The Sun.
London, England, 1865-01-26 00:00:00

THE SUN, LONDON, THURSDAY EVENING, JANUARY 26, 1865.

LAW INTELLIGENCE—(This Day).

COURT OF DIVORCE.
(Before the Judge Ordinary.)
SILBERBERG V. SILBERBERG.

This was a suit instituted by the wife, praying for
judicial separation from her husband, the respondent, on
the ground of cruelty.
The petitioner said the marriage took place in 1845, the
parties being of the Jewish persuasion. The respondent
represented himself as the son of a gentleman, and stated
that he had an income of £6OO per annum. After the
marriage they went to Germany, and very shortly after he
began to treat her very cruelly, especially while they were
residing at Dantzic. They afterwards returned
to England, and the respondent (the petitioner
having discovered that his representations with
regard to his income were entirely untrue) became ma-
nager to a cigar importer in Pall-mall, and also of a shop in
St. Martin's-le-Grand. Their private residence was at
Hornsey, at which place he treated her with the greatest
bru

y. She was confined to her room on many occa-
sions by his conduct, and two or three times she was com-

polled to send for medical aid. On one of these occasions
he ill-used her very shortly before her confinement.
He horsewhipped her, struck her violently with his fist,
and compelled her and her infant to sleep upon the floor
without the slightest covering. The petitioner then de-
tailed various acts of cruelty, and the surgeon was called
to speak of the injuries the petitioner had received, but
with respect to certain specified acts alleged by the peti-

tioner he did not confirm her evidence.
The Judge Ordinary said that although the petitioner
had not substantiated entirely the allegations alleged in
her petition, yet she had proved a case of the greatest
cruelty against the respondent, and he therefore grant her
the relief she prayed for.
Decree nisi accordingly.

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Holroyd.)
IN RE ELIZABETH GREEN.

This bankrupt was described as of no occupation, but
Lying at Peckham, and to-day she came up for order of

ischarge

The bankrupt was an invalid, and was allowed to be
seated, being represented by Mr. Lewis.
The accounts disclosed debts, due upon accommodation
bills, £270, with no assets.

Mr. Sargood, for the assignees, said he had been in-
structed to oppose, and would, therefore, put a few ques-
tions to the bankrupt, who stated that she had lived with
her sister up to September last, and had no property, depend-
ing entirely on her friends for her living. She had been
induced by her brother, who was now bankrupt, to put
her name to two bills, in order that he might be placed in
a better position.
The bankrupt's brother admitted that he had asked his
sister to sign the bills, and that he had passed them to a
creditor, to whom he owed £3OO. He did this because
security had been asked for. Witness had been bankrupt,
and his order of discharge had been suspended for three
months.

His Honour considered that the bankrupt had given bills
without reasonable means of being able to pay them,
and therefore the order of discharge would be suspended
for six months, with protection for two months.
(Before Registrar Winslow.)
IN RE CHRICHTON.

This bankrupt was described as a commission agent of
the Baltic and Dundee trade, and to-day came up for his
order of discharge upon debts £14,856, with no statement
of assets. An application was made for an adjournment, in
order that further accounts might be filed.
Order accordingly.

SHERIFFS' COURT.
(Before Mr. Commissioner Kerr.)
TELEGRAPHIC MESSAGES AND THE PUBLIC-IMPORTANT

DECISION.

THE ELECTRIC AND INTERNATIONAL TELEGRAPH COMPANY

V. BESSET.

This was an action to recover 9s. 9d. extra charge upon
a message sent by the defendant to Constantinople some

time ago.
A gentleman who appeared for the company said that
the defendant sent a message in French to Constantinople,
and the clerk who estimated it charged six words short.
It had been found that the party who penned the message
had joined some of the words together, and this misled the.
clerk, who did not understand the language.
Defendant (who is a foreigner) urged that it was the duty
of the company to have charged a proper sum at first. He
had sent a certain message which the company contracted
to carry to Constantinople for a given price. Defendant
apprehended that this was the only contract between him-
self and the company, and that the latter could not recover
any excess that might arise.
His Honour endeavoured to explain the matter to de-
fendant without avail, until a long conversation ensued in
French, when the defendant said it was the duty of the
telegraph clerk to estimate the number of the words in the
message when it was left at the office.
His Honour pointed out to the defendant that the com-
pany charged under a certain tariff, and that tariff was so
much per word. If the company had only charged 40
words, and there proved to be 46, then it was clear the
charge for the six words could be recovered.
Defendant thought it was very hard upon him.
His Honour—You have received the value of the 46
words, and must pay for them, but I shall not allow any
costs, as I think the company ought to have sued the de-
fendant before. Here is a delay of nearly twelvemonths.
Plaintiff's representative—We applied directly the mis-
take was found out.
His Honour—But you may have misled the defendant
by this long delay. You ought to employ a clerk who un-
derstands French if you contract to carry itessages in that
language.
Verdict for plaintiff without costs.

POLICE INTELLIGENCE,—This Day.

MARLBOROUGH-STREET.

THE " FRIENDS OF PROGRESS" LOAN ASSOCIATION.—Mr.
Knox handed the following letter to our reporter :
"10, Macclesfield-street, Soho-square.
" Sir,—l am induced, in justice to all parties connected
with the Friends of Progress Loan Association, held at the
Three Tuns, Rupert-street,. Haymarket, to complain of a
word used in reporting a complaint made before you on
Thursday last by a poor man named Peakall. The repre-
sentation made to you evidently led you to believe that the
late secretary had absconded, such, however, is not the
fact, as will be confessed when I state that his name is
William Cross Smith, and that he resides at 28, Henrietta-
street, Covent-garden. It is, however, unfortunately true,
that from some cause at present unexplained by him, and
which he appears to be unable to explain, he having,
as he says, taken the position at the decease of a
former secretary some two years since without know-
ing the state of the society's funds. There is
a large deficit shown by contrasting the arrears on
loans with the stock credited to members, and that in
consequence of the numerous notices of withdrawals the
funds have become so reduced as to render it impossible
to meet any further claims until the arrears due on loans
are recovered by a county court process, which will neces-
sarily occupy a considerable portion of time; and hence
has arisen the difficulty in meeting the just claim of the
poor man Peakall, which all parties connected with the
society must, and do regret. I trust, sir, you will pardon
the liberty I have taken in intruding on your valuable time
by placing before you the facts I have mentioned, and
should be greatly obliged if the reporter attached to your
court would do me the favour in some way to correct the
statement which has gone forth through the press, either
by the publication of this letter or otherwise, which is cal-
culated to do much injury to another society of a similar
character held at the same house, as well as to the landlord
himself, a straightforward and strictly honourable man.
I am, sir, y our oblige'd humble servant,
" CHARLES FRANCES BARBER, Sec. pro tern.
" A. A. Knox, Esq."
Peakall, who is about 70 years of age, attended to-day
and received the sums which have been sent for him by
benevolent persons, expressing his gratitude fore) kind-
ness shown him.