The Express.
London, England, 1860-11-23 00:00:00

FIRST MIDDLESE3; LIGHT HORSE VOLUNTEERS

A meeting of the members of this cape wee
held List sight at Willis's-rooms, far Use wpm of MD-
lo!ting the arrangements and awaiting • day for drill -
Major RK11•1001011, of the Bawl Inmedeni, presiding.
There was • large attendenne 01 esembes, and et gentlemes
who ordeesplated joining the rape, babollai Count de
Gendre, Mr. William Bode, Mr. Bowes Ilk Mr. EdmundTattersall, Mr. e Grose, kc. The eledream said the
corps was • called the Laden light Hem Veins-
teen, bet it bed bees esespted by her Majory se the
lint Middlesex Li& Bens Teliakiers. The tenor
name wee objedd le sr there mum in 'paktum, an old
regimeet herb; the eras dusigektioe. That regiment was
in annum, bet st bed never hem disembodied, end the &rho.
ritieediought proper to give them the rem he lied madieued.
He hoped they would sow premed es speedily as pemMile is
the dial aiisaissuce of the corp. tie the the d am-
bers then were TB er 80 =awe, and he believed inaggesere
would be mend Wore loam. The madam whisk the
corps approved ef it $ tenon meeting bad beim =budded
to the authorities who, be wee sorry to .7, lied
of it. They admired its nerwereued emmeeny, butainredst
lace was their rain. The merdieg wadi reselled tint by
an order of the Ilurse.Guards soldiers of the molar sow
were required to rakes adorn of volitnimene, gad the
authorities thought that with the sillier leas mi the milker
the privates in this volunteer naps would be mirth= by
the rrgulars for oaken. The omunitties Weeded Is sub.
atitute for the liner lace white ward, with $ small
edema; of red braid, which would leek very petty dud
make the drem much lees expenderw l'hs silver bee
round the cap wee also objected tag mud imbed
a white silk band would be used ;while while weeded
atrpos dont the trousers would also be siebeelteded
for the silver hos, formerly peepered. The rides bed'
been draws up from thaw of die cid Lemke Light Hone
Volunteers, but they oostared some adder= et his ewe,
which he deemed necessary fur the discipline mud efilreacy
of the corps. The uniform wee thee submitted to !the meet-
ing. and, after scene disetaisioe, ultimately adopted. The
rulea. imbuing mie imposing a fine of H. for preseatieg a
carbine or pistol, whether loaded or sir, at another ; sad
aspdtber rule, leaking a fin of 10s. for talking cm parade
Of at drat were subesquently agreed to. The amour sub-
scription was find at gainer, with as addrimel guises
for entrance fee, to be paid by those jooug the alter
the let of January met A ousamirwa of
Merry Treenail, Shepherd, B. May, Boyle, Greed, and
Needle, was then appointed, had it was eamaimeedy
that Major Richardson should be commanding aßeer Vs
cone until his return to Ina.. The meeting thes sopa/Med.

IlAb InttUisout.

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smartie Letter prow Printing), be lb bearing,

EQUITY COURTS—Nov. 22.
(Moro VierChmellor Sir R. T. Kioderdey.)
pious IP. TER MIDLAND RAILWAY COMPANY.

The Vies-Chsecellor pee jmeeit in this case, the ar.
pmeets in which were coneladd yesterday. He end the
bell was sled to enforce the specific performance of an
agreement, and the ecoteetio• on the part of the plaintiff
wee, that the railway company in estimating the quantity of
leesi which under theagreemeat they shouldpay him 1,0001.
an acre for should Oriole the site of sorted reeds intersect-
ing the lead, and width the railreed crones oa bridges. As-
suming that the see of the reeds belonged to Mr. 1 warn,
that we. merely • noodnel ownership, sad be could nuke no
me of ft easept ter edam The needs' which were sent to
Mr. lagnue, with the plans accompanying them showing
the porticos of land which were required for the construc-
tion of the nitway, omitted the roads. Those notices were
served in 1845, and it was not till 1853 that the plain-
tiff demanded that he should be paid for the
roads. Now, it was evident to him that when
the agreement was entered into, neither the com-
pany on the one hand, nor ldr. Ingram en the other,
conceived that the sal of the roads belonged to Mr. Iwsm. ,
nor was it their intention that the roads should be pad for
He would act may that the true ocinelir adios of the wee. of
the agreement was not as Mr. Ingram contended, sad if the
plaintiff were right he would-be entitled to ems 7801.
the quantity of lead taken, complied in the reeds, being
about three quartos of an acre ; but warning that to be
the true construction, he would not decree Teeth=
formance, because that would be doing an injustice
the company. This court would not decree specific per-
formance where doing so would work out injustice. He
should leave the plaintiff to his legal remedy, sod if the
plaintiff were right in his constriction of the be
could recover every farthing that he demanded an aetion
at law ; but be would not give him en equitable
sod the cause be should take midi be to dirndls the bill
without costa.

