The Express.
London, England, 1866-06-20 00:00:00

LAW INTELLIGENCE.

(THIS DAY.)

EQUITY COURT.
THZ RESIGNATION OF THE GOVE
(Before the Lord ChanceUm)
PENN V. BIBBY AND OTHININ.

This part-heard case, which has occupied some time, was
resumed this morning.
In consequence of a communication from the Lord
Chancellor,

Hr. Bolt stated that the arguments must occupy longer
than Saturday next.
The Lord Chancellor then intimated that, re he should
probably not sit after that day, it was useless to go on with
a mac which he would not be in a position to decide.
The farther hearing was then postponed sine die, and
the court adjourned.

COURT OF QUEEN'S BENCH.
After Term Nisi Prias Sittiags at Westminster.—(Before
the Lord ChieLTaisties and Special Juries.)
O'DONOVAN O. FLOOD AND WTI..

This was an action for slander. The defendant pleaded
not guilty.
Mr. Hawkins, Q.C., and Mr. Prentice were counsel for
the plaintiff ; Mr. M. Chambers, Q.C., Mr. Coleridge,
Q.C., and Dr. Kenesly were counsel for the defendants.
It appeared that Captain Flood and his wife took apart-
ments in the house of a Mrs. Bishop, 60, Marine-parade,
Brighton, in December, 1864. In January, 1865, Mrs.
Hawke', wife of Captain Hawker, who was at that
time abroad, her son, daughter, and niece also took apart-
ments in the same house. The plaintiff was in the habit
of visiting Mrs. Hawker and her family, and the slanders
complained of were certain conversations which Mrs.
Flood had with Mrs. Bishop, her landlady, and her sister,
Mrs. Lee, between the 6th of March and the 22nd of
April. Mrs. Floodhaving seen the plaintiff enter the house,
sent for Mn. Lee, and asked if he was the gentleman who
was playing the piano the previous day, and abs
answered
yes. In the subsequent conversation lire. Flood said his
name was not O'Donovan, and that he was assuming a
false name. She afterwards said she had made a mistske,
but on another occasion, however, she said she had
not been mistaken, that he was assuming a false name, and
that she had pain money for him to get bairn out of prison.
She also said he had been guilty of forgery, and that if he
had been a poor man's son he would have been transported
long ago, and that would be his end. Mrs. Flood also said
that' plaintiff was in the habit of purchasing jewellery
and selling it immediately after, and that she had been
offered by a jeweller in Brighton a gem of a ring which
she knew belonged to a member of the plaintiff's
family, and that when he was found out she
bad no doubt he would be transported for life.
Mrs. Flood pointed out to them the announcement in the
Illustrated News of the death of Dame Catherine Connor,
or Maitland, relict of Rear-Admiral Sir F. L. Maitland,
G.C.B. She also said she had met O'Donovan
at grand entertainments in Ireland, but she
was afraid to accept an invitation at the
Cameron., at Brighton, fearing Captain Flood might
address her by her right name, and cause a disturbance.
She further said that the plaintiff bad visited Baden
Baden, and that he was no better than a sharper, and
unfit to go into society.
Mrs. Bishop and her sister, in cross-examination,
said, the conversation with Mn. Flood was not
that the plaintiff was like a person who had
been guilty of the acts she deseribed, but that
she was satisfied he was the person. The defendant and
his wife left on the 22nd of April, and the plaintiff dis-
continued visiting Mrs. Hawkes and her family imme-
diately after. Captain Hawkes and his wife and family
were still residing with them. When they mentioned to
the plaintiff that Mrs. Flood knew him, and that he was
assuming a false name, he was very much surprised, and
denied that he had assumed a false came, and that
Dame Maitland was his aunt. He always spoke of Mrs.
Flood as a lady, and that lie had met her at grand enter-
tainments in Ireland, and that she bad been very kind to
him. The conversation so aroused Mrs. Lee's suspicions
that when he went into Mrs. Hawker' apartments in her
absence she followed him in and removed any articles of
value that might be lying about at the time. Mrs. Flood
also said that the plaintiff had assumed a false name on the
Continent.
The plaintiff was called. He deposed that he was now
residing in apartments at 9, South Belgrave-street. The
first communication he had of what had been said by birs.
Flood was from friends at Brighton, and he immediately
instructed his solicitor Mr. Chapple to take the necessary
steps to vindicate his character. John O'Donovan was his
real name and that of his family, and there was not the
slightest reason for any of the charges that had been
made against him by Mrs. Flood. He had never
been in Baden, and Mrs. Flood bad never paid
money to get him out of prison. All that he required was
a retractation of the slander.
In cross-examination he said he could not exactly state
his age, he believed about 40. He was taken when an
infant by his father to Ireland, where he resided until
1848. While he lived in Ireland he knew Mrs. Flood.
Proceedings had been taken against bun in the Rolls
Court.
Mr. Chambers—You were desired to return • young
lady's letters ?
Plaintiff—No. An application was made in the Rolls
Court to restrain him from publishing the lady's letters.
It was charged that he had read three or four of the lady'.
letters in public. He read two before Mrs. Hawker and
Mrs. Moore, the former being the confidante of himself and
the lady, and they both knew everything. It was after the
young lady and her friends wished to have the letters back.
He selected the two letters to be read. He had a large
packet of the lady's letters. He bad not been asked to
return them.
Mr. Chambers—Are you not aware that the young lady
is going to be married
Plaintiff—No.

