The Express.
London, England, 1858-11-09 00:00:00

UNIVERSITY INTELLIGENCE.

UNIVERSITY COLLEOR, LONDON.
The Osithert had their !Mt maim to the made-
ales! (area hie ay lest. Os the reporter Ibe Professor
ea Dowd PWiOy awarded in Mr. J snub Stletni,
et Orsidesrergesor. I..iftery Mr. Norge Leoirs romeork.
er Prim et PAL la the bee away es " TM Papaw et
Mmlipales se eathesta with the Pewees of Armory,"
bg lie Mesathe senses. Os the meet
ism{ 1 the Minim' balishishlye r (Sam
see Mweamies, Piehmes Weinae, Mares, De Mara,
rill Peem, with Jobs Power Rides, Nog, be. d Limb
tthOweullea, A.M., a dram red Anwar Odes, Sew.,
ellirlhs Calms% Cesare*, Is mtheasths, bah
Maw eisieste Co.,lse aim he the
anseb. the MK me swank/ le Mr.
Mabry% Y. Came- I! sedy, of Holt, Naha, sea
the MI Soiroloroldp to Mr. Jorob Bdobef. Oa Ow
norm of the Toesky of Meilisiee, the Leirrialle VW of 401.
for swims p.il tee, Is masa@ mil rearm me avoided
Or Mr. Polk Raley Nonce being
nosing et the pigment Mr., Aitken Nrory's rimy of
LOW he the Ismistem daiel.ebip is ram, • ewe-
laths me pawed verweler te the Parthey of Y.iade ?
• sdateme ismesalia he essethesties. K
A. Ibbars mama Mame es Dead her.
pry at the Osher sad amegees Darla the
Way, the Sid Deemba, hr the thmthales ler
the Jew" Mem ishiesha hampiediale—Dathisee,
Prime hths Pbthy Dam TM Deena hnhY Is
view the Imp Mae htheMeer. Palesel
le be model be VMS, r the slide
shed Dram, he NM sake-
shed the ispiellbeee of • yew's tames of the Diewhe
he d (Oh.) is she mime he the Rismie Litany at semi
pithheetheis, Des sal heilis, ak palled . •
area km the isle a the (Mho es the saw
by the haft a the am*, eeepains saw&
lae
=Ye sets wee vessived. sad alma si be mmessi.
aced te the ham at the IhMumlly sod M Cemessam
Autheetty was elas se 4 Ow • ammo the lesi ems
se the MIR hew. amen the mean of the sera wag,
Is seder is ether awe usemesasass he the la-
assied, ma all Yea ailesmithe dIM Cello&

taw Indllsgnict.

EQUITY OOURTB.—Nov. 8.
(bikes the Lard Closeslke.)
ZOLT fl. ZOPIDISON.

nil was an appeal from the Nuke al the Rolls. It ap-
peared that Mr. Merles Jaime Yam who ie the eon-in.law
of the plaintiff, Mr. Peter Bolt, carried on a very large bed-
sees se a shipbuilder at Blackwell. Els bankers were the
Commercial Bank of Lomios. On the 20th Jewry, 18.56,
be messed a inertgege to the Commercial Bank, by way of
nearby, es wall for the amount then dee by Wes to the
beak se for ell future advisees. up to 20,0001. Of this
tremeetion it wee alleged that the plaintiff had knowledge.
On the 12th February following, Mr. Mare executed a deed
of smears" of the same property which wee IneladslM the
asenrity to the Commercial Bank, to the plaintiff, to some
the amount thee due to him, and also to ware foams M-
enem ; but no sum ma named is this deed as to the limit
to which it should extend ea a mouthy, bet it wee eleraped
with a stamp which wee milkiest to cover 30,0001. It wee a
question in the cause whether notice of this
wee given to the beak, but the Muter VI
Rolle wee of opinion that the evidence Mewed
that such notice was given. Oa the 23rd of July the Cion-
marital Beak advanced 8,0001. to Me. Mara, as the seesdty,
es wee alleged, of Omuta adore for the payment of Lieeeeaell
wale dos from the Great Welters and Booth Weise Rail-
way Campania. In respect of oemeht semen-bosto which Yr.
Ilan wee building for the oceependes, bat they ultimately
twined oat to be of no valets. In these oircumetwas the con-
dos aeon whether the planted*s mortage'wes not entitled to
pekeity over that of the bank. The Master of the Rolle held
that the pitied/ wee emitted in priority la mimed of what-
ever wee due on Ida mortgage at the time notice wee given to
the beak over edema@ mds by the bank subsequent to such
make, and he made a dune ectooedingly.
Tbe present mmal wee then brought.
Mr. Palmer, Mr. Waller, and Mr. Smith ap-
peared kw do plaintiff ; Mr. Loyd and Mr. Taylor were on
the other aide.
Mamas la sot cowhide&

