The Express.
London, England, 1859-07-09 00:00:00

COURT OF QUEEN'S BENCH—JuIe 8.

(Sittings et Guildhall after Tans berms Lad Chief Justice
Cockburn mud a sponini jury.)
YLZTCHES V. FLITCHEIL

(Conti rded from yes'erlay's Ixpren.)
Dr. Dixon and Dr. Rootledge were then examined, and
lemided to the terfact eanity of the plaintiff on the 9th of
Most, lasB, and subsequently.
Mr. Lush then announced that the plaintiff's case closed
there.
Mr. Royal uteri the court leave to retire for a ehort time
ht company with his learned friend on the other aide' with •
I view to treeing if it were poseible to prevent the necessity of
the case going mach further.
After en &brew. of about half an hour the counsel on both
Was returned into court, and
. . .

kir;ilO;TilianTitM;Taftit;althotigh it might be neceesary
for him to proceed • little further, and to address the jury,
and perhaps call a witness or two, it would not bo requisite
foe his lordehip to take r note of what occurred, ea be be-
lieved the cam sus about to terminate In a manner that
met the concurrence of both parties. The hatred gentle-
man than addressed the jury on behalf of the defendant;
he said it wee utterly imposable for them to have judged
diapas.ionately of Colonel Fletcher's crnduct without their
being acquainted a ith the evidence upon which that
gentleman had acted. In the coarse of the inquiry it had
been unhaptily his duty to gapes some of the follies of a
young man ; but he rejoiced to say that Mr. Fletcher was
now in the eejoyment of obsolete and camplete heal,b, both
mental and bodily. For he did sot believe that auy man, be
ha old or young, could ham gene through that examination
of yeatettley mime he was possessed of the stmegest in-
tellect. But he woe equally 'Misled that if in the unhappy
condition in which Mr. Fletcher was in March, 1858, he had
Oct !yen placed under the care of some person who would
have revulated his diet and his manner of life, that young
gentleman might have advanced into those wages of Maumee
which lead to • decay of the intellect, and ultimately to death.
Coleact Fletcher could have bat no motive but one in acting
Sowards his nephew ris be did. Although the affections of
the uncle and the nephew had been foam circumstances
estranged from each other, still, from the very fleet, Colonel
Fletcher had not neglected his duty towards the young
man. Not placed in circumstances of effluence himself. be
had, nevertheless, contributed to the support of Mrs.
Fletcher, the mother of the plaintiff, is wet as to the main-
tenance of Mies Fletcher, hi. aster. /decides that, is con•
junction with Mr. James Fletcher, he had seat that young
man two the world, more than owe, too, with the mesas of
obtaining a livelihood. The jury had hada history of tome
of the events which had marked this unhappy care. It wee
not his intention to develop further ciretinistatas coanected
with it eve cue, but that a moat t sinful f. Were. There
I was an impression upon the mind of the plaintiff that Colonel
Fletcher bad bees actuated in his conduct by *sinister motive,
and that his objeet was to prevent the 'summation cf certain
emennts coanected with the firm of which Mr. Fletcher's father
had been • member. Now he should feel it his duty at the
clam of his obeevations to prove by witnea"es that them ac-
counts had been invutigated up to the latest moonset, that
to • penny they were accurate, and that, in fact, the books of
the firm were kept with a preci.ion not eueoding that of
any house in the metropolis. The executors bad investi-
gated them. Yee, Mr. Cunliffe and Mr. Mariam them-
selves both old friends of the family, and gentlemen ;appal
la commercial transaalene, had done so, the solicitors,
Mews. Wingate sod Wickens, had done so, and hotly,
Messrs. Quitter mad Bell, the eminent accountant., bad gone
through the books item by item. The we was this :—ln
the unfortunate year 18 17 the hour, of Alexander, Flatchtr,
and Co., which, up to shot Clll/0 had stood as high RI any
hones in the world, fared themselves under enormous mom'-
... . .

meets with several haws in India ; from one alone there
were debt" due to them to the appalling amount of nearly
500,0001. The coneenttenos was. there wu the pro-
spect of fearful loses' accruing to the firm. In-
deed, be might ay that ultimately their losses 'mounted
to warty 3,000,0001 sterling, and that the home
was only saved through the enormous fortune of Mr Atte •
ander, who came forward with the produce of the whole f
his estate, to that the Iseult wee, every creditor was paid
20.. is the poucd. At the time of the crisis the father of
toe plaintill had Is the Louse about 23,0001. ; end with e
view of preventing some of their losses in India, Mr.
Fletcher, senior, repaired to that country about the com-
ment:omnd of 1848. Previous to Lie depot tore, and eup-
posnig that something might yet be saved for the arm, Mr.
Fletcher made his wiU. Mr. Fletcher died almost within a
fortnight of his reachieg India. Now, it was a emitter of
coarse that Ir.",Cutiliffe and Mr. Harrison, the executors
of his will, both closely investigated the state of Mr.
Fletcher's affairs after hia death. Mr. Cuelifis was obliged
,to take out probate as for siesta sworn ander 3,0001. That
' probate, too, was taken out independently of any debts doe