The Express.
London, England, 1858-07-30 00:00:00

LIWINS V. LITHTRII.OI

tab) iltddlignue.

The learned Commissioner said It wan not a case for bail,
and retailed the application.

EQUITY COURTS.—JOLT 29.
(Beton the Lads Justices at April)

IN RI RAIII:EL OEO. DCTION.
Mr. Way opposed the foul's:it, for a Kr. Buchanan, u
the holder of ea accommodation bill fora Mts. Mark, who
. .

RATON P. THS NIMOPOIXTAN SALOON orttrits Odt-
Mir (Lrlirrtn).
This the en appeal Rom the Ward by Vre-Chancellor
KU:Worthy to grant an 'erect ion to restrain the directors of
the above-mentioned company from Matting any debenture'',
or other seruri.ies, whereby the stock and user of the said
company might be charged or made liable for the payment
of any sum or sums of money borrowed for the nee of the
said company, and from borrowing any SUM of money on the
security of such debentures.
The case air came on for bearing upon demurrer to the
plaintiff,' bill.
The question involved In the appeal wee whether • resolu-
tion pared by the majority of shareholders present at •
mtetiog to rake 60001. upon the debentures of the company,
for the service of the ortheny, would, if reed upon, be in
excess of the powers given to the clo by the Fodor=
of the Joint Mock Companies Act (i .
Mr. Glee=Q.C. Mr. Wordsworth, G.C. (of the common
law re), and Mr. T. H. Terrell. appeared for the plaintiffs
in support of the appeal ; Mr. Roxburgh end Mr. Graham
Magner for the company; and Mr. W. D. Lewis and Mr.
Eddie for the direekes.
The Lord frith Turner said hl a opinion was that, upon
the true construelion of the act of parliament, the majority
of thrse-fourtht of the shareholders were enabled, by • reso-
led= paled et • meeting, to alter the regulations of the
company for the management and conduct of their business,
though not to effect an alteration In the constitution of the
essapany ; and that the ratable of money fen the breath of
the concern by debentures was an alteration merely in
the mode of carrying on its affairs, and not an
alteration in its constitution. He, therefor, concurred with
the Vios-Chancellor in holding that the injunction should be
retard. That being so, it Ira unneceesery to give any opi-
nion upon the demurrer. As this involved questions mon
=for decision upon the hearing, end upon which his
brother did not entertain the same strength of opi-
don r himself, the beet cores would be to direct that it
athedd stand over till the hearing without prejudice to any
garden.
The Lord Justice Knight Bruce said hie learn= brother
laving concurred with the Vice •Chanotiler in the treed of
the inionction, It was not incumbent upon Wm to give say
opielon upon the motion. NA to the demurrer, be Mt ee
much doubt upon the question—whether the Pr
al &bantam was within the scope of the act-
tha Larli=
Wt he was of the demurrer ought not to allowed.
An order was then made diamiaeing the appeal
therein the oceerixtrlzdirecting that the demurrer=
Maud over till the • without prejudice to any ethics,
with libertyto amend, reerving the costs of the
Wax

bed dace dieappeend. The inaolveat alletiedthat tie bill
had boa obeedied been hint by on. Plke.
The Court adjourned the nee to produce Pike, and for the
oppoidnit creditor to explain the transaction.

HOME CIRCUIt—MAIDOTONI, JULY 29.
CROWN 81D/L—(l34l(oTe B• 7011

platter War*, the sergeant in the North Cork militia,
who wee rmavietted on Tuesday of wounding • private to the
West York militia la the lag In so dangerous a manner that
It wee found Decessery to amputate the limb, was brought op
for judgment, sad sea to be kept in pemal servitude fur
the epees of elz peers.
Georg* Ramer, 23, was then placed at the bar to receive
mattenota

