The Express.
London, England, 1857-11-06 00:00:00

COURT OF EXCHEQUER.

(Sittings In Bred.—ihisss tbs !ant-Shia! Ism, and

Banos Msietiz, Vials Ts. and Cbanasll.)

WEDS O. FISHES -CRIMINAL CONVERSATION.
This a lion, to recover damages for the corruption of plain-
tire wife, was tried at the Mat Stafford assizes before Mr.
Bane Martin, and ended in a verdict for the defendant.
Mr. Skinner now moved for a new trial on these
grounds: that evidence wee improperly admitted; that the
verdict was seism the evidence, and that the plaintiff was
taken by surprise. It appeared that the plaintiff was • lock-
smith, eat Wolverhampton, and occupied a house belonging
to the defendant at the time of the alleged adultery. He
was in the habit of proceeding early in the day to his work.
chop, at emu distance from his house and remaining
there nutil the evening, and the defendant wee
said to have availed himself of the opposeuninse of
plaintiff's absence, and the excuse of calling or the rent, to
seduce the plaintiff'. wife. The evidence on the pert of the
plaintiff went to show that the mintiest intercourse took
place about the buffeting of 1853, and continued for two at
three year.. and the evidence of which be complained was
given by Thomas Rogue end Charles Turnbourne, to the
effect that 18 mueths before the action was brought they new
Mrs. Webb commit • gross set of incontinence with a
lawyer's clerk named Bridgwater.
Me. Baron Martin maid that he had ti different opinion be-
fore be heard this case, but after be had hued it he thought
it time to do away with theaction for trim. con, In such an
action he deemed evidence to show that the woman had oda-
condeeted herself with another man, after her seduction,
perfectly admisible in mitigation of
Mr. Skinner submitted that whetrreindant bad cor-
rupted a woman, he had no right to claim advantage from her
becoming, through hie means, the moot discreditable of
women.
The Chief Baron said be should not be sorry to see an end
put to them disagreeable discussions.
Mr. Skinner cited the case of " Elsom c. Fawcett," a
similar action, iu which the first adultmy was consequent
upon meeting :Le plaintiff's wife as a common prostitute in
the stymie. Compel preened to show that the plaintiff's
wife continued to conduct herself AA ti prostitute; but Lord
Kenyon ruled that although evidence of loose conduct before
the commission
.of the act might be given, evidence of ease-
quail acts of mmonluct could not be received.
The Chef Boron said he was not at all to sawing
to that doctrine. It was much too
Mr. Baron Martin said that, asenming the law to be so,
which was doubtful, there wee no evidence in this came that
the intimacy of Bridgwater woe subsequent to that of de-
fendant.
Mr. Skinner said that the nature' daughter of Mrs. Webb
fixed the date of defendant's intimacy long anterior to the
time of the alleged incontinence with Bridemeter. He pre-
sented that witneee as worthy of belief, and if she were not
worthy of belief, he would have had no position at all.
The Chief Beton—The jury found a verdict for the de.
fendant. Therefore, the evidence as to Bridgwater, did not
affect the damages.
Mr. Skinner could not meant to the proposition that evi-
dence which had been improperly admitted should be upheld
because it did not affect the tulle.
Mr. Baron Watson—Surely in an action of this kind the
defendant may show that the woman was generally unchaste
before marriage, after marriage, and after alleged Reduction.
Mr. Skinner rid that although the plaintiff's wife had
been seduced early in life, and had bed an illegitimate child,
she had afterwards kept a school, which was well sappoided,
sad by marriage repaired her character,
Ids, Anon Martin knew that debuted counsel paned •
wars milogium on her, but he was not aware Many evidence
of It. The impression on his mind at the end of the phds-
tirs cue war, that a good speech would have got • verdict
for the defendant. However, witnesses were milled for the
defence, sad he thought in all probability the act of sdultery
wu committed by the defendant, but he should have given
the plaintiff a farthing damage'.
Mr. Skinner submitted that the court would net consider
the amount of damages, but act on the opinion of Mr. Baron
Martin, that the verdict should have been for the plaintiff.
The Chief Heron said—That if it were the opinion of
Mr. Baron Marin that at all events there should not have
been more than • farthing damage., he, for one, would not
disterb the verdict.
Mr. Skinner contended that the improper admission of the
evidence se to Bridgwater produced en influence on the jury
which was not legitimate.
Mr. Baron Watson—Was there any evidence of inoonti-
ware between the marriage and the alleged adultery
Mr. Skinner—No; and es to Arithmetic, • lawyer's clerk,
he mu prepared to swear an affidavit that the evidence of
the two men Amnia and Turnbourne wee wholly untrue.
and that he was uthing.ateps to prosecute them for wilful
sad corrupt_perjry.
The Chief Baron repeated big opinion that the evidence
wee admissible, end that the verdict ought sot to be dis-
torted.
Mr. Baron Martin had no doubt that the evidence was
admiesible. It was for the jury to give effect to
evidence of aubsequent acts of unclmatity, end to
draw their men conclusion, whether it was consequent
on the corruption of the defendant or an indication of the de-
praved mind of the woman. If there were a new trial,
Bridgwater could only swear what be bad already
sworn, that nothing of the sort occurred, but two men
swore that it did. The plaintiff'. rife was as tad u bad
could be, and there were strong grounds for believing that It
was not the action of the bueleind, but the seek,* of Bridge-
water, the attorneys clerk. lie thought it wee not a cue in
which this court ought to interfere.
Mr. BY= Waeon concurred, and remarked on the Cale
of " Hiegel r. Fawcett" beinz quoted only by the highest
authorities cm miss of evidence (Mr. Phillips and Mr.
Stands) as to the admission of letters, and not on
the point which arose In this ease. It would be
extremely wrong to grant a new trial. The ulterior
object of going to the House of Ler& wee out of the quo-
don, and in all probability a second trial would come to the
same end as the first.
Mr. Baron Cliannell atm c snared.
Bole refused.

