The Express.
London, England, 1857-07-10 00:00:00

THE EXPRESS, FRIDAY EVENING, JULY 10, 1857.

Lab *Melkweg.

HOUSE OF LORDS.-JuLT 9.
•rruie.

O.7LIMULTT V. IeDOW ELL. THE TIPPERARY HARE.

SSSj
1$
a ail
$3l

EQUITY
(BeR ore the Master lof the IteUe
ATAINTON e. CARRON COMPANY.

r•LT 9.

Riodersley.)

AUSTIN IA I.IIQUIIAIIT.-COSTI.

Moine the Lord Chancellor, Loraymbsey Lord St.
Leeman* sad Lord W

This wee en appeal from a decision of the Lord Cliencelk.
.f Ireland. The matter came before the court in 'reload ca
• cease in which certain depurator' in the Tipperary Bank
=it to recover the amount of their depoeita as aga inst the
and the shareholders. The facts and argu-
ments wee= stated in the Ilzytru of 26th June WA,
and it may suffice now to say that the whole question turned
on whether the movirtions of en Irish art, 33 Oso. 11. e. 14,
which provides " That from and immediately after the time
that any beaker shall ebecond, conceal lumself treat his
auditors, or stop payment, or die, all the real estates,
whether for Bees, en fee simple or fee tail, and all the per-
meal estate., credits, and effects whatsoever, either at law or
equ4, al which such tanker eball be eeised, possessed of, or
entitled unto at the time of his death, or stopping payment,
I or absconding, or concealing himself from his creditors,
shall ta liable and subject to the payment of all
' end every his debts, of what nature or kind suever the same
be, without any regard to priority or preference in =
payment other thin and except ouch debts and incum
as such tanker shall contract before he became a banker,
and except each debts and imumbreaces as shall be secured,
by deeds or conveyances registered according to the provi-
sion* of this art," were in full force, or whether the 6th Geo.
IV., c. 42, under which the bank wee established, repealed,
or reamed inapplicable to joint-stock banks the provision" of
the said act. . . . . . .

The cue was argued at length last month, and judgment
poetponod.
The Lord Chancellor and the other noble and learned lords
now severally delivered their opinion., and held that the
statute of 6th Geo. IV , c. 42, clearly overruled, and, for the
purposes of this case, repealed, the Irish act of 33rd Geo. 11.,
o. 14, and that the decree of the Lord Chancellor of Ireland,
disunite( the petition of the now appellant., which prayed
that the trusts of that act might be curried out, was correct,
mad most be 'Snood, but without costa

