The Express.
London, England, 1857-12-03 00:00:00

THE EXPBES3, THURSDAY EVENING, DECEMBER 3, 1857.

LAW INTELLIGENCE.
THIS DAY.

CONSISTORY COURT.
Before Dr. Widdldols (ss Essrragais).
ROBINSON v. litosnisos.—Dnozoi.
This wea s snit fors segerstion by reason of adultery,
instituted by Mr. licnry Oliver Robinson Moinut his wife.
There being no defoncs. the Coast decreed the divorce.

COURT OF QUEEN'S BENCH.—Dec. 2.

(Bitting it Nil /rims, at Wammiaster.—Before Lord
Campbell sad Common Juries.)
IDIG V. PRIUMLL.—MySIC L6/41):18.

This ins ma sedan to nearer 471. for two quarters' instruc-
tion be mask sad einging, end for areas am e vocalist.
Mr. Oldelley sod soother learned again were for the
plaintiff ; Mr. Hawkins foe the t.
The plaintiff, Mr. Donald King, a profane:tonal vocaliet,
brought this action against the defendant, Mr. George
Pennell, a picture dealer, reeding In Bernere-etreet, Oxford-
street, to recover the above sum, which he alleged wee due
to him for two quarters' instruction to his daughter, and
for services rendered at different theatres at the defendant's
request. There was also a demand in regent of music sup-
plied to the daughter.
The plaintiff stated that he called at the defendant's red-
dance in conacquance of a note which he received from Mrs.
Pennell. In reply to her inquiries he told her that his teems
for teaching were eight guineas a quarter. Sho then intro-
duced him to her daughter se Miss Pennell, and he ena-
meled instructing her at her tether's how*. He did not
know at the time that the daughter wee married, and wu
the wife of Mr. Davis, a hatter, in Oxford-street. After he
had given a few tenons he saw the defendant knees'', who
said he was anxious to bring out his daughter as a anger
and anew, as he was contumally being called upon to pay
guru of money to get her husband out of difficulties, and he
wished to enable her to earn a living foe bereft and children..
He ale, stated on another wagon that the Imbued had
signed a deed, by which be bound kimeelf not to Interfere
with any of her pretensions] engagements. At the request
of the defendant he made arrangements for operatic per-
formances at the Southampton Masten where las
with Moe. Davis, who seemed the Saar of Him
Pear no astisama geed Wm 101. for hie steam at
that theatre.
_Perfaxassens were subeequently given by the

aehendeat r7l. ri.dTeTs Wag, ;a at the NorirlaCawelreir-
month Theatre., with a view to introducing his doestar to
the Tlw plaMtif catered labs acoolutt of thew
performances, aad explained how the Wawa he how claimed

Sae.
The dame sea that the defendant had mottled all the
dais, is mopes of hie daughter for which be wig just,
Wee, sad that be creed the plaintiff nothing. The plaintiff
sibnitged is by ertee-atendesttes that be bed node out hie
bilk for the dogleg 1161 MY be Mrs. Davis_ gad that he hod
gives ems of thew loser at bee husbaeffe home.
The dellishst we misdeed is euppurt of his owe, bet
neither Mn. Persil we. Mts. Davie.
The hernod ledge having mama up,
The jury found a vottliet for the plaintiff, damages 361.16 p.

COURT OF COMMON PLEAS.—Dic. 2.
(Sittiaga at Nil Pita; hi Muldkeez.—Before Chid Justice
Coekbara sad a Special Jury.)

