The Express.
London, England, 1859-07-07 00:00:00

tab; Inttlitgenit.

EQUITY COURTS.--Juix 6.
(Befave the Muter of the Bons.)

COLE V. WEIT•EYD AND CETSTAL PALACE RAILWAY

COMPANY.

This wu a hill by the owner of some houses at Battersea,
through the gardens of which the railway ran. The com-
pany gave notice in 1855 to the plaintiff that they should re-
quire portion. of his land, and the question raised by this
suit was, whether the company was entitled to take the land
they required without taking the bonen es well as the gar-
den. and greenhouses.
The Muter of the Rolla, after hearing much evidence as to
the nature atd extent of the consequential damage to the
house., said that as to ono house the claim was not fully
made out, but as to tbo other two there was a reasonable
ground of complaint; and the company could not be allowed
to take the appurtenances of these 1101iNe and leave the
plaintiff without compensation for the injury to his property.
' The company, therefore, while taking the gardens, most hike
the two houses also off the plaintiff's hand', and give com-
pensation to the injury occasioned by their works.
Mr. R. Palmer. Mr. Selwyn, Mr. Webb, and Mr. Morris
appeared in the cue.
(Before Vice-Chancellor 81r R. T. Kinderaley.)

BRADLEY V. 11EVINOTOX.
The defendants in this cue are Memos. Bevington and
Morris, who carry on business in Cannon-street West, a
farriers and leather merchants, and dealers in straw hate and
wool rags. Each of these departments was carried on under a
manager, and the plaintiff was manager of the straw depart-
ment, at a salary of 3001. a year. In March, 1858, defendant@
determined to give up the straw hat department, end, as
plaintiff alleged, they offered to give him a share of the pro-
fits of it from December, 1857, it he would convert the stock
into money before May. He need his endeavour, to carry
, oat that object, but on the sth of April the premises took
fire, and the stock in the straw department was much
damaged by it. Defendants received 6,0001. from in-
surance offlore to make good their toes in that department,
and they disposed of the salvage goods, and as plaintiff allegedreceiveda commission of 130/. on that account. Plaintiff
claimed one-half of the profits from December, 1857, bat de-
fendants denied that he had any claim upon there, and the
question In the case was whether he bad or net. The parties
were examined viva rocs.
TM Vice-Chancellor contrasted the evidence on both skies,
and said that while the evidence of the plaintiff was that he
wee entitled to one-half the profits, the evidence of the defen-
dants was that in any event he would not be entitled to more
them one-third. They °flowed him a portion of the profits, for
the purpose of stimulating his exertions. What that por-
tion should be the defendants considered was to be regulated
by the amount of those exertions. He considered that tender
the circumstances the plaintiff had not made out his claim,
and the bill must be dismissed, but without costa.
Mr. Glasee and Mr. Higins appeared for the plaintiff; Mr.
Daily and Mr. Martindale-tor the defendants.

COURT OF EXCREQUER.-Juty 6.

Sittings at NW Prlna.—(Before the Lord Met Baron and
Special Juries.)
• -

ly two causes stood es the dais list. The defendant
not befog ready In the first a veal* was taken for the plain-
tiff subject to a reference. The second was an action fur the
sea-delivery of fish, and wu devoid of public interest.

&Wass at Niel Ptlaa.—(Before M!. Baron Marti* aad

Comrnou Juries.)

DVKI V. BIONE.-HREA.CH OF PROMISE OF

This wee en action for a breech of promise of marriage-
The defendant pleaded that he did not promise.
Dlr. Lush end Mr. Joseph Brown were counsel for the
plaintiff. Mr. Skinner represented the defendant.
It appeared that the plaintiff is • young widow, aged 26,
the daughter of • Mr. Wyatt, who hod kept " The Shoulder
of Mutton" at Oxford, but who fa now retired, and the de-
fendant is a corndealer in the erne city, aged 313. Previous
to her marriage the defendant had been the plaintiff's suitor,
bat she married • person named Duke, who was a clerical
compositor at thelJeivereity Prase. On kis decree, in 1866,
her acquaintance* h the defendant wee renewed, and under •
prorates of marriage ohs yielded to him, and had a
child by him early in the preset year. He however re-
newed hia promisor marry bee ; the period we. Axed, but
et last ha refused to marry the plaintiff unless her father gave
hint 6001. as her fortune. .

