The Express.
London, England, 1868-02-17 00:00:00

COURT OF QUEEN'S BENCH.-FEB. 15.

After Term Nisi Prins Sittings et Guildhail.—(Before
the Lord Chief Justice and Common Juries.)
BAXTER AND 631/TH V. lirtiCEN,

This nu an action to recover the sum of 42/. 14e. Cm.
from the defendant, Bliss Adah Isaacs Bltuken. The de-
fendant pleaded • number of pleas, and Amongst others,
that • bill of exchange for 331.,part of the amount claimed,
was obtained by fraud. _ _

Mr. Prentice, Q.C., and Mr. Murphy were counsel for
the plaintiffs; Mr. Be:leant Parry and Mr. Joyce for
the defendant.

Mr. Prentice, in opening the plaintiffs' case, said that
Messrs. Baxter and KT. Smith are the trustees under
• deed of assignment for the benefit of creditors of Messrs.
Pearce and Counts., for many years carrying on business
in Long-acre. They became unfortunate in business, and
in June, 1866, they msdo the assignment in question.
Adab Isaacs Menken is the celebrated actress known
more particularly in the character of Maseppa, at Astley's.
The learned counsel said he believed she was • lady with
rather extravagant tastes ; but probably that was matter
of opinion. This action was brought to recover 42/. 148.6 d.
Of that amount 33/. tie. Gd. was upon a bill of exchange
accepted by Miss idenken, the remainder of the amount
being for repairs, &c. In 1864 the defendant required a
brougham, but not of the ordinary description and such
em ordinary mortals would order, but one of a truly
mai,nifloent description. to be ornamented in silver, with
home' heads; and there was also • very handsome
set of double harness supplied of a peculiarly splendid
character. There were bells for the horses' heads, and, in
fact, the turn out was one calculated to make a conaider-
able impression. The stipulation was that it should bo a
reedy money transaction, and in November, 1864, she paid
100/. before the brougham was sent home. Au account
was sent in on the 30th November, 1864, for the balance,
2041.65. 6d. Some trifling sums were paid, and at the end
of 1864 the account amounted to 1701. 14s. In July, 1865,
Miss Menken went to America, and the was absent for
some time. She returned iu September, if 1. when
another etatement of account was sent in, and the balance
remained then at PRI. le. Gd. Messrs. Pearce and Conntse
became anxious about the money, and ultimately it was
arranged that Miss Menken should give bills for the
balance, one for 661. odd and two for 331.55. Gd., and it
was for the last of those bills the plaintiffs
now sued. A correspondence ensued in which
Mr. Fender represented himself as defendant's agent,
and in • letter containing one of the accepted bills, which
was afterwards paid, Mr. Fender Rays, " Min Mullion, on
account of the serious illnem of Captain 8., has been ob-
liged to go to New York. Sho well return with him as
soon as possible, and she desires me to my she will make
you • remittance. Our next engagement is at Manchester,
to be followed by 100 nights at Paris."

The deed of assignment was then put in and proved,
the defendant's counsel observii.g that their instructions
were to put the plaintiffs to strict proof. The fraud had
reference to the bill, it having been obtained when, in fact,
there was nothing owing as represented when the bill was
given.
Mr. Countze was called—Mir Menken ordered a
brougham with a circular front, and aide lights in the
quarter'. There were handsome curtains decorated with
silk fringe and tassels, and handsome silver-plated lamps.
The lamas were chased in parts, surmounted with a demi.
horse rampant in silver. (Laughter.) The panels were
bordered round with foliage ornaments in gilding ; the
wheels were picked out in gold and white foliage, with
hands of white and gold round the felloes and naves ; the
handles were silver chased to correspond ; her monogram
and crest, demi-horse rampant, was on the panels, and
round the roof was a very handsome silver abased orna-
ment of foliage with a demi-horse rampant at each corner.
There were also silver plated nails in the wheels. All
other matters had to eorresnd.
The Lord Chief Justice—Whose design was it, yours or
the lady's?
Witness—The lady suggested it, and directed it to be
done.