IitTONZIL O. NOlitl.—AN oeanx 001 TIM AN OTZI:A.
The plaintiff in this cam, Mr. Mitchell, is the publisher,
librarian, and theatrical agent, I. Bond-street, sad Its claimed
26W. 19e. for boxes at vais theatres and other things su,c
plied is the way of his trade. The defendant paid 801.
ire mart, and disputed hie liability to any treater extent.
Mr. Hogging, Q.C.. Mr. Nveaem' tad Mr. H. James
Wfor the plaintiff, and Mr. Serjeant Bylee and Mr.
Hayes for the defendant
plaintir•• counsel stated that the defendant was a
maim of the Stock Exchange, living now in Upper Har-
lereireet, but who some time ago vended at Willis Hall,
am Hemet, in a styleof splendour helloing his wealth end
fort & in society.. During the year 185 load 4 Mr. Mitchell
spud Mn.s Morns with boxes at the Haymarket, Li=
iuma Haim Opera, Adel*, and Olympic, sad
thoodthed Mr with permits of profeadonal artistes and some
arraign The balance claimed woe 2091. 19sikb
sits
ageillibr 1001. which had been paid by We.
Mr. W. Mitchell mid—l am the pluntirs and
=ilimange his burner. In 1833 andHB. de-
vembied at Wilton Hall, wham he lived
style. Is Jam, 1853. we were required by him Misr It)
MIMI Mr with a double boo at the Opt for the lot of
July. The price was 14 raiser. She took the box. On
the all of July she applied *pia kw the ram be.. It was
sot pseud& to let her have It, sad ale bed bet above the
mod the. whki was 11 rare. Os the seat day or the
hallgitteent =.hreate rid r. "—db. box,
gam
aleut fie 716, at the some peke. She rid AO Heald like
to hike It fie the rameither it the rem* Os the third w-
ard= or the seemed, secedes she seed ask I mid ft was •
box width bed bees acespled by the Duerr it Hest, and I
wee sat are she card haw k ; bat MO wird ses to it. and
let her brew. I NM her It wesM be hem 13.5 to
IN pies* bet I meld set aw pnitively. She
"eke agar alter the Dos. I this rd thearice WY 140
ris"Mileler::::setdeedesh"" sic wash
toldeaer
Month Ile Ispired Of sr my imisre. I said, " 1
cams from Mr. Iditelirdlort Bend.ereek to bring you sa
scarf it 6th. 4a. he lams which hen. Marrs bee Itai, sea
she a masearmhse kw 1401. he a hoz he the rairedirsf
the arse." He took the worth Is hid heads sad WWI
at Mar He mid he did set like that Was. Monts thrall
bar le raartheo as a box ; that it would owlseely sem lir
Is the City if hie wife were sees weepy* that be: sec
to which 1 replied, thst I had very little doubt that
riarl.dkitchell would take book the box if he wished it. He
mid he would speak to Mrs. Morrie. and we
should boar from him. He pee roe • chops
hr the 661.4 a. On the day following Mn,. Morris celled Is
thethetrest. She said we were as no account to depose of
the box—that she certainly would have It ; and I replied that
Mr. Mitchell would require Mr. Morvis's anent. On Mon-
day morning Mr. Marie celled. He said, "Haw you still
' that box r I rid we bat ; sad he said, " I ham roosiderd
it, sad think it beret to humor Mrs. More* and ao I will
leave it." He gam sr a cheque he 1401. In February or
I Mad I sat a peessebas at the sears of 1864 to Millen
Hal. • day
_sr two afterwerds I heard Mrs. Morris bad
ceded,
ceded, bed I ltd sot we her. I sent tickets for the first
when of the mesas, the in April, to Willer Hall. I did
set rat them =pelf. In the mason of 1813 she rid she
did art wed dare " irdes," bed wasted card tickets to
give to her Mu& ; thane we. se met difilculty In prise
he "therm" Is& Is Mk ere was • box at the Hey-
! meshed.

-11 T. asejant Dyke odd all the items in the bill of parti.
edam min eihnitled, except a box for the MOMS at the
prke of NO plasm
Witness cestlsned—ls the middle of April Mr. Month
cutlet Y Bead-street. He required to err Mr. Mitchell. I
mid he gem net at home. He then mid, I wish to speak
with yen," sad he walked into the inner room. He then
sad, “I Ism gelled to tell Mr. Mitchell that there is a
asperstien betwees myself and Mrs. Morris, and I will not
be nnerwersthe foe anything the may require of you." I
add I meth rewind him that there wee an account new wise
for several boxes at the theatres, some prints, and the mama
Op.' box. He replied, "Recollect that you give my mama
le Mr. Mitchell. Yen will eve no flartber credit; if you do,
yaw wal set as rsasey been me." In March or April an
itemeat was neat to Mr. Rash, the dahndant's attorney. I
dad not bike it, bet gew ft to
CeawexasieL—The hex for which wee charged
we. tit dad bet la the glued lbw. The grand the is the
tier se width the Qom sift This bon is three boxes from
the them's. New Sokoto mo ionnad ihr thin box, and it
will MN Ms weer pounfhly.
The Chid Isottoo—That &pleb upon the ore of the
ladle!: deems, (A.hiugh,)

