The Express.
London, England, 1861-06-22 00:00:00

'Br NAGNTRATts AND TOWN COPNCIT. OP DEM= T. TR!

• I'ItINFITTERT 4:1? DUNDZi.
This is an appeal against a deciaice of the Court of Session
is Scotland. The suit was brought by the presbytery of
Dundee against the corporation for the purpose of establish-
ing the right of the former to certain funds and property in
the burgh known as the hospital fund, in virtue of a charter
granted by Queen Mary is 1657. The use was only partly
opened when the house rose, and we therefore postpone
our report.

EQUITY COURTS.—J 21.
(Before Vice-Chancellor Sir John Stout.)
IFX Nati TIRE 111TROPOLITAM RAILWAT CONPAST.—IX at

THE DIZTROPOLYTAN RAILWAY ACT
1,1r4), ARD THE
LANDO CLAIMER CORROLIDATION ACT 5).
- -

Mr. &will appeared in support of • petition, which
rayed for payrneat out of court of amm of 79f41. The
Metropolitan Railway Company having given notice to •
Mr. J. A. T. Smyth of their intention to take for the pur-
poem of their railway certain lands belonging to him, under
the Mth section of the Lands Clauses Coosolidation Act,
paid the 7914/. in question into court. The company, how-
ever, did not take possession of Mr. Smith's land, but sub-
sequently entered into ea agreement with Mr. Smyth for
the purchase of Ids isterest ie the land for 8801., such pur-
chase to be completed and possession given on the 29th of
September next, and the present petition prayed that the
795/. might be paid out to the company, on the ground that
the agreement which had been entered into (the company
sot having taken poinieeion) took the ease oat of the S'ith,
Nth, and Slth seutions of the Lands Clauses Consolidation
Act, Isls.
r. Hol,house appeared for Mr. Smyth.
The Vice-Chancellor said he thought that the money
being in court it abould remain there, as • security for the
performance of the condition of the bond, which was to
secure the payment of his purchase-money to the land.
owner ; and therefore he directed that the petition should
stand over till Michaelmas term, by which time the pur-
chase would be completed. It was then arranged that the
petition should be in the paper next petition day, to suable
the parties to consider whether they would deposit the
money at interest in their joint names in the London and
Westminster Bank.

COURT OF QUEEN'S BENCH.--Jusz 21.

Sittings at Nisi Prins at Westminster.— (Before Lord
Chief Justice Cockburn and a Special Jury.)

JICHNIXIA V. AOUTH [AST= RUMAT CO AT.

This wee as action to recover compensation in damages for
an alleged breach of contract in regard to the =espial:is of
cattle as the defendants' railway.
Mr. M. Chambers mid Mr. Powell appeared for the plain.
tiff; and Mr. Damien and Mr. Field for the defendants.
From the opening statement it appeared that the plaintiff
is a butcher, as business at
phes the troops in the garrison of Widmer with meat by
rub-contract. He was in the habit of purchasing cattle at
different market., and he purchased at Rye market, on the
occasion in question, four oxen, fourheifers, and fill sheep. He
drove them to the station at Rye, where be delivered them
at 12 o'clock at noes oe the 17th of October. He maw the
head porter, who said they should be forwarded almost im-
mediately. The day wadi very wet, and the plaintiff said
the cattle and sheep must be delivered at Deal that evening,
mike would sot have them out in the night. Plaintiff saw
them put in the trucks, and then returned to Deal. The
cattle did not arrive that evening, and were not delivered
until a quarter past 12 o'zlock the next day. He was obliged
in consequence of their non-arrival to purchase meat to sup-
ply the garrison. The cattle and sheep baring been four.
sod-twenty bourn on the way, and the oxen having gored
and bruised each other in the trucks, caused the meat to be
so meek spoiled, that be sold much of it at a loss, sad was
obliged to throw much of it away. His loam altogether on
the price which he paid for the cattle and the produce he
akfaioed for them was 28/., and on the sheep he also sus.
tallied a loss.

having' even evidence in support of him
mese.

The defence was that the cattle were forwarded by the
ordinary train, that some of them were of a very inferior
description, end that a portion of the sheep were also in
very bad condition ; and it was further said that the cattle
*mold not be sent by an evening train, ea the company
never despatched one from the Rye station.
The jury ultimately found a verdict for the plaintiff—
damages, SW.
SECOND COURT.

Sittings before Mr. Justice Hill and Common Juries.

11111118 or JUSOM.II.

The jury panel having been celled over, his lordship im-
posed a boa of U. on each juryman who did not answer to
him rune. . _

The 4:Wort was occupied all day is trying a cm* in releviace
to a °attract for charcoal, of so lateral except to tles
litigating parties.

COURT OF PROBATE AND DIVORCE.
June 21.
(Before the Judge Ordinary.)

