The Express. — London, England, 1851-08-23 00:00:00

4 t• 1116 CEIMFICATES. A conellt. Adonce has lately Liken place bctwcen three firm. • of Marley. in this county, and the Hoaoserd o of f inland He renew. an d is now made pubiie for the purp afforiliiti inform diem on a subj.:et eestaietint which it mould appear to be greatly needed. Hitherto, it has been ' generally supposed, that not only occupiers who found their land swarming with rabbits to the injury of themselves or thedr neighbours, were permitted be law to hut that destroy otherthem without taking nut a game certificate, persons acting similarly, under ral thei r terhr d ms t irection (even a thi by rd a verbal message conveyeal in geneough party), were also e semot from the penalties usually attach ing to persons in pursuit ut gaot not having a certificate. This view seems to be a donrrous one, according to the corn•sprinelenee alluded to, fur the commi.aioners London say, that they consider parties ought tt have been convicted whom the district commissioners in Derby decided were not halite. his impossible to deny that a state of the law, so full of doubt and injury, is bad for everybody hut common informers, and not always good even for them; and, accordingly. referring to the ease mentioned below, we are told that it is non in contisnplation by some friends of the farmers who have had DO narrow an escape to promote a petition from this ni ighbouth ent ood to the Ho ur the COMMOUS the neat session of parliam, praying f total abolition of the tan on persons for destroying rabbits in any manner whatever. The correspondence itself is of too great length for entire insertion here, but a portion of it is selected with a sil-IN of convincing the public that some change in the principle and administration of the law on ii 111,14 .I,ritable. In the memorial tu te board of Island Hi.venue, which is dated May 8. 1851, th e staTed I. That T. O. Bateman, Esq., is occupier of • wood Called Cloves WOW, in the said pariah of Morley. "2. That your memorialists are farmers in the said parish. John Hardy living occupier of 2 00 acres, Christo pher Shepherd Otelliiier of 130 acres, and Johnhen Scatters - good o wner and occupier of 274 ants, most of t land being adjoining to the said wood. "3. That by the general leave and direction of the said occupier, giveu through his gamekeeper, John Crossley, and in pursuance of an annual custom, your memorialists pre credo d to the said wnwl, on the fah of March last, fur the purpose of killing rabbits. " 4. That late un the 3rd of April lust, each of your me morialists was served by Mr. Ilebron, surveyor of taxes for the Ueeby district, with notice of surcharge fur a game err- acronipaniecl with a notice that such surcharge would be mailroom), except an appal (subject to the usual ' notice of tea day and to the s,usual penalties in the event of confirmation) were made on the Iroth of the same month. That may one I ear dry War thus given to your MC within which to lodge notice of appeal. ss Si, That the said surveyor, un the 3rd of April, endea voured to prevail on one of your memorialist , ' (John Hardy), to allow a surcharge to he coutinnell against himself, by promising to free the others ; but your memorialists being COloehilli of not king Justly liable to the surcharges, gast' notice of ap:eal, and appealed awunlingly. " 7. that on the day 01 appeal, the said sure, yor did not produce any wino , . in support of his surcharges, but at tempted tio establish them against your memorialists by cvidenie ra•orted from tin nowise, and their witnesses: sue ", ex tortion being a. cording to law, as your memorialists' are informed. h. 'I hat thereon it appeared that only one hare was kilhel by the undersign' it Christopher Shepherd, on the oceasion afloat , to ; and that no other game (except rab bits) was killed by your memorialists, either then or at any ether time within to, lee months previous to the said day of appeal ; awl it npriartd to the satisfaction of the district conitnissianen that this hare was killisl by mere accident, and thereon the surchege was on far dismissed. " 9. That the sail surveyor then proceeded to require a eonfirmation ~f the surcharges on your menionalnut fur having killed rabbits uu the occasion alms raid. " 10. That it further appeared on the said appeal that Hardy bad then killed only three rabbits, Shepherd 'oily three Tablets, and Scattergood only one rabbit; and that the , win dimr by the have sad direetion of the occupier of ' the gmunil Oven through his goniekeiper. " 11. That the district connainioners dismissed the Furs chortle for this cause also. "12. Viler trotinorialista sulomit to your honourable board that the produce of the heel in their occupation has hereto ken been sestiely input dby rabbits issuing from the ad- ' joining worm • rend it li a teen nerally understood of late years, but rimn:llly one the passing of the act I l & 12 Vie., rap. '29 (ensannonly rdled .• Mr. Colvile". Art"), that lit is the objected the law to jirollloo , pea agriculture by re lasing the nstrolonos on Lilting animals injurious to it such as rabbets. Ily the common riestorn of the country 31111 the ordinary constructom ot tle. alone laws, nut only occupiers of land are il..miot from Millie duties for killing rabbits on birth lands, but the est Inptloll further extends to any per sons introluts .1 by them tor that purpose." The farmers c Imle their memorial by saying— s. That they has,- in this fa , ' been put to • considerable Ism of time. money, and person's' inconvenience in order to wive them. Ives from penalties to which they were not justly Whir, and they hog the 'marl to give such din mite's in may teed to Ware there front ',slitter molestation fur such a nne, sad farther to mse them such general reply 01 the justice of the rem may me in to n•quire. The board replied, on the Ilth of June, that, " under the terianntreres, thy wiil out perm the CAW demanded fur the viI:WM of the •••• tilt the 17th .4 July the farmers again addressed the board, rare -sing the ir 111411kii id being relieved from fur ther moltstatom, and disiriog to know. fur the future guldens of thelleiciel , and their isighleurs, what were the special cir, most now which indoor' the twillnlelviOnerS hoe iniefihew in their heir; to whteln they received the foaming reply Inland Itorewsei Beinerset-houw, London, 211th July, Sir,—The conirainiimi•rs of this revenue have hail before 1b.,. your lett, r ol ths• 17th twit., in n-firence to the recent charge is oi. on tau and Christopher Shepherd under the liana Certifiente holy .dots 1 am dirtvtell to inform you that the boon' eon...lir that you were habit to the penal- , tow for killing rabbits Walken( a certificate, unless you Were 0wn ...1y meerel or rmuntandisl to do so by the tenant of the hoofs or who', tlor rablots Were killed. The word woonsawled neceloartly emplx s authority over the persons as to whom, it is Wail, awl therefore noavin general, be supposed to refer to rerr.iliti.; but the word directed, which is the insly tow that coot hose any application in the present Caw, dots not MA in to 'Wet the circumstances, as it is tic k...hag, d th a t lo s such dinvtiam w,kaltivtn to you by Mr. Ilatenuut, the all, grit tenant of the lauds. I ;zits. Sir, your obedient servant, TIIOMAS KEOOII. Mr. John Hardy, Mehl, war Derby. In this Inter the Board decline to pave the information l ,s asked, lie rely non-song their opiniou that two of the farmers ought to have been convicted ; and :Ili to Mr. Scat tenons', who, according to evidence tit the Appeal at Derby, VMS exprewly directed by the occupier of the land to destroy his raloms, no reference whatever is made. If the London eilninietioner• are rittlit,illitialst every grAinekeelicer arinnint who ferrets a rabbit out of a hole, is balm., un the inforniation of • bad neighbour, Or even 00 his own rnmpul..ry critterne, to 20!. Or 10!. penalty ; and he is not merit% liable, but rather likely to lx• amerced in that amount. it he meets With persons such as these Morley lanni is liass• met with. Perhaps it is not wonderful that ouloorditiot.• offeem alloratt be 'Misery zealous; but it does Verlit lalkirsittlif id a gnat public department to give any degree of root two to ouch attempts towards raising reveuue and inflating penalties. I'A.NADA AND NEN BIWtttWICK FIOCND tRY.-111y an art passed ou tin 7th inst., the boundaries between tl e prosiness of Canada and New Ilrunswick are settled. The matter was referred to the arbitration of hr. Lushington and Dr. Twee, who made tin it award on the 17th April last The award is now confirmed and the boundaries settled. 