The Express.
London, England, 1859-05-10 00:00:00

oi!pAt_or opuay.

Irliefemtt: Mk of Yee o".eai order. of tbe Mk day of 11M
a•:x this the Lard Unmaor my fear Me to tine he
MEM the sena to to dent ea dm cam Um Uwe
Ike WI of Oa nee Orden; ena Mawr Thangm the
IM dee of Mad MUM ise h.tr aginkeed kw the Menne= et bee
bledeetel Dirtleam awd week evert les her bereadoro °tweeted a. •
meen heliday in lake mast oiler of ihis efe I do therefore order
nee the real aim of all. weewt bedewed ce flaunty. Mee le n Ma
of at., lomat : sad that .ha tyke be Wend sad .to up la the eemul
damn this ann. Crauteroso.

EQUITY COURTS.—MAY 9.
(Before Vke-Chascollor Iga, R. T. Hindersley.)

This was a petition presented by the three children of Mr.
and Mrs. Curtis, appearing by Mr. Golly Thod, their ma-
ternal grandfather and next friend, preying that they may
be placed leader the tostady of their mother. A decree of
judicial separation between Mr. and Mrs. Curtis was pro-
nounced by the Divorce and Matrimonial Canilall Court In
June lest, on the ground of dezeitlon and crudity. Mr.
Curtis appealed hoe that decision to the full court, which,
however, effirmel it. In the meantime this petition was pro-
moted and en interim order was made upon it, whereby Mrs.
Curtis was permitted to have the custody of the children upon
eertain terms. The petition was supported by the affidavit
at Mrs. Curtis, who deposed to the general severity of Mr.
Curtis towards the children, sad especially towards the boy
John, and that he almost daily beat Sham, by striking them
Mir the face and heed with the back of his hand; that he
tentinued this treatment towards them darlag their residence
In America until Mr. Curtis was placed In the Bloomy
dale lunatic when la that country. On one oocasion he
burned all thiir toys, and when the girl, Mary, had the
chicken pox, he threw a pail of cold water mixed with Ice
over her and refused to let them hers medical asestance,
or that they should be baptized, which, however, as to two of
them had been done clandestinely. Oho also stated that
after Mr. Curtis had left the lunatic asylum, and been
absent for fire years in Spain and elsewhere, on his return in
laid he made no inquiries after his wife and children, but
merely wrote to her, to infirm her of his arrival, and when she
loft her father's house in Kyle, Westmoreland, to avoid hire,
he caused pprtiited handbills to be posted, stating that she
had absconded. In answer to this Mr. Curtis bad filed as
affidavit, in which he denied the allegations of cruelty to
the children and stated thiit when he beams Peer. Mrs.
Curtis bemire discoatez cod, and oompletnsd that hernia:reap
with hies had spoiled her promptets in life, end the told him
that the only reparation he could make was nadir, lie also
stated that he bad been liable to attacks of brain fever from
over work in his profession as engineer, In which he was
employed by the Board of Admiralty. Affidavits had also
been made by parties with whom ldr. and Mn. Cords had
resided. deposing to his generally quiet demeanour.
Mr. Forsyth, of the common law bar, and Mr. Prouder-
pat appeared In support of the petition.
Mr. Corns appeared in person in oppoeltion to the petition.
He eat d, with regard to his alleged aberration of mind, that
he had over-exerted himself out of love to his wife and in his
desire to support her in the position ohs was entitled to fill.
The petition resolved itself Into three polhie, cruelty to his
children, desertion of his wife and children, and ossebral dis-
order and angoverashis temper. He submitted that neither
of them al tan Ma was proved, ant that the pettier should
be disentseed.