Veinskr.)

TIIOIIXIII IP. WILOX.

This matter carat before the court as assaral 081 Waft
eat at the will of the testator la the easy ass et which wee
of astee latereet as regaida the vandlty.of aga.M. he limas
catholic priests. The testator, the late Mr. ohs lima& et
Levitated, ta the pariah at Clapham, la the Walt Mb. et
Yeetelve &abed by Al. will ea isms sells" lamas" sad
tee avowals spa It abla swam rem N sell end die-
pees at the awe, sad Se pi/ the prank lagother with his
/al veal% Is hsaesi, mad tests-
maiesty expame, era wads *pie. mil If say surplus
shade revel% La the taws to the rWidow of the
Isom oaths& se iffaisl. The Wens the
seen vas, diem vas • *vet to •drift, lel lbws-
Sri as sepal lie led nib% veld by the aftlel•
__

—kb Namara WI II apposed Is hit yes ojmin
awns b a daft. Tits
Iss
aka to tilts
ab late at ea Zama makes t at drr
limbs As etas dswag garb dawn Its NOW sad
pass sf•
slistssesds. MI sink disslisd Ibis that
••• des* • sindbibb gat, me, et MIMI% bake • dories to
• slissity_ , veld by dr swab Tbs testator
tan amid tins Sys silsnosiso us mills tolled Bow-
sisokssit his”smil Mole, Is Imam as treat ea pay
Mae awl ippa at sal la map mph. fa Os thisraisimar
d 1r Imam embalm droll i =mid Thin Isss • gift
bid es as lidlvidurd bib • prom ids ilisold bold • oar
Isis sem st • mink dm. if. INK dais, last tids
ear dr • gift to • ebtrity, ind so tsr as MOW to ON roll
golds me void, but it was good so tar se ripsaw:l the per-
sona ore&

Mr. Mere sad Mr. Malay Smith amazed for tits plain-
di; Kr.(Wiakane for the AtiornarOaesnal , and Mr. Nelder
W lb. Wakefield for dim parties intended.

COURT OF QUKEN'S BENCH.—Noy. 8.
(eittlap 12 Beam—Sabre Loed Campbell sad hulloes
Wisthem. I* sal RM.)
IN Till MATTI& OP WILLIAM 0011BITT.-APPLICATION

FOIL • 1•21•11 MUM&
Mr.. Cobbett made ea for a habeas co
with a view to obtainiag thud her husbandrgit
prison, on the same grounds as those staled by her a tew
days ago in the Court of Comae Pima.
The affidavit on which she sat Med having ban rid by ass
of the tosaters,
Lord Campbell acid--Tic affidavit only discloses foots upon
which we have already give our judgment. No new fact is
disclosed, and we are sot dessMided with the opinion we
formerly prosonseed, that than, is no ground for the appli-
cation. We thermion manet haat you again.
MrS. Cobbett—Bat the affidavit clearly shove that Mr.
Cobbett Is out of lawful custody. Mr. Justice Crowder ham
met him to a Woes' gaoL
Lord Campbell—Yre. Cobbett, we are disposed to dad
yea with all tenderness. We an folly sensible of your Who-
doe foe your husband, sad of year desire to do whet wit be
of service to him, but really this matter having been carefully
considered by the court, and the court having given a de-
liberate judgment upon it, we cannot allow the application to
be renewed.

