The Express.
London, England, 1861-11-18 00:00:00

BAIL COURT.—Nov. 16.

Sittings at Nisi Prius at Weatminstar.—(Defore Mr. Justice
Crompton &DJ a COMBOS Jury.)

IeSSIIIMOL e. GM-Lit:MAL TALKI:v;

This was as action fur wages, &c. The defealaot pleaded
sewer imaldiaed.

Ur. Pearce was counsel for the plaintiff ; Mr. 1). Seymour,
Q C., and Ilr. Telford Salter were counsel for the defendant.
The plaistiff isa native of Gibraltar. and towards the close
of the ear 148 he came to this country with • man named
Cavanorh, the owuer of the talking fish. 110 attended
to it at Gibraltar, awl in England up to the time
of its death. and this salon was brought to re-
corer 61'., fur wages. Ike., during the time the
bah was the property of Mrs. Gallagher. The fish was
first exhibited is Lime.strest, Liverpool. Whilst there a
man named Charles Pollard, the alleged agent of the do-
fendiut, visited the exhibition, and after some agotiationa,
purchaaid the fish for her for 300 f. Plaintiff had had the
education sod management of the 1612. He wrapped it in
blankets at night sad aimed with it—(langliter)—and kept it
clean and attended to it by day, and whim Pollard purchased
it he agreed to give the plaintiff IL per weak,
none clothes, his board and lodging, with permission
to roosive putties, which, however, only anionatal
to • few for the majority el the
visitorw bavlag men the animal sod beard its sounds, were
so satisfied with the exhibition that they were glad to get
away. (Laughter.) It em a lance mai sad Wag kePi In •
tub of water. Hai/stiff denied that be was only to here
souse clothes, his board and lodgings, aad the gratuities.
This was a essond trial, and singular to my it warn as the
first 000.11600 tried before the same judge and on the mem
der of the mouth last year.
The &fence was that no agreement was made he the
payment of It. per week. Plaintiff was only to bare his
clothes, hoard, and lodging, and the gratuities, and that those
were the terms he afterwards informed the defendant he
had been engaged by Pollard
Pollard was *Wed for the d,efenos. He said the plaintiff
frequently got as much 10s. and 15s. • day from the visitors.
Ho (Pollard) had been offend It. • week for the 'awake.
He was living with the defendant as man and wife. He was
*Wane, at the Old Balky, pot for bigamy, but for sisal*
2,0001. worth of bills from the present Emppeerraor of the
'melt Ile hulks' bill transactions with the Parpssv. This
took jinni about fourteen years ago. He was hosemaM7
acquitted. He did sot kaow that ha gut off on a *dm-
Jaggier Oreanpara—Wen you " honourably as-
quitted on a flaw ia the indictment "—Unsighted—as the
late Mr. Baron Watson used to my, or on the merits?
Witham—lie was honourably acquitted on the merits.
He did not know a ponce mined Elizabeth Pollard, and
was never indicted with her. He was never charged with
causing the death of Dutch asses widow. An inquest was
held on her, and tho verdict was death from natural mum.
Defeeileat has • bonne in Mayeikeet, oinit-plemant,
Liverpool. It I set • keinthel, bat • boom where you bar-
rioters sometimes reside.

Mr. Puree-1 don't go the Northam Circuit.
W itnese—Defendant has another how* in Hoeightos•
street, Liverpool. He did not know if that was a brothel.
He knew very little of the defendant's private bushier or
bow many years he had lived with her. He was •
commission agent, but did not sell goods (Laughter.)
He took communions oa race( ; he was • maim broker,
and did the beet he could, like other gentlemen. (Bournred
laughter.)
Mr. Justice Crompton—You are a sort of broker for beta?
W Yes
teliegber wee called and corroborated the last wit-
less with refeneee to the entragerneet with the plaintiff.
Fanny Yemeni managed the bowie in Houghton-street.
hhe had • wins licence for the house. She treated the
plaintiff like a child of her own, and gave him
spending money when be required it. When the Gab
died he began to cry. (Laughter.) She then told him
be might remain till be got another situation, and he did so
for four mouths and she maintained him. When be first
came to England be spoke English so bad that be wore Su
shirts at one time--(langliter)—not understanding when be
was asked for his dirty bun.
Fanny Francis was called, and her evidence given cm the
former trial was read from the judge's notes. She said the
planed had told her his agreement was the same ea that
deposed to by the defendant.
The jury. after being locked up some time, returned a
verdict fur the plaintiff —damages 451., the same amount ea
was given by the jury in the first triaL

COURT OF COMMON PLEAS.—Nov. 16.

flittinp in Banoo.—(Belore Lord Chief JOllikil Erie and
Mr. Justine Bytes.)

IX ZE AZ ATTORNEY.

