The Express.
London, England, 1867-05-30 00:00:00

tab intentrart.

Alderman Allen sympathised with the poor man, and
consulted Mr. Martin (chief clerk) is to whether that court
could interfere in the matter.

EQUITY COURTS.—MAY 29.
(Before tly.? Lord Chancellor and the Lords Justices.)
UNITED STATIL. OP AMERICA r. WAGNER.

Mr. Martin examined the applicnnt's papers, and said
that the court had no power in the matter. it was one of
those melancholy MIS in which the poor lost their money
by trusting it to imprudent hands. The bank was in
course of winding up, and could only be dealt with in
Chancery.
The worthy aldermen then consulted together, and
after a time expressed their strong sympathy with the poor
loan for his loss, and ordered him :If. out of the pour-box
to supply his present necessities.
Tillutt, who appeared very grateful for the gift, thanked
their worships and retired.

ORDINARY

LIINATO

This was an appeal by the plaintiffs from the decision of
Vice-Chancellor Wood, who bad allowed a demurrer to
the bill under the following circumstances. The bill was
tiled by the United States of America for the purpose of
establishing their right to cotton and other goods in this
country, winch bad been consigned during the rebellion,
by the Confederate government, and weir now claimed
as State property by the United States. In their
bill the plointiffs said they had now discovered that
the defendants' firm, Messrs. Fraser, Trenholm, and
Co., had from the commencement of the rebellion
been the recognised financial agents of the Confederate
States in England, and that in such capacity they had ex-
tensive dealings with the Confederate States, and had
received in addition to the cotton, the subject of a former
suit (The United States v. l'rioleau), divers ships, moneys,
' and vials, which had formed part of their public !woo-
perty, or which they claimed in their public capacity, and
not otherwise. As the plaintiffs claim was that they were
the red owners of all the public property of the late Con-
federate States, the bill prayed that en account might be
taken of all moneys, and goods, and steam vessels and
other ships which had at any time come into the custody
of the defendants as agents or trustees of the Confederate
States, and that the defendants might be ordered to pay or
deliver whatever, on taking such account, should be
found due from them, or in their posse...ion or power.
The defendants demurred upon the ground that no in-
dividual state officer or member of the executive, who
could he called upon to give discovery upon a CMS/ bill,
had been put forward on behalf of the United Stases.
The Vice-Chancellor, in allowing the demurrer, observed
that if he were to allow that great and powerful nation
called the United States to sue in that name simply,
without putting forward any person against whom relief
by way of discovery could be obtained upon a cross bill, be
should he conceding to them an advantage enjoyed by no
other suitor in that court. No question arose as to
their right of suit in this country, but simply as to the
form in which they must sue. It was clear upon autho-
rity that the form adopted was wrong, and on the ground
that the defendant was entitled to have some pereon
I pointed out to him from whom he could obtain that dis-
covery to which in common justice he was entitled, the
demurrer must be allowed.

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Sir R. Palmer, Q.C., Mr. G. X. Ginn], Q.C., Mr. Druce,
Q.C., Mr. Wickens, and Mr. T. Hughes appeared for the
United !itates government ; Mr.W.M. James,Q.C., Mr. Kay,
1.2. C., Mr. C. Hall, and Mr. Benjamin, for the defendants.
The arguments Irma not concluded when the court ro►e.

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COURT OF QUEEN'S BENCH.—MAy 29.
Sittings in Ilanco.—(Before the Lord Chief Justice and
Justices Blackburn, Mellor, and Shoe.)
WALLMiTEIN V. HERBERT.

6WAT&

This was an action to recover penalties for an alleged
infringement of a copyright in certain music in a piece
founded on Lady Audit?, Secret. The plaintiff is a
musician. and the defendant is Miss Herbert, lessee of St.
James's Theatre. The action was tried before the Lord
Chief Justice in Middlesex, when it appeared that Miss
Herbert had received the music along with other music of
the theatre, it having been composed under the manage.
ment of her predecessor, Mr. Frank Matthews, under
whom she claimed. The piece was adapted from the novel
by Mr. Roberta, but the music was composed by the plain-
tiff, and the question was under what terms. The
plaintiff's case on the trial was, that he was engaged
to provide for a certain sum a and and all the music
that was required, whether old or new. The music in
question he composed expressly for the piece. The case
on the part of the defendant was that, by the terms of
the agreement entered into between the plaintiff and Mr.
Frank Matthews, the latter had, so to speak, purchased
the plaintiff's brains, and that consequently he was en-
titled to all the original music which he composed for the
St. James's Theatre under that agreement. The plaintiff,
however, contended otherwise. That although ho was
bound to provide what music was required, the agreement
did not deprive him of the copyright in original
music. On the trial the verdict passed for the defendant,
j reserving the defendant leave to move as to the true
construction to be put upon the agreement between him
and Mr. Frank Matthews. Subsequently Mr. Edward
James. Q.C., obtained a rule to enter the verdict for the
plaintiff.
Mr. Serjeant Ballantine and Mr. Day showed cause
against the rule • Mr. Edward James, Q.C., and Mr. J. 0.
Grillits supported the rule.
The Lord Chief Justice said it was quite clear that by
the terms of the contract between the plaintiff and Mr.
Frank Matthews, the latter had • right to grant Miss
Herbert • license to perform Lady Audley's &era with
the mask. It was not a musical composition, but merely
an adjunct to the piece, and that under the circumstances
the plaintiff co'dd not recover in an action for an in-
fringement of copyright.
The other learned judges concurred.
Rule discharged.