I —Mrs. ecriMett—l want to know whether the law of the
country is not etrong enough to release a awn who boa haw
dalair Imprisoned ?
Lard Ceemptal—We are of opinion that he is lawfullyl Im-
prisoned.
Mrs. Cobtett—Mr. Justice Crowder km susgemlol . the
maiset
Habeas Corpus Act in my husband's case. My Melo,
ilialiet ~paid that sot without incurring • ponolly of .
Tbe law pruritic. that no man shall be kept in
prism. ilky husband has brought an ineden I. perms ter
pass and tales imprisonment, and he v Is anwleet It
is permin in • court of justice. Is lis tie le `pt In pram,
totally without • remedy?
lard Campbell—A duty is imposed apes es In Sohn are
Mist the public time is trot wasted.
' Mts. Celitett—Wl4 too, my lord, bens to oseephin of lons
el Mum My husband was imprisoned Mr 12 pears to the
sok of " Oldlidd v. Cobbstt." I ask year lerdslips to my
whether it I tee law of the bind OW a num shall remain in
prima sad sot be beard t 1 einspide Oat ye lave bass do
pored ot joetee, sad utterly seedessi 101 l destroyed.
Lord C./option—WO sin if origin that the Li no ground
tar the Applicata", mad we aunt now proceed with the other
beeleate.
Mrs. Cebbstt thee lea Se amt.

BAIL 00IIRT.—Nov. 8.
NM. at NY Prba.—(Dobta Yr. Janice Crompba sad
Noose Jobs.)

V. ALTOPIP.

Tbeferther hearing of di ere weeressmaid it the sitting
rf the soon, and the examined's al the theses= for the de-
fence wee proceeded with.
Auguste O. Alto& son of the dsitmleat, rid—ln Aprfl last
the plaintiff celled to sok Jest the ape a.t.. I add' bow
the tent would be three ramie m week. She mad age la Is
May. My father we. mews& 'the agreed Is give the
three guineas. I abed kw a rehreses. She named Mr.
Davis, 480, Othard-street. She said the would MT* a
Pm& servant end a page. I went to Othord-serest. I maw
a reas who represented himself to be Mr. Deets.
It is the per.on who was examined it Ise
today. I prepared as agreement. It was gives
to the plaintiff. I did not me kr wham the muse
to take poessesion. On the Tammany Biter I wasitesesed
when my tattier took her the bill for 16,. kw Nod. She said
the would not pay a birthing. My tabor took how
of her arm sad asked her to let him path They
ware le the beck room. The menthe he testesa
her arm *be let herself slide it the seeps& My was tben
went sway. I think I helped Mr to It Is set Meg
that my father dripped bar hem the roam M star.
did not touch her except to lift her off the mead. No-
thing was said about throwing her 401111 edit, OM mot
hate the front root., and mt on the sola Ism the whidew sad
soretheed out "Murder." No the wee tossideg bar. My
father had goes down stairs. I did not see bar dries torn to
the least. neve were about ton doses brdthe ol here in the
room. I behave they were reennved down stews. She took
them sway when she left. It la not true atm waa locked up.
ffha might have come down my time she pleased. The
celled shortly afterwarde. He cams seek Omni
dm a' • sad served the writ on my f. .r. The plaintiff
sad the clerk west away together. She walked down stairs,
sod did sot require say misistanth 8y sever paid my
lather • pansy. Her mother raise, hat did not so tn.
Coosaeerstalned—She could have let any person she liked
Is. A Mr. flume earns to the shop and asked for her. I
told kin to go to the private done. The knocker wee taken
off. I do sot keno who took Ad!. I sauna recollect mistime
I saw it done. I did sot know her plate was taken off. She
did em sib me whore the door-plate wee. I don't know
whether it wee thin gnus. I told her to look. I do not re-
ediest whether Iteak.( the knocker. I will swear I did
am 111111110 the Olio. I weft Mr my Mar, bat I do set Uwe
YOs Irma Os the issedey mentag I was going up stairs
is Lab bray team whoa I bled taking to the plain-
* mid I stopped te them I de set reooliect whether I
=Mthe Is Mr. I m her west tato h room to
r up, sad I Wok she was making the
bed. I swear I did see Mil Mr. thane that so one could
as. bet, or that so mak pesos lived thin". when the st-
amp clerk sand I told him she meth as.. dews V ehe