(Before Vice-Chawellor Wood.)
VAOGILLN V. ns BOLTZ lONIOPOL/TAN MUTINY
COMPANY.

Tide end wee iastituted for the purpose of determining
the of the iseunibmit et the district chapel of St.
team, ' wow burial fees' nibble by the de.
fesidsata By
tablishing tie easetery company
eartab fees sae Amsted to be labia by them for the book
awl to be paid to the Mamboed at fit. Matthew's, &Woe.
After the pawing etthe Dale Cceopeaire Ant, the parish
of Briztoa wee &aided by the formation el the district in
which the plaiiirinskliesnabent. 'The order in council
direetiag the tormalion stilts dhlrict provided in the usual
=thelegmast al mislimes and burial fees for the
he the &Mel in
The
Viee-Chaareffier, after eastiag the fact, said that the
dlillealty arms between the of the Church
Hallam Ade and the Comma s Act, in this ewe. His
Bohm minutely compared the clauses of the two min, end
came to the conclusion that the plaintiff had eutilcieatly
made oat his claim, sad decreed emordiagly.

Lam.

THE EXPRESS, FRIDAY EVENING;.' NOVEMBER; i23i

right had been mink hoverer, it wia for the*dm to
dotersoine, sod Ail mart ioould not my that tboy ein
WOG( in the conelookm they had arrived at
Arnaud dloimad.

LAOSIOOIIII. APTILLAST, V. TIM CIIIMIIIIABFIIIIIII OF
ITIZOFSWIWIYOUTS, 111161.011DIFFO—OMMED clionii

The spulleat in this cue was a Quaker, sad he had been
seasaraed before the iseigistintes for three thank rat*
which he declined to =apt that the rtes had sot
beim properly ode.wpa the peva eat the
meted. mode ths* the amen wee net May
Thu Pintoes, however, MA el opinion that
the rates were good epos die bee of then, and they
aide an order spirt the appal* elan that they de-
chard to Mar upon the maks of the validity of the
ease as the ground of the awl einsaiden of the saint
vestry. This decision wee now appealidepleet.
The Lard Chief Justin* aid thus the seteelnd been made
Wen the sicelleat, sad he being a gear had been
suirmord bare the imeedeleates for non-payrearat, ender
the 7 and 6 Wen 3, esp. le. sea 4 ; and had then awed
be* fide eau* melees eirjeoltens to the valley al the
ales. The amisternes made ea ear ler thz
men el the rates, seat a ere fei the
of the court ; the question for to decide being
..4=at was liable to all or say of the rate.. The
alleged that the 7 rad 6 Wm. 3 gave jurkslio-
Ma to the petime, sad oast a army epos them to make the
older ear the einembaess ; rad -they untended that
Qualm were to he left to the dales of two justices in
rams, to anal Ma, whilst the Net of the sommunity
might have emcee to the Issiedesdoel Charts. The
statute of Wes 3 recited that gas* fun pretended
scruples of ameieure, refused Ia tithes and church
Met, and mad that two palm st ramine the truth
and judos d swab completed, iwhen was sae, read
=farce payees* It wee eagerly Improbable that the
legiature- Intended to deprive (Pokers of any lepl praise-
d* to wide& other perm were entitled, and the °Meet
Ism* to be that the ompuldes et the puttees should be
and to the me el refusal to pay from pretesdel scruples of
conatenoe, and that, where thorn was a reel objection to
the validity of the rate, the justices should deride aricording
to "truth and justice." They would not act in ancordenee
with truth and jean if they oed payment of an in-
valid tate, wawa bag Rik to do the true liability al
Mr party. la the peusat use the cunt thought q
thet,
when- the vadilly el the mile was brought into
the petkies *sell rest have proceeded, and thereto=
the ceder aphid the appellant to pay had been improperly
inede. It followed that the question of title was aot for
the decision of the Polices.
Appeal allowed.

