The Express.
London, England, 1867-05-15 00:00:00

LAW INTELLIGENCE.

(THIS DAY.)

COURT OF COMMON PLEAS.
at Nisi Prins in Middlesex.—(Before Lord Chief
Justice florin and a Common Jury.)
FRAY r.
xi,- Fri". the plinitin in this cue. which was tried yes-
, , „..,11dwil this morning fora stay of execution upon
iu the first place that the jury had been nus-
: Ift r object acs to 'ROTC the full court upon the
t.
• , 1,.,rd Chief Justice said that it wan zutneoesoory for
esecntion, because no execution could issue
•After the commencement of next term. He added
.aiTosed it would be useless for him to give any
reference to the proceedings in which the plain-

. ..
)1,, Fray said that she had the very best advice from
, able solicitors. She complained that ahe bad been
"r treated, that she had lost a tine estate which her
r, ha was very wealthy gentleman, had possessed.
Chief Justice again sug.gested the propriety
I ontitf being well advised by her solicitors.
fray-011, I my lord.

_
HI tN T. THOMPSON.
"r,j war an action to recover damages for illegal
..v„s. Ana the question raised was one of considerable
wrt..uce in reference to the construction of the Metro-

L.,,. Loc.ll 311111:14.111ellt Acts.
1,. Keane, Q.C., and Mr. Foard appeared for the
: wad, and Mr. T. Halter for the defendant.
lb,. facts were admitted. The plaintiff was tenant
ur h., an agreement to the defendant of the house,
I.mcaster.place, Notting-hill. The rent was G.V. a
and at Christmas, 1816, a ivarter's rent became due.
inr the 24th lhcember the plaintiff received a notice
the er.try that he was not to pay any more rent to
6. defendant until the amount due from him to the
Irish fur making the road-20f. to. 1111.—had
paid. On the L'Ath the plaintiff sent this notice
the d,fendant, but on the :hul.lannary the defendant put
for the quarter's rent. On the 7th January the
II demi jolt the 111. :is. to the vestry and on the Bth the
„la for this sum was shown to the defendant,and there-
,pan the distress Wan taken out. The plaintiff had refused
1.. pay the expenses, and therefore the broker before retir-
i,.: ...Lied A couch for the expenses, 18s. Under these
eir-
„,.t..-,ce+ the question was whether defendant hada right
.-. . .

Tim Lad Chief Justice said that there was a good deal
et diPocult~ in construing the statutes, but the case would
tare been much clearer if the plaintilf had paid
,the
nstre before the distress was put in.

Mr. Keane—lle was told by the vestry that they would
send fur it ; and he wa• boiling the money for them.
Mr. Salter said that his contention was that the land-
Tunis remedy was not taken away until the money had
hive ;a:wally paid to the vestry.
•orant was entered fur the plaintiff for sf. Tis. by con-
Rot, hubject to the opinion of the fall court upon the
questions of law.

BAIL COURT.
Meting, in Banco.—akfure Justices Blackburn, Shee, and
Lush.)
tri,llE r. THE MI DIANDRA ILW AY COMPANT.-JUDGMENT.

Mr. Justice Lush, insdelivering judgment in this case,
SAW this was an action to recover compensation in damages
for the breaking down and overturning of the defendant's
aarriage, whereby the plaintiff was injured. The accident
arose from a fracture in the tire of one of the wheels
of the carriage, owing to a latent defect in the
inkling. At the commencement of the journey
Me wheel was to all appearance strong and sound, and it
wan airmen that such aws might occur without any fault
in the manufacture of the wheel. There were no means
of detecting it before-hand. The carriage on this occa-
sion bad been examined, according to the usual practice,
before starting on its journey, and had answered to all the
mai tests of eoundoess. The cue was tried before
him at Durham, when he directed the jury that if they
believed the evidence the defendant, were not responsible,
and they found for the defendants. A rule was obtained
for a new trial which was argued before himself, Mr. Jus-
tice Blackburn, and Mr. .Justice Mellor, on the ground that
a carrier of passengers was bound at his peril to provide
roalworth carriage, notwithstanding it laboured
under an infirmity of such • nature that it
could not be guarded against or discovered. The question
was one of vast importance both to railway companies and
to passengers, and as there was no casein the reports which
Abased it had been argued and solemnly decided, the court
took time to consider its judgment, and having done so,
be Adhered to the opinion he expressed at the trial, that
the law imposed no such liability on the railway company.
Mr. Justice Mellor concurred.
_ _

Mr. Justice Blackburn dissented. According to his view
,f the law he considered the rule should be made absolute
•or a new trial, on the ground that there was an absolute
obligation of responsibility, on the part of railway cornea-
-5!, I, to provide landworthy carriage. But as the majority
of the court entertained a different opinion, the rule must
be discharged.
Yule discharged.