Mr. Hawkins said the question ought not to be put, as
the matter was still pending in the Rolls Court.
Plaintiff—He had heard the lady was to be married in
two years. He had not refused to deliver up the letters.
Mr. Chambers—Have you not been asked to do so, and
refused
Plaintiff—l am willing to do so, under certain circum-
stances.
Mr. Chambers—Are you willing to do so now ?—I am
in the bands of my solicitor and acting under his advice.
Mr. Chambers—Have you not been over and over again
asked to deliver them up, and refused?—No.
Mr. Chambers—Arc you ready to do so now ?—I am in
my solicitor's bands.
IThe case was proceeding when our report left.]

COURT OF COMMON PLEAS.
Sittings at Nisi Prius, in Middlesex.—(Before Lord Chid
Justice Erie and a Special Jury.)

GRAY V. BRADSHAW.
The plaintiff in this case was a stock and aharebroker, in
business in Tokenhouselard, and he sued the defendant, a
director of the Phosphate of Lime Company (Limited), to
recover 8,3941. Ts. f d., money due in respect of transactions
in the shares of the company.
Mr. Huild'eaten, Q.C., and Mr. Macnamara appeared
for the plaintiff ; and Mr. Bovill, Q.C., and Mr. Lord for
the defendant.
The plaintiff's case was that on the 13th June last the
defendant called upon him with Mr. Mulkey, jun., and
the latter said that it was desired on the part of the com-
pany that the price of the shares should be kept up to a
fair value, as there were " boar" operations earned on
upon the Stock Exchange with a view to depress them.
Mr. Hankey said that having some interest in the com-
pany, he did not wish to act as broker, but that it was
wished that the plaintiff should act, and the defendant
would give him instructions what to do. The defendant
said that be wished purchases to be made to the extent of
500 shares if required, at a price which ho thought should
not exceed 21. premium. Neither the number nor the
price were mentioned as an absolute limit, but the
plaintiff was to exercise his discretion. The contracts
were to be sent to him at Mr. Green's office,
Bank-buildings. On the 24th of June there was
another interview, when the defendant Raid that it would
not do for the shares to be purchased in his name, lie
being a director, and that they must be bought on behalf
of Mr. Green, who was the promoter of the company. The
plaintiff declined to take Mr. Green as his principal
because he did not know him, and he preferred
to look to the defendant for payment. The defendant
said that would he all right, hut the plaintiff should be
able to state that he had been informed at the time of
the purchase that the shares were for Mr. Green. The
shares and subsequently other shares wore purchased
under similar instructions, until the whole number was
1,310. The magar continued on until March, when the
shares were sold by the official brokers of the Stock Ex-
change, and the loss sustained formed the principal part
of the sum now claimed.
After some evidence hail been given an arrangement was
come to, and the defendant's counsel consented to
verdict for the amount claimed.

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Goulburn.)
1,1 RE ALIP.ESON. -THE CATTLR DIRRASR.
The bankrupt was a cattle-dealer of Houierton ; debts,
VAN., of which 44W. was stated to be in iesisc...t of ac-
cornmalation bills ; no assets. The bankrupt, after an
adjournment sine die, had filed additional accounts.
Mr. Field, for the assignees, consented to the bankrupt
Passing, though the accounts were not satisfactory, and
asked that the order of discharge should be adjourned.,
with a view to further investigation.
Mr. R. Griffiths, for the bankrupt, stated that he had
lost 47 cows by the disease.
His Honour said the case was clearly one of misfortune,
and granted the order.

(Before Mr. Registrar Roche.)
IN RE LORI) HENRY LOFTUS.
This was the first sitting under the bankruptcy of Henry
Yorke Altley Loftus, commonly called Lord Henry Loftus,
described as formerly of Dawson-street, Dublin, then d
Jerelyn-street, afterwards of Charles-street, St. James's-
square, now of 14, Motcomhe-street, of no occupation. The
ballinePtey was on his lordship's own petition, dated