Jan G. Atka meld —I told tho plaintiff her rehienoos very
not seeleibelory. and that I rhould require • arrenese. She
inenel a Mrs. Smith, Bedford-rquare. 1 salt net led any
.malt peenna. 1 aged for a reference to her tradenesa. Ohs
retneeL This oourenation wee after she num Into way
reams. I, en the Saturday, omeniled • Mewl, end Mew to
&sated my ma to write the Weer of the 164 et May. I
MI net ewe her spin till the likaday. She seat ter tae. Her
swam wee with her. Mee rhea what wee the of
my new I meld it., nehmen would not de. and Teti
Nee pee he enearfty I ehneld dries te eirn Ye WM.
Malik She rid she weehl set I told ha she
led beefy pay and leave. Hro 'Whim bit the table and
shall
the
cideriershdl net pay I then
ha es arm Oa the wireing I hewed lb. bill
te be nob stet I wet boa heir ensweii. Übe wee
ehaelagjeut hide her bedew' dew. She add elet wade
set pep me a hathlsp. I wad W it, bel-tweea. I maw her
bentak a Null teem. I teenied the hey is the door of it, br-
indle. de he lee hem up. I hewed lewerle the deer to
se eer. She weed hderr it end obi to puma me. I took
MY of bw ora. Ithe ss eameassuriad M Immet dews.
My we and the =mat WWII shim I meat away. I did
not !mane any et bee deep. I kept the hey a/ dr

room in whack her boxes were for half an hoar.
then sort it to her by my sm. I never struck
at her. I never touched her bruit. I said nothing about
throwing her down stairs. I never looked her into the draw-
ing room, nor did I fasten the front door so that abe could
kwnos= ft. Her math, mane in the course of the day, and
at *Moth Thermsa nothing to prevent her daughter
coming down to open tt, es the wm 'handing at the window.
Her mother spoke to her in German thd told her not to
three down aid open it. I remember Kr. Bator coming.
There wee nothing done to meant hie going up stairs. I
took the knocker off homes the mother of the plaintiff wee
knocking violently at the der. I did not take the pre off.
It was taken off orry day. There was a bell at the door ;
the knocker was broken when I took it off. When the
clerk ems I told him I did not know hint, bat
aturf.tr. Lewis came he could go through the shop.
Crom-examined-1 did not rakes to let her come down to
see him. It wee her page's duty to answer the door. When
I looked her boxes up I wanted her to go, but I wished to
heap her boxes se a guarantee for what she owed me. The
cook woe In the room when I went up.
Kies Abel mid—Os the Monday evehing, between 10 and
11, two boxes were brought out of the room. Plaintiff's
mother and brother were taking them away. Plaintiff had
no bonnet nor shawl on. One box was about a foot and a
half long ; the other larger. They were the only boxes
she bad brought with her. I said her boxes could not go
out, and her mother asked did I mesa to stop her. I said
Ino ; she mild not go out. The mother mid, Hy daughter
does net want to go out ; it is only I want to take the boxes."
The phintlia said she did not wish to go out. She said no-
Wog about got gto court es a lady. I opened the door and
add they bad better go out. I Was not peasant an the
Tuesday morning. There was not more than 2s. ad. paid
he Ihthg the door plate.
Mee Saunders, who was with the defendant at the time,
said she was present on the Monday night, between 10 and
11, when phantiff 'a mother mated to take away the two
bme, Midi were the only lathes the plaintiff had brought
wish Mt. She oohed whams to help in their removel, but
she destined, end celled Hies Abed, who said she could
net lot the boxes go, bat dot plaintiff sad her
marker alight. Plaintiff had neither bonnet nor
shawl en • the mother hod both. She wee is
plaintiff's ism en the Tardily meat& When Kr.
hied( cease In, be went at ease and lacked up the boxes.
Plaintiff wee ateadlag Winn the two doors. She said the
would make him pay severely kr locking up her luggage. He
said you had bettor pay and go, upon which she replied she
would do Mar. She plaited homif before the door, and
would not Ist him pass. He took bold of her. Her foot
slipped and caught her dress ma tore it. He then went
out. He did not strike at her, ace endear° to force her
down stairs. The man who put on the plate called three or
I four times for his money. Hie charge wee 2e. 3d. or 20. 4d.
Plaintiff wee not lotted into the draving•room on the Tues-
day. The front door was only fastened by the latch.
Cressmiethad—lhe removed some of the plaintiff's
&hp from the room down to the shop by defendant's order.
They were dared on the floor of the shop.
Mr. Powell, clerk to the plaintiff's attorney, was then
and salted be went to the defendant's boom about 11
Itioan the Tuesday. The knocker was of The defendant
wine eat °Me .bop, and salted what he wanted. He mid
he meted to see Moe Lemma. Defendant told him be could
not. H. then went away and returned about 10 o'clock
with plaintiff's mother. He nag again. Defendant cams out
of the shop and asked what he wanted. He went into the
I shop, and told the defendant he mine from Mr. Lewis. He
asked to see Mies Lenten, and defendant said not unless
he paid a week's rent. Ha again asked to me her. Young
Mr. Alta said he should not me her, nor should she came
antto Ithel
Kr. !tutor, town traveller to K.ath-m—gircitir, perfumers, stat7—ed
be called to see the plaintiff about 3 o'clock th the Tuesday.
Ha het nag at the pelt ate door, but getting no answer ,he
went to the shop and asked for Kaduna Rachel. The
=ewer was they ksew no such pones. He alto rod the not.
he bad received. and they told him to go to the hones ; and
he nag the bell, but it was not answered. He saw plaintiff
at the drawing-room window. Sloe appeared to have been
crying. He then went back to the shop, and he told them
ft woe n their business.