COURT OF BANKRUPTCY.
(Before Mr. Commissioner 00t
IN EE 701.—DTBASTROCII TRADING.
The bankrupt, Octave Foe, a merchant of Old Broad-
sheet, applied for his oertifkate.
Mr. Parnell, thy ofLial assignee, in his meet an the
MG, stated that at the period the sconuits commented-1g
January, 1865 the bankrupt was posh red el estssder-
, ebb esphal—upwe-ds of MOW. tile subsequent
boa bees moot Moi&oal. He Dow owedto ormoovolb=

amid sat yield awe the. I
MAO Lc. lane by tde
take. Hie ameectinse
them bed tea • kat of
Tbebeekrapt had beim
oh= He had
, at Angel-
advaa• al 270 W. ca woe
. the the Kai at ladle., sad
Litqia
trte;ds tea the wharf
barowed nosey

ezaminstion, 'WM that he bed
-I the r.yer (6asbie. His lame
J, to obleht freights fr, kis
and the rats got at them
treassetkos be mode a loss of
@Wanted his fei.ore to the

Mgt (1w24 pare. of 5,9141.;
Men* 4,444 L
: ; =
law ;
tAdee,kolas 303 f.;
verelr. •
e 1.6. h. an
u • G 271.
• Teligius, as the ground that
.en rine prow's.); faren
di which Cs stopped payment,
6wy end PIT off -the adrulce of
rik The trading tutd
I not been kept by double entry,
amount.
tealrept, drew attention to the
Thd bankrupt had bosun
whole of him tratsac-tio, ho
-4 wregrwlanty, which h.,1 been
meditate .0 the reimpose tof the
"..o coast would 'wider him m-
ama.

look into the ram observing
IBM the berben reel of atom then en own
qty—ef• wry pm .we pint ocorrosecial I- er. No:
=add lam seat at the root of all fair
te esmateve thee such omen. t a. this man wee
sherged with, that of obtaining calve Ls the geode twits
ems. It was said that the offence was purged es the
emllten ; but the public had a right to be oatrNwd, sag
re elan r serer tree use sr purer.
(Before Mr. COLOMilikaar Enna )

IN OP .•nrat. ItAN(OCK.
This Tea dse Ow meeting on ter the banbruptcy of Sir
Smog Tisdecela, Knight, orbit had been made bankrupt as
a Nab Asia and asses salesman. sr Faninetta, near Edon-
MAP% LOIN iddi of No, S. Halkia-street West,
chemist sad druggist, hailing ha per. nersldp with
Charles dasscark, ander this tirm of Williams and
Co. The petitioning .editor is Mr.. li,wktrp, of
Hastings, sndosr, • creditor for VOL, mos.. lent. The
art of bisakruptcp seas a di. it... Afton of Insolvency. The
bankrupt eves to mute Ind rraditor. &Mut 2.04./01.. with
ether Uhbfthis of iit,uotd. The assets an sbrod at about
SAM
lb. Wistwortli, of 1.-ppir Seposonr-street, Portman-
wpm% was ebossa trade amigos.

THE POLICE COURTS
(TIM DAY.)