COURT OF PROBATE.—MAY 29.
(Before the Judge Ordinary.)
GYLL C. GUI.
After oar report Wt yesterday,
Formal proof of the will and codicils having been given,
the defence was abandoned, and
Sir J. Wilde admitted the whole of them to probate.
He also condemned the defendant in the coats.

- - ----- -
THE POLICE COURT&

OtT;LpHALL_

Sir R. W. Carden brought before the sitting magistrate,
Alderman Allen, a case of fraud which, in his opinion, was
one of the most cruel that bad ever conic under his notice.
A few days ago • poor man waited upon him for his advice
and made the following pitiful statement :—He said his
name was E. Tillott, and he was a carpenter, living at No.
9, New North.street, Finsbury. For the last few months
he had been ill, and was driven to the extreme of poverty
by being unable to work. He had formerly worked for the
late Alderman Lawrence, and knew well that gentleman's
tw3 sons, who were now aldermen for the City of London.
He had always been saving money, and during the last 30
years had accumulated a sum of 2481. In the beginning of
1864 he was induced to deposit some of his savings in the
National SavinpßankAssociation (Limited), which put for-
ward a prospectus of a most flourishing character, quoting
opinion s of the press as to the public benefit such a bank would
be, and drawing attention to the rules that if one-third of
the capital (100,0001.) should be lost, the concern should
be wound up, so that the depositors' money could never be
touched. To that prospectus were attached as trustees and
directors the names of Sir Robert J. Clifton, Bart., Notts,
chairman ; J. W. Williamson, Eaq., 4, Stone-buildings,
Lincoln's-inn ; Thomas Riddell, Esq., 40, Gibson-square,
Islington ; Major J. F. Wieland, 31, Threadneedle-street,
City, and the Manor-house, Hanfield Middlesex ; and T.
Randall, Esq., Owersby, Lincolnshire (local). The in-
spector of branches was the Rev. George Swann, of Stat.
ford ; the auditors were C. L Lawson, Esq., F.LA., 14,
Waterloo-place, Pall-mall ; and John J. Purvell,
Woodlands, Stieathamhill ; the solicitors were Messrs.
Brady and Sou, 35, Old Jewry, City, 8.C.; and the clerk
to the board was George William Brady, Esq. On the
faith of those names he kept paying in his savings until he
had paid in the whole of the 241!., the last payment
of 101. being made on the 28th of May, 1866.
Directly after that the bank stopped payment, and poor
Tillott wrote to Mr. Brady respecting the deposit of his
30 years' savings, and to that letter he got the following
answer, enclosing a notice of a meeting of the shareholders
at Birmingham to wind up the affair, which was to be
held on the 2.3 rd of June then ensuing :—" National
Savings }lank Association (Limited), 35, Old Jewry, City,
EC.. London, June 18, 1866.—Mr. E. Tillott, 9, New
North-street, Paul-street, Finabory.—Sir,—Enclosed I
hand you a printed form showing that next Saturday an
extraordinary meeting will be held of shareholders, &0., to
decide w hat is to be done ; until then, nothing can be
done. We know that it is very hard for such as you to
he placed as you are at present, but then reflect that
if the directors had continued paying out, and had sold off
their securities, you would perhaps have lost all
your money, and how much worse that would have
been for you. At present you will see that nothing
can be done, and though we are all sorry for you, I could
advise you to do nothing but wait patiently till after the
meeting, when you will most likely ant back your money.
Yours obediently, Geo. W. BRADT." The meeting was
held atßirrningbam on the day named, when Mr. William-
son presided, and produced a balanoe-sheet, which showed
good ar.d doubtful debts in one sum at 42,0001., and be-
yond that a deficiency of 5,0001. He proposed a resolution
for voluntarily winding up the concern, and it was strongly
opposed, but upon Mr. M illiamson informing the meeting
that the money was lost, and it was no good in cavilling
about spilt milk, and that he held proxies sufficient to
carry anything he proposed, the opposition gave way, and
the resolutions for winding-up were carried unanimously.
Finding this to be the result the poor man wrote to Sir
Robt. J. Clifton, and got the following answer from him :
" August 4.-184,—Nobody can regret more than myself
that the directors have felt it their duty to wind up the
National Savings Bank Association. I have forwarded
your letter, and I trust that in a very short time the ac-
counts nifty he laid before the shareholders, and that the
depositors may receive their deposits with very small, if
any deductions.—l remain. &c., R. J. Currou."—
Not being able to hear Anything more about the concern,
or get say of his money, be wrote to Mr. Doulton, H.P.,
whom be believed to be connected with the bank, and
received the following reply : Lambeth, April 19, 1867.
—Sir,-1 am desired by Mr. Doulton to acknowledge
the receipt of your letter, and to say that he regrets to
hear of your loss through the savings bank to which you
refer. Mr. Doulton has not been connected with it now
for several year., and therefore does not know what pros-
pect there is of depositors getting back any of their money.
Every Thursday and Friday morning, from 9 to 10 o'clock,
Mr. Doulton can be seen at Hodge 's distillery, Church-
street, Lambeth.—Yours, he., Y. ILLIAN PATTON. Mr. E.
Tillott." From that time to the present the poor man eould
get no information as to how the affair was going on, be-
yond the fact that it was being wound up. He had been
for A considerable time ill, and was now in a state of utter
destitution.

THE EXPRESS, THURSDAY EVENING, MAY 30, 1867.

ÜBE LISTS.-(THIS DAY).

Al D !STOCK&