The Express.
London, England, 1867-02-16 00:00:00

Nutße r. WHEELER..--1. (INFANT) r. THE RAWL,

T11...5e actions, in which the pleadingS.were exactly the
same, were tried together. They were brought against an
innkeeper for the loss by the plaintiffs, while they were
guests at his house, of various articles of jewellery and a
carriage clock, which formed part of their luggage, and
were valued at between W. and :all. The defendant
pleaded not guilty, and that the goods were not brought
to his house, and also a special plea under a recent act of
parliament to the effect that he was not liable except as to
30/.

Mr. Dighy Seymour, Q.C., and Mr. Horace Lloyd were
counsel for the plaintiffs ; Mr. Huddleston, Q.C., and
Mr. Cooper for the defendant.
On the 20th June last the plaintiff, Mrs. Squire, and her
daughter, who was plaintiff in the second action, left Yar-
mouth, in the Isle of Wight, where they madded, and went
by the boat for Cowen, with the intention of proceeding to
Hyde. At Cowes they teak another boat, the destina-
tion of the first being Southampton, and on arriv-
ing by it at Hyde, they went to the Royal Kent
Hotel, which was kept by the defendant in that town.
The jewellery was contained in a dressing case with a
leather cover fastened with straps, sad the clock was
kept in a box by itself. The plaintiffs had eight parcels
with them, and they swore to both the deeming-case with
its contents and the clock having been brought safely to
the defendant's house and deposited there. In his special
plea, the defendant Net up the recent act of parliament,
the 26th and 27th Vie., chap. 41, by which it was provided
that no innkeeper should be liable to make good any loss
or injury to goods to a greater amount than 301., except
where they were stolen, lost, or injured, through the
wilful act or negligence of himself or his servants. It
seemed that a day or two after they had been in the
defendant's house, Mrs. Squire's attention was drawn to
the dressing-case, by an appearance which looked as if it
had been tampered with, and on opening it she found that
all the jewellery had been removed. Soon afterwards she
missed the clock.

For the defence, Mrs. Wheeler, the landlady, was
called. She said that Mrs. Squire, immediately after the
loss was discovered, replied in answer to a question that
she had not seen the jewellery since she had been in the
house, nor the clock. She also mid that as the dressing.
case was valuable she had given a man at Cowes a shilling
to take care of it. Witness was annoyed at what had
occurred, and Mrs. Squire said, "Don't make yourself
uncomfortable, as I do not believe it is probable it was lost
here." Once before this Mrs. Squire left her keys behind
her when she went out, and witness gave them to her on
her return, having picked them up on the floor. When
Mrs. Squire and her daughter finally went away she again
discovered the keys in the hotel, and sent them after them
to the pier.
. . . . . . .

Cross-examined—Mrs. Squire was a good deal agitated,
and said it was probably some one not belonging to the
house had taken the property. The chambermaid admitted
that on the previous day she showed • dark gentleman
with a moustache up to • room on the same floor as the
plaintiffs' room, for the purpose of washing his hands.
Mr. Wheeler corroborated • portion of his wife's evi-
dence, and Raid that a framed and glazed printed extract
from the act referred to, as to the liability of innkeepers,
was hung up in the hall, but not in the room occupied by
the plaintiffs. To the extract was appended a notice that
nests should leave the keys of their rooms at the bar.
ife could not say whether the plaintiffs' room had • key.
The chambermaid said the dark gentleman " was a
stranger. He came in with a black leather bag and an
overcoat on his arm, rang the ooffee-room bell, and asked
to be shown to • room to wash his bands. She took him
up to a room ; but did not see him leave the hotel. It
was the practice to let strangers use the house in this way.
The evidence of a policeman and • superintendent of
police at Hyde were called to prove that Mrs. Squire had
said that she must have lost the property on her way from
Yarmouth to Hyde, and that she suspected a person at
Cowes. It appeared, however, that by the direction of
the superintendent a description was given of the " dark
man "in the Pollee Gazelle as the person who had com-
mitted the robbery.
A carpenter also proved that at the request of Mrs.
Squire lie hail three times at least broken open the jewel
box, because the key had been lost. The superintendent
admitted that a similar robbery had a short time previ-
ously been committed at a hotel at Hastings, by a nun an-
swering the same description.
Mrs. Squire was recalled, and positively denied having
said to any one that she did not believe the property had
been lost in the house, and that she suspected a porter at
Cowes. She also contradicted some other material state-
ments in the evidence for the defence.
_ _

It wu admitted by both sides that the value of the
articles in each case wu above :10/. _ _

Mr. Cooper submitted that there was no bailment by the
daughter so as to render the defendant liable for what
she had lost. She was under age, and could not be held
to be legally a guest in the hotel.
Mr. Lloyd said that if the bill for the daughter had not
been laid the defendant could have recovered the amount
from her when she became of age—at least, for the neces-
saries supplied.
Mr. Justice Ryles—Supposing she had been an infant in
arms would she have been a guest?