This prisoner, it appeared, had been sentenced to undergo
a long period of panel servitude, and he was rtmoved to the
prison at Chatham, in pursuance of his sentence, and while
in that prison be made a must desperate attack upon one of
the warders, and inflicted such severe injuries upon him with
an iron bolt, which by some means he had contrived to gain
poasescion of, that for some time his life wee considered in
danger, and the prisoner was committed upon the capital
charge of wounding with intent to murder.
When the prisoner was called upon to plead to the charge
he said that he was guilty.
Mr. Baron Bramwell asked the prisoner whether be was
aware that he was pleading guilty to an offence for which he
was liable to forfeit his life ?

prisoner aid he was quite aware of what he was
charged whit, and he wadi guilty of it, sad all he was sorry
for was that he had net killed the prosecutor.
He was then removed.
Upon his being placol at the bar to-day Mr. Straight in-
quired of the prisoner whether he had anything to urge why
judgment of death should not be recorded against him ?
Ho replied that he had nothing to say, szeopt that be was
sorry he had not been able to carry hie intention to kill the
Ines into effect.

(Before Vio►C6eecellx Bir W. P. Wood.)
THE IL MG 07 Or DI V. OOD DEEP.

In this use ita order had been made restraining the de-
fender'', who had been acting as moulvie to the mission trim
the King of On& to this country, from dealing with a sum
of 4,0001. Wowing to the king, which had best paid by the
defeadeot in his own name into Couttes bank.
Mr. Wilkock now moved that 1,30 W. of the sum to paid
to the defendamt, 948/. being la moped of a yeses eatery la
advance, sad the remaiader being for morn osoostod
with the embassy.
Mr. Rolt, who appeered for the Prime of Oude, son of
the kiss, opposed the motion, end moved that a sans of
3,0001. be paid to the prince for the passage to Calcutta of
the ladies who calm over to this country with the embassy,
sad for other expellees.
Mr. Willrock opposed any order being made for pgotsnl
of money to the prince on the ground that tho doteedsnt was
the kieg's wet, and the prince was bound according to the
mandated the king to act under his advice and counsel,
and also'at the grated that the print. had akar parr
of 10,0001. hard cash, which wee in a box to the
King's brother when he died in February last.
The Vire-Chancellor said the defendant mode too ranch of
his position. Hs was tot to sot, but only to Arles lb.
prince bow to act. He ought not, howsver, to be left In this
country to starve, and an order would therefore be mule
that he be paid 4781., being half a year's salary. As order
would also be made that 2,9001. be paid to the prince, hI.
solicitor naderleidag to be responsible for the due application
of the money.

Tts;l;aMedjudge maid he should not pees rearm of
death upon him now, became it was not ad, thee-that
seetanos would be maid out, but he should or eastamee
derail to be recorded against hiss, the set of which would
be that he would be kept in peed estate& for the re-
mainder of hie life. He at the woe this teetkeel him not
to remit snob ea act age* for if he did he would sleet
ortelely ham to undergo capital peniament.
The iptireer, who did not exhibit the least mean, said
that he should no doubt be brought there again, and he was
thee rimmed from the bar.

Datial, 20, was also brought up for ladybug.
ibis primer was a armor on;board the Renown, ram of
war, sad ho woo oonvlotad of stabbing a seaman belonging
to another ship of war, called the Edinburgh, in a drunken
broil la a beer-shop at Sheerness.
He wee wintimed to four peen' penal servitude.

COURT OF PROBATE.—Duty 29.
(Before Mr C. Creativell.)

NICHOLLS AND

lIPZCIAL IVRY.