IeORTGAR V. 1021111001, MID ANDIZION.

Mr. Serjeaat fame, Mr. J. O. Griffith , and Mr. Searle
were counsel for the petitioner • and Yr. Kerslake, Q.C.,
aid Mr. Archibald, far the co-renpendsat M'Henry. The
other reepoadeats did sot appear. The petitioner claimed
5,0001. as demagog as_ vomit WHeary, who denied both
the marriage and the sdoltery.
The petitioner, Mr. Jensen M'Oreger bad been a solicitor
in this seuntry, and also is Australia' but in the winter of
1857 he returned to this country, and went to reside at
Chiatiabam, where he wee introduced to the respondent,
him Lucy Poole, daughter of Colonel Poole. He became
eneraciared of her, proposed for her head, and was accepted,
at it was al aged, with the consent of her friends.
Poole, however, afterwards thought fit to with-
draw his sanction to the match, on the ground of disparity
of years, the petitioner being about 40, and the young
lady only 18. Min Poole did not acquiesce in this
tennination of the petitioner's suit, and on the
16th of Mena, 1868, her father locked bar in her
room. From this scsdaement, however, she escaped by a
bold ruse. She set he to her veil, and with that to the
curtains of her bed. The result, of course, created the
greatest confusion and alarm. Colonel Poole unlocked
Mee door, and the young lady took advantage of the dis-
taff:4/0k slipped out of the house, and her lover took
her away with her maid to Bath. The next morning
they were married at Waloot Church, in the presence
of the maid. Eleanor Chadwick, since married to a parson
sanged Pricker. The other witoesse was the parish clerk,
sad so one else was present except a stranger lady who
was In the gallery. After the ceremeay they went to
Clifton, then they visited some friends of the petitioner in
Lei:madam and then they proceeded to the Continent. At
Clifton Colonel Poole had met his son-is-law, sod bad
collared and struck Dim. It was stated, however, that • re-
conciliation was soon after effected, feet with the mother
and then with the father of the bride. The petitioner was
said to have bees food of his wife, and very kid to bee,
but the goaded ei the respondent was described by the
entreat Fricke and other witnesses as having always been
very flighty, and like that of a spoiled child. She told
Pricker that she was once expelled, or almost expelled,
from a school at Brussels on account of her flirtations.
She said that aloe had attempted to elope with another
Mr. M'Cregor thought ant she would be
=naby •e, but his anticipations were not fulfilled.
Absent from the first she renewed her habit of flirtation,
whisk led ie frequent quarrels. On the continental railways
she need to write on serape of paper, aol pus them to
stranger potlemen in other compartments of the carriage
and on tee occasion there was a quarrel at the table d'bOte'
at which she threw something at the petitioner. In August,
1858, Mr. WOregor had occasion to return to Melbourne,
and be lidt eke respondent, who was enceinte, with her
:L e:it at Teigamouth. She was delivered, somewhat pre-
y, as wait supposed, of a child, in November, but it
soon afterwards died. Soon after this she became se-
quainted with the eo-respondent, Captain M'Henry, late of
the 11th Irregular Foot. His attentions becoming very
obvious, Kn. M'Oregor's friends strongly remonstrated
with him upon them, but without effect. It was then
thought advisable to seed her to a relation's at Sydenham.
Colonel Poole, being in a very infirm state of health,
entrusted her to au aunt, Mrs. Dixon, to take bee to the
railway. At the station, however, Mrs. Dixon was
shocked to find Captain hi 'Henry already there.
Abe implored him not to ro with her, and at
last extorted from him a promise that he would
no further than Beadles. He accompanied Cher, osic.setr, to London, took an apartment at the Brunswick,
in Jermenetreet, for Captain and Mrs. M'Henry; and after
going with her to the theatre, he spent the night with her
at the hotel. She then went to her friends at Sydenhate,
sod after a time returned homes le December, 1859, she
left England in the steamer Great Britain for Australia ;
but on her arrival in Melbourne her husband discovered, as
was stated, by MOLDS of a letter, her intrigue with Captain
M'Heory, and sent her home on board the steamer South-
ampton, by the mate of which, the co-respondent, Andersen,
she was again seduced ; and she had since been cohabiting
at Islington as his wife.
For the co-respondent it was alleged that the
was by banns, and that the petitioner had bees 'nom=
deeeribeel as "Joseph ll'Oregor. " instead of "James Alex-
ander Jos ph which was his proper name . • be-
sides which the respondent bad been falsely stated to be of
fan op; and there had not been the residence at Weleot
required by law. Yr. Kerslake also dwelt with some so.
verity ea the einitst of the petitioner in taking a_ yews
lady el ma a ebreeelee by such means from her father's
hems ; rod seatioded that he was not entitled to more than
neaminal Amapa.
A few triteness were called in support of Captain
WHiggires ease, the principal one bon a woman named