'The funds whirl, hose accrued are to be expended in defraying the espenses, and the surplus in the improve ment rat land and water communication. 'Fur :•••11 , .%)3L114.--With micrence to the letter of Sir J. EnvinemonTennant respecting these steamers running alternately to lialway and Liverpool, we have authority for stating that neither tender, offer, or any kind of proposal, to rust the royal mail steamers alternately between Galway and New York, and Liverpool and New York, has ever been MAC by the Cunard Company. The other part of the statement, that the Cunard Company's vessels are inferior and slow, is not worth contradiction. as all the world knows it is not true. L'NIVENSITY lloserrAt..—The committee have merited notice of a legacy of &XX, free of duty, be imitated by the late Mrs. Mary AIM Bentham, of Cpper Dower-stmet, and directed to be paid within sax months • der her funeral. NATIONAL l..tsu DINSOLAINIJ COMPANY.—An odi. eial manager to wind up the affairs of Mr. Feargus O'Connor's land scheme is to be appointed on the 4th of seat month. _ _ At.t.m; .)IANSIAIIiIITER AT MANCHESTER.— Teatir.lity John 'lampoon was charged, at the Borough court, Marichister, with haviug caused the death of his wit. ft appeared that late on Sunday night they were quarrelling, and that the noise of a person falling down stairs in the building in which they lived was heard by the avighlioura. 'lampoon affirmed that the woman hail fallen down. bat she declared that her husband " had done it." Her death took place on Thursday morning, a medical man who had not been called in to her assistance until Tuesday, deposed to her being covered with wounds on the head, seek. legs, &e. Ile attributed her death to injury done to the brain, but had not made a post-wadem examination of it. The bruises appeared to ham to have been caused by kicks, though same at thmn might have been the result of •GU down stairs. The prisoner, who denied the charge of ill-usage to his wife, was remanded for further investigation. HtlitirN He tTII.—On Tneeday even ins an in quest was held by C. C. Lewis, Esq., at Use w nite Horse lan, Great Itaildow, on the body of John Henry Walker, bred IT, the sox of the Rev. Robert Francis Walker, for merly curate of Finkle'. Mr. Walker, premed upon by sr sad iainniti.a. hue retired from kis eure, sad resides at Beddow vicarage, to whir* the deceased, with his brother and • friend, was hastening as Buada , *maw le avoid a storm. having that day attended awe *Ye meal health, when the exertion of naming milistad the bass% glad ha fell and died. Mr. H. Ham, : I wee Galled be the deceased on Sunday, end halal 'al dead ; thin tem aothieeztersally to accusal for as* ; hem MI azddina• tke I have made to-day 1 lad the ingest death IRS verso of the Mart; there wee vahular The krzy returned a *TAM " =ll lP rit ktast"--Olebrqfirff Morrie& TILE . EXPRESS, SATURDAY EVENING, AUGUST 23, 1851. - ab) Itztelitacuct. i stand over an the representation that he had to give keg , witnesses eoritiered the value of such u quantity of water I credit to his wine customers. to be about 2.11. or 301. a year. The water was taken from 1 By Mr. Lawranee—had lent him ?weepy almost every the can by means of a brick drain, the mouth of whielewrui EQUITY COURTS. ; week. AU had been rep•eid except there two SUMS, which partly open above the water of the cowl, and r 'al he seen 'he held at interest of ten per cent., at his own request, at all time.. This drain was proved to have been t t e . source iIIIFOIRS rice - vs VACK , LO.• TVIVIIII. stating that it would pay him very well. At the meeting of aupply to the defendant'. mills for more than a years, aloweeote V. liIOAV ORISON' , Vearrente UNIVERSAL MEDIVINEBJENCTION. of ereilitois lie offered?/shin is. in the pound ; ten assignment and the servants of the canal eonipany had on two or three some of the creditors. ' occasions drawn oil the water from the canal, in order to On Wednesday last, his Honour delisered his judgment . we" PmPosed but objected to by With ha d asked him for a policy of insurance as • ;allow Mr. Radcliffe to repair and lengthen the drain. in private upon this case, which was signed towards the security for his debt, but bankrupt refused to give it. I Mr. Watson, in addressing the jury for the defendant, I close of the eltti , after Trinity term l as t . The facts pr zsThis was either before or shortly after the that meeting of said that the defendant having used the drain for more than I a the case • to be the following :—The late James creditors. The arrangement proposed at the meeting was ,20 years in the way and for the purposes stated, the act of Morison WU inventor of the pill called . Morisou'sVege- right which the company were table Universal Medicine." By deed dated 23rd of June, dissented from by Messrs. Conway and Messrs . Travers, the • parliament had given him a 1830, he took the late Thorne. Moat into pa rtnership a ~... for largest creditors, on account of the bankrupt having sold at I not now entitled to dispute. Mr. Justice Williams said that the question, according le twenty years and nine months. By that deed and by mutual ' bonds a even date, Thomas Moat, to whom the secret of Mr. Lawrence said the bankrupt appeared here, an aged , the plea+, was surely one of law. It seemed to he admitted ttian, at the close of a long career, which had been marked , that for the purposes of generating steam, cleaning dos 'compounding the medicines was communicated for partner . by unvarying integrity. Ile had brought up a large family, , boilers, and heating the mill, the user had been enjoyed as ship purposes sow prohibited from divulging the secret one of whom was a member of the bar, another was in the it regarded the original premises. The point was, as it sp. to anyone whomsoever, whilst an option of comma , nicating the secret was given to James Morison, ' church , and all of the greatest respectability. It was worthy peered to him, whether the enlargement of the mill and tU Conway v t an n d o is in i. div rs idu T al riv c e red .; itor . opposed except erection of another cistern had vitiated the defendant's Ibat without binding him so to do, to any one . who ' i a„fecocc. remark , for Mr. Moore did right. I might be introduced into the partnership, either ''' ~a aa I, not appear Ia the character of an opposinsr creditor, as be A consultation between counsel on both sides here took by himself or by his partner Moat. In I hail given no notice of opposition. Nor did his evidence place, when it was agreed that evidence of the alleged 20 , der Morison, a son of James, and one of the p l9 l2 4 int A iff i s . , ---- Wel prove an misrepresentation in February last; if any them years' use should be given, and the points refereed to by his. I introduced by his father into the partnership ; and in 18.35, , _., y John Moat, another son the co-plaintiff of Alexander, was ! made"" been , it must have been in October , 1849; and had be lordship might be reserved for the court above. Accordingly such misrepresentation, Mr. Moore would have Mr. J. Feel of alanchester, Mr. Radcliffe, uncle to the de- likewise introduced. On the 11th of August, 183.5, Thomas , any refused the last advance. The bankrupt was to pay tea fendant, and formerly owner of the mills in question, John' Moat died. Being authorised by the partnership articles to by I r cent. ; Mr. Moore, probably, regarding this as a Buckley, engine-driver to the latter gentleman since the I 'appoint a successor if approved a by James Morison, he, per cent.; Mr. Moore, probably, regarding this as a Booklet, eneine-ilriver to the latter gentleman since the deed dated the 9th of August 183 d three days be ore his guarantee against risk. But what was to be said year 18'22, and subsequently for the defendant, and other deed dated the sth of August, 1836, three days before hie to !of a creditor who, after the bankruptcy, having signed the witneeses, were examined, when, death, appointed his son, 'W. Croft Moat , the defendant, ecment at the meeting, went to the bankrupt and endeas Ilia lordship suggested that it would be as well for the at- I be Ida aseeessor. On the 25th of February, 1837, a partner- I toured to extract from him a policy of insurance se security. tention of the jury to be confined to the two disputed ques ta* rad was executed by and between the late James i 1 out the real question was, whether the conduct of the tions of fact—first, whether the user en a right for twenty Illatissa, the plaintiffs, and the defendant, which contained ! bankrupt had been