The Express.
London, England, 1859-06-04 00:00:00

THE EXPRESS, SATURDAY EVENING, JUNE 4, 1869.

Lisat•naat I). Etymon (OM), to the Loudon, 90, at
Davenport.
Anita( Ass;aitat•Sarze .ft J. Trimble, to the Mtlpoirieur,
30, screw un higsts, at Pathan° tlt..
Midshipman H. W. Minas, to Mos Adamannon, 01, MOM
MOM ship at fart onto.
Naval CiAlet ths Marquis of Qatimalmrty. to the Aboukir,
90, •-rair Memo @hip, at l).umorri.

- -
DEPTFORD, Jr.', 3.
LAUNCH OF TUE ARLO:al.—The preparations
for the Loath of the ecrew-steam frigate Atiador, of 26
goad, from No. s.Hii at this yard, are sow coral hood, and
that arrangeouste mole for the accommodatios of the poetic
are GO an remade. Kale. Tbs launch will tabs place at
3 o'clock on listurisy, in the prwence of Admiral Milos,
Admiral Haunt, n, Comm-Awe the Ma. J. R. Drum:mod,
Capte.n Bookie, end otaer (Serra of the royal navy ani
royal marina Colonel fitranelism, Commanduat of the
Royal Marine. at Woolwich, has directed the band of that
corp. to pr recd to the launch se-morrow at 12 o'clock, and
the bed of in. lt,yal Asylum Ilaboole. Orarowich Hoepital,
will also he in attendance. The pablic will be admitted to
the sari, without re•trirticn, shout me hour before the
laumb, sod riendra provides with tickets wi'l be admitted
to the 'Umlaute at the bow of the yowl. A large potion
of that INTrAs machinery for the Ari ate. 13inuldceurci by
)laws. 11.66.1a1ay, 9os, and Field, we. forwarded to Wool-
wich the day, sod she is ordered to be completed for service
at that yard.

WOOLWICII, it'NE 3.
The Ardent and Firefly steam vessels are ordered
to be totoploted ty ill, nib •oot.

A I irgernatalce; of ne,uhs from Mencbeiter and the north
of Eriland acme, d et Wo girick,thn day, for medical email-
saiLin Filar to odailwion into the corps of Royal Hallam.
&toad Ceptaia J. H. Blackburne, of the Royal Ariillery,
hie ii,c4ned his comet-a 1 n which baa been accepted.

CHATHAM, Jttsz 3.
Tie astboritiee at the Haw Gaud, baring
dr:Vri marying out the remanoteidatlons contained in
the r!port of the Cott tniesioners for inquiet, g into the &Mr
ter) eta*e of the Army, relative to prat/ ding athletic sports
sn t gamer foe the troupe. the Duke of Cambridge has
dtrat rd circulars to be (awarded to the military author
ritita at this garriloon. stating—" I transmit to you the
sec mopan)iag copy .1 a letter from the Watwfiloe on the
euSjrct of the tecesemendatios of the commie...immure for in-
quirtni Into the modes: and sealtary of Aro of the army, that
Istilstais sod enoonragements be given far adilatie gnaw.,
amtegst the troops, sad that the sabers ditriring that
am should be furnished for carrying oat tha uteasure
171117treeive battalions; sad that requisition for the ne-
cessary apparatus, Ct., and for the hire ef a cricket-ground.
If the alms Ca1311,,1 be otitalsed :on government prolerty,
about! be forwattlea"

Tha fol.owiag Limiter from the Admiralty has bees pro-
mulgated here
am commanded by my Lyrae Cormaimionere of
the Ahoirelly to aequtont you that the Royal Mario. pen-
etrate at o way vt loctete for service am, if It for rervire,
to la received for any r rt ing fie •huch they may be properly
qoabfic ! and they toy abu ta remand for harbour duty in
the Mean atditiary.-1 bate the know. eke,
tt W, O. RIMAINE."
Is order to rate ware the entry of mvehmice and seamen
fee her M ijeity's oink.,s notice he* been po•tad at the
dockyard game, to the effect that the Lords of the Admiralty
will give a gratuity of 11. to every perms bringing a ship-
wright, caulker, tte seamen to the dockyard, provided the
Naught ea It for her Majegfa rerve,e. The sum of
ror. all be gives to my parson bringing a seaman
seder 25 years al age who ahall be entered ae a firet clam
sedizaty asanisa.

MUSIC

tab) ilmtlltynte.

EQUITY COURTS.—Jams 3.
()Moe* the Lords hakes of Appeal.)

!NOLAN O. NTIFF.-TIIII "DAILY LONDON JOC/NAL."