—fie Vice-Chancellor said this court did not enrolee the
jeriatUotioa of taking children from the custody and care of
the father or mother and placing them with some cther
member of the family or with a stranger, merely because that
would be forth(' benefit of the thildien. He repudiated any
, each jurisdieloa, sad if this court bad any such jurisdiction
perhaps half the famines in the kingdom might have their
peace disturbed by attempts to show that it woo for the inte-
rest of the children that they should he remove I from the '
custody of the father or the mother. It was a serious
matter to interfere with the rights of a father with his own
children, and this mart ought never to interfere mil. sa in some
material end important retirees it warn eaesattal tothewelltheing
of the children name pbgsically. intellectually, or morally,
that it should. This court would interims it the fa her in-
culcated views end habits on the children which would
militatdagucat their yellerd in after-life, or where he was
guilty of such violence and cruelty that be was unfit to
ban the care of his children. There wee cot even s sug-
gestion in this oath that Mr. Cu, would demerthes his
children, or inculcate had opinions, or ems neglect them.
Mr. Curtis, it seemed, regularly attended the services of the
Church of England, bat be had peculiar notions on the
subject of intuit treptleio, %bleb he thought ought sot to be '
administered. That might or might not be an erroneous
opinion, but It was no ground for toying that he wee an '
oath person to have to, care of hilkohilMen. It wee said
that Mr. Cathie, eireareatemse were straitened, and that he
could not mom rs ehthinn la their proper maim) but
poverty ensue NM* be Maas a man's children from him,
sad it appmed NM Mt. Curtis was eltilful as an imagines;
sad se Seale wee Miele melatain his claim. He now came
team eislygremel ea with* the petition wasfounded, and that
wee the allegafion of violent:goad cruelty. Some of theallered
violence might have ben armed by the eggravation to whioh
Mr. Curtis was subject= the torte( his wife. lie must say he
believed that now adm wives did not eufficiently rounder
their heabeade widows. However harsh and cruel a husband
might be, that did not justify the wife la that want of doe
entesierket to the husband which was God's law sad mass
law. He believed that in this owe there ware faults on both
aides; but Mr. Corti. himeelf said that great allawthiam
ought eo be made for Mrs. Curtis, because during • great
part of the time that they were living together she was
placed in such oireumstanoes that she mil I hardly be en.
pealed to conduct herself with propriety. His Honour the*
weal through the surged Matthew of violence and cruelty,
and said he thought it was much exaggerated. The desertion
in this case wee in the first instance desertion by the wife,
and it was desertion of the moot cruel character. He made
every allowance for any harsh treatment to which she had
been subjected, but the husband was unfortunately in a g.)-
VOlllllllllll lunatic wylem in a foreign country, and the wife
left him there to the mercy of strangers, and came to this
ematry, a proceeding to which she smeared to have been ha-
rt:gated by her father. He saw no MOOR why Mr. Corti'
should be restrained by injunction from hark; the eery of
Me eldidree, and he should therefore dumb. the petition.

COURT OF QUEEN'S BENCH.-MAY 9.

—(Before Mr. Justice Hilo, and Justices
Crampton and Hill.)
SCULLT f.

The arenustats to this cue easiest the rule which the
defendeat, Mr. Ingram, M.P., had obtained for a new trial
were resumed this morning by Mr. Mils a-d, who contended
that the evidence of Mr. Dianna aloes justled the flndlog
ci the jury, but Vlt came to a questioa of comparison
between the two patting, as the one use so mu. h stabled to
belief as the other, the an was still more taasatially one for
the determination of the Jury, aad *het their verdict, there-
fore, should sot be disturbed.
Mr. Gordon Allem followed oa the same side, contending
that the verdict should mate disturbed.

Mr. Basin (with whom were Mr. Haddlearon and Mr.
Prentice) wee about to address the wart on behalf of Mr.
"Mrwhen
Campbell observed that It was the opinion of their
lordsh'ps that there must be a sew trial, the jury not baring
separated the damage. In the two counts, one charging the
lore of the estate and ihe other Lir the debt, but having &to
damages generally.
Role absolute wxordingly.

COURT OF COMMON PLEAS.-ALT 9.