Mr. Seymour—ln that ease the mother would have sup-
plied the necessaries. (Laughter.)
The learned Judge intimated that he would reserve the
point. In summing up, his lordship said that en innkeeper
was, at common law, an insurer, and liable for what
property a guest lost in his house, even though
there might be no negligence on his part. That
was, however, a very hard law upon the innkeeper,
and the legislature had altered it by the statute in ques-
tion. He then left two questions to the jury—first,
whether the property was stolen in the inn ; secondly,
whether it was stolen by "the wilful act, default, or
neglect " of the defendant or his servants. If stolen in
the inn, he held that in each case the plaintiff was entitled
to the verdict of 301. ; but if stolen by any "wilful act,
default, or neglect " of the defendant, then he was liable
for the entire value of the goods, however much that might
be. They would say whether the chataber.maid allowing
a str►nger to go upstairs to wash his hands without accom-
panying him, and at a time when the servants appeared to
he at dinner, was negligence. The only negligence im.
puted to Mrs. Squire was that she did not leave the key
of her room at the bar ; but it was not proved that there
was a key in the door.
The jury, after having been locked up some time,
returned a verdict for the plaintiff, with 301. damages in
each ease.

Leave Wee given to the defendant to move the court
above on Knee points of law.

COURT OF DIVORCE.—Fee. 15.
(Before Sir J. P. Wilde.)
HODGIEDNON V. HODGEINMON AND /SOVEREIGN.

Dr. Spinks, Q C., and Mr. Bayford for the petitioner.
Neither respondent nor corespondent appeared.
This was a suit by the husband for dissolution of mar-
riage, on the ground of his wife's adultery with the co-
respondent, and he prayed for damage*. The petitioner
is a working engineer, and he was married to the respon-
dent at Manchester in 1803. In October of that year he
obtained a situation at Monte Video, and it was arranged
that the wife should return to her friends, and the
husband left 1801. in the bank for her use during
his absence. It appeared soon after the husband
left k:naland, Mr*. Hodgkinson became "fascinated" with
Mr. Levi Leeman Sovereign, the co-respondent, and she
left the house of her sister to go to Liverpool, to live with
this man. Upon the return of Mr. Hodgkinson he found
that the co-respondent had not only seduced his wife, but
spew the 100 f. He commenced an action for the recovery
of the money from Sovereign, and the latter had to make
himself bankrupt. This curt was now instituted against
the wife to dissolve her marriage, and to recover damages
from the co-respondent for the conduct of which be had
been guilty.
The jury found for the petitioner, and assessed the
damages at 500 f.
The court granted a decree nisi.
PRESCOTT P. PRE.COTT.

Mr. Huddlestone, Q.C., and Dr. Swabey appeared for
the petitioner, and Dr. Spinks, Q.C., for the respondent.
This was a suit by the wife, praying for a dissolution of
marriage on the ground of her husband's cruelty and
adultery. Mr. Prescott is a solicitor, and was the distri-
butor of stamps for the district of Stourbridge,art Worcee.
tershire. Mrs. Prescott was a Miss Emma Walker, a lady
of good family, her brother being • magistrate for the
county. The marriage took place in 1854, and there were
four children issue of the union. Very soon after the
marriage Mr. Prescott commenced a series of cruelties,
slapping her face, swearing at her, and ordering her to
leave the house, as he had ceased to care for her. He also
illtreated the children, and his conduct became so intoler-
able that a separation was absolutely necessary. With
regard to the adultery there could be no doubt, and, to
use the expression of the learned counsel, Mr. Prescott
seemed to have been lost to " all decency and sobriety."
seducing one of his servants, and expending the greater
part of his time in brothels, and In the company of loose
women.

