The Express.
London, England, 1868-02-27 00:00:00

ASHDOWN AND ANOTHER P. WOOD.

The declaration in this use alleged that the plaintiffs,
Messrs. Ashdown and Parry, were music-sellers and pub-
lishers ; that they published • periodical called Honorer
Square; and that the defendant, who was • member of
the firm of Cramer and Co., published of them in the
UreAearra, of which he was the proprietor, the following
BWU—" Once upon. • time—we decline to say the
date when " meme " Islington was hardly so populous
or so popular as it is now, a young couple, anxious
to make their way in the world, embarked
their whole fortunes in • pie-shop ; locality
selected being immediately opposite the celebrated
Angel. The establishment was carefully conducted, the
appurtenances cleanly, end the pies looked good and cheap,
but customer were scarce, and the owners had little to do
but to make pies and eat them, and devoted their time to
keeping up appearances- In this last endeavour they were
eminently successful, and • well-to-do position was so ad-
mirably simulated that just as the original piemen was
thinking of putting up his shutters, and effecting a moon-
light flit, another shop was opened next door to them
in the same line. This seemed • coup ae graee,
but proved only a crisis. There ensued at once an in-
creased and increasing business, and the rivals, who had
originally been most bitter enemies, soon went on com-
fortably enough, in the fact of their earning a tolerable
subsistence. But this was not to endure, for the placid
prosperity of the two piemen actually induced another of
the fraternity to open • third pie shop. The alarm of
numbers 1 and 2 was fearful, but it was needless, for
the great pie interest had become a power, and the triad of
purveyors secured a clientelle which promised large and
speedy fortunes. Not only the Islingtonians, but the neigh-
bowing denizens of Pentonville, Canonbury, and Ball's-
rind, whether sarcephagous, ichthyophagone, or luirpo-
phagous, seemed determined to enjoy their favourite
food meat when presented in the form of pies. The
AneW found • compensation for the loss of former visitors
to the Hornsey Bel Pie-house, and looked complacently
epos the three illuminati who bad only just stopped short
of discovering the philosopher's stone. The mystic num-
ber had been attained, further rivalry was hopeless, and
the three piemen had nothing to do but to amass
fortunes, and, being satiated with riches, to
let their shops to successors who should run the same.
How many alliances have been formed from these three
houses with wealthy country families or with the poorer
clam of our aristocratic nobility we cannot linger to die-
eribe, but, ea all our readers know, the three pie shops,
print inter pores, still flourish and long may they flourish
as purveyors of cheap and savoury food for the million.
We have been led into an antiquarian and topogra-
phical dissertation by the occurrence of a parallel
event at our own door. The type of the Islington pie
shops appears about to be complimented by an anti-type
in the musical world. As our readers know a musical pie-
shop was opened some two months ago by Messrs. Ash-
down and Parry in Hanover-square. OH the actual
semen of the event we are hardly in a position to
speak, but those who are know that they have put •
good face upon the matter, and though appearances are
somewhat deceitful, their apparent and somewhat ob-
trusive solvency has produced a similar venture in Bond-
street Bat there is an essential difference in the pabulum
provided. Is Hanover-aquare the high art path was the
staple ; in Bond-street we descend to the pie for the
million, a viand which the previous generation
bad the alternative of possessing either by a " toss"
or buy. The second shop opened by Hopwood and Crew
offers • piquant quadrille, and • pretty Christy ditty, and
an ad captanduso waltz, and, lastly, a comic mug by
Harry Clifton, equally destitute of grammar, musical or
verbal, and of common sense. We have little faith in
detur dignori in the matter of music for the million, and
we think that the lower aim is more likely to hit the
mark. The ware* of the Islington varehounes were doubtless
equally good, but the musical piemen have adopted a
