The Express.
London, England, 1868-06-11 00:00:00

COURT OF QrEEN'S BENCH.

2..ttings in Banco.—(BeforeJustifts Blackburu, Lash, and
Hannen.)

Ml= r. BEAL AND ME OTHERS-TIM JUNIOR WO=

CLUB.-DLIMY V. lITUROZON.

This was an action tried in last Michaelmas Term in the
Bail Court before the late Mr. Justice Sheet. when a verdict
was found for the plaintiff. Subsequently Mr. Quoin,
Q.C., obtained a rule in the first case to set
the verdict aside, and Mr. Francis, who ap-
peared for Mr. .4turgmn, another defendant, who had
severed in his defence, also obtained a similar rule. The
&ellen, it will be recollected, was brought against Mr.
Reales and certain members of the Reform League, by
Mr. Dm by, to recover salary and certain expenses incurred
by him for endeavouring to establish a Junior Reform
lub.

Mr. newts today sail the first ease was settled in con-
N quince of the plaintiff having consented to an order
staying further proceedings upon the payment of a Certain
F.CnI of money on a given day. Mr. Sturgeon, having se-
vered his defence, he (Mr. Francis) applied to postpone
that raw• until neat term. The probability was that
nothing more would be heard of it. Mr. Powell, QC.,
who was on the other side, concurred in thinking it would
l the moat advisable course to pursue, and this applica-
tion was made in consequence.
Application granted.
MEM= DIPI4LX V. THE ZUSTICES OP MIDDLESEX.

Mr. Gray, Q.C., applied on behalf of Dr. T. B. Diplock
for a rale calling upon the justices of Middlesex to show
cause why a mandamus should not issue, commanding
them to pay certain penes which Dr. Diplock had paid
out of pocket in holding inquests as coroner of Wed
Middlesex. and a portion of his salary which ha-
,me due to him on the last quarter day.
affidavits showed that Dr. Diplock was elected coroner
rn the 21th February last, when he proceeded to discharge
the (Mhos of his office, and had continued to do so until
Om period of his sending in his demand in May last. Dr.
firplcel had paid 231/. Is. expenses out of his pocket, and
ws. due to him for salary. The magi►trates refused
1•, pay. on the ground that an application had been made
-..r a quo warrant° against Dr. Diplock, which was after-
s, am: made absolute.

Ni. Justice Blackburn—The question is pending. It
t Tor been decided against him.
Mr. Gray said some ono had given the justices notice
to ay the demand.
Mr hiqtira Blackburn said de facto Dr. Diplock filled
e. lie was entitled to his expenses, and without
there was something more than the court then know the
would be made absolute foe the whole of the

Rule grunted.

COURT OF COMMON PLEAS.

fitting. Bance.--(Flefore Lord Chief Justice Bovril and
JuAices Bytes end Smith.)

ermerr.R r. TILL orunammiazzts or

The hearing of this rase was renamed this morning. It
f before the court epos a case stated by a court of
quarter-et-salons, and the question was whether, under the
new lteierm Art, the occupiers of a house which was
vsle4l) let net in lodgings, and in which the owner did
rot rride. but for which he had been rated under the
Small Tenements Act, were or not to be
ceparatcly. 1;p on this depended the wastion
s. Nether such occupiers would be untitled to vote for mam-
ba
r f..r the borougha in which they resided.
Mr. Msnisty, qv., for the respondent, argued that
• •.• vccutier should be rated. He said that pre-
:•,us to the passing of the Reform Act, Mr. Lawson, the
~unrr et the house in reference to which the question
a,., i.e•sl, wit. rated tinder the Small Tenements Act, and
~,nlauce with theilth section of the Reform Act, his
habilite to be rated to any future poor-Tate should cease,
t*.t.eletr, Aould be rated instead.

Mr. ii 4ie Smith °banned, that this cue depended
Lt on an exception to that caactmont, in reference to
a duelling-hone or tenement wholly let out in &pert-
-I..lginp."
Mr Jm.tiee 111.0—Wa. the overseer bound to rate such
tn 'gel
Mr. hhiniaty ihonght that he need not argue that
_ _

Mr. Justice Smith--llut the legislature could hardly
hale intended to leave it to the discretion of the over-
n era whether 4,000 persona should or not he on the registry
rt votr rs.

Mr. Maniety sulimitteth that the intention was that
-crazy vermin who occupied a room or tenement ueparately,
and not a lodger, should he rated.
Mr. J notice Smith mid that in his opinion the question
came tack to what was the meaning of the exception to
the general glactment.
Mr. Juetieeltylee—Wha t wee the meaning of " lodpr ?"
ob.ei ved that the wont was not in the interpretation

Mr. Maniaty —Lodger was defined in Potts v. Smedley,
7 M. and (1., stt, as having reference toe case where "the
owner rceidee in the home or haus coutrol over the outer
&no."'

