The Express.
London, England, 1861-12-13 00:00:00

tau intdlisnut.

EQUITY COURTS.—Dsc. 12.
(Wore Vis Leib Jusiissi 4 Appall)
I 7 as wanes.

---
This was an application by the parties who save lately
obtaio.d in order for • commission la loamy to Woe spasm
Mr. Wiadbeat. for a dinatioa by the court that Dr. Mayo
sad !'r. Welater might have as interview with lir. Wind-
ham brt.w.• the execution u( the coasruissioo..
. .

Mir Hugh Cairns, Q.C. (with whom was Mr. Roweliffe),
for Mr. Windham, proposed that the interview should take
ia the praetors of either one of the firm of solicitors
lately retained by Mr. Windham, or of an indifferent pence
to be approved by the court, or of Lir. Tuke.
The Court, then named Dr. outbey and another pro-
fstwocal gentleman ea persons the presence of either of
whom would be tulobjeettonable. and it was then agreed by
the partite that the gentleman moat named should be present,
as Dr. Southey had already made a report to the court en
the matter.
An order to that effect was then made.

COURT OF QUEEN'S BENCH.—Dze. 12.
SEOOND COURT.

Sittiop at Nisi Prim after Toren at GuildbalL—(Beforo Mr.
Julia Blackburn and a Common Jury.)

•wwYOVUL

This was aa anion far a wrongful dismissal The dell-
dent pkaded a Dumber of pleas in justification.
Mr. Saddest Alien sad fir. Murphy were counsel for the
plaintiff ; llr. Unlike, Q.C., was mensal for the ,de-
fondant.
The defendant is the principal of Quesowood College,
Hants, and the plaintiff Dr. Frederick Smith, we. pro-
fessor of mathematics and lecturer on natural philosophy
at that establishment, having succeeded Dr. Hunt I.
The plaintiff at that time wee as. of the
mamma of the Wesleyan Oosamelesal SAW at
Dublin, and was formal an of the head-masters
of a large school at Had The defendant la a
member of the ficelety of Friends. The school was
for toe reception of the children of the garnets of
all denowinatioes. Previous to hie empgamt by
the defendant a oorrespoodeace took plans between
them, when the plaintiff forwarded to the defend-
ant testiroomals from the senior fellow of the
Dublin Univenfty and nine other fellows, Dr.
Milne, the prieoipel of the school at iluddendield, and
the committee of the Wesleyan Connectional SChool at
Dublin. The vacation. at Queeowood were at SI idsum•
mer awl Christmas, and were for a period of six months,
sod it was use of the rules of She illibLishment that
the profaners should return to time to receive the
pupils. The general direction of the studies was
under Dr. Homes, a Swedish potholes, and the professor
of modern lengrages and literates. After the mallow
some Nam eloped before all the scholars rehonal, sad
during that time a provincial aniagemoM was Rode, the
professor forwarding Wore Dies °Welk io the samMeg, on
a slip of paper, to the various masters, the wens of pro-
reeding for the dames for the daE It was the privilege of
the masters at them wish le • the boys se beer aso
play in the playground. and en 9th of Augsa of this
year be allowed the boys to ge out to play, sod west le the
defendant's aportmeeta, warodlog to m appointment,
op another sobjost. The dolleodent's apettment looked
out on the plitypeuni, mil ea hearing the boys in there
be asked themes. meld was inioneed by the plaintiff that
it was his Awe towhee be bad it:Cho to go out
chl to play. Tho unial mein se and Aar their in-
terview the *MOW mimed to Yo ea the per
mimes 10 a hems asoopledby •••• who was those need
Just as he get lbw tie driendran man after hka, aid
after some renmeks from the defendant, he said he required
the plaintiff to return instantly to the college, and take la
his clew, or they most part. Tbe plaintiff declined, and es
the following day he remised • letter from the defendant,
stating tb ot by his conduct he had broken the Dan tract Unrest
them, and rendered it null and void. By cue of Us rules of
the college, if • professor did nos receive during duos pro-
' visional periods Ware 9 o'clock his lesson plea, he was at
liberty for the day. No slips were seat to him; after that,
and is co he applied to • solicitor. A serrespos-
deuce took hotness the solicitors ore both sides, and
no
arrangement beteg new to this action was brought.
Witnesses' wen called Ii support of the plaintiff's east,
the latter admit** that he gave the boys RD hour's play
instead of an beer's helm as was set down for him, be.
• the dames were sot perfect, some of the pupas being
asset. He ones mid to the boys that he considered him-
self overworked. At this time the professor of chemistry
wee acid lecturing became his laboratory was being fitted up.
Hr. Karelia', for the defendant, contended that the latter
wee justified is what he had dom. as the robed of the
plaintiA to take bask hie shwa wee a wild dissembles, and
breach of discipline,
The defendant wee celled, and maid that when he had the
conversation with the plaintiff is hie (the defendeatl=
meet he was sot aware that the boys had hese
frees their mania studies. When be found It out be
went to the plaintiff amid asked him to take bask the elms,
bathe declined to do so or apologies for the Wankel he had
made.

&The jury latiarthrly returned a verdict for the platatilf—
mope SW.

IN= f. TATLO/L -ALLEGID =DOLTON.