COURT OF PROBATE.
(Before the Judge Ordinary.)
PRECMAN AND 14TYAII V. HIMHER.
Mr. Coleridge, Q.C., Mr. Mennen, and Mr. Throw) for
lb*, Plaintiff Mr. Edward James, Q.C., and Mr. Pritchard
for the defendant.

The testatrix, Miss Mar, Woottoe Copp, was the
laughter of a large fulling.millowner, who formerly carried
oe business in Exe Island, Exeter. He had several other
children, one of whom, a son George, was the father of the
defendant. The plaintiffs were also relations. Archibald
Inflows had married a granddaughter, and Mr. H.S. Strut,
attorney in Loudon, wan himself a grandson of the tee.
attix's aunt. On their behalf it was alleged that George
'opp had offended his father by ' • Mae Clark in
1011, but that be had continued in his ether's service at
trolly wages till 1829, when his father set him up in buni-
ons in Liverpool Mr. Copp, nen., afterwards made a will
'hereby he left him • pound per week on condition that he
user returned to Exeter ; but as he predeceased his father
gas bequest was inoperative. The rest of the Copps died
me after the other, bequeathing their property to the
unison, until the testatrix became the recipient of
*ally the whole of it. She executed several test-
amentary papers chiefly in favour of the plaintiffs and
it thantable institutions. The will in dispute
vas made on the 18th of December, 1860, and it was fol-
lowed by • codicil, dated February 21, 1862. She died on
the Ist of ()ember, 1866. The instruments were propounded
by the plaintiffs as executors end residuary legatees,
sad were opposed on the ground of undue execution and
want of capacity. The specific legacies (which were very nu-
merous) amounted to 11,4911.; and amongst them were gdta
iiOF, to the defendant, Georgina Hughes, and 1002. to
her ilanghter.
(The case was proceeding when our report left.]

COURT OF ARCHES.
(Before the Right Hon. Dr. Loshington.)
%KU r. euI;LTHUMMT.—ALLEULD DICSECAATION Or ♦

CHURCHYARD.
nit case, in which • churchwarden WU charged with
shsterating • churchyard, and thereby offending against
6.e Imrs m
eles iestical, cae on thia morning for hearing,
lad from txhe numerous witnesses to be examined rove
voce it is t petted that the case will occupy a couple of
His lordship has set apart two days for the hearing.
home preliminary eruceedings were reported in this journal
ho a fonner occasion. The Queen's Advocate and Dr.
ecs:d for the promoter of the suit, William
a magistrate of the county of Somer.
Dr. ane, Q.C., was for the defendant,
Coulthurst, who was one of three church-
tandem of the parish of Chew Magna, Somerset
mile Queen's Advocate opened the case on the part of
Aclam. It war a criminal proceeding and came
14
Wore the court on letters of request from the Bishop of
n and Wells. The offence wee that a footpath had
be altered, that the soil of the churchyard had been
,wed, and that human remains were conveyed to •
/Pm,. The defendant had appeared under protest, on
t", Mend that the other churchwardens should have
hero cated is this letter, and he prayed to be dismissed
fr.. the out. The objection was overruled, and a
eKt`.nl as Native allegation, which Mr. Coulthurst had filed, was
nanlinissible. The defendant alleged that
Pr-sentations bud been made to the vestry, and by •
4 root, ration of the vestry the pathway was ordered to be
'ld, and all that had been done was approved by the
h. and that the clergyman as well as the rural dean
'
consented to the alteration. The allegation was ad-
ted and a hope was expressed that the matter would
g° hr. farther, and it WAS admitted that the defendant
have ordained a faculty. The admission was made
the leaned counsel. The cane proceeded to the pre-
p'', Manor,
Adhim was the find witness called. He said he
Parishioner of Chew Magna, and • magistrate of
t- Ile had been absent about eight months and
"turn.,l in August. In September he was returnini
n: lauding, and it rained very hard. He
eq the churchyard, and saw the path ar,=.
"'" was a trench like • railway cutting. He
reed • thigh of • human body and he said to
• voulthurat, " What in the world, are you doing !"
toll Mr. Coulthunt that he was acting
..411f, and he believed that be said he had begun io and
Id finish it. There had been a rate to repair the
• bet it was rescinded. When he said • cutting like
2taV. it was certainly on a small scale.
P.rici., solicitor to the Corporation of Bristol and
the magistrate,, gave similar evidence. He saw
hones removed out of the trench. Witness de-
-1 the conversation between Mr. Adlam and Mr.
,lamest, and the former declared that it could not be
without a faculty.
"e mac proceeded and will occupy a sou* of days.
COURT OF BANKRUPTCY.
(Before Mr. Commissioner Goulburn.)
IN NE J. U. WILN/LtHAN.
:bankrupt was described as of no occupation, of
,`"Von-etret. Islington, late • prisoner for debt.
%AS the
Sitting fur examination and discharge. No
had been filed, but the bankrupt states his debts
''' ab out I :,,U4SY., including some due under a former
ptcy.

