The Express.
London, England, 1867-02-04 00:00:00

LAW INTELLIGENCE.
(THIS DAY.)

COURT OF QUEEN'S BENCH.
n:. sitting. at Prim' at Westininoter.—(l:efore
)1 notice sl ire and a Special Jury.)
KEARNS r. STORKS.I
,; • • I,lgby :4cyniour, kW., Mr. Coleridge, Q.C., and Mr.
. 'ti were counsel fur the plaintiff ; the Solicitor-
..l. Mr. Prentice, Q.C., and Mr. Harmon were counsel
.lei.
; .• further hearing of thin extraordinary case, which
non for confining the plaintiff in a French lunatic
wan reanined thus morning by the further creme-
,nom of the plaintiff by the Solicitor-t:eneral.
. .

-.., • t .tt, I can at; the defendant slept out of the apart-
, .11 P.,ris. Ido not know if the th•feudant slept for
• •ght. in his clothes in the saloon before I was taken

• bo, from the state of his bedroom. !never
• :••,1 sit or bad language towards the defendant until
1 • • ,te.l me so ill. On one occasion 1 broke the boot
by-cause Pateman would not put it away
pit clean. I threw it in the sink, and broke the
1. I did not throw it against the wall. I
gate Serjeant Storks wine in a tumbler. I
•':.: not say to him, " Drink this, old gentle.
it is rot-gut stuff, but it will keep sonic
• 111 you." I was never remonstrated with for
it. •Never gave him wine but when he iisked for it.
I ..onot say if that was the reason for locking the cup.
, but it was no doubt done to prevent my giving the
• q,ma wine. I bought wine and beer. I did not knock
ti.•nick. ..f the bottles off instead of using a cork-screw. I
111 n..t say to Patemati,"i )pen this (oneof the bottles/. You
hussey." I never took a knife and threatened
to rip her up, or that if she dared to look or speak to me I
sill clash her skull open. I used uo language or threat
to her it that time. I did not take is tray full of tea.
thing+ in my hands, ehake it about and dash the teasthings
.n the ground before the serjeant and the defendant. I
did upset the tray in consequence of the defendant seizing
me by the shoulders and kicking me. I tried to throw the
coffee user him, and I should have very much liked to
hate .1 • it. I did not offer the serjeant cake, and say
•• Here, this is not poison for you." I never re-
to take food for fear of poison, but I
said to the servant that the stewpans
we' eso dirty that they were enough to poison anyone. I
m•y,•r told the serjeluit that the wine I was offering him
not poison him. I never remaine.l up one night in
y bedroom with four candles harping at the same time,
liar got out two candles from Pateman's room and
lit them. The serjeant never bad a candle in his bed-
os.in at night. I slid not take them in in the middle of
the night, and say," Here, you shall have plenty of light."
I never went into Pateinan's room, and hailing
L. r awake say. " I'll rip you open some of these days."
did not Sourish an open razor before her eyes. I did not
leave the slops about. I did not pour wine into the utensil
and the contents into the defendant's bath. I had fee-
yient occanon to complain to Pateman for her negligence
:and dirty habits. A few slays before I was takento Charem•
ton, the defendant kicked me as I was stooping to put
away a couple of bottles of wine, and I said my parents
would net rest in their graves if they thought
they had hrooght me up to be kicked about by a fellow like
him. I did not kneel down to pray to them for sonic
minutes. Sir Joseph Orliff saw me once at Charenton
and twice before I was taken there. He saw me on boa;
occasions in the serjeant's room. He was with me half an
hour at lars•nton.

The solicitor-General—He ia an Englishman, and you
could very well understand hini,or rather he is an Irishman.
Plaintiff --He might be an Irishman or not. I could
understand him. After I was discharged, and when I re-
fumed to England, !stayed two days in Gower.street. Mr.
Knight. who was in charge of the house, said I was not to
soupy the house, and I then took apartment* and coin-
eitneed this action. I then went to Tuam, in Ireland. I
rase hack to London. I then 11.tw the Rev, and Mrs.
Iloare. They knew from me before that that the last will
had been improperly obtained. I told them and Sir Henry
that the defendant said he was an assassin at heart, and
64 he wished lie could breathe his il—d relations off the
faze of the earth. To use the defendant's own expres-
sions. he frequently said "he did not care
how soon Abraham took his father to his bosom." I told
sir Henry and Mrs. Hoare all he said about his father.
His father user! frequently to complain of the defendant
hovering round him like& crow instead of going out in the
world and making a position for himself, and on one occa-
sion the defendant said, " Yes, and you are my carrion."
This occurred after Itelit, when they were in France.
'The awe was proceeding when our report left.)

COURT OF COMMON PLEAS.
Sittings at Nisi Prius in Middleaex.—(ll3efure Mr. Justice
Keating and a Special Jury.)
TN!: MPF.CIM. JUHY MATEY.

At the sitting of the court this morning several special
jurymen complained of the mode in which special jurors
were summoned. One gentleman said that be had ten or
twelve summonses a yew, whilst other gentlemen were
seldom summoned. Ile added that be believed that what
was called in vulgar language "palm oil" had a great deal
to do with the matter.