The jury returned a verdict for the petitioner on all the
issues, and the court granted n decree nisi with costa.

GAME LlCENRlA.—According to a return just
issued the game licensee for the year ended the 3181 March
bet amounted in the United Yingdom to 57,5771., and the
number of persona lionised was 1 8,305.

THE POLICE COURTS.
MANSION-HOUSE.
A well,lressed middle-aged woman, named Elknkah
rolling', was hnnight up by Sergeant Brett, the detective
officer, before Alderman Beale;, for re-examination upon
the charge of being concerned in the commission et a bur-
glary, at No. 19, Montpelier.aquare, Brompton, the resi-
dence of Mr. C. Burroughs, a wine merchant, and felo-
niously receiving a portion of the proceeds of the robbery.
The charge against the prisoner also involved another of a
very serious character, namely, that of having malicion..ly
and feloniously set tire to the premises at the time the
was committed.
bulrtie.ul Burroughs said be was the brother of the prose-
cutor, and occupied a portion of the house. On the night
of the 29th of January he placed a W. Bank of England
note, 41. 10s. in gold, and some silver in a Primal paper box,
which but in a canvas bag, and then placed, in a drawer
in the sideboard in the dining-room. He wan awoke on
the following morning by his brother, who informed hint
that the house had been broken open, and upon looking in
the sideboard drawer be discovered that the hox contain.
ing the note and the gold had been stolen. He identified
the note taken by the prisoner to the Bank of England as
the one that was stolen, and alio • box in which it had
been placed.

Mr: C. Burroughs, the brother of the last witness, tall
that on the night of the 29th of January he went to bed
at his usual time, and the house was then quite safe.
About half-past fi o'clock on the following morning be
was awoke by a noise and a strong small of burning wood,
and at the same instant be heard the street door violently
slammed to. He immediately got up and dressed himself,
and proceeded down stairs, and discovered that the kitchen
door bad been set fire to, and a considerable portion of it
IVY burned, and the floor of the kitchen had also been
burned. The thieves appeared to have effected an entrance
by breaking a window in the kitchen looking epos the
garden, and they had then forced open the shutters, and
thus obtained aooesa to the kitchen. The house bad been
wevionaly robbed in November, and after this two bolts
Lad been placed outside the kitchen door, and the thieves,
whoever they were, finding themselves thus haffiel iu
their attempt to get upstairs, had resorted to the expedient
of setting fire to the kitchen door, and had burned it
sufficiently to enable them to get their bands through a.,1
undo the bolts, and they were thus enabled to make their
way upstairs to the dining.room, from whence the money
was stolen.

Alderman Bosley inquired of Mr. Burroughs if he knew
anything of the prisoner.
He replied that all he knew of her was that she had been
in his service formerly for a period of eleven years, but
she was discharged about three years ago. He believed
she had called at the house two or three times sine*,
but he did not know what she bad been doing since she
left his service.

Sarah Johnson, the female searcher at the Bow•lane
police station, stated that when the prisoner was brought
there in custody she searched her, and found the box that
had been produced in her muff. The prisoner told her it
was of no value and wished her to throw it away, and at
the same time said that it had contained lozenges.
The prisoner was then formally linked whether she wished
to make any answer to the charge, and she replied thatshe
should say nothing at present.
She was then fully committed to Newgate for trial at
the next session of the Central Criminal Court.

MARLBOROUGH-STREET.
William Edwards, a young man, porter to Mr. Marcel
Masse, agent for French manufacturers, No. 4, Chapel-
place, Cavendish-aquare, was charged before Mr. Knox
with stealing aM. hank note and a sovereign, belonging to
his employer, and he was further charged with stealing a
SI. Bank note, 51. in gold, and 16a. in silver, belonging
to Madame Vigniard and another, Maddox-street.
It appeared from the evidence that on the 3rd of De.
oember Mr. Masse called on Madame Vigniard, when she
asked him if he was going into the City, as she wi4hed to
pay a bill. He said that he was not, but wanted to send
himself, and after some further conversation left a Zi I. note
and a sovereign with her, promising to send his porter for
it and for any money she wished to send into the City.
Mr. Masse subsequently sent the prisoner, his porter, to
Madame Vigniard, and she gave him Mr. Masse's money,
and also a 51. note, 51. in gold, and 16s. in silver, her
money, telling him he was to pay a bill for Mr. Masse
and one for her, but be never did so, and never
returned. _ . . .