fraudulent. The entire lon, writing years had been made out; and secondly, whether the build- I •elanse declaring the defendant a sleeping partner in the off the profits, had been 4171.; he had been in business ing referred to in the declaration, and a portion of which and another clause prohibiting the partners from forty or fifty years, had dealt so ae to excite the respect of had been built within 20 years, was in reality one mill ur iTalg' the secret. On the 2nd of May, 1840, James all having business with him ; he had dealt to an immense two. Illierison died, having bequeathed his right to the secret of amount with Messrs. Travers, and with Messrs. Traver's To these points, therefore, the Attorney-General confine d enmpounding the medicines to the plaintiffs. On the Ist of ancestors; and now, at the close of this long career, result- himself in his reply, contending that although the lileer Jame, 1843, certain deeds were executed which were onl yr Mg in the paltry loss above-named, the court was called on might have been enjoyed, it was unknown to the company, a importance in this matter, as containing to treat this old man with harshness, as though he had been except as to the application of the water for condensing, algal* to the effect that the property in the purposes, and that therefore it was not what the law re.. robbing and plundering his creditors. agent of compounding the medicines was in James Mori ,,,,l'eli:i..Matthews—lie began, in 1849, with a deficiency of quired, • user as a matter of right. In regard to the new and sea and his appointeee, and that by his will he had he- the old portions of the building, he maintained that they queathed it to the plaintiff", the defendant being a party to '"' Mr. Canaan, the official assignee, said the actual loss on farm, d hut one mill, occupied by the same owner, and the deed, aad recognising the statements in it. In March, the sugars had been 1,3431.; from this was to be deducted used for the game common purposes. 1846, a correspondence took place between the solicitors of 6491., the profit on the wine transactions, and 2751. for Mr. Justice Williams, in summing up, observed that Die the parties, in which a claim was set up by the defendant intricate pleadings between the partiee would be disposed of on the one hand to a right to witness the manufacture of brokerage. Mr. Lawrence said that left a net loss of 4191., which b y . the court directing the jury that if they wive of the pills, arid reeisted by the plaintiffs on the other. On was the sum of his client's offending. As to his having opinion that the use of the water for twenty years, openly the 2.sth ' of March, 1811, the partnership expired, where acted in contravention of the Sworn Broken' Act, there and without concealment, had been made out, that would ° P m the parties met, and divided the stock o f p ills end the was no evidence that any creditor had been damnified. constitute in law an enjoyment as a matt e r of ri g ht. I government stamps for the labels to the medicines. Some Had lie charged brokerage to Messrs. Travers and the The jury, after deldeerating for some time is their box , time afterwards the defendant claimed to be allowed to others with whom he dealt, they would have heel just rep- retired to consider their verdict, taking with them the print labels from the government blocks. Shortly son of complaint ; but the fact was they never supposed company's act of parliament. After about half-an-hour's afterwards the defendant filed a bill in Chancery, him to be a broker, hut always dealt with him as a prin. absence they returned into court, finding that the building the aubstanee of which was a claim to be allowed to use eipal. It was alleged that Mown. Conway's debt had been was one mill, and that the use of the water had been en the government blocks, a motion for which purpose Ma increased 243/. in the three months before the failure ; but joyed us a matter of right for upwards of 20 years. refused, upon the ground that the defendant ha il not e arlier were included, it would be seen that in The verdict was therefore entered for the p laintiff, with a ;e shown that he had acquired title to use the secret. The i f . a month January he had paid Messrs. Conway 1,3971., while he had shilling damages upon each breach ; his lordship certifying onintiff, now filed their ldll, alleging that the la te Thomas bought only to the extent of 9261 . , thus reducin g his debt that it was a fit case for a spacial jury, and giving leave to Moat, in, breach of his contract, had communicated the en b 471/. It was admitted by the assignees that Mr. Ilolt- the defendant to move the court above upon any points he cret to the defeeulants ; that the late James Morison and a„ y had lived very frugally. 'lbis Wall the first time auch may hereafter be advised. the plaiatiff admitted the defendant into the oa n a• , s e rtn ,e cr : h .,„" - house athing had been made a charge against a bankrupt. It nowt. r. Jones. in i g norance of the fact that he tem possess -"- was said he had lived in a petrel over his counting-house, In this case, winch was a special jury cause, and the eret; that they never had allowed the defendant at any living on a crust, and spending a mere nothing. Had he trial of which had been fixed fur to-morrow, the parties period of the partnership to he present at the mixing of . nt 4,0001. or 5,0001. a year, kelt his carriage, and lived agreed to a verdict being taken for the plaintiff, with 1,0 0 0/. the medicines, still that, though his right to inspect the !P' - ..... . . Garden , books might give him some knowledge of the ingre- n Itade park n h ave been censured. It damages, subject to terms. Siege, yet they lied defended themselves from the in clear he had been struggling on with a view to redeem Dims AND ANOTHZI V. NENNELT. We by the defendant of even this information by the clause himself. Ile had had agood seine trade atthe West-end, and This was an action brought by Messrs. Dixon and Over lm re partnership articles retraining him from divulging this j ustified the belief that hia trading was bona fide. It was bury, solicitors, of Frederick's-place, Old Jewry, London, truc i that in sugar, an article in which there had been con- and Mr. 'reale, solicitor, of Leeds, against Mr. Nunnely, Om meet; that the defendant nevertheless was selling siderable fluctuation, he had sustained an average loss of 3 surgeon, of the latter town, for the sum of 2,000/., the mardra an mu Morison's Universal Medicine.," in the cam cent ; but this was not the case on all his transactions ; amount of costs. incurred in the promotion of a certain de rat which he availed himself of the knowledge of per oasome.there was a large bas; on others a profit. There tuna railway scheme, entitled . The Newcastle and Leeds C li ttr hig et which he had improperly obtained from the late was nothing but the sugar transactions which could lie Direct Itailway,"of which the defendant was the inventor and Trim Moat, and the bill prayed for an injunction re ged against the bankrupt's conduct. All his transactians most active promoter, and the plaintiffs were joint solicitors. straining the defendant from selling such medicines. On urged faithfully recorded in his books ; and, in the words of The transactions tusk place in 1845, and this action was the motion fur the injunction preyed by the hill, the affida- Mr Moore, the witness, he hail conducted his business with brought, according to the statement of Mr. Watson, Q.C., vita oa behalf of the plaintiffs fully imported the caw made the . hig• heft ; integrity. His whole career might be appealed for the plaintiff, in order to prevent the operation of the be tie bill. The defendant, in his affidavits, admitted that ially his small expenditure , as evidence of his de. statute of limitations. They sought to recover from the I Ids father did divulge the secret of compounding the to, e t - sire' to ea -on his business success:fully. It was said there defendant, who haul his remedy against these who were I medicines in his lifetime, and contended that though this was nut a grain of sugar on the bankrupt's premises. The jointly liable with himself. lie had tried to bring the sow a breach of his contract with the plaintiffs answer to this wale he had no premises but his counting- attain of the intended company under the operation of the on the part of the late Thomas Moat, yet that lie, the haute; and nothing ' was more common than fur merchants Winding-up Act. but the many thentsands of pound* defendant, inasmuch as he was not his father's executor, to buy