BAUINO.B DIVORCE.
At three o'clock their lordships proceeded to consider the
second reeding *fa bill which wax presented on the petition
of Wißha Frederick Baring, who prayed that hie marriage
with Emily hie new wife might be dissolved.
Mr. Calved (with Mr. Davison) appeared for the petitioner,
and stated the cam. The petitioner woe Mr. William Fre-
derick Baring, of Eaton Hall, near ltetford, In the county of
Nottingham. He wax married on the 11th of November,
ISO, to Emily, the daughter of Sir Richard Jenkins. The
marriage took place at the British Eirobany, in Peri.. 137
the marriage settlement Mr. Baring fettled four
thousand pounds on his wife, and Sir Richard Jenkins
contributed a Minder owe. They lived fur ague thole in Pena
and afterward. at Guildford, and in the year 1852 they re-
moved to Eaton Ilall, nem Belford, in Nottinghaniehire.
They lived together entirely, except for nix woke, in 1854,
when Mr. Baring went to America. Eaton Rail wadi dude
to Babworth Hell, the reeidenee of Mr. Bridgemau Simpson,
who had married • sister of Mr. Baring, and greet intimacy
existed between the two families. Mr. end Mr.. Bering here
became acquainted with a Mr. and Mee. Gordon, who were re-
aiding at • place celled Cookney, in the neighbourhood, and
a very groat intimacy snore la to een Mrs. Baring and Mn.
Gordon, and also between Mn. Bering and Mr. Gordon, the
gentlemen being in the habit of shouting and hunting
together. Early in 1855 Mr. Gordon fell into pecu-
niary embarreaseient, end wee induced to enter the
Nottinghanwhiro Militia, having obtained a commie
Mon in the Sherwood Foremen.. In Auguit, 1856,
the militia watt dielonded, and Mr. Gordon took • email house
in Itetford, whore he livid with hie wife and throe children.
Mr. and Mrs. Baring had two children. In March of the
present year Mr. Baring discovered that Mee. Beeler wee
guilty of an act of great impropriety with Mr. Gordon ; but
as Mr. Baring, his wife, and Captain Gordon were the only
persona present, no evidence of that occurrence could be
given, and it was only mentioned in order to make clear what
afterwards occurred. In ConaNpleDra of what then grommet,
Mr. Baiting went ever to hie brellienineLsw (Mr. Simp-
son), and remained there that night. Mr. Baring foot.
Beeson Kent a letter to Mn. Baring, in which be
slated his intention of eeporating from her. Mr.
Simpson. at Mr. Baring 'a request, tease Mrs.
Baring till. then, and in a letter written euberepieutly he
sent her a cheque for 531. Mr. Simpo,li Lad An interview
with Mrs. Bering, and offered to take her to the railway
emotion, where Mr. Baring would meet her to wieh her paid
bye. Mr.. Baring wrote a letter to Mr. Baring, which wee
to this effect .—" I leave this at 12 cieloek to-roicornore, and I
hope no one will be at the etation. I have told Mary (a
maid-servant) that I me going to my mother"s foe a Roe
time.' The next time that Mro. Baring wee heart of was
on the evening of the I Ith of Man h loot, when the arrived
et
the Great Weotern Hotel, Paddington, in Company with
lie, Gordian. Mr. Gordon'. name wee on the luggage, and
the barmaid entered that name in the books of the
hotel. Mr. Gordon Naked for • bed•roon,
drtwninir-
room, and tilling-room adjoining, but he wan unalde
to obtain such a suite of rooms, and he was
arcommodated with a Offing-noel ou the ground flour,
No. 3, a bedroom on the Brat floor, No. 41, and,, bath-room
which was made into a dreming.non, on the name floor,
No. 7. Mr. (bonbon and Mre. Baring went op into the bud,
rOOlll and remained there 20 minutes, there being only one,
bed in that room, while the both-nom we. being converted
into a dressing-neat, after whieb they went down Adair., had
some refreshment, and afterwerdo dined together at eight
o'clock. None of theemote'' of the hotel could give
evidence of having wen them fa to bed, or tome
down, but three wee no other tipartment fur thoin, and they
breakfaided together the next morning at ten o'clock. Mr.
Gordon's wife having communicated with Mre. Huntsman,
the wife of a neighbour, requested her to go to London with
her, and they went together. On the evening of the 11th
Mr. Iluntemen, who was at the Emit Retford Railway
station,
station, received a telcirraplik from
Mo. Gordon and Mn. Heideman, and he went up to
London by the Great Northern Railway, and from informe-
tion be received be went with Mrs. Gordon and Mn. Ilunte•
man to the Gnat Western Hotel. There Mr.. Gordon tubed
whether Mr, Gordon wee there, and we. Andra into his room.
Mr. Iluntenian followed her, and saw a finale in the room
with Mr. Gordon, who proved to be Mra. Baring. A very
diefteging scene rooted. Mrs. Baring belt the rasa without
saving anything, awl et the request of Mre. Gordon, Mr.
H6nteMoilikft the rano, and remained out of it for 20 Maputo..
Ile then entered, and heard Mn. Conlon retake • promionate
appeal to Mr. Gorden to return home. She then fainted.
Iluntemen was called in to ho r aasietance, and after
some time Mrs. Gordon and Mr. and Mn. liuntatoinn left
the hotel. Mr.. Gordon returned home, end, being in the
Emily-way, had a dangerous illncee. On thr, 13th she
telegraphed to her huebanol w mine down to her • he did so,
but then went away. Throe was wide:ice to, ;how that in
18-35 end 1856, there had Leon frequent veto of owlidtery be-
tween Mr. Gordon and Mn. Baring. At one time Mr. and
Mr.. Bering, and Mr. and Me Gordon, all went together to
Scarborough, where they lodged in the name hoofer, and
there adultery wee several ' a nornmitted in Mro. Barimee
bedroom. They returned to Eaton IlaU, and there Mr.
Gordon and Mre. Baring were seen to go into each other's
bedroom., and on one ot.e l mn they were earn in a proition
which left no doubt that adultery had been committed. At
Christine., 1855, Mr. and Moe Bering were at Mr. Sinn,-
ten's, when Mr.. Bering went honor to, see her children, and
then she committed adultery with Mr. Gordon, no will aeon
several other roomier.. There watt no neuron to believe that
all this Ilme Mr. Boring had the lewd auepicroon of what hod
weltered. On the 16th of March on action for " Crim. eon."
was brought, to which there wee nor defence, and tiemeffee
amounting to 3,0001. were asonieed before the Sheriff. On
the 25th of May • emit wee brought in the ecelroirretical
mewl, and on the 2511 i of June a divorce t mewl et thorn
wee obtained. Mr. Gordon hod not pold the dareageo, and
was now at Boulogne. If the home thought the proof of
adultery at the hotel woo eullicient, the clangs alleging
dupery in 1855 and 18.16 would be struck out.
A tosakierable number of will:wow were called to sn wort
the oteeements of coungol. After which,
The Lord Chanoellor raid he thought the evidence Pudic-h-
-eat to imitify their leedshipe agreeing to, the emend reading.
Lord Brougham and Lord Wensleydale having concurred,
the bill was read a ileCand time.