This was au mikes brought by the platetiff to recover
""tealkiti• dentiee fee the eastries el his aims by
the eseuesme, whereby be lest lasmr monism
Yr. ptisleembee plaided ace guilty.
g* leysessr, Q.C., sod Mr. Brows were crawl
Ice ths it;.
; Ir.
,fit Balleaties mid Yr. Seep
use for the

lli. -Bldg Ream bevieg=tll9 plaistiff•• me le
thejaarard blearing
BEM self—l as the plaid, ha this •a s, and
reside at Nmeliester. For seise yew I was rsemging
men Is lite risleadest, who is • nulway embargo& I wee
manging some "always that be was maidng la the earth '
el &db.& smil whilst I ma dote( or I rankled at Dyeing-
lea The debminot ores in the habit el living et my
blew whim lie user the north. lam a men,
beit hem no , and a few yeas Mk I adopted my
Mee. Up be those al bee sesismat, WA year, I
serer Mew emythlog spied her elogesser. MN always
anducted thenelf in a proper mom. She lived wish me
hem the yew ISM I paid big. kw the aspeness el her
semisemest. la August, 180 U, I ntst the
whom I isked hiss whet be rte
.sodas{ with Ellshoth (the Meet: its relled,
" By Oed, Smith, you most Dot turn aphid see /et ash
sod yes shell hove sevtlihig you him to sek /se I MY him
meld We oval, lost he should have who. the 'me mail
give kiss. I mat his en aware eseseima, whom be eloped
me 6007. • mar tar en mare if I would keep Elisabeth sad
bar child, sad I bid him I would not take it, and would set
stay with btu at any prise. The delendost is a monied
meo==el Ms Mabee.
I waver toil the dolmas% shat I meant
to name • throned to two pownis wt a/ the noithes. Be
clewed me 1400 C, bat I rehised to receive it.
Ilizabeth Soak mid—l me the plaintiffs ales, gel alm
twenty years et age. Hived with my uncle feruXt men.
I moiler{ the risleembet Meiling at my
essmoaally. Is Oeteher, LIEU, I wee ..sisal el a
add. The delendeot is the latim of that eight
The drfeedaet took bidet:est liberties with me
is my room in August preceding. Os the
sight is gumption the defeedant ems its my mom Mibt
I wit risep. HA Ilya. it.. sod &barmy& get We my
beg where he had improper masa:ion with me. About
Mee maths atter I foiled myself is the family way, and I
mobs to him about it. He laid me uot to tell my aunt,
sod be would maks it all right, mil I did not do so. A
pima el the wan el NAM lives is the home. She mine
into my nom me amine and found me crying. She
roked me what I woe myna for, and I toad her. I
went to my northees, when I use embeed el a
Add. Whilst et my mother's house 1 rassived
mosey from my sod& whirl me spout in the expense.
eromemmaised—l rewired the money by poet. I knew
several servants as the railway, which is near my melee
how. I know ems et their names. I
mey with any of the I liner walked with them. Some
of Mem have been loth* house on business.
Rremunined—Tbere wu never any improper conduct be-
tween me sad any et Sb. railway servants.
Tip Smith said—l am the wife of the plaintiff. I sever
' eimereed any improper magnet between the defendant and
my..inata: _ .

Mrs. Makia aid—l resided is the plaintiff's house at
Duekiagield tar a sae time last year. i remember the
plaintiff's siege leis eery poorly. She was about to go
sato the esaistry,, sad on the morning that she was going
away she wee raying. I asked her wby she was doing se, sad
she replied that it lee Mr. Taylor's fault, sod told me what
was the mime. I asked her why she dui not tell her uncle
sad aunt. She said that she had promised the defendant
she would not, became he had promised to provide tot her.
This was the plaintiff's ave.
For the defames

Mr. Taylos wassailed, who said—l am the defeodeat is
this ow, sad was formerly a railway contractor. I bed •
mistract is the earth of Englaud, sad I usually went there
to ray my accounts, when I stayed at the plaintiff's house.
Elizabeth Smith hoed io my house about tiro years ago. I
have Dover had couuemou with the girL I have
heard her statameut. That le utterly untrue. I sever
beard saythingd of the charge until September. I sever
pprromised to give the plaisiiff este" gaiety if be would keep
izebeth sad bar child. Elizabeth Dever spoke to me •d
told an that I imp the father of the obikL

Crum-exantinsd—lit July I found th;tElimbeth bed left
bar uncle'. how. I might Lave talked shout somitheario
to the girl he lb. pretence of other people.
Thiecoocluded tin ilefenilmeri Cl/10. rad

The learned counsel Lavin iddreeMoralte jury on Wolf
of their respective chest.,
The learned judge summed up, and
The jury, alter retiring for ball an hour, returned into
eoart with • verdict for the defendant.

NO% IL APPLICATION.
The jury In the above case, upon being called upon to
lake the crib, asked his lordship if they could object to one
et their number reeving
Mr. Justice illeekborn—Weil, 1 don't know.
A Jun man—We ask because be is diampmeabist
lis. Justice Blackburn-011, I don't know that you can
slidest to him on Mat groutul.
• Juryman—Bo to sleep. my lord. the last tam
vim reapoi. owl he is very dimagnsible. (Ilasseel
I ansbiat.)