and sell without ever having the article on their claimed, and the assets being very trifling, that attempt was not hound to a nd the terms of the contract be teens the plaintiffs and his lather. Ile contended also that tr_emi_ ._ , , o fir r even in their names. Of his debts, 1,000/. had tailed. I to relatives ; and there had been no From the evidence of Mr. Bullmer, who had acted I the went in a medicine, not protected by patent, ought not 7: .7 t o Ito be favoured by the court ; and he alleged, moreover, that '""' prefer those creditors, or to act in jointly with Mr.Teale, the Leeds solicitor, it appeared that he had had consolations with the plaintiffs previously t o I : ray with fraud towards the body of the the work done by Messrs. Diana and Overbury in London, the partnership articles of 11.37, in which he communt- c a ra n Yditurs. It was true that there was a deficiency of 4,0001. was not interfered with by the solicitors in Leeds, and rev cabal to them his pumeesion of the secret, but lie gave no on the Ist January, 1849, hut there was no evidence that Terse. It was therefore sought to be established that the particulars. of such converaations, which, on the other hand, the bankrupt then knew of it, or that it had existed for present plaintiffs had not been retained by the defeadant to any ' length of time. Though his whole transuctione in the act the him in getting up the projected company. were utterly denied by the plaintiffs. Mr. Bethel' and Mr. Shapter appeared as counsel for the no w comprised by the accounts, had born 37,000/., he After the examination had proceeded to a considerable Plaintiffs; stud the Solicitor Oeuvre' and Mr. Metcalfe for now only owes! 7,000/., and not more than .5,0001. in respect length, Mr. Atherton, on behalf of the defendant, agreed of sugar ; he must therefore have paid for the remainder ; to submit the points in dispute to the settlement of the the defendant. The Vice-Chancellor delivered an elaborate and very yo-and he had now only to account for a net loss of 419/. Master. luminous judgment, the aulatantial effect of which was Should the court take a large and liberal view of this ease, A verdict sole therefore taken for the plaintiff for the that the defendant had no right to the use of the secret, in- he confidentlyhoped 'fi t • id be amount laid in the declaration, auleeet to the Master's that an immediate certi ca es ou 'ed. decision. asmugh as it had been communicated to him by his father, er is Honour said the case was one of such g nat impa r t- the late l'homas Moat, in breach of his contract with the " In the bleaching ewe, "Mullins r. Cross," tried yestcr- plaintiffs, and that the plaintiffs were entitled to an order a • that he must take time tee consider his jellgm •t. le day the verdict, which was not returned until after our • ' for an injunction restraining the defendant fnim belling would continue the bankrupt's protection until judgment. 'parcel left, was for the plaintiff, damages 200/. medicines in the manner complained of. An order was ac- the 4th September. In the case " 'looker re the Birkennead, Lancashire, and eurdingly made fur an injunction to restrain the defendant, IN RE Beat . Cheshire Junction Railway," a ft er the ease for the plaiatitf The bankrupt is described as a bookseller and publisher, closed, Mr. Serjeant Wilkins addressed the jury for the bra agents, servants, and workmen, from Selling. or causing, of Shoe-lane, k leet.street. e'ompany, contending that there was 110 negligence proved; Or procuriug to be sold, wider the title or deaiimation of m •ism..'s Vaivereal Medicine," any medicine made or To clay was appointed for the choice of assignees. he iskud if 1000/., which the Company had offered, was not maufactured by him, the said defendant, or by, or under i Y a there is owing to creditors unseen(' about a sufficient and liberal compensation. Ws enter or direction ; and also to restrain the defendant, 555l., ap a Pe nd rs to creditors holding security , 21.51 . The Mr. J It' W . ll . sin s ni" ut up, said there could amount .r. us ice I aim , .um ii les went., servant*, or workmen from making or emir of assets are not yet ascertained. lie no doubt there was great negligence un the part of the Mr. Butler was appointed accountant by the court. Company ; the amount of damages was entirely for the pounding any medicine. acearuline to the ! s ecret in t he plate tis bill of complaint mentioned , and from in any manner ---s. using the e ff' nact utf compounding( the said medicines or any i r Al'ithout retiring from the box, the jury foun d for the part thereof. The coats of the motion to be costs in the plaintiff, damages 15 001 . Cause. CENTRAL CRIMINAL COURT. COURT OF BANKRUPTCY,—TESTERDAT. cows Coral. throes Ma. C0M1.1.1, 4 1,4 COM Mr. Baron Platt took his seat at nine o'clock, andthe OLD COUItI.—ibsTERDAY. IN HE lIOLTHOU TSE.— RADISH WHEN INSOLVENT. usual preliminaries having been dispose d of the followin g rose Ms. JralICK M11.1111.•11. OCTIS•n• VFW.. A M e tre. This wat the certificate minting in the case of Carsten cases were taken up: Ilnlthume deseribed as a augar-bruker, sugar-dealer, and Nisi Paws. Robert Thomas 3loore, 40, was charged with feloniously wine-inerchant, of Great Tower-street. The balanee-sheet, Root DALL CAN O. CI Oa r•si Xr. nap. LIFTE.—TAKINU cutting and wounding his wife, Mary Anne Moore, with prepared by Mr. Thomas, a Unmhain-street, extended over WATER FROM A CAS '.t .. intent to murder her. about two years and a quarter prior to the 26th of April This was a spacial jury case, arising out of an alleged in- It appeared from the opening of Mr. Ribton, and the last, and Contain... 4 rollte considerable items. To credits," fringement of the Canal Company's Act of Parliament, evidence adduced in support of it, that the prisoner 7,1101. ; to those holding seeurity, 1e ., 061. • liabilities, 34 Geo. 111.. sec. 113, which ',emitted millowocrs on the was a caulker, employed in her Majesty's dockyard a 3 6 ,11. ; profits, tsasal. By good debtors 34.51 . .; property, banks of the canal to take so uch water from the canal as at Deptford, and lie resided with his wife at 102 i. • ditto held by creditors, 280/. ; trade espensm, &W.; they required to condense the m steam employed iu their re- No. 2, Lucas-street, Deptford New Town.. It seemed lettercst and discount, 4201. ; peraunal expenses, 613/.; speetive mills, but fur no other purpose a hatever ; provided that on the morning of the 18th of June, without losses, 1,343/.1 deficiency at the commencement of the ac- that metal pipes only should be used, and that as much any provocation whatever, the prisoner seized a poker, and count, 4,06a1. water should be returned daily to the canal as had been made a most savage attack with it upon his unfortunate This case was very fully investigated at the meeting for taken from it, due allowance being made for inevitable wife, and inflicted a severe wound on her temple, fractured the last examination, whin it appeared that the bankrupt waste in condensing. lice skull, nearly cut off one of her ears, and otherwise lo bed gone on for a lung time trading at an average loss of The defendant in this ease is Mr. Joshua Radcliffe, senior jured her, so that her life was for a long time despaired of. 13 per cent., buying goods on credit soil selling them for partner in a large firm having several cotton mills at ) Muss y after acting in the way described , the prisoner cash. dale on the banks of the canal, at one of which, the Moe.: ran out of the house, and proceeded to the police station, Mr. Lawrence appeared in support of the bankrupt. Hall Mill, the canal water had been taken for the purpose where he gave himself up, and said that he had murdered Mr. Bauley appeared for Messrs. Travers, and raid he of supplying the boilers and generating steam, for heating his wife, and he at the stone time said that she had been merely wishral to call his Honour's attention to the facts of the mill, and, in short, fur all the purposes of the maim. conspiring against him with his enenties to ininre him. The the ewe as disclosed at the last examination. His clients factory. wife of the prisoner stated in cross-examination that up to the lament time he had treated her with the utmost kind had not given notice of opposition. Foe the plaintiffs, Mr. Attorney-General Knowles (with Mr. ltlatthews, on the part of the assignees, was willing whom was Messrs . Tomlinson and Cowling), stated the ease ness, and she said that shortly before the transaction the to leave the ease as it stood, if Mr. La. - ranee. for the bank. to