The Express.
London, England, 1866-06-29 00:00:00

LAW INTELLIGENCE.
(THIS DAY.)

COURT OF QUEEN'S BENCE

After Term Nisi Prins Sittings at 'Westminster-04,e
the Lord Chief Justice and a Special Jury.)

THE QUE/31 V. WILLSIL.--THR LILDS BANKRUPTCY SCANDAL,
The Solicitor-General said the trial of this indichnu
was postponed last term on the application of Mr. Catn.
ridge for the defendant on the ground that Lord meet. :
bury, who was a material witness, •was iibreate a*
felt on that °cession that he could not resist that aigi
cation, and be had now to make a similar applicaliza ne -
behalf of the crown, viz.: the absence of the most n'tniag
witness for the prosecution, the Rev. Mr. Herding, enes.l
of St. Ann's Hill, Wandsworth. The affidavits of kr. .
Greenwood, solicitor to the Treasury, and other, stud
that every possible endeavour had been made to "open
My. Harding, but without the 'lighten vs.
ability of success for the present. They ails
stated that it would be unsafe to proceed to trial is ma.
Harding's abeenoe. Mr. Pollard, a clerk in the Mee ci
the solicitor to the Treasury, stated that be bad and OTtly
endeavour during the part week to find Mr. Harding. Thee
gentleman had left the vicarage and taken new
his family, furniture, and servants, bet ne to
knew where he had gone. The beadle, the pew
the police, and the tradespeople had been appheirl.
they were unable to save any information IN to Meehan
about,. Letters by post brought to the Vicanp lad ban
forwarded to Mr. Harding's son, 6, New-sqoare, Wawa.
inn-fields, and Mr. Greenwood wrote to that math.*
enclosing a subpcena for his father, but it was returned hp
him, stating that he was unable to comply with As
request.
The Lord Chief Justin—ls there any prospect el b,16.
him ? ----911
- ' None during the pang iii.,

tinge. ..
The Lord Chief Justice—But what is the ono of pm.
potting the trial if there are no means of ever piles%
whites" ?
The Solicitor-Cleneral—Mr. Harding is manifestly kap, .
ing out of the way. If the case was adacooom it v.
hoped Mr. Harding would be found some time or cek,
He felt it would be a failure of justice to go to trial mg,
out Mr. Harding.
Mr. Coleridge said it was true the case was poetfoold„
net on the application at the defendant, in oonsequemee
Lord wooebury's absence, but because the cue stood is
low in the list that the probability was g
would not be reached, and that Murder* y
was not worth while to hurry Lord Wesiluy
home from Florence. In fact, the ease WY me
reached and it had to be made a remand. lie weld*
deny that Mr. Harding was a most material wines, lad
therefore he ought not to oppose the application.
The Lord Chief Justice—How lately has he diampsued
Mr. Coleridge said he seemed to lave gone any is..
posely to avoid giving evidence on the trial.
The Lord Chief Justice said the absence amoral sat
sufficiently long for him to conclude that it vas kopek.
to And Mr. Harding, and that in oorcemiesse tic iadist •
meat ought not to be kept hanging over the ddeulsat.
The trial he thought ought to be postponed eatil the mat
sittings.
Mr. Coleridge said, to be candid, he should be wry te:
go to trial without Mr. Harding.
The trial was accordingly postponed. .
'AUSTIN V. NALL.
This cue was recanted this morning, when Mr. Mint,
an expert, was called to speak to the Minden* pt.
CYO.