The testator in this snit wee Mr. WiWhim Wiggett Parka-
son, formerly of Brecoadale, near Norwich, but who died la
the Heighani-hour Ltinatle As 3 loin, at the age of 78. The
estate consisted chiefly of personalty, and mounted to nearly
15,0001. ; and the will which formed the subject of the pre-
sent suit was dated in 1851. It was propounded by the
'motors, who alleged that It had bra executed during a
lucid interval, which wag denied by the defenders.
From the opening statement of the Attothey-Gistral
(with whom were Dr. Addams, Q.C. and Mr. limassi), it
appeared that the deceard, Mr. Parkisson, had tarried his
shiter-in-law after the decree of his only brother in 1827.
lie had himself had no children by her ; but his brother hod
left isms not only by her but by • previous wife. The fink
of Mr. Parkinsoa's Brat marriage were two daughters, Sarah
Elisabeth and Mary Anne. By his second wife he had hit a
son, Joseph, who waa of course step-son to the testator. The
testator'a favourite niece, however, war his god-daughter,
Sarah Elisabeth, whom he had had educated at his
own expesee. In the year 1838 she wee married
from his here to Mr. Freeman, of Norwich, up-
holsterer. Mrs. Freeman, who hod bed three children,
Sarah, Charles, and listen, died in 1847. The other niece
was married without the unction of her uncle to Mr. Einar
by whom she had • eon, Philip. In the year 1831 the tes-
tator had made • will by whirls he divided his
brines his nieces, but in which be did not name his=
who it vas believed would be provided for by his natither's
That expectation not being realised, Mr. Parkinson,
in 1837, made a new will; but, in 1845, Joseph died under
age, and hie share of the property devolved upon hie
suniving sister, Mr'. Sines. In 1841, a ern-
esieslea of lunacy found that the testator bad
leme brine without a lucid interval from the previous De-
eenalter. Mr. and Mrs. Freeman were appoisted committer
of the paean, and an allowance of 3001 a year was made
thin ea that account. The testator was pieced in an arrybun,
ealied the Retreat, till 1847 ; but his health being then rook
be weal to reside at Mr.Frearea'sorhere hostile"
Velivilr. He was then removed with his own consist 110
fleighem-house. He often alluded to the chasers which led
taken place in his family ; and in August. 1851, he wrote
the following instructions for a will. "My will le, that
wherever amount of property I may die powered of may be
appled to the beoefit of the three children whom my late niece,
Elisabeth harsh Parkinson, bore to Jeremiah Fseeman, her
kuabacd, in Neal pmportiou ; and alto a likssum for my
mere Minty Anne, the wife of Rorer E. Sims for her
absolute nes end ben' fit, independently of any control of her
bualsind ; and she having only sae child, a sou, whom aloe
bore to hr said husband, a whetter sum to be app!ied fur his
educuion and Buy p rt until he shell attain the am of 21
yearn, thin the amount to become his property absolutely
sad reclusively. And my will is that each of the several
lye shams or divisions of my wordy may be fairly and
equitably applied as Oirecied above; and for the purpose of
carrying out and executing the intention of this
De tar will I hereby appoint the executors
thereof. " Mr. Watson, the resident surgeon of
the asylum, burg received this paper, communicated it to
the Commissioners In Lunacy, who declined to in'erfere. He
then took it to Mr. Simpson, who had been Mr. Parkinson's
solicitor, awl who whited with mutter% ae to the coons to be
adopted. Eventually • will was prepared in conformity with
the draft; bat the ilitosasas health growing worse, the
matter we. not pet-castled with till Oaciber, when be was
visit. 1 by Mr. Ruskin, • physician or eruinenc,., Mr. Mille
and Mr. Nicholls, surgrotie and a clergyman of the neigh-
bourhood. Them gentlemen having examieed the testator,
and found him of reetatien!ary capacity, they eufiered him
b waft the will, Mr. Simpson being also pftunt.
lb MIN of the plaiatiffs was proceeding when the court
PIMP.

Tr delloadanta' colsorl ars Mr. Collins, Q. C., Mr. Dra-
ms, and Mr. AroMbald.

INSOLVENT DEBTORS COURT.—JOLT 29.
(Been Mr. Commbillow Phillips.)