the jury. By the act 31 George 111., the company were prisoner had conducted himself in such a manner as to in rapt, wealth con.ent to the same course. There were, how. empowered to make a canal from the Calder Navigation duce her to believe that he was not in hie right senses. irrer, one or two facts to which he wished to call the atom- at Sowerby-hridge in Yorkshire, to join the Duke of Bride. Mr. Charourat addressed the jury for the prisoner, and don of the court. water's canal its the parish of Mauchester. Previous to the said lie should call witnesses to show that he was really Ot itis Honour thought this the most desirable course, and formation of this canal, the manufacturers were in the habit sane at the time he attacked his wife in the way described. then to hear the answer of Mr. Lawrance. of taking their water from the various streams in their The testimony of some respectable witnesses who were Mr. Lawrence stir he hail nut yet said a word on behalf neighbourhood ; but as thc company required reservoirs then examined was so conclusive upon the point, that the of Mr. Illolthouse. to supply the canal, they diverted these streams and made jury interposed, and said that they were perfectly satisfied, Mr. Matthews , after stating the nature of the business what was called each - water drains, covering 300 or 400 and they, accordingly, returned a verdict of Not Guilty on which the bankrupt had carried on, said that he had kept no acres, and at a cost of 130,0001. The expense to the cum- the ground of insanity. broker's book, as requareil to do by the Sworn Brokers pally of keeping up those drains or reservoirs was very Too ATTEMPTED MUR.DER IN THE CITY. Act, nor had he kept a aspirate account of his transactions considerable ; but as at that time they looked forward to Henry l'aye, 30, described AA an interpreter, was indicted me a sugar-dealer. In every transaction he hail charged the carrying of all the merchandise and coals used in for felotiiouvly discharging a loaded pistol at Julio Imams brokerage to the purchaser ; he could only by law, the mills upon the banks of their canal, they were Ilache, with intent to murder him. charge one side ; and he had not charged the seller, desirous to afford as much accommodation to the In other counts of the indictment, the prisoner was charged because not profmaing to him to act as a broker. The rem naillowners as possible, and fir some time had with intending to maim and disable the prosecutor, or to do son of this was obvious; be had charged brokerage to the not minutely inspected the mills to see that the him grievous bodily harm. purchaser to help to cover the loss at which he sold. The water was not used for any other purpose than the con- Mr. G. Francis, who appeared for the prosecution, having Sworn Brokers' Act al., prohibited any sworn broker from densation of steam. When, however, the railways took bristly explained the nature of the case to the jury, the fol acting as a dealer. On the whole of the transactions in the away the traffic of the canal, the proprietors were obliged lowing evidence was adduced : period comprised by his balance-sheet, there was an average to pay more attentien to the mode an which the water was Mr. John F. Ruche deposed that on the 4th August he net loss of three per cent. after deducting commission and taken away, mid in those cases where it was used fur WaS atiying eta cuffee-howse onFish-strect-hill, the proprie brokerage ; and on many isolated transactions the lose was other purposes than that provided for by the act, they re- tor of whisk house had a daughter, named Madame Thou considerably greater. Ilia transactions with Messrs. Con- gaited a small nominal rent for each horse-power of water t o n, who also resided there. About a week before this way amounted to 4,3981.; out of these goods to the amount used, in order to keep up the expenses of the navigation. transaction, on a Sunday, he had a conversation with the of 3,480/. had been sold at a loss, and the rest, 917/., had There had been a plea put upon the record, in reply to the bowe r him that lady, and the priauner wanted to been sold at the price he gave for them. lie had dealt first count of the declaration, that the defendants had a show him a letter she had written to him, and wished to with Moors. Travers and Co. to the extent of 4,2141/.; of twenty years' " user" fur other purposes than condensation, make him acquainted with what was passing between them. these goofs 2,920/., or about two-thirds, had been sold at a to which a demurrer had been rejoined, and this having Ile also showed him a portrait of the ad and complained WIC From Meters. Whistler he had obtained goods of the been ruled in favour of the plaintiffs, the jury would of witness paying attention to her. l a y, lp on tap eight value of 8,3•241., of which 6,132/. or about three-fourths, as to that count have only to assess the damages. at the same table as Mad. Thourin, and the prisoner came in 'had been mold at a lose, having been sold at from 3s. 2d. to In regard to the other plea., the learned counsel while they were at supper, but went out directly he saw Is. 3d. a cwt. On the 26th of January he owed Moon. said—Should the jury be of opinion that the plain- them. lie saw nothing more of the prisoner until the 9th Whistler Isifai/., and had increased their debt since by 2431. tiffs wen entitled to their verdict, he should not August, when he met him near the Custom-house, and they , His Honour did not think that fact of much importance. be in a position to ask fur more than nominal da. shook hands together, and each asked the other how he was, I Mr. Matthews said it would weigh with the rest The magcs. Compared with what was paid by other mill- and whether there was any news. They walked about' standing of the bankrupt amongst the trade placed him en owners, fur engine.. of the same power as those used by the twenty yards together, when witness heard the report of a an equality with most of his creditors, and gave him a full defendant, he ought to pay from 301. to 401 . a year fur the pistol, mpon touting round he soh e a the re the pri knowledge of the state of the markets. His looses bad water he took away from the canal. This, however, be mutes hands, and lie waned it at him, and then threw it at amounted to 1,4001. in the period comprised in the ac. would leave entirely to the jury; the company w e re at him. A policeman came up, and the prisoner was given in counts, and there was an entry of 92:11. as profits; but great con in keeping up the canal, and in justice to those charge. (The coat the witiluis had on was produced, and these had arisen from his brokerage and from profits on the who had expended their capital to promote a great public' it appeares: to have been perforated in two places at the wine trade. Had he confined himself to the latter, he benefit, those who derived that benefit were bound to eon- y bottom of the skirt.) He was carrying the coat on his arm might have stood his ground. The aggregate of his ex- tribute to the cost of maintenance. at the time. praises and losses had largely exceeded his profits. His Mr. Henry Heaton, who had m ade an examination of the ; Crousexamined—He spent a greater part of the Sunday expenditure had not been large, or he must much sooner defendant's premises, as empowered to do by the Canal ;he had spoken of with the prisoner, and he told him that have been brought to a stand-still; but his object had been Company's Act , deposed to th e use of the water far all the he was partly engaged to another lady. The prisoner to establish a character with his creditors ma steady, cares purposes of the mill, as stated in the opening address to I wanted him to go away. He should think the prisoner was ful, inexpensive man. The good debts, returned at 3555, the jury. Witness was corroborated by Mr. J. sieholefield. , not more than two yards behind him when he fired the were wholly in the wine trade. There was not a particle Mr. - Watson, Q.C., (with him Mr. Crompton and Mr. pistol. He believed the prisoner was a foreigner, an of sugar on his premises, or under his contsol ; and the Sphinx) for the defendant , contended that the water taken American. result of his trading had been a dividend of two shil- from the canal was daily returned, with the exception of an William Penning , a City p oliceman, deposed that he litinln the pound, Mat one-tenth of his debts,. inappreciable waste. The point had been raised in the , was un duty in Lower Thames-street on the day in quer Commissioner—ln fact, the sugar trade has not Exibequer