Mr. Lawrence Wyatt, the plaintiff's father, proved theme
facts and the promise, and that the defendant was worth
about 6,0001.
Cross-examined—ln former days I kept the Shoulder of
Mutton at Oze.rd. I used to fish and shoot with the under-
states. I did not keep ratting dogs; I kept terriers. I
fighting cocks. The proctor has locked up my house,
the young gentlemen got under the beds. That is 26
years ago. My son Isaac was imprisoned for • Town and
Gown row. My eldest eon is not a prizefighter. He am fight
to take his own pert. He gets a living by carrying a basket
with note and oratigee. My other son is a sailor 'before the
mast. I have not spoken to my daughter since her child was
born. I did not bear from my daughter that if I would give
6001. he would marry her. I heard It from my wife.
Beezemined—The defendant, who is instructing counsel
to ask these question', has known my family for upwards of
twenty years. My eldest son turned cut badly, and Ido not
soak to him.
Mr.. Wyatt deposed that on her making the defendant to go
sad ims her daughter after bee confinement, he said, "Ea*
It's all right, why do you fret and that he would marry
her on Monday live weeks. They spoke about what
church they would be married at. She then went end
Mid her husband that Mr. Stone intended to act well by
Serie; mid on the defendant coming down, her husband said
be hoped he would behave like •• honourable man, and he
replied, " I have made all arrangements with Bessie." The
defendant asked bee daughter to ask her father to lot him
have a parlour and bedroom in his house for five weeks. Her
husband and she con/elated, and their daughter told the de-
fendant so. He spoke about his aunt in Logsdon, who would
get the license' and they could go to L models and be married
there instead of Oztord, for that ft would then
be kept so secret no one would know when they were married.
He said, "Bowie, when we go to London I'll buy you a
ring." He caked ber if she would not be married is her
old ring—(laughter)—end she said "Certainly not, it is
quite enough to be married once in one ring." In Idareh
she saw her daughter crying, and on her asking what wee
the matter, Mr. Stone said "The long and abort of it is
I've seen my governor since I saw you lest, and he raid the
Wyatt, have money and I have money, and I don't sue
why Mr. Wyatt should sot give his daughter 6001." Wit-
ness replied it was out of all reason to ask her for 6001.,
sad he said, "If you give 6001. make your daughter
• lady. I'll marry her immediately." On that she had told
Wm to leave her house, and If be had not gone she would
very soon have put him out. (Laughter.)
Crow examined—l was Is • rage, for I thought it was
very bad behaviour for him to bring trouble on my daughter,
and then to make ad•mand for money.

ihis ;lased the plaintiff's case.
Mr. Lusk thin summed up the evidence, commenting
strongly an the cendnet of the defendant in adding to the 41i/l•
gems whkh he bad &heady brought on the plaintiff's lamily
by instructing his counsel to insult the parent of the very
child whom be bad seduced and disgraced He contended
that there was not a single palliating oinwnstance en the
caw, and called upn the jury to give a full and ample com-
pensation in damages.
_ Mr. Skinner then addressed the jury for the defence, re-
marking that the venue had been laid in. I.oedon, where the
parties were not known, instead of at Oxford, where they
were. It had been raid that in early dawn of love the plain-
tiff had loved Stone, but she shunted him on the siding and
took to Duke, perhaps observing that, if it
.pleased Provi-
dence to relieve her from Stone, Duke might yet have
asother chance. Yet Stone had brought no action against
bar, and be could almost plead this as a set-off. The learned
counsel, in conclusion, submitted that very small damages
would meet the justice of the case.
His lordship having summed up,
The cry, atter a brief consultation, found a verdict for the
—Damages 1501.

INSOLVENT DEBTORS COURT.—JULY 6.
(Before Mr. Commissioner Murphy.)
IN RE ♦LFHID ("KEAN/LA.

This case was reported in our paper a few days ago, and
now &somewhat novel application was made by the insolvent's
father, Lieutenant Greece', of Harrow-ow
The applicant reminded the learned Commissioner that the
insolvent was a Custom-house officer, sad said be was much
surprised to learn th►t hehsd applied to the court. The young
man had been bully advised; and since the hearing he (the
father) bad paid a number of debts in fall, sad to the oppos-
ing creditor, who had advanced money, be had offered terms,
which were refused. There was a circumstance in the MN
which, he apprehended, would induce the court to disreies
the proceedings, and that wee, that his son was only 19 when
he petitioned the court.
Mr. Commissioner Murphy said the final order was for the
22nd inst., and, according to the practice of the court, whilst
there were creditors on the schedule the proceedings could
not be vacated. The point of infamy was anothr r question.
and if on the Anal order-day the applicant proved his son
was a minor, hie petition would volubly be dismissed, and
thee, if any creditor sued him, he could plead " infancy."
The applicant thanked the learned commissioner for his
courtesy.

CENTRAL CRIMINAL COURT.

OLD COURT.
(Won Dir. Jnrtic Wight:aim.)

William sibyl:hoot Moore, 35, a respectable-looking men,
was indicted for the wilful murder of hie wife Sophia
Moon.
The jury retired at quarter-past three o'clock to deliberate
open their verdict.
They returned into court at six o'clock, and upon their
being asked if they had agreed upon their verdict, the fore-
man said they had,, and that they found the prisoner
The officer of the court inqu!rtd whether they found the
prisoner guilty of eerier
The foreman said no ; they convicted him of man-
slaughter.
The learned judge, in priming sentence upon the prisoner,
Paid that the jury. for some reason or other which he con-
teased he could nut himself understand, had acquitted him of