This nom, which ham occupied the mart yeeterday and
to-day, &rims out of a dhputed account between the Carron
Iron Company and the executor. of a Mr. fitaintmt, who for
may years motel RA the London agent of the comperty, and
conducted all the melee of their produce. Up to 1.'125 thin
gentleman had been laid by a per evolve on profit,. but in
that year, on acceunt of the growth of the company's btud-
nem, It was resolved to remunerate him in future bye fined
salary. On the death 11 Mr. Stainton there was a twlanee of
shout 4,0001. duo to him on an account with the
company, and be had ale. some ehares in their
handy Them were elninowl by the executor., and
the demand was resieled by the tompsay, who alleged
that far a camber of wars lie. Stainton had no cooked the
accounts aa to have left Limed( apparently a creditor of the
company, though be was, as tin/ alleged, • defaulter to nn
enormous automat. The content ha, already occasioned
PT....dings in Scotland and a counter Putt In this country,
where the testator's (Steelton's) rotate is toeing administered.
An attssept to restrain the Scotch proceedings by injunction
oltimMely bawl on appeal to the Hoome of Lords ; and on
iffts suit now coming to a bearing, there in R stout contention
RS to whether the accounts between Staintun and the com-
pany can be opened, and, if to, on wind principle they are
to be taken .
Mr. ft. Palmer, Mr. Selwyn. and Mr. Kenyon, were for
the plaintiffs ; Mr. Knit, Mr..Foollett, and Mr. Cotton ler the
dsiesdants.
_ _

Mr, P;huer had not concluded hu roply when the court
NW.

714 bill was filed for the specific performance of s novo-
=di in the settlement mad* upon the marriage of the plain-
tiff mut his trite, by which the defendant, the father of Mrs.
Austin, Kerrett to octeb the value of one-eighth part flatly
property which might come to him either in his own right or
to right of his wife upon the plaintiff sad Mrs. Austin and
their children. The bill stated that since the date of the
eetilement certain property bad coon to the defendant under
the will of Liaise Urquhart, deceased. and that curtain
other property had wan to hie wife under a Scotch deed of