COURT OF EXCHEQUER.—Nov. 22.

alttinp at Min Penn.—Medan Mr. Baron Martin and
Oannoon Jariaa)

Mr. Edwin Janata and Mr. Barrow wen mantel for the
shin ;
defendant. Mr. Hawkins and Mr. D. Keane append for
the
This me en adios leonght by the pleisilffe, who are yacht
agents at fieutheantoe, to moonr freak the defendant, a
solicitor, in Bloomsbunaquare, IW. odd, for work and
labour and goods supplied. The defendant pleaded never
indebted.
It appeared that in the early part of hat year the de-
fendaot received instructions front see dhie think to di►
pose.of his yacht. The plaintiffs entered the name sad
the yacht is their list of rile, an the wadi-
Wethilarif of
there was no sale there Amid be no pay.
They had spent acme money in obtaining parldenlan, sad
although the yacht was sold through other peaties, the de.
fondant, it was alleged, told them to Mid In their Marge
for commiseioe. They had done so, but had not been able
to obtain payment.
At the conclusion of the plaintiffs COW the learned judge
directed a noosuit.

MAMIE= O. LLWAT.-TROVIR.

This MI aa seeks in Moyer to reeover oertaln goods
alleged to be the property et the plaintiff. The defendant
tided not guilty, and that the goods were not the goods of
Tplaintiff.
he plaintiff is a general dealer at Manchester, and the
defendant is a manufacturer of tin cane, in Chapel.etreet,
Islington. In the beginning of the year the plaintiff b
the goods from a person mined Pearson, fur 13/., aadoltt
were deposited at • warehouse kept by • Mr. Fenton, who
was arrested afterwards for obtaining goods under false pre-
Mame. The pollee, finding the milk cans there, earmanal-
cited with the defendant, who took poesemion of them. on
the ground that he had been defrauded of them by Pearson,
and the plaintiff now bro te his action to recover them.
For the defence it was that the defendant had
been defrauded of the goods y Pearson, in collusion with
the plaintiff.
His lordship haring summed up,
The jury found • verdict for the defendant.

COURT FOR DIVORCE AND MATRIMONIAL
CAMEL —Noe. 22.
(Before the Judge Ordinary, Er. Joitioe Wightmea, end
Mr. Juitioe Williemer)
BIRDDI:11 LSD £ITOII3IIIT-GIINNIAL, A