Shaw la Dom.—(Belon Lord COW Justice Cockbore,
sad Justine Crowder, Willem, ml Bytes )

0. TII■ 111171011 11,101TABLZ 120801A0C111 COII-
•AlT.-DUTCTID POLIOT.

This was an action to recover the amount of a policy for
4001, elected :on the 6th of Merch, 1847, upon the life of
Mr. Thompson, who died in March, 1858. Before his death
Its became bankrupt, and the plaintiff was hie amigos& Toe
company diermied tbe claim under the fullowtog *cam-
. steam:—The fourth condition endorsed on the polky was
this, .1s ems any frendulent or untrue statement is con-
tained la any of the dreationts addmseed to at
deposited with the company is to ivien to the
within amorenee, them tide policy shall be viol
In answer to the quarks pse, Mr. Thompson omitted all
refereed to a week's reirious illsen which &fel him white
on a visit to Blimingharn in January, 185 d, and this It was
seatendsd amounted to an un.roth, which eitiiited the
policy._ It wee, however, not Imputed that the engem hod
bon firmed with any fraudulent inteek.n. Aa the trial
beim Mr. Justice Bytes. at Liverpool, the jury found that
no . materiel" information bat been withheld from the.oom-
pony, and thereupon a verdict wee entered ter the plamtif,
subject to the opinion of the court. Bobeequently a role to
enter a rob for the defendants was obtaieedj it being con-
tended that the company was entitled to tree st.ternents
without reference to the question of ma'sciality ; and tioday
the matter came on fi.r argument.
Mr. Edward James and Mr. Henderson ensued to show
csu.• splint the rule being made absolute, and Mr. Atbee-
ton and Mr. Qoaln to support it.
The Lord Chief Juries was of opiates that the Ink
should be mode absolute. On looking at the "perusal
statement" of the maimed he found that it cooteieed room
ether queries "question 4," inquiring whether the party
upon WOOllO USG the Insurance was pm-Timed had hod aim
bessey, any sad whet disease r.quiring conflarentar. sled
the 11100/114 answered simply end emphatically, "No." It
that bad stood slime, and there hod bees nobles to qualify
that answer, it w.s clear beyond all powibility of imetioverey
that It would hays been an entree answer; sod it ismain.d
to be considered whether there was anything in the
subsequent stover* which 60 qualified List char
and distinct negat so as to reconcile it with the
truth. Further on questions were proposed, " How
often hoe medics' attendance bets rowsired P How long did it
cautions? For what drums. or dhows 11 For wlistriiwil
.

am yea (vatted to tbe boyeeeihellrilarle trace
the eirouseareace occurred P (Me Us miee ehtme of
the melleal &maim r It Noma i• idol Aria that the
imered la his moms Mena le sae Meer oaly, sa Mbar
Mr he waseamiel by Dr. Dam, which was ace the lost
awl ma mem Meer beam die tale of the volley. The
het ma sore Mast clam seemed at Hinarnehars, Mrs
Ira wee attsaird by We phydiam sad ast.taar isedical
an. He thought the AIM el all the mama
Emanated te this, a make Ariel et any Mem
regairtag etallameet vtlk the ledilletelea at ea
egialeska at ate Male etardea Um% elm st-
Mime by Dr. Roper, tbeil wee ast amestaaet withthe MIL
It me rot me that is art sews bat oar *brae Itatitillt
ateammt map ahem hew stiesarl Dr. Paw he
Weiss wise Mr he bed &my ash= Rasta.

DfiCeillelli fur sowers' lays, daring which hie life was in
danger. He tlanngtt that these answers left the wetter eel
short of the truth, ant Wireless that the assured hai sof
given true answers.
Role absolute.

CENTRAL CRIMINAL COURT.

THE QUEEN V. WILLIAM NEWTON.

