The Express.
London, England, 1868-02-01 00:00:00

Cite OTPreoo*

TO CORILLSPONDENTi.
advertisements Wooded toe The gipreteerl," London Evening
, mut be et the °Mee, 10, bve-atreet, by Two
on the day of put:die:M.lov.

HATMARKIT.
TIM 4 F:wslinte, TIIE BROKEN-HEARTED CLUB.—A WIFE
WELL WoN. Messrs. So ern, Buckstone, Howe, elat.
lingers, Bradd. Westhersby, sal Mks Robstisen.—After
slie.h AN UTTER PER-VERSION OM TIIE BRIGAND.

VRINCEAS'S
Tlll9 Emmen, TUE COLLEEN HAWN.CEr. and Stns. Noe
Bout-Iranll—After which THE srrtErtrs OF LONDON. Mr.
Vining, Messrs. Mnrry, Shore, Neville, Vorrester, Melton. ;
Misses Elsworthy, E. Harnett, Rachel Sanger. and stre. Addis.

irtRAND.
Tniq nnaixn. OLD SALT. Mr. Emery and Mi.. Nrlty Nlnore.
—After %Welt TIM CALIPH OF II M;DAD Mews. Mateo
air: Jame.: NlerAldnies Ads Saranbrorcatvit, Juhnakate, Harland,
11,a, ex.—And COAL A:4D CIA K.

HOLBORN.
TtMs Exrwren, TUE FLYING ee 't, D. Menem Atkins. Moe,
Garden, trthar, Westland, and Wiltnott ; Mesdames Melinda,
ttoodnii, Lennox, and maunders —Conclude with VALENTINIC
AN II OtLiON. .11.111 e. Montero, Little Regret's., etc.

THIS EVENING, DON QUIXOFI7; tilt, SANCRO PANZA AND
Ills WIFE TEItEZA. Mrs. Lane. & Ikaaes Edwin& llonth Pun-
toniiiitists SI evrrii. Desitie, Louis, Neuftwill, and t ickirelll: Slinks
C. staiiluso and Miss It.ise Nathan.—An.l WHO DID IT?

111011 WATS& AT LONDOS BRIM&
Two nAy —moray. 6b. 7b.
164666aw—Morning. 76. 2:42..--Aitarnooa, 70. Ws.

LONDON, SATURDAY, FEBRUARY 1.

Tun tender regard of the law for feeble and un-
pro:e,:ted infancy has just been touchingly shown in
the Court of Exchequer. We refer to the judg-
Divot given on Thursday in the mile of "RIDER
WoNI KW ELL." Thu plaintiff is a jeweller
. _

and silversmith, carrying on business in Bond-
street. The defendant is a yomig gentleman of
good family, the son and brother of a baronet,
with a year and a marked taste for jewellery.
Two or three years ago ho attained his majority.
The name which he bears is familiar in the annals
of the Regency, and plays a conspicuous part in
those revelations of the manners and customs of

the British aristocracy which we owe to the pen

of Mr. GRANTLEY BERKELEY. Tho strong
desire of civilized youth to adorn its person with
gorgeous apparel, and with gold and precious
stones, was not absent from the mind of
the infant Womawr.i.L. With the pleasing
thoughtlessness of childhood, he procured
(we can scarcely say, after the defence he
has set up, bought) from Mr. RYDER, of Bond-
street, a pair of wrist-studs or solitaires set with
precious stones, a smelling-bottle, a pair of ear-
rings, some studs, and a silver-gilt-chased goblet,
_ _ _

for which he was charged 671. i 6s. On being
sued for this debt after coining of age, Mr. Womu•
wm.t. munificently paid into court the sum of
61. Ss., and pleaded as to the remainder of the
claim the innocent irresponsibility of his infant
years. The jury, however, returned a verdict for
the plaintiff, whereupon Mr. \VUMRWELL'M counsel

iditained a rule fora nonsuit, on tho ground of
misdirection on the part of the LORD CHIEF BARON.
The case was heard on Thursday. As it involves
points of considerable interest to the jembe,se (lyric
of London, and to the tradesmen who do the gild-
ing of the golden youth, a few words upon it may
be useful.

According to the law of England, an infant
may bind himself by a contract for necessa-
ries, on the plain ground that if he could not do so
he would be unable to obtain credit for them, and so
the unfortunate infant might starve. But for
articles not necessary he cannot bind himself,
otherwise his tender and ingenuous years would be
the prey of designing rogues, who might lead him
into extravagances. The question then arises—
What are necessaries? Were a pair of wrist-studs,
or solitaires set with precious stones, price 25L, a I
smelling-bottle, a pair of ear-rings, and some studs,
strictly necessary to the infant WOMBWELL t Was
it indispensable that he should present a silver-
gilt-chased goblet, worth 15!., to the Marquis of
Har,reet--: ? The Barons of the Court of Exche-
quer sitting in Banco have decided that this present
was not strictly necessary; and they have, therefore,
made absolute the rule for reducing the verdict
by 15t., but have discharged it as to the residue,
leaving, however, the discretion of the defen-
dant free, upon payment:of the costs, to take an
absolute rule fora new trial. This is the judg-
ment of three out of the four Judges—Baron
BRAMWELL dissenting from his brethren, and hold-
ing that the solitaires, and the ear-rings, and the
smelling-bottle were just as little necessary to the
infant WOMBWELL as the present of a silver-gilt-
chased goblet to the Marquis of Ruernies.
According to the first intention and reason of the
law there can be no doubt that he is correct ; but, I
according to the precedents of previous decisions,
there is plausible ground for the judgment of the
majority of the Court. In order that an infant
might not be left without the means of subsist-
ence, he was enabled to make a binding contract,
and to pledge his credit for necessaries, strictly so
called, as fur food, shelter, and clothing. To save
him from being preyed upon by rogues, he could
not pledge his credit for articles not strictly neces-