Chamber, and the decision having turned upon ' tion, and heard the report of a pistol, and, on looking yielded one daytime of assets. the quantity used being considerable, it was his duty to round, he saw the prisoner with a pistol in his hand, and Mr. Matthews said that was so. His course of dealing I show that no substantial waste of water accrued, in order smoke was coming from it. The prisoner threw the pistol had been this : when a prompt became due, which was •to adore the question anew in the court shove. , into the road. He searched the prisoner and found two every two months, he either bought a quantity of goods I Mr. Cowling said the grounds of the decision in the Es- bullets, and some percussion caps and gunpowder, on his land sold them for cash, so as to raise the money, or he bar- chequer Chamber were the very reverse of those stated by person. He also found a letter in his possession, which he rowed the money from some of his cash creditors. This be Mr. Watson. produced. bad done, in one case, from Mr. Moore, who was still a cm- Mr. Watson—Here are two of the learned gentlemen I John Itunnidge proved that, on the 7th August, he ac dime for the amount advanced. This was nothing less who argued the question ; we'll examine them as to the cumpanied the prisoner to a gunmaker's, where he pa ,' chimed a pistol, and some builets and percussion caps. The than obtaining money as fake pretences. point. Mr. George Moore, essaketioner, of Holborn-hi ll , deposed The Judge Yea will find them the very worst authori- ' prisoner told him that he wanted the pistol for the purpose that be bad had dealings with the bankrupt, and had lent ties. The learned eouusel who argues question are usually ,of shooting eta mark. bin massy. On the 21st February last, bankrupt asked him , the very last to be relied upon in matters of fact involved I Mr. Francis then proposed to read the letter that was ffse the loan of 100'. for a mouth, and got it. In October' in their case. (Laughter) I found upon the prisoner. OA Me had borrowed 100 Omer, which was still owing. I The examination of witnesses was then proceeded with, I Mr. Justice B'ightman said he could not do an unless ha , Ho *we lehl that his Warm was very prosperous, and he chiefly with a view of showing that besides the mills in ex- , showed that it was in the handwriting of the prisoner. loped be sbeebl Nee be able se retire, if he cou ld get a' istence 20 years ago, the defendant had also taken the canal I Mr. Francis said he was not in a position to prove that =sus le pis* pertnanhip with him. He had bet water water for his new mills adjoining Richard-street and Old- tact. ether cams raid repaid t h em. The 100 eraser, is ham-street. It was estimated that about two million gal- : Mr. Justice Wight:nazi sa i d , in that case , the letter coots, WI, he whisk ha pee a mote elf baud, was allowed to lewd waters year were used foe era mill, and one of the set he reed. ASSIZE INTELLIGENCE. NORTHERN CIRCUIT. 7 -lAvEßpixn., Arc. 22. A statement made by the prisoner lie fore the magistrate 'them in the c h e racter of puleie prosecutor. Ile had, how was then put in. It was t o the effect that the prow rotor I ever, been informed that a as uttemati 01 the bar had been had tries to Mime him in a variety of ways, amid that lie had I ailed mein the part of the family of the theca...a, und I by hie conduct blasted his pre.piets for ever. if vocal ! Mould prove to le: the fact, he woula come!. r it to IMr. Iluddleetinte , on behalf of the prisoner expreessed hie I be his duty to retire, as ;t wa. immesitile that he ceuhl He.. regret at *ming a reline Malt in A relAelA;lie lAoition of • eept, upon such an occu.ion, it divided reeponsibility. or ta ble and of good education in such a eituation as lie now I tempt to pi norm a alit ideal duty. war, but he submitted that the extent of his guilt was the I Mr. Chaney here stated that the friends of the do reused co mmission of an act of folly and stupidity, without any were unable to fee a gentleman of the liar, anal th a t th ey real intention to commit mischief. In the first place, he were therefore conetrained to let the case proceed w itliout should urge that there was no evidence to show that there the Resistance of a professional advocate. ever was a bullet in the pistol—no bullet had been Mund, The City Solicitor then sleeted the nature of the material and the nature of the huh sin the coat appeared to hint to evidence which he intended to produce. establish the fact that they were made lay the wadding of the Mr. Lewis objected to the courw. of proceeding which pistol and not by . a bullet. It was quite clear that if the pri- was about to be udopteil as wholly unprecedented, and val iancy dial realy intend to do any serious injury to the prose- culated to prejudice his case without affording the legal op eutor he had, ample opportunity to carry out that intention. portunity of vindication or rearess. fle.hael not done so, however, and all that he had done The City SolicAor admitted that the course was unusual, was to make these two holes in the prosecutor's coat, and hut said that it inevitably arose out of the singular eirewn. he submitted that all the prisoner intended to do was to stance' which hail previou.ly frighten him and prevent him from continuing his attentions to conduct the inquiry, and without s having ( brought any to the lady who had been referred to, and that at the utmost charge againstat any individual, lie hail caused to lies be ought only be convicted of an nesaulte mooed he ould find who appeared to be quaified to The learned judge in summing up said it was quite clear give assistance by their evidence, to elicit whatever hate I that the prisoner entertained a feeling inimical to the pro- evidence might tend to establish. seceder, and that he bad discharged a pistol at him on the Alderman Wilson said that whatever evidence might lave day in question. It had been urged on behalf of tho pri- been given upon the first day, it ppeared that thereawas miter that he did not intend to do the proeccutor any serious evidence at premed upon nliich toe harge the prisoner. mischief, but upon that point the jury must exercise their The witnesses were then regularly called. own judgment upon the facts that bad been laid before Mr. Ro of bert T opping.—l ant a suren, ana reside near them. Bath, and I was in July last assistant t g o o Mr. Kan., surgeon, The jury, after deliberating a short time, found the p . ri. in Flect-street, London. On Sunday moraine, the fell s oner Guilty upon the second count, charging him with in- July, I was called up to go to Plumptreewourt, N 0.28, and tending to ao gnerous bodily harm. tI. D• KM II a b ,elf of the deemed d in led, with the clothes The learned judge, in passing sentence, said that the I partly on. The coat was oil'. Ile was quite dead. It was evidence left no reasonable doubt that the prisoner, from 20 minutes after five o'clock. The death appeared to be some feeling of jerlousy, or some other cause of enmity, quite recent. The extremities were rigid, anal a little well or ill founded, had discharged a loaded pistol at the frothy mucus was issuing from the mouth and nostrils. prosecutor, and the jury had come to the conclusion which There was a continuous bruise on the upper part of the common sense could alone lead to, that he had committed shoulder, extending bet • 1 the right ear ' as far as this act with an intention to do g rievous bodily harm to the temporal mus cles. 1 afterwards made a post the pteriecutor. It habeen acquainted that he was a foreigner, marten' examination, according pas the direetiou of the and was probably not with our laws ; but he coroner, on the pith of July, sisted by Mr. Thesby did not think that in any country, and certainly not in and Mr. Digliy, and examined externally the this, it could be tolerated that because a person entertained whole of the lady. I found a aught diseulouration on the a feeling of animosity towards another, he could be per- upper part of the arm and also OD the right wrist. I then milted to walk rap to him in the street and shoot hint. exuntincel the head. The scalp was uncommonly vascular, In this country such a proceeding could not be endured, and, on removing the skull cap, 1 found the darn mater was end the sentence upon the prisoner therefore was, that of rather adhesive to the inner surface of the skull. The transportation for seven years. inner surface of the thaw muter was coneested with blood. Tun Boys in AND GVITERIDOZ. The right sinus was found ruptured on the en= side and corresponded with the