scale rapidly descending. Where then should we
liollitnfor the third of the series? There doubtless is •
third waiting for his share of the spoil in the newly-dneo-
vered diggings, yet hesitating e'er he takes a leap in the
dark. Can we do anything to urge on his
indecision? Much have we been misrepresented
and maligned for our good, counsel and advice on
previous occasions, yet we will risk an earnest and sincere
recommendation. Let the third pie shop be opened in
Holles.street for the isle of that one pie only, manufac-
tured by Claribel. We may then hope to see that, as at
Islington, the three establishments may flourish, having
the additional romairqendation of being the musical repre-
sentativnid"htt art, low wit, sad as was." The pl•diteffs
alleged that the meaning of the libel was that they had
embarked the whole of their capital in the Hanover.
square and that it had been unsuccessful; that they
were insolvent, and were keeping up false appearancesof
solvency, and that they had intended to cheat their cre-
ditors, and to abscond from their place of business with
their j....pc.ty by night, whereby the plaintiffs were
injured in their tade. The defendant pleaded not
guilty.
Mr. Coleridge, Q.C., and Mr. T. Salter appeared for the
plaintiff ; and Mfr. Serjeant Ballantine end /dr. Pike for
the defendant.
Mr. Coleridge, in opening the case' read the libel to the
jury, and added that as soon as the publication had
taken plan communications passed between the
reference to a retractation and apolog
vsrtiee
in
they could not agree as to the terms y, in
which this statement should be framed, and no
spongy of any kind was inserted in the Orchestra
until • fortnight after the publication of the libel, and not
and stair the action had been commenced. In conclusion
he added that his clients were then perfectly willing to
neann sonept a trzsierwapology, accompanied by a verdict foe
al
Mr. lierjeant Mallantine said that he hoped to convince
the jury that the article complained of was no libel at all.
Hie dint had from the first been ready to offer an apology,
sad to state in the strongest terms that it was
tended to cast any imputation upon the character of the
slaintiffs. He was ready at that moment to make •
" drawn battle" of it, but he could consent to no other
balm
Mean evidenee was given as to the negotiations in refer-
ee., to an olorp, sad the plaintiff Mr. Ashdown said
that the libel was likely to do his firm considerable injury.
Ica aroseaxasninatioa he said that there had never hem
any matriondly feeling between them and Mr. Wood, and
they bad been sarong the principol supporters of the
Orehmks.
Mr. Serjeant &floating, called no witnesses, but contea-
'4Dd that tie article really was no libel, and that the
dellendant bed always been willing to spee in tar
abash eft to have been accepted for any expressions of
villa the plaintiffs might think they bad • right to tar
Alin
Lerd Chief Junto, Bovill, in ramming up, said that M
aimed to him that there had really been very little Mar-
Inee between the parties as to the terns ed the
re y. The defendant was willing to pint in
paper :—" We retract it, sad express our sneers
regret that the matter ever was Inserted, and to state that
no imputation was intended," but declined to say that it
was " unjustifiable and without foundation." The
innklasectually inserted, after detailing the negotiation
as le aselimadol •we have only to state thane impu-
tation wan on Messrs. Ashdown and Parry, when
inn, indeed, dead, too higis to be affected by w-
ildsi of tbst Mad. If or in the article appears
he seam' • senetsry imperially we are most anxious to
capons ear repel les ,say sampan that a dubious or
isserernal phew say have been the canoe." His lord-
ship them Willa through the snood libel, and left it to the
jar, to say whether is their opinion the article was a fair
cemmeut or was libellous.
After the jury bed been locked up for three quarters of
aa boar, it woe speed that the ftang of the majority
should bet
accepted as the verdict. Upon nom-
intoing wart they stated that the whole of
them were *greed that the article was a libel and
the tale! of them thooght that the damages should be
ens
declined to certify for costs.