GUILDHALL.
ParTAL TII.IAOR IN TIII l MON.

ibeiwr 115,;3;41,:i.);:i.:;;;.;:;1"4 fur rend
waste ere the Awry of eiwarltee Witham Breeden km time
Wee Lewes Velem, was Waugh* op &a holm- szeietee-
tem Wady, to that charge.
Widen Beiradell latisizt fe wienqueent of this mean,
bee mined la 164 bospul 14r Lb. Mat three ,u &,.l
weeks, Weeded trdq, ant stated— I was km the West
La.dceyak! se ".1...505y, has 1:0th of let otou'h. I

was peeking oakum ass the 'primate sm. Suing opposite
sas st therms table. He hoM ofiny week, wallop=
my %Mai Ma sot to take it, Ito said, IrU let y, kaow
I will take the work whenever I think proper." I told
Me be should do sothitg cd Mad Mad , mod I was In
the set et taklatt lb. work hack when be Jumped up
la a drestital poratos ►Pad Matta a Aided blow
et ay Wed scrota the table, bat he °sly ',mocked
▪ny kat. H. then naught hokt of rte I • the kale et
ay bead, mad began puturbta; m. with his I'd in the he.
MA all power, and cordiscd doing oo so emg ad be wee
ilk I caned ke atto:etag C. std, thrudh the,. wen others
*saw by, oo *se mate to help me. 11.1 t Lid knuckle
ear my eye, end thought then my had bees burst by
&blow. I msde my way to Mr. Phil! pm, Pm matem, and
I me goes atter takes to the hospital, le& to I bare remained
mid to-day.
Ow Pam Lawns—How lons beer you been La the sates
wins—About two year., ar. . _

si;"FiTsw.tTeri.-7-:-Wai-ib;;; hes the prison,' been

ter:

Prisr;er— Sem yvers,.
Sir Firer Leario—Wlist hare re to r .7 to this, prisoner'
Prioonsr—He wreck no loth • stark Fret,

-- - -
ether did Amadei, ci see dad.
Robert thither essol-1 the es tames al tee maim, tat I
rot MIS dr malt cersesethel. lis the mow rise
Sam the table is a At prim std Yro,lug ghat sort of
I IS be we. 1 the it the pad w gee these at the ether
Mlle ever la the aril la lori-er • dWearer q,j4.
MIMS' I head the ampler eat Weeding eery

II
' 1.-6;Am Ircievesreitl-1 ilid est witnees the whole et the
anielt bet I saw tle pleessr saes Bi,ndell in the cye with
reel vlsisece eM I else we the how liAve the room with
Se
Used purist Man Ids Mt e)e.
Mr. Weksield 9•36—1 see Moe miry is et hr. Berthoke,
oafs Eitegital. The ecesphitesat nee ielinitt,l on notiday,
Ihe Mt el Odell" lest, sad es enereimir 3 Dial I toned the
•Werk".l4:r=s—tt. lb. =,'",:71,-. re4;ell.';;-...,,h,
•
boys bra laded by • New km tlk dot ?
.

is.
Mr Pear lii--7W i • very brisial assault, and I
dine *saw rad Ib oar foe trial s the ensuing sessions
1 as Cuitial CANIsal "Tar!

'no rimer was Um e«ouThilttid tar triAl.
110W-671LIOST.
_ POOLI.PI TRUK' O► MEDICAL WITDIIIT+.

Two witll -rio7aed yexnat tux, •Lo .13 tiedieal
oladeote, sod pee the mate Ales Bet, ler arid Frederick
Oar hos, wore cherged ander de following ciimunateocee :
Pole ewes 11 126 maid .iriat at a late hour let night he
wao as lie bent near Tottenham-court-road, wad
es
he paired through Altera...4,rd f .ad tin primmer,
Ohm. They wen ortachangcFe kar. k,c He
mat ap to two, arid oew each of thou, throw away a
knoeker. Both knockers had Wen tarn from bowies in
Alfredndreet. sad thaw of wear,' otbr: hour, hai been
loomed. They ran away, brat he f ilowod, sad took them
both is charge. Butcher was intoxicated, out Lie; kJI,i• was
. .

Clarkson amid belied ao hand in wreathing the knocker'
at The one that he w++ .on to thaw ire cy woo banded to
him by his companion.
Mr. Jardine mid the pram who looked on while such
things were being done wan aa enlpasle so he wk. +cruelly
did it. It was • shame for your.g num in their ra-
don and et their educaHoss es commit themselves
t manner. The dirges, war u act rester then easy
t that he could Inflict. Ht. regrt.tod thr: the Law
rars enable him to trepove • mere adermats punishment
lee such a naimbievousect ho could vnly order t thorn to pay
U. each for the damage &or, or So for •
Meath.