On the case being canna, the bankrupt did not appear,
and an adjournment sine die was ordered.

(Before Mr. Registrar Spring Rice.)
IN ItE MANUFI. PITONNON.

The bankrupt wu a diamond merchant, lately residing
at Caniden-road—villas. This ia the third bankruptcy.
He is said to have absconded with property worth 80,0001.
in his poewession, and a reward of MR. has been offered
for hi. apprehension. The petitioning creditors are the
National Bank, whose debt is 1,0891. on an overdue ac-
ceptance. _ _ _

This wu the first sitting. Mr. Price, diamond merchant,
Hatton-garden, a creditor for 4,0001., was chosen assignee.
Mews. Linklater are the solicitors under the proceedings.

THE POLICE COURTS.
(TIIB DAT.)

GUILDHALL.
BREAKING A PLATE-GLASS WINDOW.

Afar', Cashman the wife of a shoemaker, living at 9,
Currier's-row, St. Andrew's-hill, was charged before
Alderman Hale with wilfully breaking a large pane of
plate-glass, value 21.
William Greagsby said he was landlord of the Cock and
Crown public-house, St. Andrew's-hill, Doctor's-commons.
Last night, about 10 o'clock, the prisoner came to his
house awl threw a piece of brick, and afterwards a last, at
his plate-glass window and broke it. The Value of the
glass was 21. She had been in the house during the
evening, and had been put out two or three times. Her
husband frequented his house, but he was not in there
then.

The prisoner, in defence, said ►he had five young children
to maintain, and her husband had for the last nine months
gone to the prosecutor's house, and spent the money there
that should have kept his family. She went into
the house to her husband, and wanted to get him away ;
but lie came outside, ill-used her, and then ran into
the complainant's house again. Complainant would neither
let her go in nor turn her husband out. Her husband
came out several times and struck her, and knocked her
down, and then wen;.. back again into complainant's house.
That aggravated her, and she threw the last at the win.
dow. Her husband spent all his money and his time there.
The complainant said her husband was there a great
deal.

Alderman Hale said he must fine the prisoner the value
of the window, 40s. ; and in default of payment seven days
imprisonment.

BOw•STSEET.
ACME IN THN GALLERY.

James Kendrick, who described himself as a licensed
victualler out of business, was charged with being drunk
and disorderly in the gallery of the Strand Theatre, and in
Surrey-street, Strand, last evening.
Police-constable Bartlett,. 142, said—l was on duty in
the theatre, and heard a noise in the gallery and cries of
" Turn himi out." I went up to the gallery where • lady
came tome and told me that some young man had punched
her in the eye with his elbow several times. The young
man who was with her commenced quarrelling with the
prisoner and upset the whole house. I went to them and
separated them, and got them to the bottom of the gallery-
stairs, where they both wished to give the other into custody,
one for assaulting the other, the other for assault-
ing him. I told them I could not see any marks
of violence to warrant my interfering, and they must take
out a summons against each other. The prisoner would
not believe me and would not go away, and I was obliged
to take him into custody. On the way to the station be
became very violent. A woman, who be said was his
wife, tried to get him away from me. A fireman, assisted
by • civilian, took the woman away from us, and I took
the prisoner to the station-house. He was drunk, but
be knew very well what he was doing.
The prisoner said that he was very sorry for what had
occurred. He went to the theatre with his wife, having
received an order from a friend. Unfortunately he had
rat a drop too
the
oomui t
theatre.odrink, and did not remember what
Mr. Vaughan told him that it was • pity that he took
his wife to the theatre and could not keep himself sober.
He IMr. Vaughan) did not feel disposed to indict • heavy
fine, as the prisoner had been locked up all night, which
must have very much qualified his enjoyment of the per-
formances. He must pay • fine of ss. or be imprisoned
four days.
The fine was paid.
CLERKENWELL.
_ A SCHOOLMASTEZ ASSAULTING A szsrAirr.