The plaintiff in this case was the proprietor and publisher
of a weekly publication called the London Journal and
Weekly Record of Literature, eel:care and Art; the contents
of which were, not the news of the week, but tales, novels,
and 'Melee of a literary and scientific character. The copy-
right of this publication, after it had L,en to ea;atenoe four-
teen yews, In the courre of which the work IMO( had ob-
tained a very lugs circulation, was sold by the defendant,
the origins] roprietor, to the plaintiff in 1867, for 20,0001.
The ',Tinting of the work was coetinned from the time of
the sale at the defendant's office, No. 334. Strand, till April,
1868 when it was removed to the putatir. own (Zoe at
No. 140, Strand. Soon after this the defendant became the
publisher, at No. 334, Strand, of a new work, issued weekly,
and entitled TA* Guido to Literature, which was
alleged by the plaintiff to be, in all but its name,
• fraudulent imitation of the tublleation of which
the plaintiff had purchased the copyright. The defendant,
not satiefteil with this, had also commenced issuing an the
lit of the present month, a daily newep',per bearing the title
of the Daily London Journal. Upon an application before
Vice-Chancellor Wood made this mining, the plaintiff ob.
tamed an injunction restraining the defendant from printing,
publishing, or selling the said journal bearing the title the
.Doily Lnnden Jourmal, or any other journal of the title to
which the words "London Journal" should form part. The
ground of the Vice-Chancellor' a order war, that, in his opinion,
the use by the defendant of the title to question was fraudu-
lent and improper as against the plaintiff, and an infringement
of the copyright which the defendant Lad sold to him.
From this order the defendant now appealed, by motion to
discharge the Vice Chancellor's ordre.
Mr. W, M. Jame., Q.C., and Mr. De ties, appeared in
support of the appeal ; and Mr. hole, Q.C., sad Mr. Speed,
*Mtn.

Tbe Lard Justice Knight Bruce said that *moldering the
a& by the delleadant to the plaintiff in 1667, and the cove-
nants then entered into by the defendant, he thought the
title Lady London Journal, adopted foe the publication,
though a daily one, which the defendant had commenced on
the Lt of the present month, was ten suspicion. to allow of
the diesolatios of the iojonetiGn granted by the its-Choi•
cellor. At the same time he thought the care in one ono
might be open to doubt, and it would therefore be but rea-
sonable that there should ►e an undertaking given
by the plaintiff, and that the thjut.ction should be
continued, the plaintiff undertaking, in the event
of i to dissolution or modification, to abide by any order of this
court as to damage., and by the defendant to bring his u•
ti .0 within a week—the de fondant to be allowed, without re-
ference to any question in the action of damages, to publish
the impression of the Lally Loads. Journal to marrow
morning.
The Lord Justice Turner said it wo unnecessary for him
to give any opinion upon the ceue, further than 'eying that
Le Mt considerable doubt whether this injunction ought to
have been granted at all. He should bare had no doubt bad
the defendant adopted the title of the Doily Journal
without the word " London."

(Before the Master of the Rolls.)
AMA V. EMMANUEL.
The only question of interest in this suit was whether a
bequest of a sum of money to establish a college foe the edu-
cation of &etude on orthodox Judeical principles, was ► cha-
rity which the court would uphold.
Mr. Pamir sad lie. Waley contended that the charity
was veld.
Mr. Folktt appeared for the trustee', and Mr. Selwyn
and Mr. Jeeeell, for the executors, reified upon the modern
statute, by which the rights of the Jewish fraternity ware
put upon en equality with other denominations.
The Master of the Bolls said that the gift was perfectly
legal, and made a decree osteblishing t Le charity.

COURT OF QUEEN'S BENCH.—Jmes S.
6lttlagv to Baaco.-03dare Lord Caraphe4l, Mr. Justice
Wlshaasa, sad Mr. Justice Eric.
NATNTIIII I. NVBET.

This wu a special we for the opinion of the wort. The
bete were these •

TiteplainTiffwita collector of poor-retes in the perish of
Christchurch, but wee dismissed from that office, although,
es afterwards decided by this court in the awe of "The
Queen v. Christchurta," illegally so. Before, however, that
had bear determined the defendant, an overseer and vestry-
man of the parish, had gone amongst the ratepayers end
called upon them not to pay their rates to the plaintiff but to
the new collector. Afterwards the legal point being decided
for the plaintiff, u spinet the overseer, he brought an ac-
tion against the defendant for depriving him of his profits es
a pour rate collector. The queetion tor the court was would
an action lie under such circumstances.

Lord Campbell maid clearly not. Bncb an action woe not
meintsicable. An action of the kind must proceed upm the
suppeastion of malice, end it wee plain that the defendant,
being an overseer and zz .t of the parish, was quits
jaatifisd fa giving a to the ratepayers not to
pay tiger to one who had boas barged from the odic* of
collector.

Q.C., sad Mr. R. Sawyer, eppesred for the
plaintiff; Mr. ilierjeent Potential and Mr. Needham for
as defendant.