WORSH IP-BTE SET.
POR4EILT AND ROOFERS',

Petrick Weal, 19, a cleft in the =ploy of Menvre. lames
Wild and Co., flock =walnuts in the vd, Mere-
nub. Ina charged before Kr. Iburmill with tbe above
offence..
. .

Prom the evidence it tram ardent ,od that on the 4th of
lase lees, Mr. Wild left London iiiiightoa, end gave fa-
' etroctioms to a senior clerk to pay Os banker ' 161. left
I et his private house in Clifton-strew.. lii when, ingather with
any other monies left tinge withiu • iiisyla
These orders were overheeed by the psi -quer, who. watching
hfa opportnaity, obtaiaed the fog., me of the serves's,
whirr the pretext that Mr. Norris, :he dark alluded to,
Mat him for it. This point gained, he retained to the far,
loq, broke open • letter there, and abstract, I • i-bolue for
14. Mr. Wilds signature, ind, pormodeg him-
self of the act, decamped.
Heyward, the active anneat officer of thla court in charge
tithe CIAN stated that he brought the whoa, born tileggow
um • warmat panted by the oftastratt on *he broth lure.
Private information had reached wiinies that Welds was
wafering an imprignatneat of sixty lay. in the k.-a.. 1 of
Oh.le,w, and proceeding there he Clad math n, be the
act. N.* say trace of the two am. ants could be dis-
believed, and the wooed admitted hi. guilt. The sixty
lays' imsn-eration was tir being found b math the tad of a
gentlemen's apartment in the ad Rotel,
street. with the Intention of cotornittr.g • felony. The
Warr, who poeeessed • coseiderable a lomat cl money,
artnastely bor.', looked about his maiplag-room before
he retired to root, sad saw the prisuser rasooneed sa
The magistrate ordered • remand.
WESTMINSTER.

WANDALOL P AIISAITLT 111...;;;;;;;;01 Till 2ND UM
GUADIr.

Drams Prow mid Bamford Chiputork, trickles of the
lind Ws Owe, were t Lugo! with a not °insistent,
mesa es Mr. 0. Mottehot, artist and tea 3sur of language',
Mein at No. 4, Church-row, Hairnet.
The complaisant stated that abont 12 4' dna at
je was walking by ale earl waU
to Chelma Boothia, wbtw lin saw the
plamote coming 0...a1t0 him. Oa me Item he was
=dimly ars& by Chien...lt with ha• 11 t U:1011 the
Sight side of his hest and was ckel down.
Complaisant thought • relilwry wa • in and
sail out "Polito :" As this occurs.' • female swine
bolded him, wham she was r rack by the
Moe Talmage, and forced IlicaaLt a ohm window.
(ramplainant) got up to *Werra I that tie kaaale
Tee Weed* from a cat es her kn. she screamed oat
*Mad.; pAire." Complainant was et. nal dine Isonlied
lows by Freer, who mode am of dreudf 'lngtege. The
Fascism altar that ran away, hot sums l .I.cemea tame up,
%Pa they were takes to the lotion-house.
The ftmale eanohors.ed sow woolliest • f Ur complaisant,
UM add. d that she wee kicked by ass .d t as primmer,.
Mr. Antadd sad that be &Pahl send the ems It Ile
Murals.
The primes won the. resierb d.

T,,bw rd the ussa woe
dd. la ate petted. He bed
ia ground outs mullioned
to 238.3711., ups which
SW, an average of I l par cent.
of great irregularity in 1
usro. Bieleoffebeet and (
, Thrognortou-ereet, an ad,
cake, oduting • ith the
thee obtained tbe &limy of i
smother party. Ile bad 'abaci
repaid the edesace ot 2,3001.
The bankrupt, in his cumin
to Sierra La ono and the
were owing his inability t
the nuts bad to be stand, a
denroyed them. Oa some ten
or per cent. Re also attri
ton of the var.
The baker* duet showed • prof
othenetel,_l,44‘.; helmet, I
orence. SU& • persona man
*am; bed hue, 441
Mr. nnei= fur the web
of am
lltbousey rZy en
had coadirlyed be
Dimilhollimis ea=
recithet; the balks het nor
time woe pellt et keit roc
Inermee, he the lealre
holism et the an..
a hip spiel; se in the le
realer then eredlits"
edema Ss asps diet Ike cow
Med le • outline* et a la* dm
Rio Ream wk tkrt alook