The Express.
London, England, 1866-06-05 00:00:00

issit..-7-

I.A.

INTELLIGENCE.

(THIS DAY.)

court 'OF COMMON PLEAS.
Sittings at Nisi Prins in Middlesex.—(Before Mr. imam,
Bylee and a Comma Jtrii.)
MYERS O. HARRIS.—BREACH OP PROMISE OP MARRIAGE.
This was an action to recover damages for • breach of a
promise to opera and the defendant ki-kid-igass_dAnied
the promise, andamerted that he het 118111 exonerated -
from its performance.
Mr. Berjeant TindalAtkinson and Mr. Philbrick aP
for the plaintiff ; and Mr. Digby Seymour fortreare-
fendant.
The plaintiff was Miss Phmbe Myers, and the defendant
was Mr. Benjamin Harris, and both were young people,
and members of the Jewish religion. The intimacy
sprang
up in 1863, and having lasted some months, was broken
in the same year, the defendant having first got his letters
into his own possession, as was said, by a trick, and burned
them. The engagement, however, was not broken off
until some time afterwards.
Mrs. Myers, the plaintiff's mother, said that in the
spring of 1863 the defendant paid the plaintiff attentions
end took her to Cremorne, and when spoken to professed
honourable intentions towards the lio,:‘g lady. At that
time he kept a coffee-shop at St. -at-Hill, but wee
now the keeper of • public-house. Vitneas said that
she had no objection to the engagement but they
had no money to give the plaintiff, and he said
he was quite satisfied without any fortune, or any expense
whatever being gone to ; all he wanted was the consent of
her parents to complete his happiness. The plaintiff's
father was present at the time. After this the defendant
visited the plaintiff every evening, and according to custom
among the Jews a betrothment party was held on the 14th
April, 1863, and the wedding was fixed to take
place three weeks after Christmas. Two months
afterwards, however, the defendant sent a letter enclosing
the plaintiff's photograph, and the engagement was broken
off. Consequent upon this the plaintiff had a fit, and her
health suffered a good deal. Witness went to the defen-
dant and asked him why he had sent the letter breaking off
the correspondence, and he waited several minutes, and
witness said she wouldhave satisfaction upon that matter.
He said that he had bethought himself that he was a young
man in • good position, and he should look for a girl with
money.
The plaintiff's father was called, and, in answer to the
defendant's counsel, he said that he did not know that
his son had borrowed money of the defendant.
Sarah Ann Smith, servant to Mr. Myers, said that the
plaintiff used to read her love letters from Mr. Harris, and
they were very loving and affectionate. She was present
when be asked Miss Phoebe to get the letters, and she did
so, and placed them on the table in the parlour. He milked
for some refreshment, and when she went oat
to get it, he took the letters and put them
on the fire. There were about • dozen of
them. The plaintiff tried to take them off the fire, and
the defendant pulled her back and seated her in a chair.
Witness was inaccurate in saying that the letters were
read to her ; she was told of them by the plaintiff. The
plaintiff screamed a good deal when the letters were
burned.
Mr. Lewis Isaacs, the beadle at the synagogue in
Duke's-place, proved that the defendant was married on
the 21st March this year to Miss Miriam Hart.
Mr. Digby Seymour called no witnesses, but addressed
the jury for the defendant, and contended that the j ry were
at liberty to infer from the three years which had elapsed
between the breaking off the intimacy and the commence-
ment of the action that the plaintiff had exonerated the
defendant from the performance of his promise, and he
contended that in any event there was nothing in the case
to require substantial damages.
The Jury found for the Oaintiff—damages, 60/.

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Winslow.)
IN Ri T. LONGIWIFHT.
The bankrupt, a clerk in the Imperial Gas Company,
residing at Upper Holloway, applied for his order of du-
charge. Debts, 812/.
Mr. Reed, for the assignees, did not oppose ; Mr. Bagley
supported.
The bankrupt stated that in consequence of the pro-
ceedings in bankruptcy he had been discharged from his
situation. He ascribed his failure to the illness of his
wife and his having become surety fur two persons to the
British Mutual Loan Fund Association for 2001. Had no
expectation of being restored to his situation.
His Honour proposed to adjourn the case ; but
Mr. Bagley offered, on behalf of the bankrupt, to set
aside MC a year, should he regain his situation, and the
order of discharge was granted subject to that considera-
tion.