IN RR HARRY JOHN ,ON.—PROVII,IIIe • ROCS 'wrest&
Tbls inaelrent, an 'mountain, havlog anon la Lothb ury
and residing at New Winstead, was opposed by Mr. Heed
Ire a Mr. Jonas, sad supported by Mr. Sargood. Four an-
ilines appeared la pern,n.
In February last til.l insolvent placed two bills
of exchange in the hands of ems of the opporlag
creditors (Mr. Josses), on which be 'drawled 601,
and afterwards discounted then at 10 per cent. Accoedieg
to Mr. Jonsis evidence the insolvent told him he bad thou-
sands on Lie books, sod that they were good balls. The la-
wisest sow dialed that be male the statement, and ad-
ulated that they were a. eopfied for his aocammodeUes.
Neither of the bills had brim potd.
Mr. Barber, a confectioner at Stratford, one of the oppo-
sing creditor., oompl.dael that on the 28th January last tin
insolvent's daughter ordered s rout supper, which be top-
plied, sad paid for the planet. Ills bill was 81. lls. Ths
Inanlvsat most hero bete Involved when the debt wee la•
eared. Annus/de the insolvent told him the snowy
should be " seat on." end enbeequently he told Mos he mid
sot get " blood out of a store."
Mr. &mood said the rout supper should Louisan paid.
Mr. Corambefoner Phillips thought so too. The dub. was

lowly', nodes 20., and Mt:. Lab:v. couldnOt keep
tact one Isom la prison.
Mr. &libido, a grocer at Le 3 tonstons, oleo roroplainad
that apart aide debt was Insured on account of the ester-
taiocoost described by Mr. Barber. He Itsd supplied on that
oceui•+o Inlbs. of composite °undies and one ration of Colaa
oil. (A 'atilt.) Titers WY no appearance of issolremacy at
the tome.

_
Mr. Coreinierioneto Phillips said the creditor bad better
awes at 4 take • lemon in this court for a week, sad this he
would ....kludge by " appevences." (Laughter.)
A rto r some dierwrion tea rase wu adjourned to produce
the acceptors of the two Lille held by Mr. Jones.
(Before Mr. C../ iaJaid met ld urphy.)
s. l• W. J. 11117.kf
Thit insane., • disoottat agent, a; pll,d fur bait He
ere. In custody he 51. damages in an aci.ou for libel and as-
milt. The eagle wee 7W.

CIVIL Stoi.—(Botore Mr. Jtugioe Wilke and a Special
Jury)
OADORN P. COLLINGS AND ANOTII I.Y.

Thle was aa motion to recover damages for an saran ;
to whir& the defeadante pleaded that the plaintiff had Brat
amealted them.

fierjeant Shea and Mr. Hawkins were counsel for the
plaintiff; and Mr. Edwin James, Q.C., and Mr. F. J.
Smith were for the defendants.
Ths plaintiff in this action it appeared was the Soh of
~kat gardener occupying some land at Gillingham, in the
=hood of Chatham, sad the defendants, Mr. J. M.
old Mr. R. H. 'Vetch, were both very young gentle-
man. the kola( only seventeen and the other eighteen years
ife.t. held ammissions as lieutenants I. the Royal
sindesed at Chatham. According to the
of the plaintiff and two of his brothers, mimed
Theme Ind Jahn, the thaw of whom it appeared at the
thee held the take of pada constable, that an- the afternoon
sills 7th of IdasEhey wag engaged with some other per-
mu la a fieldadjoining the marshes at Median, at week,
1 whoa they saw delve of whoa had a pan.
sad wile were asompaniel by tenogs, and who it messed
had been amain thsnwaves by looking for curlew, and
other sea birds, jump over the boundary of the geld and
walk maces sans grave that had been laid up for hay. The
plaintiff, spa seeing them, directed • man named
Wright to warn them off, and upon his doing so, it wee
alleged that Collings made uas of a very d*nabg expre•-
' 'ion, end he, in consequence of this, went up to aim and
told him and his companion that they were trespassing, and
that they moat gait. According to his evident*, immedi-
ately upon his doing thir, both tho defendants vegetated
their guns at him, and declared that they would alteM him
It he moved • step further towards them. After this, it ape
that • struggle took place, and the gun was taken
the defendant Collier., and the plaintiff's Mother
Thomas was Introduced as the parish (*astable, and he was
directed to take the defendants into custody, but he did not
do so ; and at length one of the county policeman, named
Brockman, arrived, and the defendants were given into his
charge for attempting to shoot the plaintiff, and he proceeded
to handcuff the defendants together ; and, notwith-
standing their remonstrances and their offers to