COURT OF PROBATE AND DIVORCE.
(Bofors Ha Jadp Ordinary.)
rumen AID maxi V. Lows AND Lows, 10011

unwaviousos.
Dr. drab, Q.C., Mr. Searia, sad Mr. I/tansy for the
rs,
tiff the monitors • Dr. Deena, C., Mr. Ositridge.
. sad Mr. laderidok for Ward sad Mr.. Lowe
• Wuddhabse, Q.C., and Mr. Bblrs Will for the
intervener, the Day. Edward Weft.
This was s peculiar and sonicrwhol painful ease. The
testator, Mr. Maurice Pater Moon, was a solititor is

"partnd
heersidhipal.withsttheyeerpylticonti.ifeaiblee,
t Sleafor`-j
oolnshire. He was in • respectable way of b • .
could fall to • man of his profession. He was •
pt noel
considerable erudition, fond of archeological purse
and of literary tastes. Ile married a M pft.—'
coat in 11339, and had by her three
children-
one of whom, however, died in his infancy, and moth,:
when quite young, leaving only Louisa Acumen Moore
Tieing. She was born in 18" when her mother died-:
child. Her aunt, Miss Sophia Peacock, one of ie
Cc
plaintiffs, was greatly trusted by the testater, sad 1.4
always been much consulted by him respecting his chat
Towards the end of his life he retired from Murata. 54
went abroad but in uence of an attack 4
cramp, which' he ex • on Mount Vent *us.
he thought it best to return home. On "
way he heard that his father, the Rev, his
Moore, of Spaldiag, had died; and on the llth of lise.A
1866, had an interview with his brother, the Rev. &IQ
Moore (the intervener), with whom he had some die
forme. On the 11th of April he had a kind of paralytic
seizure, which left upon him a singular itfeciim
called by medical men "aphasia." On behalf of
the plaintiffs it was contended that rho
lea
tater was in the perfect possessien of hi.
1141:11411, bat that he had entirely lost his recollection and,
indeed, the ability to rec ,llect a great portion of thelam.
gunge. The result was that he could not express his he.
I sires unless he was reminded of the word lie wanted sonde,
' either by being told of it, or by seeing it written doss.
I He had, therefore, a number of cards prepared with sub
words as " bread," "butter," " meat," " wise,"
sums of money, and the like printed on thvar--4-
'so that when he wanted to ask for anytioura'
he might consult those cards. When he bad found tide
I word he wanted he could ask for it ; and so he mansged
; get on pretty well. On the 9th of July he had a setae
I applied, which relieved him cotudderably ; and in the foi-
llowing month he had • violent bleeding from the ewe,
which did him so much good that he was enabled to ies-
, pent* with the seton. On the 14th Sept. he had another
; attack, from which he also recovered ; but on the of
November he had a third, which terminated hi, life
at
,• the age of 57. The instrumentin dispute had betueeecuted
lon the 18th of August, 1866. He bad several tines asked
his partner, Mr. Peake, to make • will for hint, led Mr,
peake,not believing in his testamentary capacity, had pit
him off,anil on the 16th of August the testator went to
another
solicitor, Mr. Holdritob, of Stamford, who drew up testa.
, mentary paper for him. Before it was signed, however,
the testator conversed with his partner once more about
it, and so completely altered Mr. Peakes opinion on the
subject that he consented to sanction the execution , mid
. the paper was accordingly signed by Mr. Moore. M the
' presence of two of the clerks of the firm. The testator's
property consisted of about 13,000/, over which he had a
power of appointment under hie marriage settlement ; and
about 30,000/. which was absolutely his. lie hel nude
several previous wills, but they were all characterieci by
one peculiarity—they gave not tag to his daughter ex-
. cept the settled estate. From • very early period
he had been profoundly discontented at her coa-
lduct; and in • draft will of. 18:s8, when she ITS. about
ea years of age, he said, "I grieve to record tl.at I h..,
seen no reason to alter the disposition of my property as
by my will. Russell • conduct towards me coat nics to
be cold and heartless. She has scarcely originated
one kind word to me since she left school, nearly
I a year and • half since ; and I must look on her as not
deserving to inherit from me. It would be painful to
; think that she would have the power of triemphieg over
me when I was gone ; and this she would do if ski, lad the
I chance." Such being the testator's feeling, be had at tint
I given the residue of his property, after paynieut of some
small legacies, to his sister-in-law; but ie
be appointed his father his residuary legatee. Th., feet
was that he had long desired to marry Miss Pucci:, and
had at last become incensed at her steadfast rcfuail
' enter into relations with him, to which it would Iv en.
possible to give • lawful character. About this time his
daughter contracted an intimacy with a Mr. Corrance,
I to which the testator vehemently objected; but finding
his remonstranoes vain, he at last, on the :a eh of
1860, wrote to her imploring her to deal op WI with
him, and offering, if she would only ceaee to intrigue
against him, to allow her to be married to Mr. corrnace,
' if not with the sanction of his presence with at lea.t such
countenance from the family, and would save her honour
and dignity. She accordingly became Mrs. CorrdllCC hot
the marriage turned out very unhappy, and at the mew-A
lof the teotutor Miss Peacock went to live first at Jersey and
then at Weymouth, so as to be near her niece. There um
' a separation, and on the 20th May,1866, Mr. Comm e pro.
I cured • decree nisi against his wife for adultery with Culerel
Lowe. This was made absolute in the following Novender,
• I and Colonel Lowe had since married her. On the _'ml of
• August, 1863, the testator had made a codicil pro Ming
l that if his father pre-deceased him the residuary legatee
a should be his brother, the Rev. E. Moore ; but after the
a quarrel ho had torn the seal of the instrument,
I and as was alleged had so cancelled it. Afterwan:s he
• bad made the will as described, and had thereby himself
• restored Miss Peacock to her old position as residuary
i legatee. Mr. Edward Moore and the Lewes both oi.lsood
this will ; and in the event of its being decided 410..4.
there would be another trial as between them, the Loves
• contending for an intestacy, and Mr. Edward Mere
bureg!injatcedbatthhise bcorodtichietr was not of teatatory capacity vies
• The case is likely to Lot for several days.