This was an indictment against the defendant for libel,
the prosecution being instruted by Dr. Godfrey, the de-
fendant In an action fur seduction of a very extraordinary
character which lasted several days in the Court of Queen's
Bench, the pre,ent prosecutor tdtimately having • verdict
in his &your. . The prosecution arose out of an articles pub-
lished la • newspaper circulating at the teat end of the town,
bating reference to the trial. The bill wee found at the last
cession, and the defendoot put in a special plea, justifying
the libel on the ground of Its being trim
Serjeant Parry was spar:tally retained, with Mr. Tindal
Atkinson and Mr Poland, to coadnat the prosecution.
flerjearit Bollontioa, who woe also specially remand, Mr.
' Keogh, and Mr. Giffard, were counsel for the defeodent.
fierjeant Ballsni in. mole an application to postpoes the
trial to the next session, on behalf of the defendant, the
ground of the application being that It wee found impossible
to procure the attendance of a witness nomad an the plea at
this seedaxwboreevidence was considered to bevery material
' for the defaces. An affidavit to that effete was banded to the
court, and also a counter affidavit on behalf of the prosecution.
It way agreed between the learned conned an both sides
that no comments should be made in eefer*ee to the coos,
and that the question of tbe postponement of the trial should
he bit entirely in the hands of the court,
fierjoant Ballantine, in answer to a question pot by the
Recorder, mid that it was randonlYedly very material to the
inquiry that the witness named In the plot should be in at-
tendance, and be believed that by the next ecisaim she would
be rarer.
Selman Parry said be concurred with his learned Mead
in thinklag that it was very Imoportant the witness referred to
ehould be present, and Dr. Godfrey was most anxious that
she should be examined, sad on his part he ehould there-
fore offer no opposition to the postponement of the trial, as
all that Dr. Godfrey desired wee that the troth should be
made known.

The Itoo7der mid that es the presentee cossented to the
postponement of the trial, and as • very Important question of
character was involved in the *dry, upon which the
evidence of the absent witness would be moat materiel, be
thought the better course would be to grant the application
fora postponement.
The as will consequently stead for the June melon.
.../frai Williams, 49, wee Indicted for • mb demeenour, In
A
stamina money by false pretences.
Yr. Poland prosecuted ; Mr. Sleigh wee counsel for the
therndent.

This was a prosecution instituted by the Mendicity
' Society, and the evidence wad to show that the defendant
had been carrying on a very extensive system of plunder
upon the charitable portion of the community.
Mr. alldono, a gentleman residing in Bohnegeare said
that the defendant called upon him and represented himself
to be Dr. Felix Arnold, of Ballicd College, Oxford, and that
he had just arrived in London by the treb, and was sheet of
cash to take him home. The POOll, had the appearance of
*an gebetteman, and
gare him 10a., end the seeaded la "raininer sieTto isuesaPialahtt
a poet-cake order for the unmet on the to/lowing day, bat
he never saw anything of him. =VI be wee in custody.
Mr. Freeman, an iron merchant, in Cassaptueet, said
the prisoner celled on him en the 21st of January, and after
apologising for the intruskm, told him that he had just
arrived from Edinburgh by the steamboat, and that he was
eh et of cash to carry him to Low Moor, in Yorkshire,
where be resided, and he wished for assistance to enable
him to reach his destinnoe. Witness told him he had
been to often imposed upon that he wee compelled
to be caution ; bat he had FO much the appearann
and manners of • gaulleman that he felt some d icem In
asking him for rasoooollromOlon of hie story. De did et, how-
,Tr. and the primmer thee mid that Ito was well known to Mr.
Wickham, the member for Bradford, and to the chomp= of
Low Moor, whom name he mentioned, and .ith whom wit-
ness wee sepadated, and be added that be did sot late to go
into a pawabeein'e shop to pledge his watch, bat be woo
willing to leave It with him as smart . The prisoner said be
only wanted 11., se that would b.es cunt to tube bin boom
by the third clam train, bat witness said that it must be un-
pleasant fora gentleman to travel by such a coroeyance, and
he gave him two sovereign, the prisoner, when be received
the money, nearing him ort the weed of a man of honour
and • Christian that he would remit him the amount the
moment he got home.
Another coos of • similar character was gone into, and it
appeared that when the prisoner was taken Into custody •
number of what are called in slang phraseology "tickets
were found upon him, containing the atones of persons well
known in different localities le all parte of the country to
whom fraudulent person might make reference in men
of neorsity.
Mr. Sleigh said he had watched themes, and he ft It it wee
hopeless to offer any defence, and the jury therefore at one
returned • verdict of Guilty.
The Recorder, In passing @entente, observed that proceed-
ings like them of which the prisoner had bees guilty were
ealculated to entirely dry up the spin of charity, and he
attired hint to be kept at hard taboo/ for d
eighteen months.