-

ter
Ind
and
shed the Loam d
n e
*home in. 1899 ; mid*
I went telndia. I came home one soon in 18* and
thee, for en bet time sins 1824, I bed • oommunentimt
with MI. Pekin. He applied to me, through Mr. John
illieddsg, to know if I would return to • state of Mend*
with him, and would receive • part of my father's estate
at • valuation. I offered to buy the whole 11•1160 at his
own price or at the highest market value ; and requestedhim to take the management of it fur thirreeli of his life.
He wrote me an answer, which is in court. • I afterwards
paid him • visit for • fortnight or throe weeks. T.=
me • pedigree, which he, with the assistance of Dr.
and Dr Patric. k's son, bad spent two days in drawing up. •
It is the document before the coon, and it is in the hand-
of Dr. Patriot's son. It runs as follows :—" Anna-
belle Stewart, de hter of Sir Archibald Stewart, of Aid-
gowaa and married Wm. Porterfield, younger of
that ilk. The contract of marriage is preserved : the seine
wee forfeited, but was got back in 1686 and wee then
settledon Alexander Porterfield, the eldest son of the
marrfege, subject to the provision to hie three niers.
AnTrorterfinid married Gavin Ralston, of that ilk ;
Ralston was father of Gavin Rabin, the last of that ilk ;
Jean Ralston, the eldest daughter, married John Blistidect,
ef Roughwood, sad had several :children. Wm. Shedden, ,
the eldest son, died in Amery in New York, leash
ally son, Win. Patrick Ralston ftedden. Marionea
the eldest daughter, married John Patrick ofend
left' several children. Annabelle. Stewart bTelirelinsal
descendant of Robert HI., all leer descendents, whether
=hmales or females, are also lineal descendants of
a King Robert 111. ens the eldest eon of
Robert IL, King of Soon, the font king of the Stewart
family. He win the skin son of the mange between
Malay Breve, danghter of Robert the Brun, King of
Soon, and Walter, High Steward of Scotland." Mrs.
Win. Patrick had previously sent me out to India another
edition of Robertson's "Ayrshire Families," in which the
statement of my father's deo& without issue was cor-
rected. The Patricks told me that I was the head of the
fondly, and Mrs. Patrick was placed Nemeth me in the no-
melon. I was eatsed with en In 1839 I again Led •
sorrowindegos with Mr. Patrick ; and in 1841 I bad • oopy
of the alleged espy loner of Noramber 12, 1798, sent me by
my agent, Mr. Huit. TRI then I bed sorer nerd of the do-
cument at alt. Mr. Patrick told amitimi these were hills to
the extent of COL sent bone to me; bat be said nothing
shoat the legre. I brought mother action for the purpose
el aging aside the previous' deeficen In the comes a
that promeding I west to Amen% with • oomanhelon to
nonsie wit:senses. On that omagem I was above the
ripen of Mr. John Patrick by Mr. Van Book, his
adninientor. I saw • copy of the oertifiene of my
When marriage and of the affidavite appended to it. Mr.
Van Hook, who was a lawyer, pve me the document, and
said, "Mr. Shedden there is the title deed to your Wan"
Mr. Patrick had never told me of that document. It one
upon me quite by surprise. I was never engaged in lib's-
Wore, and this matter w
had ris forced
eard upon me qquite
tsdacteml for.11.
myi never
I took • Aileen of the
=of my half sister, AJWINAIIa. I don'ta recollect my
sister, or any about my life at New York,
except being taken to see my father in hie
Amongst my father's pipers I found a number of bills
in my father's bona- At the end of 1848 I
had received information that there were two boxes
of my father's papers in eminence. I sent as order for
them, and I remind them from Mr. Farquhar's exe-
cutor, Mr. Farquhar having been my father's executor. I
y went to New York, and obtained other pagan
friteViseese mune. I found the document produced in
• left in Mr. Farphar's store. It is a bill made out to
" Mn. Midden," in March, 1705. The words " Received
payment" me in my tither's handwriting ; and thee it la
rZby the sane. I have thousands of papers in my
a writhe& nal eoleremly believe that the words are
in my father's writing. The document produced was given
in. by Mr. Van Hook.
Cross-examined by Mr. Rolt—The document produced is
in my handwriting. At the bottom et page 2 some
the words, "And Ind to think of your seeking an Ameri-
can certificate, when Too had received my father's own
letter, telling you of his marriage with my mother." It ie
dated June, 1839, Ir. Patrick had informed me that to
father had written to him, telling him that he had isd
my mother, and of course I could not doubt the fact ; bat
he never showed me the letter. On the 20th of May, 1830,
Mr. Patrick sent me • letter in which he maid, "There is
no doubt that your father, whom T never raw, wrote to me
on his death-bed, committing the guardianship of
you to me ; but I did not accept it." I have
never said that I did not know of any letter. I said
I bad ad seen that letter of the 12th of November 1798,
or the taw dit. In my petitien I stated that I did net
Mow of the existence of any such letter till 1841, end I
regent I did not.
annaement was excited by the extreme volubility
of the witness, whom no admonitions could restrain from
inking • speech In answer to each question. At the close
of his examanation be apologised to the court ; and
Su C. Oreeswell replied that he thought some apology
was certainly called for.