COURT OF COMMON PLEAS.
Sittings at Nisi Prins in London.—(Before Led Odd
Justice Erie and a Special Jury.)
SHAW V. TIM LONDON AND or. KATILUIDEI DOM
COY PAN Y.
The plaintiff in this case, a gun maker, living in
Grove-street, Commercial-road, sued to recover Osamu
for the death of his son, a young man about 20y d
age, who was killed whilst working as a labourer stile
Docks.
Mr. Warton appeared for the plaintiff, and Ur Xi;
lake, Q.C., and Mr. Murphy for the defendants.
The accident happened on the Bth of Februszy,loo,
The plaintiffs came was that at this date the two do*,
companies had recently amalgamated, and the (*.sequel*
WAS that wool was sent to the place where the demi*
was employed. He had before been employed in hoist*
tea ; and had no experience as to doing similar work Ail
wool. On the day in question, be and another ,
man were employed in sending up wool from a lower le
an upper floor of a warehouse connected with the Black. '
vt 11 line, and three bales were sent up at once. One of
these " sets" struck the flap and tilted, and the malt wis
.hat the top bale first came out from the slings and* 1,
others followed. The first bale fell upon the dross*:
struck him on the head, broke both his jaws, rind others*
hurt him so seriously that he died in a few days.
Upon the question of negligence it was said that its
slings were too short to allow them to be "reeved," tkd
is, to have the loop at one end passel through the lop*
the other. It was also said that the men should Ws
been supplied with a " beater " to beat down the di*
after they had been reeved. It was also said that tis
slings had never been used for hoisting wool before,
that after the accident new slings and also beaten ism
furnished to the men. The plaintiff's counsel twits
said that the traverses on which the men stood wee
constructed that in the event of their seeing"
down they could not get out of the way. TUN lrglig
WAS another instance of negligence ; hut on his
expressing an opinion against receiving such eviditti
was not tendered.
The plaintiff founded his right to sue upon this, *alb
had a money interest in the life of the decease!, Mows
the deceased used to give him a portion of his earn**
a labourer, and as working overtime at the gun hnsa
Mr. Kerslake submitted that there wee no rafted"
the jury • that the accident arose from one of the Mks if
the employment for which the masters of the decemei
were not responsible.
His lordship said that he should reserve this pods
for the full court.
Evidence was then given for the defendants that*
slings were long enough, and that the men' incladmgiii.
deceased, had been cautioned not to send up bales
" reeving" the slings. As to the " beater," it was me
er
that the men could have easily have procurd sack
strument as that if they had thought tit.
The jury, after hearing the summin,g up, at once fool'
verdict for the defendants.

-----
COURT OF EXCHEQUER.
Sittings at Nisi Prins at Guildhall.—(Before DU. Bea
Bramwell and a Special Jury.)
BARNARD r. LONDON GEfLKAL oltNIBI•4 carat.
This was an action by a cab driver to recover mopes
tion in damages for bodily injuries sustained by h
through the alleged negligence of the defendants' sernsP.
Mr. E. James, Q.C., and Mr. Straight were for *Air
tiff • Mr. Giffard, Q.C., and Mr. Thesiger for *
Pendants.
On last Boxing night the plaintiff was driving for
wheel cab in Chapel -street, blarylubone-road, when of
the defendants' omnibuses, which run between Una*
bridge and the Royal Oak, Paddington, caught the ed
wheel, and turned it over on its side. The plaintiff'' "
,
thrown off with great violence, and sustained a frail,'
two ribs and other injuries. The case for the
was that the cab was on its right side, and that &I
dent arose entirely from the negligent driving e
omnibus driver.
ven to show that
For the defence, evidence was gi lb
cab ran into the omnibus, which, at the time of ths •
currence, hail only just stopped to take in a pamentiit
The jury found a verdict for the plaintiff —damagernio."

- _
COURT OF PROBATE AND DIVORCE.
(Delon: the Judge Ordinary and a Special JIM.)
JAMES T. WATSON. ft
This probate case, already mentioned, was reamed
day, and evidence for the defendantarm given as toete
state of the testatrix's (Mrs. Naylor's) mind. and the
upon it of the groat quantity of wine and brandy etel
she was in the habit of consuming. Dr. Burrouee,
nine
attended her, said that on the Bth of April, lir
after the will was executed. be found her quits
fused and incoherent, and with c lose of memory.
ey
witness thought it scarcely possible that any
habitually drank so much could keep his or her ler
quite clear—they might not be intoxicated in the ea"
nary sense but they would be muddled and
Mrs. Lane, the servant of the testatrix, said 't1;11--it
Naylor was incoherent, wandering, and violist as le
morning after the will was executer!, that she was
ing before the will was made, and continucd Wet "
lens until her death.
[The case was prooseding when our report leftl
COURT OF BANKR UPTCY.
(Before Mr. Commissioner
Coulhurni
IN RE O'ROI-RRE, OTHERWISE FALCON'S. ..A.k
The bankrupt in this case is the well known dreein
and lessee (in partnership with Mr. Chatty teri)
lane Theatre, rending at Aoscia-road. St. J°bl_..:a it
He ascribes his bankruptcy to lowed ent,),.„iiie
the management of Drury-lane Theatre, senn,.t,iog
with Mr. Chatterton, his late partner. The te'"sr4;
several months in custody at the suit of one or
diton, but at length obtained his release on entering
iti.TlZZ"Zi.alwese sittingandfortineaxaming tiillguonretialles:l 69411116
The accounts, which bad only just been eiledr
nide the following items :—To crt'ditoll upb7l4l
2,4471. • ditto holding security, 6001.)
in full, 281. The meets, including gw"