The Lord Chief Justice -In Cook r. Humber the deft-
',air', was " part of a house used for madame."
Mr. Manisty—Yes, but where the owner exercised con-
-1101 user it. In Tinis r. Luckett, SC. 8., the court
laid that the exchisive control over the door was not tuf-
f...sit to constitute the separate tenants " occupiers
of " lodgers." He submitted that in the present
Cane thr tenants each or-copied a separate tenement, though
the landlord was rated " instead of the occupiers." If
this were not so held, the new Reform Act would be &
dia-
irunchising act instead of an enfranchising act.
Mr. Justice Smith—But it was the patina to whom the
(rimers sought to give the franchise who appealed
vainst having it.
Mr. Justice Myles—They did not object to having the
II MK hi... but they objected to pay rates.
Mr .1 'Aire Smith—The appellant,' "relieve us from
r:a, and it they sucreedeiltheywoul.llose the franchise.
turately the Legislature had not clearly expressed
a, 'relining, and the burden of construction was thrown
ill 'al the court.

'I b.. inns Chief Justice--This was a rating as well as an
• biome heing act, and it was recited in Sturges Bourne's
thit rates could not be collected from lodgnm It
might te that the section in the Reform Act was intended
protect pariehes in the collection of raw.
Mr. Justice Bytes mid that Mr. Manisty's construction
v. ...hi les.l to 11l s, then only halgers h•trmg 10f. occiipa-
t.ons would vote : whilst " occupiers'• no matter how
smell the value of the occupation, would have a vote.
Mr. Menitty, - No doubt that was the great, the memen-
l•.u. ape-when which the curt had to determine.
The Len] Chief Justice asked what rase the exception
In the 7th clause, "dwelling-house wholly let oat in apart-
=eats or lodgings." applied to, if it did not apply to this.
if ittieb II INY COIII.I 1N partiisilarly slNn•ifie.l, that would
go a long way towards tegiOving the difficulty which he

Mr. Menisty—lt appl6.l pre,isely to turn pre+Put cam, in
t inch the owner had let out the whole of his house in
laments, which wen, separately rateable.
repbed.
Iho Lord Chief Justice said that the court would take
me to consider the judgment.
.1 ~.luncnt poetponed.

COURT OP PRORATE.
(Before the Judge Ordinary.)
morello T. JA.--9=III.NCE.
in !1.,, ca,-,e. which had been hoard on the previous day.
Sir J Wilde delivered judgment in favour of the plaintiff,
I heri loy dividing that her parents had really been mar-
tl. •/. A grant of administration de bouis non was, there-
-1.4”. oceie to her; and the defendant was conileinned in
tilt' runts.

tiAlt.ltY V. ItaßlitlT.-9M-4011 CASE.
Mi. &Malley, Q.C. and Mr. Pritchard for the plaintiff ;
j. eut Ilalleutiiie end Mr. Montague Williams for the
lit•illidant.

The tikrintiA, Frederick Barry, as executor, propounded
lb. will of Aiel:u Sywon, of 1, Preehurg-terrace, Dept-
s.der. widow, nod the defendant as next of kin dispitted
Tslidity on the ground of undue execution, incapacity,
want of knowledge or approval of the isoutents of the
• ',UM( nt.

lbl e p am 1.. Cm , a homeopathic penctitioner, was. accord-
lig to *ht. aim! Pet up for the will, sent for in September
by Mr. Gould, butler to Mr. Curling, of 'ls' Princes..
>path% Pars's-Ate r. solicitor. Mold requested him ts go
:a.tl see for &erased. a relative of his, who had lived with
hot who wee Own lodging at the house of one
ealNc .k, in Preaburg-tensor. The plaintiff ae-
r°,dinglY went and found her in a wretched
vonditirr, evidently ruffering from the result,
of Psfv.r.iver drunktainses. She would have none of the
Plmlntlirm hnmreopetlre remedies, anthe he called in an
,Iloynth named Allen, who took medical charge of her.
he plaintiff, however, still catenated himself in her ; and
t'abduluillg Lor etruck with death. urged her to settle her

affair?. At last she consented to make her will; hut she
would leave nothing to her relatives, with whom she said she
had no intercourse. Ms expressed a desire to benefit
• Mrs. Turner, who had once saved her from b?ing run
over while she was in one of her drunken fits. At first she
gave tidy vague descriptions of this person, but at last in-
dicating something like an address the plaintiff sought her
out. Ultimately the testatrix resolved on dividing what
,she had, namely, 1,0001. Consols and some furniture, be-
twee= Mrs. Seabrook, Mrs. Turner, and, at the earnestinter-
anion of the plaintiff, Gould. She had at first made de-
cidedly unplessent remarks about this pereon when thn plain-
tiff reminded her of him, but he rebuked her and told hnr
that iu her state she ought, in place of showing
temper, to be thinking of what would be an equit-
able distribution of her property. Ultimately she
gave way ou the point. She had expreseed a
great deeire to benefit the plaintiff himself, but he
absolutely refused to take more than what he called
" the minimum fee of an executor," to wit, nineteen
guineas. Having had these instructions put into proper
form by an attorney, the plaintiff gave the document to
Dr. Allen, who, on the 28th of September, took with him
a Captain Dicey, of the merchant service, who was stay-
ing at his house, and duly witnessed the execution. The
testatrix died in a few hours afterwards. •