disposition in the nature of a will, whereby a life intertet in
a sum of 18,000 f. wee given to Mrs. Urquhart. The bill
alleged that then pro were within the terms of the
covenant, and it preyed that they 'eighth, melded arttzi y
o The two trustees the settlement had answered y
the feet being that differences had sheen between . and
Mrs. Austin, who are hying separate., and the trustee',
taldeg difirent rides in the &sputa, did not feel Inclined to
join in their debases.
Mr. WNW end Mefferd were for the plaintiff ; Mr.
Bally and Mr. C. Hall for the defeedent Urquhart. Mr.
Walpole and Mr. C. W. Crouch respectively represented the
two trustees, and each claimed their costa to the exclusion of
the other.
The Vice-Chanaillor said that se to Miss L. Urquhart's
property, there could be no queetion bat that the defendant
was liable to settle its value, and thorium ea to that a decree
most go. But with regard to the Scotch property, the cam
was different ; the peat dim/maiden only gave a lite interest to
mes, Urquhart, And that life interest was to her separate use.
The covenant of her huabend, therefore, had no effect upon
it, and se to this portion the bill must be disclaimed. Under
the peculiar circumstances of the cam, both trustees ought to
have their ousts.

COURT OF COMMON PLEAS.—JOLT 9.
(Sittings at NI Prins in London.—Before Chid Justice
Cockburn and a Special Jury.)

where she remained until about a month ago, when she was
considered sufficiently rent rod to take bee trial.
Mr. Justios Willem said, at the close of the ease for the
prosecution. that it appeared to him that there wu not out-
Acient evidence to support a charge of wilful murder, but
there was ample evidence to go to the jury upon the minor
charge of concealing the birth.
Codd said he thought it would be hopeless, upon the
facts before the court, to attempt to struggle against a con-
viction for that offence. .

The jury coneequeuily returned a verdict of guilty of con-
cealing the biith, and the prisoner was seutericed to be im-
prisoned and kept to hard labour for eighteen calendar
months.
Mr. Justice Wilke got through the criminal business this
afternoon, and ho will now try mesa. The Lord Chief
Benin has not yet come down, but it is expected he will do so
this (Friday) morning, and both courts will then be en-
gaged in disputing of the cause list. Thirteen causes are
entered, one of which only is a epecial jury case.

NORTHERN CIRCUIT.—Yo9x, Jun' 9.

The commission was opened here yesterday by Mr. Baron
Watson and Mr. Baron Channel', who arrived from London
by the express train in the afternoon, and were receivedat
the railway station by Sir Joseph Radcliffe, the high sheriff
of Yorkshire, who was attended by the usual cavalcade of
halberdiere, Ac. After opening the comminion, and adjourn-
ing the courts till neat morning, their lordships proceeded to
the cathedral to attend divine service.
Mr. Berm Watson took his seat on the bench at the
Guildhall at 9 o'clock this morning. There were cnly two
city primmer! for trial, one fur burglary in the dwelling-
houses of Mr. Teasley, cooper, Teammate, York, and Mr.
Bidwell, of the King's Head-inn, in the came street ; and
the other for concealment of childbirth. They both pleaded
guilty, and were ftentened, the former (John Williams) to
12 months' imprisonment and hard labour; the latter (Jane
nelson) to a fortnight's imprisonment without hard labour.
Mr. &rtin Channel' took bin seat in the Crown Court at
the Castle, at 12 o'clock, and pro ceded to charge the grand
jury, of whom the lion. E. bonne@ is foreman. The
calendar ColltiliON about an avenge number of primmer', and
embraces three Caere of child murder—one from Bradford,
one from the neighbourhood of Whitby, and the third from
Sheffield. The two first named are of the moat heinous
character, Especially the Whitby care, when the child, two
peace old, was met away on a moor, and its body wor-
ried by doge, His lordohip, in that cane, recommended the
jury to find a bill.
On the civil side there was nothing of interest to-day ; in
fart, Mr. Baron Wutmon had little or nothing to do, there
being only seven caueeeentored in the first or North and East
Hiding list • two of them were dimposed of when our parcel
& wee Totted.