sooonat him voluntarily, they were- taken along
the h road in that condition, and the mat-
ter woe subsequently investigated by • magistrate who
dismissed the charge. The present action was now
' by the plaintiff for an assault, the mama complained brought
the alleged presenting of the guns at him by the defendants
on the ocoaaion in question.
The plaintiff, his two brothers, and one or two other wit-
nesses, were examined, and they deposed to moat of the facts
above narrated. The police-constable who we. also milled
as • wine's stated that be handcuffed the defendants upon
his own responsibility, and he said that he eonsidered be was
justified in taking that comae under the instructions that
win given to the police.
Mr. Justice Will.. said he was clearly of opinion that he
kad en right whatever to make tun of handcuffs under sock

eimumetiliees. In the first place, be bed not sees an;
offence committed ; and, supposing there bad beat, the &-
kindest' made 110 resistance, but expressed their willingness
to aceomp&ny him, and the use of the handcuffs in such a
ore was, in his opinion, both improper and illegal, and be
hoped the constable would remember this in future.
kir. James then addressed the jury for the defendants, sad
be mid that if his instructions were comet there wee not the
slightest pretence for the present motion, and that the young
gentlemen whom he represented, tasked of being the aggres-
sors, had in reality bean moat shamefully treated
la by the
plaintiffand his brothers, and that they wen essaulted the
first instance,and they merely presented the guns with a view
to proteet themsedirss from further violence, but without the
slightest intention of discharging them.
Mr. Jostke Wilke said he wee of opinion that no law,
eves if it should be made to appear that the defendants had
teen assaulted In the first inranoe, would justify them
in presenting a loaded gun, end that each an act would
amount to an &result.

Mr. James then proceeded to state that he should chow
clearly that the plaintiff behaved with great rlolenoe, and
that be first essaulted the defendants without the
slightest provocation. He oleo said that when one
of the brothers announced himself to be the pariah
mutable, sod the plaintiff made the absurd Marge
of attempting to shoot him, against them, they stated who
they ware, and expressed ate radium to go at once before
the aura@ magistrate, but the plaintiff woad not consent to
this cause, but twisted. when the policemen arrived, that
they should be haudenffed, and they were marched along the
read for basely a mile, when they met Major Novak en
officer belonging to the same regiment, who a:guyed what
was the matter, end expressed hie opinion that It could not
be seameary or justifiable to handcuff the defendants sad to
panels them along the public thoroughfare. The °
hnlice-
ttao, however, persisted in sating that he was justified
in what be was doing, and it was with some difficulty
that permission eau obtained for • cab to be procured, in
which the defendants were conveyed to the police-staitioe,
where they were formally charged with the offence of
attempting. to shoot at the plaintiff ; and they were detained
in separate cells for an hour upon that charge, until bail was
procured.
The defendants were then examined. They denied, lathe
first place, in the moat positive manner, that either had made
use of the disgusting expresetons attributed to them by the
plaintiff and his witnesses ; and they also proved that while
they were quietly walking out of the field, the plaintiff and
his'brother Thomas came up to them in a very excited man-
ner, and the former addressed them by saying, "Shall I
kick your r and they were attacked immediately.
Having freed themselves, they said they raised their goes as
highest their him, and told the plaintiff that if he reamed
his violence they would shoot him ; bat they said
that at this that the guns were on half-cock. The
defendants' both stated that the moment Thomas
Osborne said he was the parish constable, and they un-
derstood that some charge wee to be made against them,
they gam up their guns and expressed their radium to go
before a magistrate, but • policeman era sent for, and the
plaintiff ordered him to handcuff them. They also offered to
give their names, and said that there was Ile necessity to
handcuff them, as they were ready to answer any charge that
might be made against them.
Mr. Suedes Willa, in summing up, said he wee of
opinion that the act of preventing the gam at the plaintiff
amounted in law to an assault, and therefore the only ques-
tion for the jury would be, upon • oossiderstion of all the
circumstances, to say what amount of damages the plaintiff
was entitled to.