The plaintiff having deposed to most of these statements
was severely cross-examined by Serjeant Ballantine. He
said the deceased had died of malignant typhus fever, from
which she had suffered during the last eight and forty
hours of her life. Had been in practice as a homeopathist
for mix and twenty years. Had never been of any other
ostensible calling ; but had been concerned in public corn-
panim—as a shareholder. Once he had been
foolish enough to lend money. Was in fact a sleeping
in a money lending firm, at 9, Artillery-place.
r'itarniMd. Knew Amy Rose Bntler. She had • also lent
money to the concern. Witness was not Mr. Butler.
In December or January last witness 704441 a
composition with his creditors. In the list was • Mrs.
Stuart, described as of Forth-street, Edinburgh, for 280/.
Another creditor was Ann Turner, of 1, Somers-place,
Leinster-square, Hyde-park, for 200 L She was the
mime person as the legatee of that name.
She was • teacher of the pianoforte. Had made
her acquaintance in the manner described. Had
asked her if she could help him, as he had asked almost
every body else that he lonely ; and she, having had a
"wind-fall" just then, lent him the money. She had
lent it him out of gratitude for what he had done for her
in connexion with Miss Symon's will. She might have bor-
rowed the money. When be said she had had • "windfall,"
he only meant that she had been lucky enough to find some
one to let him have the money. Had lately been before
the magistratesc with Mrs. Stuart in connection with a
charge of obtain. money under false pretences. Would
swear that Mrs. Stuart and Mrs. Turner. were not the
same person. Had never been called "Dubarry
Stuart; " but had been called " Dubarry." Sep-
posed he had been mistaken for the Revalenta
man. Had also been called Butler. Butler and he had
belonged to one firm and had acted for each other—hence
the mistake. Had never lived with Mrs. Stuart. She
had acted as housekeeper at 9, Artillery-place. Did not
live there ; but had a place of call there and slept there.
It was not usual to sleep at a mere place of call;
kut witness's habits in that respect were exceptional.
The charge against Mrs. Stuart was that she had obtained
2001. from a gentleman. She now lay under arrest at 52,
Seymour-street, being too ill to appear before the magis-
trates. Witness had been bailed. Was lessee of the
house in Seymour-street ; had let it to Mrs. Stuart, and
had vouched for her respectability.
Serjeant Ballantine asked if " Allen" had not given the
certificate on which the magistrate had excused Mrs.
Sermoni a attendance.
Witness demurred to such an offensive way of indicating
hie friend.

Serjeant Ballantine—But I choose to call him " Allen."
Withers--And I choose not to recognise him under so
disrespectful a designation. 11 I had occasion to speak
of you I should not call you " Ballantine " or
" Bully Salentine," but " Mr. Counsellor Bellantine."
(A laugh.)
The witness (who, by the bye, soon afterwards spoke of
the learned serjeant's junior as "Montagu Williams")
added that by the mistake either of himself or of the
undertaker, the deceased was in the 'lra instance buried
in a romper's grave, but that the error wasarectitted the
next day.
Be-examined—Did not know whether Mn. Turner could
be produced. Supposed she was kept out of the way be-
cause having heard her name coupled with those of Mrs.
Stuart and witness she was afraid of being mplicated in
the charge of swindling.
This morning Mr. Pritchard stated that at the rising of
the court last night his learned leader (Mr. O'Malley),
himself, and the gentleman who instructed them, had
made it a condition with their client that he should pro-
duce Mrs. Turner. That had not been done, and they,
therefore, thought it their duty to withdraw from the
case. At the same thee they considered it only right to
call Dr. Allen to explain some matters that had arisen
in the evidence affecting him.
Dr. Alfred Benjamin De Lyon Allen, of 115, Con-
naught-terrace, accordingly went into the box, •
and stated that though be had known Berry
two or three and twenty years ago he had lost sight of
him for twenty years. A short time since Barry called
on him and said that as he was getting out of his hommo-
pathic practice, he should be able to put cases in the wit-
ners's way. Witness maid he should have no object-
tiou to that ; and this had been the first.

—.—
Vre7se-ex.;;nined--Had been referee for Barry, but had
spoken of him in very guarded terms. Had described him
before the magirUates as a member of the College of
Burgoms, and had always supposed him to be such.
Mr. Pritchard then threw up his brief.
The Court said there could he no doubt as to the nature
of the cafes. This man, hove about the death-bed of
this drunken woman, had virtually made a will for her,
by which ha had left one-third of her property to
Mrs. Turner. What were the precise relations that
existed between her and the plaintiff did not very dearly
appear, but there could ho no doubt that his object was
to get the money into his own possession. Probate
must therefore be refused, and the plaintiff must be con-
demned in the costa.