Tits plaintiff Irma moaned, sad aim denied that her mother
led advised her not to go sr pay. She amid not speak
German.

i#sek wee recalled, and stated that the amount of his
tan woe U.
Mr. Temple end Mr. Junes having addressed the jury on
behalf of their nepenthe clients,
Hie lordship sonuned np, and the jury retired. On their
return into court they gave a verdict for the plaintiff —da-
-161., In addition Io the 61. paid into court.

COURT OF COMMON PLEAS.—Nov. 8.

Nifty la Basoo.-03daro CbMI Jaatios Cockburn and
Isadore William, Crowder, and Brits.)

COMMTRO V. ORRINo-A, ROW AT EVANS'S.

This was an motion to recover damages for an eassult, and
was rim= t"Ziaa.lll.. C and Ys-. 1). Seymour appeared for the
pLdniiff ; sad Xr. ffee-jand Ballantine sad Mr. Raymond
for the daineleat.
The pitintif la this one is an army accoutrement maker,
mad ra himbat I. the proprietor of Evaas'e Rotel, Covent-
gsadsa min alt in questisa wee eseenined under the
oircenalnen ffelidhd in the hillowbg ief a :
Carring, the veined; sue esdee and asid—Predocia
to the 106 X June
iagfa this yew the deriders and I had
had a rahumlerroad. Oa dr 10th ;ails akidelegt. I
want and send it see re Ishieffash I " There hr
a - ealmadreraffinif beams us—wbetter
unwind." Ho rid, " Time are a May rung bbarguaed."
I we* " Ten ewe the bluer of the two. I went away and
he Mewl.itto wenn re mews, and maying, "If you say
that to me *phi Ira Mil year bed." I said, " Your
ardor bee been that of • dirty leinhenad." I was going
uptake Mat twined tinnil, whin bandend • blow which cut I
my assn open and air or my ore. It broke the cartilage
of my aid awl hr weakened way eye. After being stunned
sad lessienhoy unman I or wird my eyes, and flew Mr.
Glyn beim. TI wee wig tows to him when • welter gen
me aasiber blow In deem pros. I wee ramrod from
ataindlog berms for mom then a math.
Cresnormleall-1 wee mbar. I &meld say I was sot
the WIN he veer. To the bast of my ova knowledge I
Wiwi I nee giber, I beg • wide-awake bet on, not •
eafirehe bet with ribbons aftearing from it. The original
quaint was throe year aim red there wae another eighteen
menthe ids I bad bra awaited before, and I went to
beset& Gram say why he did it. I had not attempted to
IMO m><y Wayflllathil !OM eighteen months before is •
ante ibrannere. I was not refuted admission for
and I did sot stay outside and meets a ills-
turbilimistleaum. woo refund admisioa. On one occasion I
meat after I had been dining at China's. I
was refused adenisaios. I did not be down and
make • diatartance. I and all those on the stain Wan
pushed oat by the waiters amd tbe pollee. I had complain-
-ad became I err • mss Wag knocted down by the
I warm. On the 10th Ism I ray lam " Green,
