attending.
Mrs. Taylor's evidence—au elderly lady, too ill to attend
—was put in and read, relating to the plaintiff's conduct
during the time she was in her service.
This closed the defendant's

Miller addressed the jury for the plaintiff, and
detailed the facts he intended to rely on, and urged that no
proof of molestation after the agreement was given had
been adduced, except the proceedings in bastardy could be
so construed.
[The case was proceeding when we went to press.]

COURT OF PROBATE AND DIVORCE,
(Bike* the Jodie Ordinary.)

BIAS g. BOWMAN AND OTIIIIRS.

Mr. Lush, 4.F.,Dr. iipiolu and Mr. Tisiea appeared for
the plaintiff ; Mr. Price, Q.C., Mr. Hannan, and Mr.
Pritchard for the defendants.
The plaintiff, the executor, propottoded the will of Mr. Jae.
Richard Ellis, late muter of Greenwich Hospital, who died in
March last, leaving property, according to Mr. Bruesestimate,
worth 4,0001. or 5,0001., andeecording to the defendants' worth
10,0001. or 12,0001. The defendants resisted probate on the
ground that the document propounded was not the will of
the deceased, that it had not been executed according to the
statute, that the tentator was not of testamentary capacity , end
that the paper had been procured from hire by undue influence.
The deceased died at the age of 44, leaving no children.
After the death of his wife, a niece of her's, named Mary
Ann Elisabeth Perry, who had lived with them for about
10 years, was appointed matron in her room. In February
last he was seined with • fever, which ultimately assumed
a typhoid form. In the few days which preceded his
death be was visited by several of his relatives,
and be executed four or five wills, in which be left a few
hundred pounds to different members of the family, sad ap-
pointed Miss Perry his residuary legatee. Just before be
died, however, be expressed a wish to the plaintiff, his
brother-in•law, to leave everything to Mien Perry. Mr.
Byes and Mr. May, another relation, left the room,
and drew up a short will to that effect. At
the suggestion of Mrs. Shute, the deoeased's sister-
in-law, Mr. May added • clause directing the univer-
sal legatee to carry out all her uncle's former desires. Mr.
Brea objected to this, and another copy was made without
the words in question. The defendant was then taken into
the testator's bedroom. He signed it, and it was attested
by Mr. Stourton, his medical attendant, sod Ann Batten,
his num. He died in a few hours afterwards.
Fur the defence witnesses were called to show the
deceased was under the controlling influence of Mrs. Perry,
the mother of the universal legates; and also that the
paper which was reed to the deceased was the unexecuted
document containing the clause respecting the deceased's
farmer wishes.
[The cue was not finished when we went to press.]

COURT OF BANKRUPTCY.
(Before Mr. Commiasioner Bram)
IP RF 0. e. BRUIT.

This bankrupt wa;deseriioras of Hawley-teresee, Ken-
tisb-town. surgeon, and this wan a meeting for hat examina-
tion and discharge.
Mr. E. Reed supported, and there wu no opposition.
Mr. Aldridge submitted that the bankrupt should set
aside a portion of his income as deputy-coroner for Middle-
sex, but, as it appeared that the office had lapsed through
the death of Mr. Wakley, the order was granted uncon-
ditionally.

SHERIFFS' COURT, RED LION-Bit•ilL
(Before Mr. Uoder•Shcrif BurthelL)
13IPORTANT TO PERSONSI tOJWIIONED AB MIMS,

A new list of persons summoned is jurors was called over
at the sitting of the court. Two persons claimed to be
eased, being over 60 run of age.
Yr. Under. Sheriff Borchelt said they were hound to serve
as long as their tames were oe the jury list. Their duty
was to give notice to the overseers and claim exemption.
Perseus should understand that they must get their manes
removed from the list.
Only 11 persons answered, and the barristers in a case
called offered to go on with the number. In an node.
fended case the attorney was willing to take it with the 11
jurors.
The learned Under-Sheriff said there must be twelve to
try an undefended case, as there was no party to coolest
on the other side. The Under-Sheriff directed the two
persons over age to serve on the present occasion, remark-
ing that they looked quite young enough to be jurors. (A.
laugh.) They aneordingly got isto the box.
It appears that by the Jury Ad the clerk of the peace is
to issue his minuet fora list to be made, and in July the
use. is prepared, and in September exhibited on church
doors, sadist a petty session exemption must be claimed.
Numbers of persons are returned who have removed or
died.