COURT OF COMMON PLEAS.—JuNE 3.
&Wage hi Soice.--(Beibre Lard Chief hake CookburD,
sad Judie.s Williams Wilke, and Bylee.)

Till MARL OF SHILIIFIBURY V. SCOTT ♦ND OTHERS.

This can was resumed thh zooming, and again adjourned.
&Way at NY Prise in llidellaux.—(l3efors Mr. Justice
Crowder and a Comma Jury.)
WORTH O. CLARII.—RILL TRANS teTTOPIA.

This and MINI OW of the eirennatencee detailed below.
Mr. lioddlestos sad Mr. Lanka appoind for the plaintiff,
and Mr. Prentice kr* ddisdiat. _
. _

The plaintiff is • body residing at Peckham, end the de-
fondant is a printer la Dorset-street, Selabory-ffiquare. The
plaintiff, in October, 1668, had a claim upon Mr. Francis W.
Stevens, the stockbroker, for 6001., and Whig desiroue of as.
sating her nephews, who were in busines• at Stourport, she
applied to Stevens, but could not get soy money from him.
He advised that a bill should be drawn out and disatuntad,
sad accoediestly the plaintiff and her two nephews joined in
• bill for 2351 , which bill Stevena handed to the defendant
to get discounted. After a tbna the defendant get it dis-
counted, and paid 10/. for the accommodation. He handed
o-er 1601. to Stevens. Whew the bill became due the
*MINI bad to pay It, and she now claimed to recover 12/1/.,
the balsam ntalaed by the defesdeat, contending that he
had acted as her agent In the transaction.
For the defence it was said that the defendant bad acted
as Stevens's agent, and withont knowing anything of the
faintiff. That Stevens bad said that be should have 501.
oe his trouble, and ahould be paid • fusther sum of 30/. off
his bill for work done for a company with which Stevens
had been connected. The whole amount of the defendant's
scomeat against the company was 1101. ; end when he mad
in the newspapers an account of the trona:limo in which
Stevens had born involved he retained the whole balatce.
The jury found a verdict for the plaintiff for the amount
claimed-1264

COURT OF PROBATE AND DIVORCE.
June 3.
(Before the Judge Ordinary.)

NAV) ON FORMA retreats) it. MACD.--AFiCIAL itiRT.
This was a snit arising out of a codicil, executed ea the 211th
of October, 1857, by Mr. John George Maud, late of Croydon.
The testator was formerly en auctioneer end wine
but for the last tweets)eight- years of his life be had been e
member of the corps of -at-Arms. He had had 17
children, but only 13 oarvived. He left preperty worth about
8.501. a year, which, bye will owls ta 1850, he lett Ant to
his wife. end flea MreOM it to be divided equally arsonist
his children. The codicil la dispute coatained the following
clause—" I rotonnoe Lavinia Bailey Maud, to daughter,
from any brat &deb; hem my will; but sbouM she follow
in tho paths of virtue and obedience to the wishes platy dear
wife and my executors, they may give her by imitations, if
they think proper, the stun of 3004 The testator died is
about a year ante be had executed this document. It wee
propounded by the defendant (Mrs. Maui) and resisted by
Miss Mead, ea the round of her father's testamentary in-
coopairagy, and of her mother's undue influence over km.
M.r. estimate Pigott, Dr. Bpinka, and Dr. AVambry ape
ganpeered for the plaintiff ; Dr. Phillimorw, Q.C., and Dr.
istatan for Mrs. Maud.
The case wee a very painful one. tp to 1953 Mbe Maud
had been he r parent.' favourite &tighter; but in that year
she went to the Cryetal PMace without leave. On her return
they confined her to her room for about three months ; after
which time (although ohs wee 26 years of age' they sent her
to school, fine at Clapham mid afterward, at Peckham. She
remained at the latter place till 1857, end sin e then it was
Loved she had been leading en immoral life, which was
alleged to be the reason why her father had excluded her
from ell benefit ander his property.
Oa the other Ide it was contorted that the defendant, left
he, husband, was addicted to driakiag, end that elm was a
parson of very overbearing temper. Poe the stogie °fierce of
go/mg without leave to the Crystal Palace, she had virtu illy
deptived her daughter of her hems. A great dell of evidence
was given to substaatiate them charges against thedefendant,
and to show that she was likely to bare compelled her hue-
Mad to execute the codicil.

His kedeltip, is sumneog op, censured the conduct of
both the litigaata. It wee, unhappily, too-fear that the
plaintiff had become an outcast from so fey ; but the de-
feedant's behavioralr had been injudicious, harfh, sad unwo.
timely. At the eases time that wee not the 191 MS the jury
bed to try. They had simply to determine whether or not
the Water bed been subjected to any amnion in the execs-
tioa of the codicil. . . . . . . .