--.--
PATRICK AID PATHICE (CITED TO ARE PROCENDIROB) --
At the sitting of the court Ifr. Collier, Q.C. (with whom
was Mr. Couch) &summed that with the permission of their
lordships he would waded the rentaioder of the Lame on
behalf the
Aft of
er awe Is
neiutins evidence, the learned gentle-
man called the patitioDer, who rid—At the age of six years
I was sent to Scotland, and I lived at Mr. Win. Patentee, of
Trearne, till I went to school. I was not allowed to go
home at the holidays like the other Dqs, When I was 15
I was taken to Edinburgh, and attended the university for a
year. Mr. Patrick then asked me what profane° I would
choose? I wished to be a lawyer, but my uncle told
me that the profession bad fallen off a good deal, and that
he could not recommend me to adopt it. Eventually, I
went into the navy. This was in 181.0. Mr. Patrick never
breathed a syllable to me on the subject of any suit that had
beeninstituted in my name ;neither did he tell me that Mr.
Crawford had been mods my tutor. I once new Mr. Craw-
ford at dinner, but I had no communication with him. I
remained is the navy about four years, and at the peace I
received my discharge. On my arrival in Enema Mr.
Patna wrote to me not to come to Soothed, but to go to
London and confer with the Messrs. Illiedden. I did eo
and by their advice I went to India in about three month.
after 11 came to Enghuod. I was at first • clerk in the house
of Messrs Alexander, but in tire years I was offered a
partnership. Being out of health. I retrained to England
in lad, and I went to pay Dr. Patrick s visit in Fdin.
bent'. Up to that time I was in perfect ignorance as to
the whole eontrovemy about the estates. While I
was at Dr. Parick's Mrs. Petrick said to me " William, I
am astonished to see that you know so little about cur
family ;" sad she referred me to a book called " io
son's Ayrshire Families." I was thunderstruck, and I
ordered my servant to. pack up my W. Mee.
Patrick saw something was wrong, and
me to stay until the doctor came home. Leered
he arrived and learned what I had discovered, he
threw his arms about my neck, and implored me sot to
leave the bowie and expose him, for he said that it was ant
his fault, and that he was abroad in the Meditenranwin at
the time. The perisage which flea struck me was the fel-
loveies "In 1807 wh, ea in conjunction with his brother
William, he (Dr. Hetrick) purchased the estate of ma-
head •ha transferredli erred to mo (William Patrick) the lands of
Et:cod (te which he had succeeded as heir of his uncle,
W' Madden) in exchange for his share of the farnier."
That very much surprised me, for I could not wasteland
bow Dr. Wadden Gould be heir of my father ; but a little
further on I came to the following, which explained the
matter " William Shadden went to New York, where he
settled, and died without issue in 1798, and was succeeded
by Dr. Pariah, the eldest sou of his only aster, Marna
Shedden, and who, in cooniqusacc of an arrangement, as
already stated, with his brother Wllliam, made over the
property to him, so that it belongs now to William Patrick
After this I had • convenatioa with Kr. W.
Patrick. I him that it was all a mystery to me, for
while they were apparently showing me marks of kindness
they seemed to be cutting my throat.. He tried to explain
that the estate was eaten up with debts, and then he said,
" Besides all that, here is this document," and than
he put in my hands what I most call a filthy document
—a case which he said had been submitted to American
eounael, adverse to my legitimacy. I said, "If this be true,
for God's sake let me hear no more of this awful business.*
He begged me to remain at the doctor's • and at that tinsel
had an ionralirife, who was • peacernaker. After this I
went , and other places, to establish
connexion. the intended house of Madden and Co. in
India, where I was aced the pioneers of English commerce.
I returned to Edinburgh about the 4th of January, 1824.
During the whole if than time Mr. Wm. Patrick never said
anything to me shoat a copy of • letter which he had received
from my father, dated Nov. 12, 1798,

The letter referred to wee as follow. and purports to have
been written just before the petitirmer's father died :
" New York, Nov. 12, 1798.
" My very deer Nephew,— My long and painful illness
mum apologia. for my long 'ileum. lam now going to
quit this world. I have married Miss Ann Wilma, which
approved of by my friends he, and which reetoree her
and re
fine children I have by has to honour and credit.
I have settled all my affairs, and &wanted executors here,
who will correspond with you. One of my children M a
boy named William Petrick Almaden. They are charming
children—be in particular. I have ordered my executors to
seed him to you. (A number of bills remitted are then
enumerated, the whole amounting to 41.71. 15s. Pd.) I de-
sire that such further sum or sums of money nay be appro-
priated for the purpose of maintaining and educating him
genteelly, and accord* to hie talents and inclinatke, not
exceed* 9001. sterling, without the consent of my exe-
cutors, of whom you are to be totally independent in this
business. I min only add that 1 remain till death, dear
William, your affectiocate uncle,
(Signed) " WILLLiii
"AtteMad—Jobis Mills."
Mr. Patrick told no that be had received no lettere from
my father at all. The only letter he showed me of my
father's wee one about some trifling affair compacted with
the Nasal* of Glaagow. It was written a few days before
my father's death, and I wished to keep it as • cello of him ;
but Mr. Patrick got it back from me, and gave me another
letter of my father's, dated the 19th of April, 1793. After
remaining a month at Leamington, and another at Chalten-

00IIRT OF BANKRI7PTCY.—Nov. 22.
(Bakes Mr. Conunagoser Hoiroyd.)