The prisoner asked Mr. Masse whether he had not
written him a letter promising to pay him?
Mr. Masse said he had received a letter, which he
believed was in the prisoner's handwriting, to that effect.
Mr. Knox remanded the primmer.

MARKET&
synAR. —Bumf., FEB. M.—The taw and refined muted
continue extremely Sat, and very little doing. Priem are W. to
la. lower.

TA L LO W. —Fltin4V Fer3l3o.—The tallow Market was steady,
and pmeo cloned as follows —Spot and )larch. 4ffi 91. to 43. ;
June. 435.: Ottober to December, 43a 6d. to Us. AI. Delivery
Lit evening. 1,107; arrivals, 100. At auctions, 'Mews slim',
made 435. 6d. to als. mined and beet, 434. to 434. aid. No ••.o
Americ-an or Australian offered. Town tallow, 421. Wi., nett ca.h.
rocoa.nUt oil Is quiet ; Cochin, : Ceylon, 604. : spine), 'ie•
dined at auction from 445. 6d. to 4%a.: middling to good, Cis.
to 435. 6d.: heavy good body, 42a. to 3d. Palm 41
steady fine Lagoe, Hu od. to 4415. 9d. ; Accra, 39a to his. ed.
palm mit oil, 384.

COTTON.—LITERroot, Fre, 15.—Cotton was In Increased de.,
mend In the early part of the week, and some ads ance took
place lu prices but since Tuesday the business baa loos limited,
and former quotation. are barely supported. nes Island is la
good request, but freely offered, and prices are unchanged. In
American considerable sales were made at higher rate. on Sates.
day and Monday, but subsequently leas has been done, sod
prices clout hd. to Id. lower than last Thumlay. The lasi
nee in Brazil has been rather patens's,, lmt the market*
abundantly supplied, and partially hd. lower. Egyptian Is
in moderate rcquest. nominally without change. nesyrns is
heavy of sale. In East India the business increased early in the
week, and prices immune a little steadier, but during the lan
two days, with a dull feeling, the quotations of last Bride, are
hardly maintained, except In Bengal and Seinde, whkis fully re
fain the advantage then obtained. Speculators hare taken Juries
the week 2,;t10 bales, exporters 15.650 hales, and the trade 4.2,,N
balsa. We have had a fair demand hpday, and a better feeling has
prevailed, the market closing steady at the prices of yesterday.
The sales are 8,000 bales, of which tune are foreaport and specula
lion. The following are the oMelal quotations :—Yair Orleans,
led.; middling, 14Id. fair Mobile, 151 d. ; middling, 141 d fair
Uplands, R.I.

CO/TON GOODS.—MalleilleTr.s, PL. IS —The market is
dull and inactive to-day, with a tendency to weakness in prim.
In shipping yarns there has been a Uttie more tone. There hare
been some rather large offers made, but at lower prices than
spinners feel Inclined to take. I his has given an impression in
scene quarters that the 'market has again nearly reachcl a point
at which buyers may he disposed to operate. In losuc.trwle
yarus the market drags on heamily. There is not south change
In paces, but no far am there Is a change It is more In home of
buyers titan sellers. There has hardly been an average iwrSnese
transacted In them. The cloth market is without my marked
change as compared with I ueaday. rroin that day to the Pre-
sent there has been a pretty general inquiry, and eqweldly for
the higher make of fabrics, such as 30.Ineh shirting's. and of tho
lighter makes of wide shlrtlisgs and mulls, and in theme torts a
fair business has been done. Ruch hosiers., :weever. amid •ery
to done at very unsatisfactory prices to the ix...lnters Today
we have still a fair Inquiry for these goods, but our market Is far
from active, and except for goods of which au en ly dclicury can
be secured little eau be done. There Is no change of pike Moe
Tuesday.