yos'ne • oarandreL" I don't know that I did. I did ffy,
" Trir a dirty bleeeksmad." I eireedaly did not y,
" hal what la more, you're a eociandrel."
Mr. Jobena corroborated the prima's evidence u to:the
aeralt, end Mr. Pay rater, a surgeon, who sew the plaintiff
at the swim, proved that he had a bad block eye.
the plaintiff's own doctor, proved that he
bad attended kir far some de s sin the mash.
Xt. flarjunt hallistine addressed th:= for the &lea-
den;Rob sad dra peearsi dr fehawkeg
ert Idebare, the many talne sit Htaifss, proved that
be beard the phdatiff mall tbm affendhent •
bir. Jobs Grain, the dolinhent, rill—There been the pro-
prietor of demo'. for 16 yews, and with the basi-
ns@ the,, for wady II yearn Oa the MI6 ffark, *sicken-
tiff said, " I west la era Y Tx deal • caw-
bases that look plea lOW time ego." I ma, " Tea amen
MIN be vi raking a drawbars. and I will ham se-
=say to yea." lb oalled re • womiii, mil I ha-
mar is manses part of the wen. H. fillowed
re, and spoke oa ray het side. Ima lutes OM ilk, sad
be walked to the other aide, sad ail loudly, " Green,
you're a I bail net adied him a black-
guard. He wall teem& tbe hoar gig several times I
was. ammadreL I fallered him on to the ergs, asking in what
I had dirled bin that he shah! annoy me, and
be agar eeparall that I was • " nomentral," sod a "
scoandrol." I dun immediately hit streiglit out, as herd as
I .said.(A law(*) He struck at me, end then the waiters
can INM iber sot to teeth him, bed to fetch a pars-
ons. As waiter dna Wes.
Crumieserined—Tbs *WI yes desk, or drunk,
there is • vocabdery of druakenwer. (A laugh.) The
plaintiff err in the went arta of therhareen
Mr. Chamber—Then he we. dealt-imintua. (Laughter.)
up Mr. Ilethent Badanihr—l nut yea won't put your Latin
on my chat.
Whose-4 bsd aningle d ihat at shed. The plaintiff
yr odor,* Irak.
A waiter was called Irby vapported ems part of the do-
hs:dm:Vs iselfresay.
The jury, after oceeldering the matter for an hoar, found
a modal for the plalatiff--danages 101.
WAIST Or iltraovlXENT IN TM! coca?.
Mr. Znadoe Wale', addrereino the jury, said be hoped
that before ling there would be an improvement in the
mart, which we. very much seeded. One of the advantages
of oral testimony was that they should we as well as hear
the wialsomakhell the witnenbox in this court was so pined
that Uwe:aid bat imperfectly en the whims.... Ile bad
mentiomed It beton, but his voice was too feeble to
the Abet off anon, the construction of the court, cdpr
mac the jury—who did not care to be nem—in soma other
Len of the wart, and putting the wirers, where dry maid

iord Islitalas—Bat esensi like 63 me Os
N.' , Iran Willne—Thst in • author of tests, sad the
etheret moronity.