Mr. Murphy—You have forgotten the cigar pockets.
Witness—There were two inside.
The Lord Chief Justioe—That does not add to the ex-
pense except so far as the cigars are concerned.
Witness—A set of very handsome double harness was
also supplied. It was elaborately ornamented in silver,
and the crest, the demi.horse rampant, was placed where-
ever room could be found for it. 'Thera were also two sets
of bells for the horses. One set silver foe day time, and a
commoner set for night.
Mr. Joyce—Oh, those evening bell(e)s! (Loud laughter.)
Witnesa—There was also a set of horse clothing provided
which was bordered round with scarlet, and the initials in
the oorners. It came to 3031. altogether. There was also
a very handsome whip and knee wrapper for the coachman.
Tho carriage was placed with us whilst Miss Menken was
in America.

A great amount of evidence was then even, tracing the
payments to show that Mies Menken b.id not overpaid her
account by the amount of the last bill, and also to prove
Mr. Pander's agency.
Crces-examined--Mr. E. T. Smith, lessee of Ackley 's,
ono of the trustees, is a friend of mine ; he introduced
customers to me. I don't know it Mr. Smith ordered the
carriage for the defendant. I have never taken orders
from Mr. Smith about this carriage. We charge 2201, for
the brougham alone. The first charge for the harness was
421. ; there was added 131. 81. more for the brougham, and
161. 19a. for the harness, making 2961. 2s. I never had
a complaint made, never had any complaint of the rain
coming in.
The further hearing of the case was then adjourned.
The court will not ait before twelve o'clock on Monday.

COURT OF RXCHRQUER.—Faa. 15.
Sitting at Nisi Prins, at Guildhall.—(Before the Lord
Chief Baron and a Special Jury.)

CROSSLEY V. ILLWORTRY.

The trial of this important cue was a,„nin proceeded
with.

Berjeant Ballantine, Mr. Joseph Brown, Q.C., Mr.
Philbriek, and Mr. Atkinson, appeared for the plaintiff ;
the Attorney-Cenral, Mr. Mellish, Q.C., and Mr. Lord
for the defendant.

The first witness called was Sir Francis Crossley, Bart.,
11.. P., the brother of the plaintiff. Ho said—l formerly
carried on business at Halifax in partnership with my
brothers John and Joseph, as " John Crossley and Sons."
That business is now conducted by a limited company, but
we still retain a considerable interest in the company, and
ere members of it. I have known Mr. Elwortby, the de-
fendant, to speak to, 10 or 12 years, hut I never knew him
very intimately until after the death of Mr. Kershaw,
M.P. for Stockport', in the spring of 1844. He left me and
others executors of his will. I declined to act as executor,
but I commented to act as trustee on behalf of Mr. El-
worthy's wife. I had no knowledge of the London and
Colonial Company (Limited) except what wu represented
to me by Mr. Elworthy. In the spring of 1865 he said
what a good thing it was and he recommended me. if I
had any money to spare, to invest it in the undertaking.
He pressed me very much to take shares. I told him it
was not in my way, but that I would mention the matter
to my brother if ho wished it. I took no trouble to
look into the business--I left that to my brother.
I merely told my brother what he had represented
to me respecting the company. I knew scarcely
anything of the business. My own impression
was that of brewing ale at Burton a= selling it to London
brewers. On the 13th June, 1865, I received a letter from
Mr. Elwortky, advising me to take some shares in the
company, and on the 16th I replied stating that my
brother wished to inquire what would be the position of
the new shareholders as compared with the old. On the
Bth July be wrote to me again, saying that they had re-
ceived as many applications for shares as they could
expect, and to a few persons had guaranteed allotments.
Ho added that they bad not yet seen any application from
Mr. Joseph CraWey, but doubtless they would receive
one in good time. " The profits," he said, "for the
put ear, if not increased, we know will be ample to pay
• div Wed of 10 per cent. on all thecapital we now ask for,
without reckoning upon the accumulations." He further
said that they had received an offer from a private friend
to take the whole of the debentures in one sum, but they
declined to unapt it and he took • smaller amount. I
spin wrote S. Mr. illworty on the 13th July to the
die* that sp brother had but decided to go in for •
L e:= dorm, but before he did so be with= to see
o/ eneelation. Two days afterwards he sent
ta oss:e the erlistes, and said the more searching the
were about the company the mon =Weed=
they weal/ feel in answering them. On the 19th of July' I
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