it;e7jutyilmoet immediately returned their verdict.
Damages, owe farthlog ; and *be learned judge Mused to
coney, so that dm pla iai itf will ■ot cask ally oats.

WESTERN CTRCUIT.—Exyrza, JuLT 28.
Before Mr. Baron Waitron.)
TA.PLIT IP. TAMMY.
111 k wu a petition be a Judicial separation, which wen
the drat of the kind under the new Divorce Act.
Mr. Collier and Mr. Kerslake were counsel for the pod-
timer ; sad Mr. M. Smith and Mr. Coleridge vireo:mug
for the respondent.
The parties bad only been married a year, but in oonse-
quince of very painful qurrels which bad taken place
during that period Mra. Tapley strongly desired • judicial
reparation. The respondent consented to a verdict far the
petitioner which, under the direction of Me lordship, lbe
Jury returned.

Mr. M. 81nith and Mr. Kerslake were counsel for the
plahlnif; and Mr. Collier and Mr. Coleridge were for the
defendant.

The plaintiff is a miller, rending at Southampton, and the
dshadaot is a farmer living In the same neighbourhood. The
soUes was brought to mum damages for slanderous words
probe by the defrodent, by saying In a public-house that he
wee hisolveot and unable to pay ha creditors. The defence
wee that the defendant was not actuated by any malioe
in what he had said, and that he had merely repeated what
I be bad heard
for.
ASSIZE INTELLIGENCE. Verdict the plaintiff—Damegee, 100/.

NORTHERN ClRCUlT.—Duureit, JULY 28.
cum( 81os.—(11aforo Loot CLOD! Bona Pollock.)

His lordebip on taking hie seat this morning said he had
conanked Baron Martin on the objection which Mr. Price
raised on the previous day with referenoo to the propriety of
receiving u evidence depositions which were not taken in
the presence of the accused. Under the mottos at present
punned the accused person had ample opportunity of mom-
examining the witnesses when the evidence was being given
before the magistrates, and It would be too much to expect the
gentlemen who seed as magistrates to be limited by the pre-
cise terms of the statute, and to wait whilst all the dvon-
thine were being taken. In fact, the necessary business
could never be transacted if they were to do so.
Michael Kelly, Patrick Rock, and Edward Ilnitter, were
arraigned tur having been engaged in a riot at Lanchester,
on the 18th of April. The prisoners were the ringleaders of
a mob of Irish rioters, who to April lastattaoked a number of
Englishmen at Black-bill, made • disturbance which created
considerable alarm all round the neighbourhood, and termi-
nated by breaking and entering the house of Joseph Curry,
an English innkeeper, and stealing therefrom 481. 12e. The
prisoner. under the advice of their counsel, Mr. Seymour,
withdrew their former plea of not guilty, and pleaded guilty
to the rioting.
Mr. Liddell, who appeared for the prosecution, said he did
not inteod to offer any evidence as to the burglary.
The prisoners then entered into recogoisanoes of 601 each
to appear for judgment when called upon, and were discharged
from onnody.