COURT OF EXCHEQUER. —Nov. 8.
(Maw in Basiera—Before the Lord Chief Heron, snd
Harass Marl* Bounnell, sad Watson.)
011126 FWD OTKilte O. TIN LTTNILTOOL DOCK 11117STIENO.—

a UDO II 'XT.

Tb. Lard Chief Ildres delivered dur joirensat of dr smart
fa this ars. Do asidi—la this cankwlldmi_ires tried isles

&tea Untie. W AltorTata peasant' athed ea leiuday far
a athr NIA ea three grani—ine, ea the theaall tab-
dindks, dal, lama thb, aloft pafflasdaa
of astir led ban peppy left I. Sil•jll7 ; OSlOnft, OS SO
MO MOOS ; aled, thirdly, ea ellidathas
We ea ell of *mks that the ddrodrethe are to •

role with respect to the affidavits, and oe them alone should
them be a rule to show cause why there should
not be a new trial. The affidavit of the defen-
dants' attorney states that he was takes by surprise,
and disclosed circumstances which undoubtedly entitles
the applicants to a rule to show cense, and that is all we will
say at present. With respect to the dhvolion et my brother
Martin, we are of opinion that it wee perfectly right, and
that there Is no ground for disturbing the verdict as the score
of misdirection. The point taken by the Attorney-General
was this , that there being • plea that the defendants had not
had notice, that should hare gone to the jury, with mean
directions. The real question disposed of at the trial was
whether the vessel's progress on entering the docks was °h-
elmeted by a heap of mud or a mud beak, by
which the cargo and the vessel was lost. It
was • point of fact sworn to at the trial, and
believed and found by the jury—as notorious as that
to a person walking at Charing-cross there is a statue of
Eng Charles—that at low water the trill of the dock was
'MUD. No ens was ignorant of the fact, and we moot
wonder that Mr. Edward James, in conducting the use, did
not insist on the point as to the notice. lam not sure but
that it would have been very unwise in him, and very dis-
advantageous to the owe of the defendants, if he had made
that point when the principal iseue raised was whether a
bank of mud existed. I doubt if, under such circumstances,
so skilful and accomplished an advocate as Mr. James
would make such a point. With regard to the
verdict, I think it was something like this—" First,
we find a verdict fur the plaintiff;' and unless
that was accompanied by some absurd mum, or something
which would satisfy the court that the jury took an erroneous
view, they ought to be satisfied with that verdict. The jury
had accompanied the verdict by laying that " the evidence of
" `sagging' having failed, we find a verdict for the plain-
tiffs." This wee vitiate:Melly saying, two causes of the acci-
dent have been suggested, the evidence as to one cause has
failed, and therefore we attribute it to the other. In this
view I think the verdict wee perfectly right. There will be
• tale for • new trial on the affidavits, and there will be no
rule on the other grounds.
Mr. Baron Watson said he had carefully reed the sum-
ming-up from the shorthand-writer's notes, end he was of
opinion that Baron Martin had left the point fully to the
Joey, and there was no mason for disturbing the verdict on
the ground of misdirection.
Mr. Boron Martin wished to state that he had pursued in
this saes the course which he always should follow, namely,
of the jury what was the issue they had to try, and
*ea their verdict as they planed to give it, without
them as to their opinions on the different
Rule sad accordingly.

NUNSLIY, ADMINISTRATRIP, O. TBl ST, 010505'S
ASSURANCE COMPANY.

