The Express.
London, England, 1861-11-25 00:00:00

COURT OF COMMON PLEAS.—Nov. 23.

Sittings in Banco.—(Before Lord Chief Justice Erle, and
Justices Williams, Bytes, and Keating.)
NORRIS r. ANTHONT.—THE INDIAN DOCTOR ASD THE LADY'S

HOTIL BILL.

This was an action to recover 841., the amount of a bill
for baud and lodging at the New York Hotel, Leicester-
street, Leioester-square, and it was tried a few days ago be-
fore Mr. Justice Willer, when the jury found for the de-
fendant

The facts were shortly these : The defendant, Dr.
Anthony, was a native id India, and wax employed by go.
vsrnment to accompany ships carrying emigrants and coolies.
Ia April last he cime to London with the view of getting
as English lady for a wife, and at this time he knew no-
body in England except Dr. Sanger, who came over in the
same ship with him. Through Dr. Selmer he becan.e ac-
quainted with Mr. Woollastoo, who was employed as an none.
taut to his father, • physician in London, and whointioduced
defendant to Mrs. Cannon, a lady who wee living apart from
her husband, at a boarding-hoese in Great Ormond-street.
Mr. Woollaston said that Mrs. Cannon could introduce the
defendant to some of the nicest young ladies in England, so
that he could choose a wife ; and it was in fact through her
that he became acquainted with a highly respectable lady,
the daughter of a clergyman in Essex, and married her.
Early in July Mrs. Cannon was obliged to leave Great
Ormatilotreet, in coasequenee of not being able to discharge
her amount, and she removed to the New York Hotel The
plaintiff's version war, that be declined to trust Mrs.
o\oooo, who was already in his debt some 5/. or 61., and
that thereupon the defendant said that ► bill might be con-
tracted to the extent of 6(11. on his aocouot, and he also
agreed to pay the old debt. This was distinctly denied by
the defent4nt, and there was also contradictory evidence as
to whether he was very frequently at the hotel taking most
of hie meals there, and as to whether he had given orders
on many occasions for wine, fruits, and other things.
Mr X. Chambers now applied for a rule ogling upon the
defeodant to show cause why there should not be a new
trial. He contended that the verdict was against the
weight of evidence, and further that hie lordship had im-
properly received evidence of a conversation between Mrs.
Cannon and the defendant. Another point was surprise.
The affidavits which he produced stated that the plaintiff's
advisers had gone down to trial supposing that the defence
was that Mrs. Cannes was the original debtor, and that
there was so written guarantee, which was necessary by the
statute of frauds to make the defendant liable for her debt.
At the trial they were surprised by thu defence set up,
being that the defendant had
being penonally responsible; and by the defendant deuying
that lie bad partaken to any extent of the articles eupplied,
and that he bad given orders for things to be furnished.
There were also affidavits by the head waiter and by other
servants at the hotel, stating that the defendant bad in
their hearing given many orders for things to be brought.
The court granted a rule.

COURT OF PROBATE AND DIVORCE.
Nov. 23.
(Before the Judge Ordinary.)
RUMAT r HIBBIIRT AND WHITTMONAW
- . •

Dr. Spinks appeared for the petitioner ; Dr. Deane, Q.C.,
and Mr. Hurst for the respondent ; Mr. Searle for the co-
respondent.
lu April, 18S5, the petitioner, Captain Francis Gordon
Hibbert, of the Canadian Rides, married at Graham's Town
Cathedral the respondent, then WA. Marie Louise Eliza-
beth Boyce, the daughter of the barrack-master at the Cape
of ..rood Hope. While the petitioner was in Montreal with
his regiment, Lieutenaut•Colonel Paul Bernard Whittler
ham became very intimate with the family ; and from the
evidence of servants examined by a commission in Canada,
it seemed that he wee in the habit of visiting the house in a
clandestine manner during the absence of the hothead
and while he was engaged in his military duties. He bad
beau seen with his arm round Mrs. Hibbert's waist, and he
had also been observed kissing her. The respondent bad,
moreover, written to her husband a full coofemion. Le a
letter to him, not dated, she said, " I own my guilt, and am
humbled in the duet. I became fascinated ; but I held out
far longer than you imagine. I was a marvel toithe one
whose words and premiere at last conquered. You have
maned to love me—you can now pity. Should Colonel
W— come also to love me not one unkind word shall ever
escape my lips. I know that Colonel W— baa made his
will, in cam anything should happen to him, and that be
has willed all be haste me. And now, poor Frank, adieu!
I have had a fearful night, and consequently feel my iIL
Believe me, your anxious mid unhappy M.vair."
bad been no issue of the marriage, hut the respondent
bad sinoe the separation borne an illegitimate child.
Mr. Searle, ou behalf, of the co-respoudent, sell that a
plea of connivance, which bad been placed upon the record
on behalf of his client, had in reality found its way there
by inadvertence and without his knowledge. Colonel
Whittinghism hail, in fact, been out of the country during
the progress of the suit, sod he did not wish to smut any
imputation upon the petitioner.
Sir C. Cremwell said that the evidence did not leave any
rational doubt of the respondent's cuilt. He was very glad
that the loomed gentleman bad been instructed to withdraw
the coaster charge against the petitioner, for be could not
Sod anything whatever in the cam to raise n suspicion
against Captain Hibbert. He hoped the time would not
soon arrive when a British officer in a foreign country might
not show hospitality to a brother officer without being re-
garded as thereby consenting to the seduction of his wife.
It would I. a shocking thing if a man could not invite a
friend to dinner without having it said, if that panne
violated his ambience, that ho had tounived at it. Be-
sides, a vast number of the virile of Colonel Whittingbain
bad bees clandestine, and were, therefore, not known to
Captain Hibbert at all. There must be • demo aka with
costa

COURT OF BANKRUPTCY.—Noy. 23.
(Before Mr. Abrabidl, Registrar.)
RI •UMTEN. —OPEEDT PAYMENT or DIVIDENDS.
The bankrupt, Henry Amnon, was a manufacturing che-
mist and druggist, of Bermondsey-street. This was a &el-
dend meeting.
The bankrupt compounded with his creditors in 1854 by
paying them be. iu the pound, and the amount of his debt/
end liabilities was above 6,5001. Mr. Patrick Johnson, the
official assignee, has above 1,0001. iu band, and the creditors
will receive prompt pity meat of their dividend upon applica-
tion at his offices in Basinglialletreet, the dividend having
been declared pro formi.
There were a number of other lest meet Mcs before the
court, which, however, do not warrant a special notice.

MTATERIOUR DEATH NEAR NOTTING
Thursday morning considerable excitement prevailed is the
mining diatricta of tlrindley and ('minor-park, by the report
that Mr. George Clarke, miller and publicus. had Leen
found dead uuder suspicious circuniatamee as the road
leading from hts house to the mill. The deceased, it appears,
left hie hews oe Thursday morning before breakfast, and
said he should return in a short time. On his not returning
at the appointed time, his wife seat a ?neighbour to look fur
him. and the deeemed was thee found lying deed on the
road leading to his mill. Then an some circumstances
coameted with the death of the unfortunate man which the
polio, are investigating, and an individual, it in acid,
hese is sewn way connected with the matter, though to
what extest, far the interests of justice, it would nut at
preesed be Iris, tosay.—Leeds Mercury.