contueion externally. On the right Mr. Justice Wightman, in reference to the case of the side of the neck, under the ear, I found external marks of 'They could have been produced by a MIL 'They two boys, Upton and Gutteridge, said that upon looking at were in ouch a part re. the ehoulder and head could not he statement they had made before the magistrate w h ich violenee• have protected in a fall. The lelt side of the head had a appeared in the depositions, he was doubtful whether they natural. appearance. The brain, in other respects, apo them, aware of the precise nature of the charge made against periettly healthy. The skull was not frac them, which was that of maliciously placing a stone upon tured. The rupture 01 the lateral sinus might have the railway with intent to destroy the engines and carriages Ps'"a a l d death. It was quite poesible that the rupture' travelling upon it. Ile observed that he considered the offence one of a very serene; kind indeed, and that it was Praduee might be caused in a per s on predisposed to apoplexy. essential to know if the prisoners were aware of what offence they hail pleaded guilty to. ternal marks, I certainly believe the rupture to have been Having regard to the condition of the vessels, and the ex. Mr. Bullantine said, that, on behalf of the c om p an y , he otigeioned by violence. was anxious that a full inquiry should take place. Mr. Spicer said he believed that the prisoners only in- Cross-examined by Mr. Lewis . — Either a blow, or a fall, tended to plead guilty to the charge of placing a stone upon or excitement might have produced a rupture. the railway. Mr. Lewie.--1 here being no fracture of the skull, no laceration of the dune meter, is it not the more reueonable Mr. Justice Wightman thought as this was the case that Witness.—Not without some extern al force bein g a pp lied the nature of the charge oughtbe explained to the pri- cause that the rupture waa produc ed b y excitement to Donors. This was subsequently done, and the prisoners then re- to it. It might arise from excitement. If a man were in a drunken state, less excitement would be requisite. If great traced the plea of guilty, and pleaded not guilty to the I charge, and they were placed upon their trial. , The indictment charged the prisoners with wilfully and violence were used with a staff the discoloration would have been much greater. Any lune, that of falling 10 feet maliciously placing a stone aeon the North Woolwich Rail. from a lamp post, might have pro.meed them. Ine lame way with intent to damage and injure the engines and car- appearances would base been produced by the mere grasp claims travelling upon it. of a !Mid upon the part tightly. I have wen a eon-table's stair I believe the mark oai the writ could not base been In other counts of the f th Sollers was charged to e be, in to dictment intent ohstruct the carri o ages e that ',reduced by blows with it constable's titatf. 'the shape of the external bruise on the scalp was not such as would be ' were travelling upon the railway. 1 Mr. Ballantine, in opening the caw, said that the charge produced by a round inetrunient. It was more like a bruise was preferred under a statute which had but recently re- produced by a full from a lamp post. As far as I could veered the sanction of the legislature, and although it was Judge that bruise was not produced by any instrument. a painful thing to he compelled to prosecute two lads like the prisoners, yet the safety of the public imperatively re- With regard to the marks on the right eide of the nick it was possible that if a inan grasped the deceased there the (mired that all persons should li d taught that act. of this marks might have been produced. The size of the bruise , description, which might be attended with such were dread- was about the size of my build. MI comequences, would be repressed by the law, and would Be-examined by the City Solicitor. The skull was meet with severe punishment. Witnesses were then examined who made out the ease as unusually thick. And theretere time hand which might have inflicted the external mark might have ruptured the sinus it had been stated by Mr. Ballantine in the earlier part of without fracturing the skull. If the knuckles of a man the day. It appeared that the prisoners ran away after the hod had the leverage from the iteckerchiet of the deceased occurrence, anal when they were taken into custody each the preesure might have beim so great as to eau-c the attempted to throw the blame upon the other. Mr. Spicer, on behalf of the prisoners, said he could not external mark deeeribed, and to rupture the sinus too. The City Solicitor—Du you MeAll to say that any single deny that they lad placed the stone on the point in the way blow ur any single fall could leave produced such an exten described, but suhniitted that it was nothing but an act of hive contusion and such diwoluratione as you have di:- boyish mischief, and that they were not actuated by the aorihed ? W them by the present indict- Witness —Certainly not. To have produc ed those contu felonious intention imputed sons and di. durations there must have been several blows, or several bills, or several gripe by the band. In answer to a question from Alderman Wilson, 't he witness said " All I have described might have been produced by a fall front a lannepoat." Alderman Wilson (at the suggest sin of the frien , ls of the deceabed)—Were the abdominal parts examined? ' Witness—No. There were no bruises or other indica tions which led nee to suppose that such examination was at all necessary. 1 examined the legs and oliservea no bruises upon them or elsewhere besides %hat I have de- meat. Mr. Justice Wightman, in summing up the cue, said that the prisoners were indicted under a statute which had only received the royal anent four days before the alleged offence was committed, and which was intended to repress acts that undoubtedly were attended with very great danger to the public and to ell persons travelling by railway. Ihe offence with which they were charged was that of wilfully and maliciously placing a stone on the railway in question, with intent to obstruct an engine working upon the line. In order to convict the prisoners under the statute to which he had referred, it was necessary, in the first place, to prove that they had wilfully placed the stone in the position stated upon the railway ; and, secondly, that it was done as described in the act, maliciously, and with the purpose of causing mischief. It was his duty to inform them that it was nut necessary to show that the party areused entertained any feeling of malice, either towards the railway company, or towards any person who might be travelling in an approaching train, and it was quite enough to support the charge if the act was done with a view to some mischievous consequence or other, and if that fact was made out, the jury would he ' justified in healing the prisoners guilty, notwithstanding their youth. They were undoubtedly very young, but still .Le might observe, that persons of their age were just as well competent to form an opinion of the consequences of an act of this description as an adult person. The jury found the prisoners Guilty, but recommended them to mercy, on account of their youth. Mr. Justice Wiehtman said he should take time further to consider the case, and what sentence ought to be pro nounced upon the prisoners. scribed. Mr. W. 11. Sheehy, surgeon, of Wilmington-square, who was present at thepost moo free of the &ceased, also de.cribed the appearances of the body, and said that the death was caused in his opinion by the injuries he dis covered upon opening the head: that the external injury wax prodifixd by a tall or by violence, hit did not know which, and that by that lull ur violence the internal vessels were decidedly ruptured. but cross-examination by Mr. Lewis, the witness said the rupture might have taken plum trout excitement without either fall ur blow. Ile uid not think the discoloration below the ear was caused by a blow. It was likely that such au injury might have been caused by a till Irons a lamp post ten feet high. In answer to the City solicitor, the reporter understood the witness to say "ldu nut think that oue tall from a lamp post would have caused the extensive contusion, except the head came in contact with the curb stone. Then one full might have caused all the mischief ; a single fall would, under such circumstances, be more likely to produce these contusions than blows upon the part. Harriet King, of No. Id, 'gumtree-court, widow-1 go out washing and diming. On the 4th of July, between two and three tu the morning, I saw the prisoner, who was dressed as a 'policeman, catch the deceased by the collar. policeman Luckyer lied the prisoner's lantern while he had Cogan by the throat, and Lueleyer followed a girl named biddy Moore into my room while the prisoner re mained below. Saw nothing more take place. Cross-examined by Mr. Lewis—Biddy Moore was not very drunk. She was capable to take care of herself. 