Mr. Justice Keating said that if any such case as that
were brought before hint he would deal with the matter;
but with the general system of summoning jurors he had
nothing whatever to do. There were no doubt many faults
in it, which he believed that the wisdom of the legislature
would be able to remedy, and he added that Mr. Erie, the
Associate, iufortned him, that a great part of what was so
frequently complained of would be got rid of if in Lou-
don and Middlesex there was for each sittings a general
panel of special jurors, instead of a special panel in each
CM'. to all other places there were general panels, and
this syskmi was found to work well.
SECOND COURT.
Sittings at Nisi Prim in Middlesex.—(Befogs Kr. Justice
Byles and a Common Jury.)
WATNEY r. LYNE.
This case was tried a few days ago ; it was an action to
recover for damage done to some furniture in a house
tenanted by the defendant, and a considerable part of the
damage was said to have been caused by the owl of
"Brother Ignatius." Tot. was claimed, and the jury
found for the plaintiff for 201.
Mr. Serjeant Parry this morning applied for a certificate
to entitle the plaintiff to full costs. If the jury had found
for even a farthing over the 201. the costs would have fol-
lowed the verdict.

Mr. Justice Ryles said that be thought that the damages
111,1 been reduced to the full extent, and that the plaintiff
warht to base coats.

Certificate grantnl.

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Goulburn.)
IN at BoWNAN, BOWMAN, AND EAST.
The bankrupts were sugar refiners, of Leman-street,
f.o.slmati's.tiehls. The joint liabilities are 9.1,000 f. ;
asset', :,bout 111,00 W. with a probability of something
further being realised. The case now stood for judgment,
after occupying the court at two or three previous sittings.
At the hearing two of the assignees consented to the
bankrupts having their order ; but the third, Mr. Bonauty
bohree, opposed. on the ground that they had con.,
trotted debts without probable means of payment.
His Honour said he had looked through the proceedings
with great care. The bankrupts had traded on a very large
scale, their transactions having been upwards of three
million,. They hail lost a capital of their own of
40,1snii. or 511,111)0/., and after being 15 years in a condition of
opulence, they had been reduced by a series of reverses—
including the alteration in the sugar duties, to a state of
poverty and ruin. By far the larger part of the creditors
hail signed it recommendation that the bankrupts should
hive inin lobate orders of discharge. One creditor only, amen
of the highest position, and governor of the Hank of Eng-
land. took 311 opposite view, and urged against the bank-
rupts that they had gone on trading long after all
their available assets had disappeared, except their manu•
factory, which they made over to Mr. Chapman, their
baker, who had been of great assistance to them in keep-
ing them stoat, though it was questionable whether
be had rendered them any service in doing so. It was
ft •r this transaction that the bankrupts contracted Mr.
l‘ohree's debt ; and had the old law as to fraudulent prefe-
n nee prevailed, the charge against them would have been
a very serious one. But so great bad been the change in
ti. law of late years with regard to what was called
I u luleut preference, that it was now looked
uism as scarcely any offence at all. The court
could no longer punish for this offence under the
1 .asetion, but it could take cognisance of the fact
th it the bankrupts had contracted Mr. lbabree's debt
without probable means of payment. Regard being hail
to I!, rccswnendation of the creditor.. the court would
ill, order for six months, on the ground of con.
tr,ctiie.; ,lehts without probable means of payment; but
mm,nsion would date from the time when the bank-
rll'', pissed their examination in November last. Of
a_ pr..tuctiuu would be granted.
M. I.,wrance and Mr. Linklater appeared in the case.

IN HE A. It. ItLENKI\ RN.
1. Ink rapt was dr.scribed as a nierchant and colonial
a^. "...f rud of Fenchurcli-street. The liabilities
couliguincnt and property held as security
•

r. Ary qate.l that the bankrupt was endeavouring
t' 411 ao rAng..lll,.nt, with a view to take the case out
7 t and an adjournment wu thereupon ordered.

I W. P. HOMEsI.
Th.. bankrupt %V, N 3 bRI
oot and shoe manufacturer, of
At•et, Wiatvehapel. The liabilities amount to
with bast debts of 6,700/. At a
cal •ittiott had been tossed fur taking the
it of court, but the resolution had not been con-
r-,• •! or rt•portetl to the court. It appeared that the case
••Ii /I,tl IV two yoars before the court, owing to the
•I'Y in ol.tainin4 satisfactory accounts.
11i h. t:i ith tits. far the assignees, pointed out that the
.i.-ti:at•ney of 13,0isii, had been incurred in the
'"to• of two yea.; trading. Though the account: were
t •..asatisfactoiy, the assignees did not wish to dissipate
t' '• ato.aiiit of assets remaining by further opposi-
,.. They would allow him to pass, reserving the roes:
".f ',taloa for the order of discharge.
11i, llonour did not think that any ground had been
,t.,att for further .1. lay.
eitts.,cd for Messrs. Burr and Willaher.
oterchalits, flout whom the bankrupt hail ordered
tit, amount of 4. 7/. within two months of his