Mr. Atherton moved for a rule calling an the plaintiff to
show eases why the verdict which had pared for bar at the
trial for 1,4401. should not be set aside and a new trial had.
The melon tree brought by the plaintiff as widow and admi-
nietratris of a Yr. Huntley against the St. Georges Inear-
'aceCompaoy cm a policy of ituntranoe for 2,0001. It had
been tried before the Lord Chief Baron at Northumberland.
It appeared that the deceased wee vegetarian, and the
ground on which the action wee defended was that there was
fraudulent misrepresentation. The verdict had been found for
the plaintiff, bat the defendants now moved for a new trial on
the ground that fresh evidence in support of the charge of
fraud had come to their knowledge. They bed discovered
that the day previous to the personal statement of the
deceased to the insurance aloe he had consulted an eminent
physician, who expressed an opinion that be sou suffering
frm disease of the heart and kidneys, but in point of fact he
wee saffering from Bright's disease, or alburnenera, though the
medical gentleman, in the then state of his patient's health,
was more ressrved to him than he was to his wife. Dr. Fife,
who had apphed the sense test to the deceased's urine as the
other med.W gentlemen, tray of opinion that it was Bright's
dimes _ _ _

. The Lord Chief Baron—Dr. Fife stated that the appear-
am* al the albumen might have been funcdonary, not
organic, andhe also said that a person who was a
might have albuminous urine without having right's
climate.

Mr. Atherton proceeded Wry he visited to have liberty
to amend the plata, eo that the defendants might have the
full benefit of the fresh evidence they had discovered. He
then read from a photograph of a latter partially burnt,
written by the denealed's wife on the 9th of May, a month
before the palm Ins effected, in which she said, "Mr.
Huntley rays mid for the hat two years that he had

Yr. Biuva Bramwell—You might have amended at the
trial.

Alharion—My lord would not Ist nu erred except on
certain time—paylng the costs of the day.
The Lord Chid Baron—Nor oould I now.

ITZ:BIZZZi«,;10;:ii the 1;;a: then which you
are now willing to Mks.
The Lord Chief Bum said that, the learned counsel hay-
ing refused to amend at the trial, he meld not now, having
takes his chinos and failed, do so. With reepect to the
other portions of the learned counsel's applioation the court
would tabs time to consider.

SITTINGS OP TEL COURT.

We ere requeeted to Ms* far the information of atitore
and the public, that the sittings of this court In Banco on
Mondays commence at 11 imaged of 10, as Mated in the
Law Notices."

INSOLVENT DEBTORS COURT.—Nov. 8.
(Mors Yr. Caessnisrioner Phillips.)
IN RE 010101 DRLIANIION CLARK.

This tees, which has been frequently before the court,
again cense on. The insolvent had claimed about 18.0001.
from Mr. Kennard, of Thames-street, in respect of the Paris
modal lodging-boom. Tim claim was denial, and pending
en eetka whisk the insolvent had commenced be was
ordered to file certain amounts.

---
Mr. Bargee& appeared for Mr. Kennard , and Mr. Sleigh,
with Mr. Lai, supported the inesivent.
A discussion arms as to whether the order of the court had
Men 'mmHg& with in the account' reedited, and eventually
the awe mood ova far a month, end the matter was referred
to Mr. the to motrtsht whether the order
had hem syted, sad whither the amounts Win comet.
The insolvent was allowed to remain on bail.

TN 11 13IIIIN DAMSON.

This tin application to commit an old lota of 74 to
prima for not aceontinet a oonvityenot of some freehold pro-
perty to the easisnea
Mr. Dowse tree kir the aoripae, and Mr. Breynton fur the
itualmat. _ .

The Oliel ems had been a mall shopkeeper at Annitage, in
Btallnelehin. Re wee 74 years e/d, and nearly a cripple.
His wife wee a lunatic. The poverty in tpiestiou consisted
althea* small *Weeps, 'Melt were of the 'slue ri 2a. a week
seek. The insolveat's sons bed rebuilt the cottage@ on the
ground left by the testator to the Insolvent, and all be was In
the receipt cd wee la. 6d. pm week.
Mr. Coomnissfeeer Phillips mid it wee a miserable ow,
sad be amid net reeks an order. The matter might be
thrown lute Chancery if he did. The freehold property wee
very trig*, end the insolvent 74. sod his wits a lunatic.
What ceder could ha maks in such
_a came P

"Mr. Dowse said the assig;s;;;lonly does his duty, and
the rule night be discharged.
Mr. Breiyatra said the old man wee satisfied to hare his
la. 6d. a week for the net of his life.

TL. Titi;;;clirai;W: