The Express.
London, England, 1863-07-23 00:00:00

II PART! ADAMS-IR ADAMS.

This was an appeal by Mr. Adams, formerly • hinter,
naltster, and farmer, at Ware, whose bankruptcy was
annulled a few years ago, against an order of Mr. Com-
missioner Fans. The bankrupt's certificate was refused in
1838, on the ground of concealment of property; but on
entering into a composition, the bankruptcy was
annulled in May, 18,80. The oommissioser bad
made an order eettiog aside the annulling of the
bankruptcy; and against this the appeal was brought.
The petition to the commissioner prayed that an inquiry be
instituted by the eximinatioo of Adams, and all other and
necessary persons, for the purpose of discovering the extent
and particulars of concealment by the bankrupt, and if it
appeared as the result of that inquiry that the bankrupt
had wilfully withheld any of his property and effects, then
the order annulling the bankruptcy kis set aside. The ques-
tion was whether, after the creditors in the exercise of their
right ander the Bankruptcy Act of 1849, of accepting •
composition from a bankrupt, had entered into such com-
panties the commissioner had judidiction to set aside the
proceedings by which the bankruptcy was annulled as the
result of the composition ; and also whether the Lord
Chancellor sitting in bankruptcy had any such jurisdiction.
It was also a question whether the commissioners had
jurisdiction to review the order annulling the bankruptcy at
any indefinite time, and whether, if the Lord Chancellor
had jurisdiction to review such order on appeal, the time
for such appeal had oat long since lapsed.
Mr. Sargood and Mr. Herbert Smith appeared for the
appeal ; Mr. Noon and Mr. Hardy oo the other side.
The Load Chancellor said that he must direct that the
oommissiooer's order he discharged, as at the tiros of the
composition the creditors were aware that the last examina-
tion of the binkrapt was false and fraudulent, and there-
fore they could not have been misled into accepting it. He
did not give sal opinion on the qualities of jurisdiction, his
judgment turning on the point that the,, was a personal
bar to the order.

ASSIZE INTELLIGENCE.

HOME OIRCIIIT.—Lzwis, JuLY 22.
(Before Mr. Baron Bramwell)
_ MI WIZ OF 711•80111 TllO7.

Bilge rh0w;L:1;13,37.;,-.4iiiprot WW t, cob driver,
were indicted for othesaling the finding of certain pieces of
gold, of the weight of 11th.. or thereabouta, of the value of
6301., then lately found by William Butcher while plough.
lag in a field in the parish of Mountfield„ on the 12th
January, and which said pieces were of ancient times de-
posited as aforamid, sod are now the property of our lady
the Queue.
The Hoe. Yr. Denman prosecuted on the part of the
mown, easieted by Mr. Heise ; the prisoners were defended
by Mr. Ribton and Mr. Gates.
Yr. Denman, in opening the cam for the prosecution,
stated the facts, sod imid this was • charge of • very
unusual nature, probably one of • kind that nose
of them bad ever heard of or been engaged
in Wore. According to Blackstone's Commec-
titles the law in the case of treasure trove
was, " If any person lad any ancient coin, plate, or bullion
concealed in the earth or in say field, and if the roe be not
owned by any person, that the same shall belong to the
Ring ; but if soy ODO shell find property of a similar cha-
racter, which can be proved to have been abandoned sad not
coecealed, then it shall become the property of the finder."
This law only applied to gold and silver, sod not to any
other metal or substance of any kind, and in ancient times
the punuthment for concealing this treasure trove was
death, but it Wain°, been most properly commuted to fine
and imprisonment. Now it appeared that on the 12th Jaa.
• man named Butcher was ploughing in • field imar Mount-
field, and he ploughed up something which he at first
took to be bear. There were • number of rings,
one appeared to have been made to go round the body, arid
some of the others seemed to be circlets; for the arms and
peak. There were also several pieces shaped like horse-
shoes, and several °isms of what might at one time have
been part of a kingly breastplate. Altogether there were
about twenty pieces, the largest one being perhaps • yard
long, but almost doubled up The man thought that this
last piece had been • mmimfinstmment. The spike of the
plough had entered into the ground about eighteen inches
when the first piece was dug up. In the evening Botcher
took them home and showed them to his neighbours and
acquaintances, as, although he did not suppose they were
valuable, he at the same time thought there was
something very striking about them. AU his neighbours
agreed with him that they were braes, and they were pot for
the night in the stable. The nest day Thocossearne to him and
asked to look at them. Now this gold was of • very peculiar
nature ; no doubt old Celtic ornaments used by the moth
ancient inhabitants of Great Britain before it was conquered
by the Romans. Well, no sooner did Thomas see thews
articles than he said he had • brother who bought old beam,
and that if Butcher would let him have two or three pieties
as samples he would buy the whole of him and give him 6d.
per lb. He was allowed to take two pieces, and be returned
the MUM evening, but in the meantime, Oa he (the learned
counsel) would prove by witnesses, be went to
Heating', and inquired in • }mailer's shop whether that
which be bad got from Butcher was brass or gold,
and upon being told that it wee gold he asked
the man if he would buy it. He returned the same
evening to Butcher with • steelyard and purchased the
whole amount, for which be paid Is. 6d., telling him at the
same time that if he got mom for it be would return him the
surplus. Butcher hearing rumours that it was more valua-
ble than stated by Thomas, spoke to him about it, when the
latter said that it was probable there might be • little silver
in it, but be did sot yet brow, and if there should be any in
it Butcher should hays it made up to him. The latter after-
wards saw Willet, who told him that he had given 54.6 d. to
Thomas for it, but there could not be the slightest doubt
that they knew at tbat time that it was gold—for previous
to that time, on the 23rd of January, it would be proved
that Willth went to London, and sold the whole of the
" brew" for 5301. to Messrs. Brown and Wiugrove, of Wood-
street, Cbeapeide, gold refioera He was paid by • cheque
on Glyn's bank. That cheque he changed the same
day, and the notes which he received were afterwards lodged
in • bank in Rutin& The two prisoners became all at
once apparently rich, and rumours went abroad which re-
sulted in an °Soar going to Whist, and asking him if be
knew that be had bought a large quantity of gold sa brass,
" Nonsense," said Whist, " I am an old Wherein) miner,
and know what's what" and no doubt he did so, or be would
never have purchased it. An inquest was afterwards held
upon this treasure trove, and ultimately the two prisoners
were given into custody. He would now call his witnesses,
and then leave the case to the jury.
The above facts were thei proved by • large number of
witnesses whose examination lasted some considerable time.

Mr. Ribton, on behalf of the prisoners, addressed the
jury at some length. He told them that such a eau bad
never before been tried in this country, sod they were
asked to convict two men who had always borne a moat
irreproachable character, who, finding a cheery of adding to
eir income, did not scruple to do so, and, u they thought,
honestly. No doubt this was the first time they had ever
beard thelaw of treasure trove laid down. He would ask
them to weigh well these points :—First, whether the trea-
sure was really hidden in the meaning of the act ; and,
second, whether they did not think that it had been know-
ingly abandoned. If so, there was no cue against the pri-
soners, and he would ask them to acquit them. In the
course of a very humorous speech the learned gentleman
referred to • labourer who had found a golden circlet on
Lord Palmerston's estate, stating that his lordship had
given 301. to him for it, and retained it in his possession.
It he bad been arraigned before them, would they for a
moment have entertained the charge? And what would
the learned judge have dooe if Lord Palmerston had been
brought before him
Baron Bramwell—Tried him aooording to the evidence the
lame rie any other man. (Roars of laughter.) But hie lord-
ship holds a grant from the original lessees of the land in
question, dated sereral centuries back, entitling him to ell
treasure trove there found.

Mr. Denman rose to reply, when Mr. Bibles objected,
the Attorney-General not prosecuting in person ; but big
lordship ruled that the first-named gentleman was entitled
to his reply, as he represented the Attorney-General.
The reply was then made, after which the Judge summed
up. He prefaced his remarks by stating that this was the
first case of the kind that had ever cowe before him, and he
had no recollection of having reed such a one in his books.
There was no doubt that the law was laid down with regard
to such cases, and it must be carried out. Of course they
did not look upon the two men at the bar as they would
upon those who were charged with hone-stealing or cutting
and wounding; but at the same time they had com-
mitted a crime stalest the law of the land, and in
no land were laws so well kept as in this
land, most probably because they were made by the people
themselves; for if it was disliked by the bulk of the people
it wee woe altered. With regard to the case in question,
hie lordship could see no reason why property of this kind
should go to the finder, except upon the schoolboy adage of
"finning keeping." As question for them to consider
was whether this was what was called treasure trove, that
was to say, was it treasure that had been buried? If they
ware of opinion that it was not, then there was a end of
the cane. It might be that one of the Phoenicians, or the
Romans, or Danes, or Normans, to whom Mr. Ribtoo had
referred, had buried his tresaure, and wasafterwards obliged
so fly, or had fallen in battle, and thee* the trove remained
unti► d up 4 peer Buteiter,. vibe bad not

much bmalltad by tt, whoever else might have
The next question wee whether the primers cammaled it,
knowing it to be gold. and dealing with it in • manner to
benefit themselves. Bat the Ginnie they would see was
not of emosaling the trusser., but ooncesliag the finding
of it. With those few observations he left the ems in the
hands of the jury.
The jury almost at once returned • verdict of Guilty
against both prisoners.
Mr. Ribton then took an objection to the wording of the
indictment. He thought that the word "fraudulent"
ought to have been ineerted, and gave notice of so appeal.
A lengthy discussion then took pleas. and in the end hie
lordship said the cans most steed over to be argued in the
Court of Criminal Appeal.
The prisoners were then liberated, ball being takes—two
sureties in 1501. for Willet, and the same for Thanes.
Joseph Huinsisetr, • labourer, pleaded guilty to a thugs
of signing • false notice, directed to and making • false de.
daratioa to Mr. Henry John Bartlett, superintendent of the
Lewes district, fee the purpose of procuring his (prisoner's)
marriage with Frances Reed. He was also charged with
making • false declination before John Cooke, registrar of
the Lewes dl met, for the purposeof procuring his marriage
with Frames Reed, hie deceased wife's sister.
The learned Judge sentenced him to two months' im-
prisonment.
PAilariciphia Barnett, 21, and Charlotte Lidbetkr. 14,
were indicted for weaseling the birth of • child of the
elder prisoner, and were sentenced to three days' imprison-
ment.

This being the whole of the criminal mei al the arises,
the civil business was at once prooneded with is the nisi
pries court. The eases tried, however, were of so pima
interest.