IN RE ELLIOTT.—THE TUNBRIDGE %VELLA RIOTS.
The bankrupt was deicribed as of the Sunset Tap, Sus-
sex Shades, Tunbridge Wells, livery stable-keeper. He
came to the court on his petition, ascribing his failure to
insufficiency of profits and proceedings taken against him
by Dr. Webber. The debts are 6291. of which '1.141. is
stated to be due to Dr. Webber, for damages and law costs
in an action brought by him against the bankrupt, who,
it appears took a prominent part in the disorderly pro-
ceedings at Tunbridge Wells, consequent on Dr. Webber
having made an unfavourable sanitary report on the town.
Mr. Bagley took the objection that the bankrupt was not
properly described, as nothing was said about his dealing
in wine, spirits, and ale.
The bankrupt stated that he took the tap from Mr.
Bacon, the landlord of the hotel, paying a rent of 61. :W. 4d.
a week for the place and furniture. He had the profits of
what he sold. The license was in Mr. Bacon's name.
His Honour gave leave to amend the description, but
adjourned the case for additional acoounta.

IN RE W. NEWTON WILSON.
This was a sitting for discharge under the 110th section,
the case having been taken out of court, as far as the ad-
ministration of the estate is concerned. The bankrupt
was a manufacturer of sewing machines, in High Holborn.
The debts are 7,866/. The terms on which the case had
been compromised did not transpire.
Mr. Lawrence appeared for the bankrupt.
His Honour granted the order.

IN BE S. PARKER.
The bankrupt was a lamp-manufacturer, of Barge-yard,
Bucklersbury. The case has been frequently before the
court. The aggregate liabilities are 0,15/6/. ; assets re-
turned at 3,0001. ; property held as security, LOW/.
Mr. Bagley, for the assignees, stated that the case pre-
sented difficulties of a remarkable character. Up to the
end of 1864 the bankrupt had gone on creditably ; his
health then broke down • a paralytic attack wholly inca-
pacitated him from attending to his business. The business
was then conducted by his son, but in so unsatisfactory
and reckless a manner that bankruptcy ensued in October
last. The son had resorted to pledging of goods and sales
at a ruinous loss. Though the bankrupt was only. par-
tially answerable forthe misconduct of his ROD, the assignees
felt that he could not pass on the accounts rendered.
Between July and October last goods to the amount of
1,5731. bad been pledged, and advances of 1,0201. obtained
on them. In the course of five days, just before the failure,
goods worth 1,1501. had been sold for 452/. The son had
also resorted to • system of exchanging cheques on
which he paid a commission of 5 per cent. The bankrupt
all the while professed to know nothing of this, and
to believe that the business was goiLg on prosperously up
to the very day of the bankruptcy. It was alleged by the
son that his father had drawn out 3371. during his illness,
but the bankrupt denied the receipt of any such sum.
Though sympathising with the bankrupt's sufferings, the
assignees could not consent to his passing on the accounts
in their present form. One aggravating feature in the
cue was that the son made a large claim on the estate for
salary, and for alleged advances to his father.
Mr. Reed, for the bankrupt, said he rejected the mock
sympathy of the assignees, while with the same breath
they opposed the bankrupt, though they well knew that
his misfortunes were solely owing to the conduct
'of his son. However reckless and blameable might
have been that conduct, it was wholly un-
known to the bankrupt. The accountants, Messrs.
Hart Brothers, who had acted under the supervision of
the court, reported that the accounts were substantially
correct ; and discrepancies between the son's statement
and the father's as to the amount of drawings were easily
accounted for, from the infirm state both of mind and
body, in which the bankrupt was at the time.
Ultimately his Honour passed the examination, but
adjourned the consideration of the order of discharge.
TN RE CHARLER DERRELL.
The bankrupt was s stock and sharebroker, of
Colville-square, Notting-hilL The liabilities are
10,2471. of which 2,8311. is due to unsecured
creditors, and 3,5961. in respect of accommodation bills.
The debts due to the estate, 1,955/., are all returned as
bad ; property held as security, consisting of • reversionary
interest under a will, 3,920/.
Mr. Lawranoe, for the assignees, asked for additional ac-
counts, and an adjournment was ordered for that purpose.
(Before Mr. Registrar Pepys.)
Ix Rs NZWPON.

This was the first sitting under the bankruptcy of
Francis Robert Newton. formerly of the British and
Foreign Cork Company (Limited), carrying on business in
Esher-street, Wminster, and Sussex-street, Pimlico,
since of Kensington-square, gentleman. The debts are
about 15.0001. The bankrupt ascribes his failure, amongst
other things, to the non-fulfilment of • contract in Por-
tugal for the supply of cork, and to the failure of the Cork
Company. Assignees were now chosen.

Notices were given last night by Major Jervis,
Mr. Goldsmid, Mr. Walsh, and Sir P. Egerton, of amend-
ments in committee on the Redistribution of Seats Bill.
Sir John Hay has a motion that the Representation of the
People (Scotland) Bill be referred to • select committee.
who are to readjust the districts of burghs in Scotland,
and a schedule which occupies Eve pages of the parliamen-
tary notice paper is to be placed in their hands. Mr.
Buxton intends to move that civil servants hitherto dim-
shied from voting under certain acts by this sat repealed
are to have the franchise. Mr. Darby Griffith has some
clauses relating to bribery.