COURT OF ARCHES.
(Before the Bight Hon. Sir Robert Phil Emote.)

IMPORTANT RITUAL CANE.

This morning the suit of the Rev. F. H. Ricking., Vicar
of Atherstone, in the diocese of Worcester, against Mr.
Edward Cordingly, the churchwarden, was brought before
tho Dean of Arehea. The charge against the defewl..ot
was that of illegally removing articles wed
in the service of the church and the ...ce
came on for hearing on an objection to the admit.
&ion of the responsive plea filed by the defendant.
The learned judge suggested that the plea should be
admitted, and the facts agreed to without involving the
wet of taking evidence, and then the legal points of the
case could be argued at an early date.
' This course was assented to by the learned connxl on
both sides.

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Ifolroyd.)
IN RE GEORGE. LUNGLEY.

The bankrupt was a shipbuilder, 1;:i muter of the
emigration depot at Southampton. The accounts upon
which he has passed his examination disclose debts and
liabilities, 19,08:6i. against good debts, 200 f.; doubtful
debts, 11,7801. (estimated to realise 500/.) ; and property in
the hands of creditors, 10,1671.
This was the sitting foe discharge.
Mr. Bagley, for the assignees, offered no opposition;
Mr. Reed supported the bankrupt.
Mr. Sargood opposed for creditor', who complained that
the bankrupt bad transferred his property shortly before
the date of adjudication in May last, to three or four
gentlemen who were his sureties to the Hampshire think.
hag Company, but it did not appear at the time the
security was given that the bankrupt's aunties had made
any payment on his account to the bank. It appeared
that the transfer of the property was made in purenAnoi
of an arrangement entered into in the July previous, ti
which date the bankrupt was indebted to the 6nk in the
sum of 4,1301. The learned counsel contended that the
bankrupt had no right to continue in business after July.
1866 and that debts contracted by him after that Pried
bad been contracted without reasonable means or circle
Eon of making payment.
Mr. Sorrell also opposed for a creditor.
His Honour, without calling upon Mr. Reed, intimated
that having regard to decisions of the Court of Appeal in
similar oases, he could not, upon thefacts es brought tel
him, come to a conclusion advents to the bankrupt. There
was no evidence of improper means being used by the
bankrupt in the contraction of debts, and at the time
he
gave the security over his property in favour of the hint
tt was upon the understanding that the bank would stford
hits assistance. As no CPAS had been established etrein't
tits bankrupt upon which the court could act, the meet
of discharge would be granted.
803coMr.g.Reedwas
duera was
to te obnalamy righot tofrost:tehisthbarottha der,e of
oar.
loi
which be relied to pay his creditors.
The order of discharge was accordingly granted.
ten
Honour also directing that the expenses of the opponuee
should come out of the estate.