1 don't know that there was a great disturbance that night in the court. Cole was using the deceased very• roughly. Biddy Moore was in the pas,sage when Cole was °slug (...gtin violently. There Nat 110 other policeman in the TILUII) COI:Ia.-YESTERDAY. 1111,11 M Ma. Fussiest Grassy. AOGRAVATED ltoe s wi(v. Margaret Murray, 32, spinster, and Bett finite Murray, 70, labourer, were indicted for stealing a bank note, value 50/., the property of Mary Taylor, in the dwelling-house of John Henry Willson. The circumstances which gave rise to the charge against the prisoners were of a very bud character, and consider ably aggravated by an accusation made the female pri soner against the gentleman in whose house the offence (al leeel to have been committed by the female) occurred. Mr illson, it appears, resides in \Veils-buildings, Kingsland,l and the lady to whom the note belonged is the widow of an officer formerly in the East India Company's service, and boarded and lodged with Mr. Willson. In January last she received her dividend from the Bank, and amongst the notes paid to her was the one in question for 501. This was last seen safe on the 27th of April, and it then had no name endorsed upon it. About that period the female prisoner, who hail lived servant with Mr. Willson, quitted the service, and shortly atter that time the note was missed. She went to live with the male prisoner, who is her father, and the way in which the charge was sought to he brought home to both of the prisoners was this. Information of the loss of the note having been given, it was I traced to have been paid into the bank, and with the name of Mrs. Williams, Wells-buildings," endorsed upon it, and the endorsement was a somewhat clever imitation of I I the handwriting of the lady whose signature it purported to be. The 50/. note was paid in notes, each for 5/., and of leousecutive numbers, one of which was finally traced through several hands to have been first endorsed by Mr. Taylor, who keeps the Old Bell in Friday.strect. Sir. Taylor, upon being examined, stated that about the second week in June the old man, who is a porter, came and asked him to take care of it for him, and let him have it in small sums as he wanted it; which he did, and prisoner had received the full value for it. Upon Mr. Willson being examined the female prisoner, with much impudence, asserted that:Mrs. Willson had told her that the old lady to whom the note belonged, being very old, her husband bad been in the habit of helping himself to her money, saying that they might as well have it as her, and that they had robbed her of that as well as many other thing*. Both Mr. Willson and his wife emphatically denied the statement of the prisoner. Mr. Clarkson then attempted to examine the old lady, the prosecutrix, but found it impossible to elicit anything from her, she evidently being in the last stage of forgetful ness. All she recollected was that her husband had been au officer in the East India service, arid that she used to carry her money in a hag, but with regard to having been to the Bank for her dividend, or anything else, she could not recollect a single thing. Mr. Gurney said, under those circumstances the jury could not do otherwise than acquit the prisoners, though there could be no moral doubt of their guilt. The jury said they were satisfied of that, although they were compelled to acquit them. Mr. Gurney told the prisoners it was a most shameful ease, more especially as far as the female was concerned, to attempt to cast the imputation she did upon the respectable I gentleman, Mr. Willson, and his wife, and he had no doubt as to who it was that stole the note. place. Biddy Moore, of Nu. 23, I'lumtreescourt--1 reculket the morning of Sunday. I was half di uuk. Cogan WAS sitting under Mr.. mug's window, between one and two o'clock. Cole Mlle up the court, and Lothyer and another policeman tame down the court. Cole went up to Cogan, took him by the back of the neck and kicked hint trout No. In to So. 28. Ile then threw Cogan into the postage ,of No. 28. 1 ran up stairs and saw no more. Cross-examined by Mr. Lewis I am a single-we man, and live with my father and mother. I did not keep company with Cogan. On the night in question, had had, in the company of six or seven persons, put of three or four pots 01 ale. 'the persons I was with were 'strangers to me. I swear that I have not said to the police —" 1 shall come day have a turn against you." I lease never threatened the police, but l hAVe been in their custody : but that has always been on account of my brother Jack. I am now 17 years of age ; 1 get drunk once a month. On the night in question 1 was not so drunk as n it to know what 1 was doing. 1 am not au unfortunate woman. I had not a sham tit, but the policeman, Nu. 21,1, dragged me by the hair of my head along the street. John Burke was called, and said he was in the company of the deceased on the night in question ; that the deceased got up on his shoulders to light his pipe at the lamp, and 6ms:tided safely without falling. I Cross-examined by Mr. Lewis.—Cpon my oath I hav e not t ainted to Inspector b//y` that the deceased was standing ea my _shoulder and slipped off'. Mr. Lewis then commented on the evidence, and called on the alderman not to proeved further with the case—at all events, not to make up his mind to send it fur trial till the witnesses for the prisoner had been examined. Alderman Wilson then remanded the prisoner till Tue. day next. Mr. Lewis—l presume the prisoner may he at large, and he can surrender on the appointed day, the superintendent of police guarautcein'4 his appearance ? Mr. Alderman Wilson—Nu, that cannot be. The case has assumed a totally different aspect from what it did at the last examination. Ile is now in custody, and 1 cannot release him without his finding bail. I must have two sureties in 504. each. MC required bail was immediately procured. WORSIIII'-STItEET. Mary Ilarri; a haggard, careworn looking woman. Iv+• charged with having stolen a card containing 41 gold wed ding rings, from the shop of Mr. Charles Moore, a Weal . maker and jeweller, in lligh.street. Shoreditch. The prosecutor's son stated that about four o'clock on the preceding afternoon the prisoner entered the shop, and requested to be shewn some wedding rings, as she wished to purchase one for her sister, who was a cripple and unable to quit the house. lie accordingly placed a card containing 41 rings before her. After choosing one of the rings an removing it front the card, she requested him to make out is bill and receipt, which he was about to do, when the prisoner whose right hand was still shrouded in her pocket, suddenly drew it out, and dashing a quantity of white pepper M his eyes, instantly snatched the card of rings from the counter and darted out of the shop. On partially recovering from the smarting effects of the discharge, witness hastened after her, raising the cry of " stop thief," which attracted the attention of one of his neighbours, who intercepted the prisoner as she was passing his shop, and forced the card . of rings out of her hand, which she had covered oser with her shawl. The prisoner begged hard for forgiveness, al leging that she had been urged by severe distress tit coi t- . r mit the robbery, but she was detained until the arr ival of a policeman and given into custody. t The prisoner said that she would never have been guilty THE POLICE COURTS. MANSION-ROUSE. The proceedings in the case of Cole the policeman, who was charged on Saturday with having caused the death of William Cogan, aliu John Bull, were yesterday resumed before Alderman Wilson. . . . Alderman Wilson said, upon taking the chair, that hav ing been requested, on account of the indisposition of his Lordship, to hear the rest of the evidence, he had with great care read the whole of the foregoing depositions, and he was perfectly well acquainted with all the particulars of the proceedings of the former day. The City Solicitor said ho was present at the desire of the Lord Mayor, in order that, if it should be considered necessary to adopt ulterior proceedings, he might conduct I i I