The Express.
London, England, 1866-11-03 00:00:00

HARL T. CATTERALL AND ANOTHER.

Mr. Campbell Foster said this was an action for libel,
tried at Durham before Mr. Baron Martin, when the
jury returned a verdict for the plaintiff, damages 20/.
He moved to set aside the verdict, and enter •
nonsuit on the ground of misdirection, or for a new trial on
the ground of the verdict being against evidence. The de-
fendante are the proprietors of the liezham Courant, and
the plaintiff is the way warden of a parish in the neigh-
bourhood where the paper is published and circulated. The
libels complained of charged the plaintiff with having used
public money for hie private p The statement of
facts turned out to be untrue. The libels were contained
in a correspondence forwarded to the editor. The defen-
dant pleaded not guilty, and accord of satisfaction in
having published the plaintiff's denial of the charges im-
puted to him. The editor had, however, imported • fact
into the oorrespondence on his own responsibility. It was
further contended there was no malice shown.
Rule granted.

COURT OF COMMON PLEAS.—Nov. 2.
Sittings in Banco.—(Before Lord Chief Justice Erle, and
Justices Willes, Byles, and Keating.)
CHAPMAN V. SHEPHERD.

This was an action which arose out of the purchase of
some shares in the company of Messrs. Overend, Gurney,
and Co. (Limited).
Mr. Griffiths said that it was tried before Mr. Justice
Bytes in London, when the verdict was for the plaintiff,
but the present motion was for a rule to enter a verdict
for the defendant. The circumstances were these : The
plaintiff was a share broker in the country, and was not a
member of the London Stock Exchange. In April the
defendant gave hint instructions to purchase some shares
in Overend and Gurney's company, the understanding
being that the shares were not to be paid for,
but that it should be a mere speculation for
a rise in price. The plaintiff purchased the shares
through his London agents, who were members of the
Stock Exchange, for the defendant, and the shares were
carried over from time to time, and until the petition was
presented for winding up the concern. After this the
plaintiff was applied to by his agents to take up the shares,
and he had to do so, and now rued to recover the sum
which he had paid as money paid to the use of the de-
fendant. The points now submitted to the court were—
first, that the payment having been required to be made
by the rules of the London Stock Exchange, the plaintiff's
agents, who were members of that Exchange, should have
brought the action is. their own names ; and, secondly,
that there was no authority whatever either for the plain-
tiff or for his agents in London to pay for the shares on
behalf of the defendant after the winding-up petition had
been presented.
My Justice Bytes said he believed that the amount in
question was considerable, some 7001. or $OOl.
Mr. Gritilte—Yes ; and he was afraid it was a question
of ruin for the defendant. By the Companies Act, the
29th and 21;th Vie., cap. 89, it was enacted that where
any company was being wound up no alteration in the
status of members of the company should be made during
the winding up without the sanction of the Court of
Chancery.
Mr. Justice Bytes—There was a rule of the Stock
Exchange that made it incumbent upon the plaintiff to
take up the shares.
Mr. Griffits —lncumbent on the stock brokers in London.
Mr. Justice Byles—Then the plaintiff's agents were
bound to pay the money on behalf of the defendant, and
therefore surely it was money paid to the use of the de-
fendant at his request.
Mr. Griffits contended that as soon as the petition was
presented there was an end of any authority in an agent
to make a payment on account of shares.
The Lord Chief Justice, after some discussion, said that
be was of opinion that the parties to the contract were the
parties to sue ; and therefore there would be no rule upon
the first point.
Mr. Griffits, in continuation, said that the second point
was one of considerable importance, as it would affect a
great many cases.
The court granted a rule upon the second point.

THE DIVORCE COURT. —There are only 68 causes
set down for hearing during the present term, audit stand-
ng over by consent.
ArTEMPTZD MURDER BY A LVNATIC.—At the
Nottingham Police-court, yesterday, a young man named
Joseph Frost, years of age, who had once been in a
lunatic asylum, was charged before the sitting magistrates
with violently assaulting Hannah Searcy, 14 years old. It
appeared that on Thursday morning prisoner was employed
to get in some coke inWollaton-street,and whilst so engaged
a piece of cinder was thrown at his head. The girl Searcy
ran away, and Frost took up his shovel, ran after her, and
caught ber on the opposite side of the road. Before any
one could get up to him he felled her to the ground by a
savage blow on the head with his shovel. She was ren-
deral at once insensible, and he followed up with two
more blows while she was down, and then he was seized
by two gentlemen who were passing by. All this occurred
' in the course of a few momenta, and for an instant every
one seemed paralyzed with terror. Instant search was
made for a policeman, while the infuriated maniac was
held by them who were determined he should do no
more mischief. His victim was taken up and carried in
an insensible state to the General Hospital, where it was
found that one of the arteriesin thehead had been severed.
As soon as a policeman came up the man was given into
custody, and he at once said in the presence of both his
COURT OF EXCHEQUER.—Nov. 2. ; father and mother, " If Thad had a knife, I'd have cut her
This courtwas very much crowded, the principal attrac- bead off." The prisoner was remanded for a week. From
tion being the appearance of a new Chief Baron on the inquiries made at the hospital yesterday afternoon, it
bench in succession to Sir Frederick Pollock, who had Era- appeared that the girl remains in a dangerous Mats.
sided over the court for more than twenty me DII BARRY'S DILICIOUB REV...LIBYA JAILAZIC.A
learned judges, as usual on the first day of Trachltdmes poop ewes dyspepsia, indigestion, cough, asthma, cousieleann.
Term, wore their full robes, Sir Fitzroy Belly displaying debility, constipates, diarrhoea, palpitation, nervous, bilious,
on his breast the massive gold chain which forma one o liver. and stomach complaint& Cam No. 68,413.—" Rome, July
the insignia of the office of Lord Chief Baron. The other 11. 1886.—Tho Battllß_ol the Hob' rather emslket. especially
WWII Mr. Baron Bramwell, Mr. Baron Chanson lnee, aband°nil .A.other "s""lialh° bal wafted ham'
and Mr. Baron Pigott. entirely to Du Food, and Holiness cannot praise
this eminent rood too blehly."—Oessitedn Mia Ds Berry and
As soon as their lordships had taken their sesta, Mr. ow. gp„ 77, Lamy" W. In Una, at la lee.
Henry James, of the Word Circuit, sad the Rea Yr., , Ia WPC ISIN6 211. Ma—fAdmetiseemal