CENTRAL CRIMINAL COURT.

(THIS DAY.)

Wore Harm Bramwell.)
THE DESPERATE ATTEMPT TO MURDER AT

CLERXIGIWELL.
Jawses:' Needell, 34, described as a law clerk, was placed
at the bar to plead to an indictment charging him with
shooting (at :Thomas Chatterton, with intent to murder
him.
Mr. Ribton prosecuted ; and the prisoner Wai defended
by Ur. Besley.
It will be recollected that on the sth of February the
prisoner appeared to have gone up to the prostcutor and
discharged one of the barrels of a revolver at him. He
inflicted a very severe wound in the neck, and for some
time the prosecutor's life was considered in danger, and
be is still suffering severely from the wound indicted
the prisoner. The parties appeared to have been perfect
strangers, and the conduct of the prisoner indicated that
be was not of sound mind.
Mr. Gibson, the surgeon of Newgale, was next examined
and be expressed Ids opinion thud the prisoner was un-
doubtedly insane. He was labouring under various delu-
sion', one of which was that he was ~tan* 1611°Nd
by a number of ponce who desired to do him some
fury. He had also, it appeared, nixie one occasion given
• gentleman who was • perfect stringer to him into cos-

tody for endeavouring to fares a bottle of poises down
his t;lroat.
The jury found that the prisoner was insane, and he
was onlered to be detained in safe custody during her
uwatfa pleasure.

POLICE COURTS.-(THIS DAY.)

CLERVINWELL.

,R(Wi DISILITION OP • Wllll AND FAXILY.—COMXITTAL.
Sawed Marshall, • labourer, residing at 15, Little
comm.plarse, St. Pancras, was charged with deserting his
and hastily, whereby they had become chargeable to
the parish of St. Pancras.
Sir. Ricketts, solicitor, prosecuted on behalf of the
guardians of the poor of St. Pancras, and asked that the
defendant might be sent to gaol as en example to others.
Dewrtions of wives and families seemed to be on the in.
crease, end the guardians had instructed him to say
that they would prosecute in every case that was brought
under their notice.
The chargeability of the defendant's wife and three
children was proved by Mr. Moon, one of the relieving
overseer'. and it was shown that they were relieved on the
Stet of I /cc., last year. He had been in the habitat Musing
his wife and nearly half-starved the family. He was
a labourer in full work, but spent most of his earnings in
drink. He had before deserted his wife about three
yeas since. When he was apprehended by Mason, the
warrant officer, be was cohabiting with a widow, and when
asked if he knew where his wife was, he said he was not
aware that she and the family were receiving parish relief.
When the ease was first before the court the defendant
said that if inquiries were made it would be found that
his wife was • woman of bad character.
Mr. Ricketts said that inquiries had been made about
the wife, and she was found to be • hard working and
industrious woman, and that the defendant, instead of
kenoing his wife, was supporting another woman.
The magistrate said be considered this a bad case, and
sentenced the prisoner to one month's hard labour in the
House of Correction,

TILE' PROSECUTION OF EX-GOVERNOR

EYRE.

DOW-STREEr.-(THIS DAY.)

This morning, at Bow-street Police-court, Sir
E. P. Collier, instructed by Messrs. Shinn andßosooe, on
behalf of Mr. John Stuart Mill, the pmident, and Mr.
Peter Taylor, the treasurer, of the Jamaica Commits.,
waited on Sir Thomas Henry to apply for a warrant against
t.o,ernor Byre for the murder of Mr. Gordon, in Jamaica,
r the outbreak of 1865. _ _ _