CORS.--Crtligdeirogn, Faa. it —Weather fine during the
week, but thin evening wet. The condlUon emit:what improved.
The hest wheat was taken at ls. to 2.1. advance Inferior de.
neriptions difficult to sell. The supply by nu means large. than.
firm, and rather dearer. Barley, bog runs. rather lower, lint
some Inquiry for seed. Average:-Wheat, 631. ; bark).
475. oats, 235. W.
LiNcour, Frit IS—We have had a fair supply of wheat. and
the farmers commented by asking ls. to fs. advance. but the do
mand not being large, only the hest parcels realised Is more
money. Harley fully as dear as last week. oats In demand for
wed. and prices very arm. Wheat, red, bb. W bit.: white, 704.
Barley. :his. to 64e. Oats, tas. to 21a
csainwL. Pie. 15. We had a fair attendance at oar ear
ket today, and wheat was In more general demiunl, at the full
prices of Tuesday last. Flour steady at previous rates. Indus
corn dull, at 3d. to ad. per gr. decline. Mined American, :;w. :wt
to Id. Oats and oatmeal In limited request at previoss
rates. Beans held for &l. rye advance.
WS•ltgliLb. 13. meets • fair consumptive de-
mand at last Friday's papa. Barley steady. Other articles dull.

COAIA-I.IIIIDON, FEB. IS.—Huddle's West Hartky,
Darlson's Wain Hartley, lid. 3d. ; Holywell llsih. Its. td
Landleri's Wed Hartley, leg ; Walker Primrose. Its., wen
Hartley, las. 3d.: Wylasn, les. 9d.: Walls End !Haden. tot 3d.:
Walls End Braddylls Helton, 171.. W.: Walls End Hassell. 19.
Walls End lied" ; Walls End Hatton Lpan, I'd.
Walls End Tindall, 114. lid. ; Walls End Carmine, 17, Pl.(
Walls End Casson. 17s. Ott; Walls End Ilartlepoi. Cs G._ .1.;
Walls End Original Hartlepool. 19s. ; Walla End lees. s• F4'.
Brancepetheaintel, 17s. 9d.-Bklps at market, 102: toll. id'.

BIRTHS, MARRIAGES, AND DEATHS.
BIRTHS.
BlDDULPH.—Pehreary 14. at Eaton-place, the wife of Si. Bid,
duipb, Lay., M.P., of • daughter.
CLAP-P. —Perusry 14. at Ca:green-road, South N oru ood. Jolis
Anna, wife of J. J. h. Clapp, of a daughter.
31A RTlNSAU.—Fehruary 14. at Cumberland-terra,. Geseath
tart. the wife of H. Martineau, Eau., of a daughter.
PLC —February 1:1, at Corte Mullen Recto.. It johnrr.
Monet, the wife of the Rev. R. W. liunitre, of a
RO!SRIErtti /N.—February la, at nu Green, Tottruhani, the wife

koherUen, of a tau liter.
WAllNi9l.—Febnuu7 13, at Chase-side, Entlekt, the sife of C.
Warner. of amt.

•
MARRIAGES.
GRAHAM—DASH WOOD.—February 14, at St. NI blenT4 harsh.
Chesterequare, by the Hon. and Rey. Arthur Bahian), Lord
M. W. Graham. to the lion. /Im.
HARROLD—BA VLV. February_ 13. at the parish ~hard
Warrahmter, by the Rie J. F "'HUPP.. A. !Parrott .
Birmingham, to Ella Jenny, daughter of F. N. R4l). 14.1,
Wanutnster.
TONI KlNA—LEAN.—Fehruary 14, at Rennhurt.n. 0.00.
of A. T.:Nubble. Esq., of St. Ann's.roail, North Brixton, to Lett*
Denny, daughter of F. Lean, Eaq., R. N.
DEATH&
at
Bl7RNAßV.—Fehrtiary 13, at I:slim-square. L44la. itanghkr
Lkutenant.tiolonel Burnaby, Grenadier Guar&
CREM ER. —February 1:t, at Chelmsford, Elizabeth. relict of L
cremer. jun.. Eaq , aged 66
ESIIUOTT. -February 13. at Ilurpviad. Gosport, Jane, widow d
the late W. Ramat, Req., aged M.
JON K4.—February 13, at SutherlauiLterrace, East lirisein.
Jones, Esq.. aged At.
PAXTON. —February 13, at Dinton stfu, Mertoterisel, Toutlai
Mr. James Parton, aged 75.
PACE—February 13, at Ramsgate, Major Pare, late Madill
Array. aged 76.

Printed and Published by Wrt.Lbut taro HALF,. ^f No-
I.
Loshard-strort, in the City of London, Printrr, at
°Soto, in Laniard-street. In the Precinct of Ithitefriam-0
SATURDAY. DOIRUART 16, 1O T.