Widtflt vie;ldlio'il'elz or eight comfortably. I do
not know et that time Yr. Morris bad left Willmll.ll,
mod tint Kn. Warta am there alone.

lelailiie1;11-1 sin the plaintiff During the opera
maw' of 1163 I saw Mr. and Mrs. Morris after to
1401. has bed been taken end paid I,* by the defending.
I sale this. et the. Opera. Mrs. Monti. in her hus-
band's revalue*, rad, This is a charming box, bat
seat year 1 slieuld wish I. have cue of the
large proiesinium has. Mind yea don't forget it." She odd
this to bra party WI 13 w M l asfikkutly loud for Mr.
Morris Wiser. la be way of 1864 I wait te WOW
Hell taw Yr. Moak Melba lo Oa be ward fa 1364.
I did sa see Ida, lea left mamas br sad • plaa
tithe Ores, lab arab bea ta marked as hair dbyra.
I 'Aid seek at the lad It Pliswy arl Idt a pis, to be
delivered to Mr. sr Ma. Mania Aber lieva—two sr three
days &Damsels—Mu Morrie ear eel teak the bat B for
3131. Tidal, for to bra we brawled is her. ha sot by
ma la Ayrkla siorearase at via my Raba leld Ira
I wait to as Mr. Mara fa is Gay, at by aka I teld
haft I are be assequease of a aseroo Ova is as by lap
nephew ; that I wee be
Nary k;
should be art saaMbro to be party hi walis a-
tm and that I came to Ma a Ida bark
the bs N tbe ream at it could be arreagad
Be NA Iflaball, that le very binlati
have se obbetlos to ge with rae le ay olanarry,aZ
1 aid 1 amid set baba to mkt! wield le ma 'am art-
tor fairly. We watts Mi. RUMP SEM sad I mead what
1 bed meld to lb. Mania, that 1 wadi Igo lea the ea If
Mrs. Moab mesa give It up. ant lb. Made wail lay ler
Ibe ea alba It had ban med. Mr. lbeeb dna
ply br aide sights ; bet lb. Mai isternatid. enbed
lab, "Vps will
air Os aiscolig Ibleska at aIL" He elm add," Yew hue., M dub la yes lama mom
aeonneed.." I seal weal ably Ida it ki ban team
behreare caormaciaaa ef be assom. Mr. Mak NM If
I Irk tbe boa bark pair,* they wadi pair thoolabb oa
elleitbal beamed. I
Man*
oupeedarbiroaakabeek. WIWI&
mak " TOM MB re to Kra ad whoa have
.rape If, tha pomp abbe Mr. Moab to pa as ibr the
algal ill VW& dr epee bra vat" Maw abe 18th
AprM bed ewer bed did Mr. Marfa b OLD
Wrillr .ri B
We. Mr Ili bank. maw Mn. lad egad
bar *Os splint wed saugated that ao boa •
bat to obe by be sight 866 was ;ON Wig-
wag, GM weld set give It ap oa may scorast,
volater be Mr. limb, Mr. Real, err anybody elm She
esallarl to map, S. boa for neat of Wsera. TIM
fobs =J aIe!UN bat eat ma as pad r.
Whoa Isar Mr. Moab la dld set mg
Si I - sot to have let the box to Mrs. Marti.