The jo7y, witboat beritation, found for the defendant, lad
they established the codicil.
The court, however, directed that the cadets. lured by the
*kW before she was admitted a pauper sboald be paid out
et the isesta.

XYDIR T. HYDE.

lia WY • lOWA ter • judicial separation promoted
Ll:Reba garde Hyde, ugliest hw hoabead, Mr.
Dewy Dye. ca the ground etdoltrry.
Dr. Plaliterea (LC.. sad Kr. Derry @waled for the wife.
The bsebsed wee uuderaded.

weTbeTee& e1;;;IITei 11t. Meryiebeee Ghenk ea the
1111 et July, lea They coliebited Ur tubs sum sad

had two children., of whom one still tut rived. In 1887 do
respondent formed so sdalierou. concesion with a warm
named Jane Higgs, with whom ha wax hying u dna dad
wife.
..... . . .

The jury having found elte fact uf adultery,
Rio lanship deweed the separation, with coats.

COURT OF BANKRUPTCY.—Iuxz 3.
(Sere Mr. Coram,riloner nuke )
IX HZ COH ELL AND SHOCK.

The bankrupts were brewers of the Castle ;Brewery, 81.
Georges-road, Southwark. This wee the examination meet-
ing. The failure is a considerable one, u dhclosed by the
subjoined accounts, prepared by Masers. Butler and Cun-
nings

lila accost commenced Inly 26, 1836, and ends January
18, 1869.
Da.
To croditon unmoral ....... A 14.177 1 3
To oreditons boldloo .. • ........... ; Len 6 d
To oftui,ors paid lo fa 11.... ....... • *V
Lolocuol per coots w• • •

To Ilotdldci opoo ti•ls ...... ..". . , . ,"• la 10 3
To dolma rellocutahed bi an orbs biro.Oroa.doly
Dad the cogoodlion, acei bf Is oa don
Jely 90. 3691 ... .......... . 1_1•1e4 I 9
................ ........ ......... I

B7credi„ . :::7:
l'ao (co lams)

&Mal t 9 9

/3240 19 9
1,313 13 3
L4* 4 8

By lama t CIISCOMCIC repreichl,d by MN-
Mee re.dowiltad with our eredtton ......19,051 15 11
Y.llroatel talus Wanted Wow,— .. 1,460 0 0

To ........ . 0.61 is It
BY eurendired —1041m51441 value.. £1,515 0
L1:4.44 to 64 cald 3;0 0 4
1,133 19 8

By proputy bckl as sccurlty by
credtton per maim. vu. :
Ovum lit.l customers* omit's, (ban
above, .. ****** OO 0 0
14.1i:Saki

/Or Li 0
Lev creditor. to be pall 10 rub 9 8 9
---- LES 1 3
By Interest sad law wets 3.016 1 3
By ro4 rat.. am Ws 81710 7
By resewale wed repairs
By trade memo 7,418 1 1
By .11. Cawell • drawlaes . ._.. , -1414 11 7 14.4 U
1 4
tem emanate passerty trAUJORMI boor
.
separate tedium abaci
1,264 12 7
By C. Brock's drawings
1.44. 4.24=4. woven; . tnii;ii'iit;i.liiiii 4"
1
...pstAta 6alaace Atost SOO 0 0
- 590 1 8
•

By lona. 'ln •
On boechouece worked by •11,0
Bad debta
Do. en realisation of cuit.lCla recorflke 6.1.01 II 11
On realisation of plant and otter moiety 4.401 le I
le $
14.914 7 9
By deficiency en Ju:)11.1916. as let *M.
went of lash, l9 1
Br UMW. per contra ............ 111
04,733 19 9
Mr. Jambe appeared for the aasigneee ; Mr. I.,Wir end
Mr. Lowrance for the bankrupt,.
They pawed unoppceed.

bridge, as be bed jumped off the previous train while' going
at thirty mile.' an hour.
Mr. Rulin.ou informed his worship that he anderatood
that the prisoner was on furlough, and that 111 hod been
frolicking, as he hal with him a bottlo h,lt fall cf whisky,
sal he was half drunk when given into custody.
The prisoner said he htd been In the army 19 yaw, and bad
recently returned from India. He had a furlough for two
months to visit his friend", end when he got into the train
he put his furlough in his cap. As soon as he left Erith
tbo latter fell cif his head on the aids of the rails, when he
foolishly opened the door and jumped out after it. He was
extremely sorry for baslag done to, and could assure his
worahip that it lad considerably shaken him.
Mr. Burnham told him that as he was an old soldier, and
had served his country in India for some years, he did not
feel inclined to punish him with any kind of severity; but
he must punish him as an example to him and °there for
the future. He moat pay a penalty of 6s.
The primmer paid the penalty and thanked his worship for
his leniency.