Mr. Udall applied on behalf of • lady named Themes for
bride calling upon an attorney of the court to show amuse
why be should not answer the matters in the allellavita, and
stated the following circumstances. The geutlemso and hi
brother bed toga in business for • great musher If years
in • town in the north of England as ealleitees, the gentle-
roan in sestina being its managing partner. Abed the
year 1847 he became confidential sundae'. to the applicant,
who in 1830 by his advice deposited is the hand@ of the
firm 2,3001., to be invested wpm mortgage. Is the same
year she let England, and remained steed until 1856 ; kat
during that time hen solicitor received and paid various
BUMS Upon bet account. Upon her return to England
she applied to them for • statement of hot &Rain,
but not being able to get • satisfactory statement she took
proceedings in the Court of Chancery against the ATM
The partner of the gentleman spinet whom the present
application was male died during the proceedings. In the
year 1659, alter very considerable opposition, the applioset
got an order fro the Court of Chancery, which, after
allowing the gentleman about 1,700:. for payments and •
sum for costa, directed him to pay the armband 2,0871. Not
having paid the money two write of attachment were issued
by the Court of Chancery, but they 301thl not be mooted
because the gentleman lied to liolyrood, and became •
bout rapt according to the Scotch law, On the 'l7th June,
1852, the gentleman wrote to the applicant, " The London
bankers allow nu interest, and. therefore, I keep none of
your money there, but pot it all out as securities bearing
6 percent. for you ;"cod in Juno, 1856, be wrote that the
moose was as safe as if in the Bank of England, and cos.
trauma, " Fur every portion of it you will mays 5 per
cent. till you receive the whole principal and I will p
carefully into the rent account with you."
The Lord Chief Justice —Your statement under ordinary
lieelealle•WeS would be sufficient for • rule to show came.
I take it for granted that after represantiog that he had
invested the money upon good security there was no
security forthcoming.
Mr. Udall —That is so.

The Lord Chief Justios—Bot the didtculty in that the
applicant has chosen to to into the Court of Child:wary and
lake an secount of these very moneys.
11r. Udall—ln awe in 4 Jurist it was held that pro-
seediass in Chancery were no sonnet to an apphcatiou of
this kind.

After Some discussion it was arranged that the matter
shield stand over, and that if it wore found that it could be
'hewn that the party had become bankrupt to detest the
applicant's prucnedinga upon attachment, or that than bed
bees misconduct subsequent to the bankruptcy, the motion
should be made again ; the court intimating that if it were
raided upon the present state of facts it would pea
lrbly fail.

COURT OF PROBATE AND DIVORCE.
Nor. 16.
(Before the Judge Ordinary.)
SUTLER C. BCTLEJL

Dr. Spioks sad Mr. Murray appeared for the petitioner,
who sought • diesobstim of her marriage on the ground ot
emelt" sad adultery ; Mr. Merjeitit Pigott and Mr. Brows
wee sees el for the reepondeut, who denied both chugs.,
arid pleaded condonation.
The petitioner, in answer, denied the coodoesitiori and
pleaded revival.
The peril.. were married on the 14th Febrile:7,l4..T, gad
cohabited till the berating of the present you. They bed
bail four children. Tbe petitbiner was • lock factor at
WW.nball, Staffordshire ; and the defeudimit bad hese •
Miss Yismoure Doles, residing near Gray's Ina. With regard
to the alleged cruelty,
Mrs. Batter said —At drat my husband treated me very
kindly. The Gist time his conduct was different was os his
birthday, the Mb November, Itert. I used to keep his
books foe him, sad we had had • dispute is the warehouse
nu the subject. At tea-time the dispute was °optimist!, sad
be cursed the eyes of my little daughter, who was thee
eleven months old. I could not stand that, mod I mid I
would slap his face, which I did with the beck of my had.
He thee rose from Lis seat soil gave me • very amino brat.
log. Ile gave me • dreadful Hark eys sod knocked
me into the fender. Mrs. Starkey and another
neighbour CAMS in and laid me on the sofa.
Lie. Frnyvell was sent for, and I was confined to my bed for
two or three days. After assaulting me he west out, and
of his return he sent • vote to me by the servant. I in.
leaned bier to torus to me. Hs mid that he was vary somy,
and that be would repeat his conduct. I was in 4.
family way at that time. Five or six weeks after my
sweat baby was ban, he pus me soother severe heating.
After nipper am evening we had pine to me • friend. I
had my child with me. I hid earned her there and about
home 'obis. I was in great pale, sod I begged him to take
her. He would sot ; mad I said, "If jos
dotal I will pot her on • door-step." I did ea.
Emigpicked her
_up and waked home with me without
• weed. Whet he gee hems le Moodiest rather We-