Dr. Frederick Rammer, the keeper of a school, at 3s,
Park-street, Islington, was summoned before Mr. Cooke,
on a charge of unlawfully assaulting and beating a servant
of the wane of Martha Clarke.

Mr. Davis, solicitor, of New Bond-street, attended for
the complainant. It appeared that the iomplainant is •
domestic servant, in the employ of • Mr. Masters, residing
near the defendant. Mr. Masters' children used to go to
the defendant's school/ but latterly they have been
taken away, and this, it was alleged, bad given rise
to some unpleasantness. On the lith instant the defendant
went to Mr. Muter,' house in • very excited state, and on
the door belnierriyened be demanded to see the cook,
and, it was , made use of bad language, saying that
Mr. Masters' children had annoyed him, and had made
grimaces to his family whilst they were sitting at hie
parlour window. He endeavoured to push by the com-
plainant, who had the street door in her hand, and in
doing so he jammed her against her wall, one of her arms
being badly bruised.
The defendant said that he wanted to see the cook and
housemaid who bad incited Mr. Masters' children to annoy
him, and that was why he went to the house. The com-
plainant no sooner saw him than she attempted to slam the
door in his fens, and it was in preventing this that her
arm got bruised.
Mr. Cooke add it was very ungentlemanly of the
defendant to go to the house to nee the servants. What
be should have done if he had any ground of complaint
was to have gone to Mr. Masters. Ho then ordered the
defendant to be bound over in the sum of 201. to keep the
peace to all her Majesty's subjects for 12 months.
Mrs. Mary dun Havinvr, the wife of the above de-
fendant, was summoned for unlawfully using threatening
and menacing language to Alice Jane Masters (a child),
whereby she apprehended bodily harm, but that summons
was dismiseed.
MARLBOROUGH-STREET.
• CABMAN'S LICSIIRE SUSPINDED FOR MISCONDUCT.

John Kelly, a cab-driver, badge 13,891, was charged
before Mr. Tyrwhits u follows:
Dr. Girdwood, residing at No. 19, Howley-place, Pad-
dington, said that on the previous afternoon he engaged the
prisoner to drive him from his house to the Waterloo station,
and when the prisoner got to George-street, near St. Giles's
Church, be got his horse into a gallop. He told the prisoner
to drive quietly, but instead of doing so he lashed his
horse. He again complained to the pneoner, and the pri-
soner then ordered him in a rough manner to get oat of
the cab. and he did so and got into another, and the pri-
soner then drove his cab against the one he was in, and he
believed injured the wheel of it. The prisoner asked him
to pay him, and he then told the man whose cab he was
in to drive to the police-station, and he did so, and when
there the prisoner came in and was detained by the in-
spector.
In answer to Mr. Tyrwhitt,
Dr. Girdwood said the prisoner was not exactly drunk,
but was excited through liquor.
Police-constable Helliur, 171 C, was on duty at the
Marlborough-mews station, when Dr. Girdwood arrived,
and directly after the prisoner came in and demanded
payment of Dr. Girdwood. fleeing *hat the prisoner was
drunk, be was charged with being so, and detained. A
third cab was brought to the station, it having been
damaged by the prisoner driving against it.
The prisoner said his horse was a young one, and did not
want any dogging.
Mr. Tyrwhitt--But got it all the same.
The prisoner said he went to the station to see if he was
not to be paid. . . . .

Mr. Tyrwhitt—lf you think a man is bound to pay a
drunken fellow who endangers his life you are mistaken.
You will have your license suspended for 21 days. That
is the only way to punish such men as you.