The Express.
London, England, 1866-07-03 00:00:00

Vaitu Intel(Hamm

COURT OF COMMON PLEAS.--JITLY 2.
SECOND COURT.

Sittings at Nisi Prins in Londen.—(Befers. ILL Jostles
Byles and a Common Jury.)
WILLS r. !MOON. _ _

This was an action to recover 300& for money lent, and
the circumstances were of ap!snlialeksracter.

Mr. Serjeant Pony and' Mr. Holl appeared for the
plaintiff and Mr. Hawkins, Q.C., and Mr. Butler Rigby
for the defendant.
The plaintiff had been a jeweller and dealer In articles of
vertu, in Henrietta-street, Covent-garden, and the de-
fendant was a builder and timber merchant in Gnat
Peter-street, Westminster. The parties had for years been
on intimate terms, and during this time they were both
married men. In July 1864, Mrs. Wells was divorced
from her husband for adultery with Mr. Hudson. About
the same time Mrs. Hudson died, and since then Mr. Hud-
son had married Mrs. Wells.

Mr. Wells said—ln 1861 my wife became entitled to •
legacy of 1,0001. stock, and I received 8881. Is. 9d. on ac-
count of the legacy. A portion of that I applied for the
purposes of my business, and 4001. I placed on deposit
at the London and Westminster Bank. After this my wife
constantly importuned me to let her handle some of the
money, and she rendered m house uncomfortable. I drew
out the 400/. and gave it toper. She put it into her bosom
and said, " I will take care of thii." On the 7th Novem-
ber, 1861, whilst the defendant was present, she said, " I
have 1001. here (she had spent 1001.) what shall I do with
it ?" lie said, " Why don't yon let your husband have
it?" She "No, I will it about with me, and
do as I like with it." The defendant said, " Then, you bad
better let me have it, and I will allow you 5 per cent. for
it." She pulled the money out of her bosom, and handed
it to him. He gave her an I 0 U for it. She said, " I
should like something else as security." He said, " What
will you have?" and she said, " I will have the lease of that
house that Wells bought in for you the other day." The
lease was handed over, and I received a cheque for 151. in
advance for interest. In November, 1862, I received ano-
ther cheque for the interest in advance, and soon after
this I took proceedings in the Divorce Court.
Cross-examined—l and Mrs. Wells lived together until
the 22nd February, 1863. I never heard that early in
February, 1863, my wife received the principal money from
the defendant.
Mr. Hawkins said that his came was that the loan had
been repaid, and he called the following witnesses :
Mrs. Hudson mid—l was formerly Mrs. Wells. In Feb-
ruary, 1863, I received from Mr. Hudson this cheque for
2891. This was for the money which had been lent, less
111. for interest which had been paid in excess in advance.
I cashed the cheque, and received bank notes for it.
Cross-examined—l decline to say when I first became
intimate with Mr. Hudson ; it has been answered else-
where.

Mr. Blidaon—l paid the cheque to the Ise witness, in
consequence of receiving a note from her in these terms :
" January 31, 1863.—Dear Sir,—lf it is convenient to let
me have the money you have of mine, I should feel obliged;
and deduct the amount of interest, prepaid, from it. I
will give you your securities back at the same time."

Mi7.ison's pase-book was sico produoed to show that
the cheque had been paid.
The witness, in cross-examination, declined to say
whether at the time the cheque was handed over he
had committed adultery' with Mrs. Wells.
Mr. Juirtioe Ryles said that, in his opinion, the wife was
not the agent of her husband to receive the debt and hand
back the securities.

The jury expressed a similar opinion' and they also said
that they were not satisfied that there had been any real
payment.
A verdict was thereupon entered for the plaintiff ; but
Mr. Hawkins tendered a bill of exceptions to the ruling of
his lordship.

COURT OF BANIERUPTCY.--JuLy 2.
(Before Mr. Comminioner Ooulburn.)
IN RN W. BOOM -SENTENCE OF INPRIRORNINT.

_ ....
The bankrupt was formerly a butcher, of Kentish-town,
since out of business. He applied for his order of dis-
charge from debts of 4951.
Mr. Sykes appeared for the official assignee, and Mr. E.
Reed for the bankrupt.
Mr. Bagley opposed for a creditor, Mr. Eightley, solici-
tor, of Haverstock-hill, from whom the bankrupt had ob-
tained en advance of money for the purpose of satisfying
a judgment, on the representation that his property was
unincumbered. It turned out that it had been made over
by bill of sale to his brother, who took possession three
days before the bankruptcy.
His Honour said this was one of the worst cases that
had come before him, and sentenced the bankrupt to im-
prisonment in Whiteeross-street Prison for three months
and twenty-one days ; the order not to issue till the expi-
ration of the twenty-one days.