Mr. Wm. 'Mitchell recalled—l received 1001. from Mrs. i
Morris on the 12th May.
Mr. Heck —I have acted u oolicitor for Mrs. Morris. (With
the .7onesnt of Mr. Sujeant Bytes the witness produced •
letter, written by Mr. Morrie's solicitor to Mrs. Morris. The
letter tested that notwlthetending the large allowance made
to Mrs. Morris, various claims, including Mr. Mitchell's,
had been made upon her huebend for debts Incurred by hac.
The allowutos hod been 1,0001. • year, but in conaequetioe
of these claims, and on other grounds, the allowanoe would
In future be reduced to 5001.)

This was the plaintiffs aims
Mr. Sarisant 13yles submitted that there wee no cue for
the jury. Was there an implied authority to Mn. Morris to
take thin opera-box ? Could it tee said that an opera-box
was a necessary thing for this lady ?
The Chief Justios—The case was not put on that ground.
Mr. Berjeant Byka—Then it was • question of express
authority, and he submitted that there was no evidence of
such authority.
The Chief Justice thought that then was some evidence
for the jury.
Mr. Setjeant Bylos then addressed the jury for the de-
fendant, and afterwards called the following witneesm
Mr. William Morris, the defendant, said—la 1869 I knew
my wife went to the opera, but I did 1104 often p with her.
hen she went to the opera, she returned at night to
Willett Hell. I learned that she had taken • box
for part of that season. I told Mr. Mitchell I
was exesealvely annoyed at Mrs. Morris having taken
an opera-ben, that I did not think a man In my position
ought to have one, and I would thank him to take it back,
and I would pay bile foe the times it had been timed. I paid
him 66d. de. I only knew of one box in that year. I never
gave authority to Mn. Morris to take any box. I afterwards
told Mr. Mitchell I had considered as to the box, and I would
take it for the remainder of the mutton. and I gave him •
cheque. I used that box occasionally during the remainder
of the sewn. I recollect Mr. Mitchell letting us into the
box on ens occasion. I certainly never had Mrs. Morrie
say anything to Mr. Mitchell about taking a box for the next
season. I heard no part of the conversation. Early in 1a64
differences arose between me and Me.. Morris. I left Wilke
Hall on the 22nd of February, and have not lived with Mrs.
Morris since I never returned to Willen Hall, but
instructed my attorney to arrange terms of separstbn.
I never gave Mrs. Morris authority to hire • box for 1866
I never saw any tickets for that year, nor ever went to the
opera myself in that year. I heard in the City that Mrs.
Morris had been seen at the opera, and the same afternoon I
went to Mr. Mitchell's shop, and saw the nephew. I said I
understood Mee. Morris had been seen at the opera, sad
further, "I caution you against letting Mn. Morris an
opera-box, for you will not get the money. I will not pay fur
it myself, and she has not the means of doing so." He did
not say rho had taken a box, but only that he would give my
message to Mr. Mitchell. I did not know that hlre. Morris
had engaged a box until Mr. Mitchell called upon me in the
City, and said he had let her a box. I said It was en impru-
dent thinc to do, and repudiated it altogether. We went to
my soleatoes, and there also I repudiated the trans-
action, but said, as he would take it bak, I
would pay for the two or three times the box had
been used. I said, "How will you keep her out
of the box ? she Is • very'peraliar' woman ," and he replied,
"We shall have no ditbculty ; we will not let her ge into
the box."

... Morris remained at Willa' Ball
until the 18th April. That am beanies we could not get rid
of her. 1 never told Mn. Morns that if I had my pleasure in
shooting. &r., she should have a box at the opera.
Mr. John R. Rush—l am ddendant's attorney. The de-
kidant's account of what took place at my °Moe is correct.
The Chief J mile' left it to the jury to say whother Mrs.
Morris had any authority to take the 300 guinea box.
he Try,ju after some dietuamon, found a verdict for the
dimiest.

you are totally without =may, I shell order yen 61. from
the poor-box.
Wife—l ern much obliged to your lordship. I slims loved
my husband, and would never ham bellamd he would have
deelved me, even though an angel hid told me so.

SHIPPING INTSLLIGBNCE.