The Express.
London, England, 1862-12-04 00:00:00

MORE GAROITINO.—(THIS I'd Y. )

This morning, between 12 and 1 o'clock, Mr.
George Leader, a theatrical employ., was proceeding horn.,
to his residence at Paddington, when, in passing through
narrow thoroughfare called Manor-lane, he was accosted by
• female, who importuned him for drink. Mr. Leader
passed on, the woman following up behind, when, oe
reaching the end of the lane he was suddenly coo.
fronted by • man wearing a white smock frock.
He was at the same time seized round the threat has
behind and thrown to the ground, the woman kneeling upus
his throat; while the man rifled his pockets. They
pee him a blow on the head, which stunned him. On re•
covering he managed to get to the police station, and
several officers went in pursuit of his assailants. It ins
near the same spot that Mr. Rudders, the comedian, Iry
garotted, dying subsequently from the effects.
This morning, Michael Garretty, residing in Webbei.
street, Lambeth, expired from the effects of injuries it.
Bitted upon him by garotters in the St. George's ro.d,
Southwark, on Saturday night. The men DOW attars
females ; and • young woman, named Jane Stokes, biz;
in Belvedere-road, has, it is said, just expired from
juries thus sustained in passing through Standendstreet.
In the neighbourhoods of Battersea, Wandsworth, BO
Wimbledon, numerous persons have been garotted azd
plundered, and great alarm prevails in those

Although the bathing season in Hyde Park is
now over, there are dill from twenty to fifty persons who
bathe in the Serpentine every morning, no matter how in-
clement the weather.
Another of the frequent charges for iofringiv;
the Mines Inspection Act was beard at the Wolverhamptere
petty sessions yesterday. A chartermaster of one of the
pits in that neighbourhood was fined 501. for allowing teo
women to assist in raising and lowering men from the pile
mouth. He had nine witnesses to swear the women were
not so:engsged, and two on the other side ; and the magistrates
expressed their belief in the startling fact, that the nine
witnesses had been " encouraged " by the defendant to give
this evidence.
Yesterday the cashier of a firm of millers at
Attercliffe, near Sheffield, was charged with embezzling thr
serious sum of 1,0001. His duty was to visit his employer,'
customers ; and the usual trust was placed in him, till he
accounts were examined and his deficiencies made apparent.
A very shocking railway accident is reported fro,.:
Coppoll, near Preston. Two waggons, which had jumps!
off the line, were attached by • chain to • train, in ordrl
that they might be pulled into their proper positing,.
Instead of pulling them, however, they pulled over the lie
waggon of the train, which fell upon a breaksman, and liter
rally crushed him to pieces.
THE LATE MARQUIN or BREADALBANE.—Withit
• few days of Lord Bresdalbane's death at Lausanne, a
telegram reached him from her Majesty, with her used
inquiries as to the state of his health. The enfeeble'
marquis with difficulty raised himself in his bed, and, cok-
ing for materials, wrote his farewell memos to his sore
reign. The cloeing words of the brief telegram ran as fol.
lows :—" Loyal sod faithful to his Queen to the bst."—
PereAsh ire Courier.
DEATH OF SIR TIMOTHY O'BRIEN, BART., D.L—
We regret to announce the death of Sir Timothy O'Brien,
which took place at his residence in Merrion-square, the
(Wednesday) morning. The deceased baronet has been ow
of our leading citizens for nearly half • century—he twin
filled thehigh office of Lord Mayor, discharging its dutieswill
impartiality. and dispensing the hoepitalities of the Mansion.
house with lavish profusion. The energy of Sir Timothy
O'Brien's character, combined with his acknowledged
ability, caused him to take • prominent part in everytbog
with which he identified himself, and during his long sad
honourable career be has exercised • very large influence
amongst the mercantile and political bodies of this city. Sr
Timothy O'Brien eat in the House of Commons for Cashel
during fourteen years—he was a strong liberal in ',otitis.
He was created a berooet io 1849, and is succeeded in the
title by his eldest son, now Sir Patrick O'Brien. one of the
representatives for the King's County.—Digeliti
Mail.
ST. PAUL'S CATHEDRAL.—TIIO Bishop of London
has appointed the following gentlemen to be the speed
morning preachers at St. Paul's Cathedral for the peeissi
month :—Sunday, Dee. 7. the Rev. Frederick ties.
Blomfield, M.A., of Ballot College, rector of St. Ards,
Undershaft ; Sunday. Dec. 14, the Rev. William Gibs
Humphry, 8.D., of Trisity College, Cambridge, vicsrd
St. Martio'sin.the-Fiekla ; Sunday, Dec. 21. the Rev.
William Rogers, M.A., of Balliol College, Oxford, Maw
bent of St. Thomas. Chmterhouse, and chaplain in alb
I nary to the Queen ; Sunday, Dec. 25, the Rev. Christophir
Packer, M.A., of Worcester College, Oxford, vicar d
Ruislip, and priest in ordinary to the Queen. The Very
Rev. the Dean of St. Paul's will preach on the 25th, hat
Christmas-day.
SMITHFIELD CLUB CATTLE SHOW. Yesterday
being the last day appointed for the reception of implements
intended for exhibition at the manner; Smithfield Cub
Cattle Show, the Liverpoobroad and all the approaches to
the Agricultural Hall, Islingtoo. were from in earl! bog
in the morning and throughout the day completely igoekid
by the ponderous machinery arriving in rapid ruccesgoo.
In
the interior the bustle and excitement, and the general note
of preparation resounding throughout every vino@ of the
structure, were equally great ; but by the judicious armee.
meets carried out, under the superintendence of Mr. Hamad
Sidney, the secretary of the hall proprietors. mid Mr. Fe
T. Brandreth Gibbs, ham secretary of the club, than sus
not the slightest confusion. Amongst the stock to be ex•
hibited there will be several specimens sent from Me Rola
Flemish Farm at Windsor, under direction of liajor•Georral
Womres, the royal land steward. The stewards fir tke
present year are—For beasts, long-woolled sheep. and PO'
Mr. Charles Stokes, Mr. Samuel Anstey, sod Mr. Richard
Mllword ; and for abort-woolled and cross-bred sheer : Nr•
T. B. Noethesst, Mr. H. Thurnall. and Mr. WM. Feat&
Mr. John Clayden his bees elected chairman of ghee
Lew
ddirectors of the Agricultural Hall Company, in the roma
the late Mr. Jonas Webb, and it is intended to hold a
general meeting of agriculturists at the hall on FridsF•tta
12th (last day of the show), for purpose of
lest
tes-
timonial to the memory of that gentletuaors. Yes
eseisl
evening the large mass of the root, seal, mil impleme4ll
st
**lnds were in their places in the galleries : and Oth°
Mr. Bird, the general superintendent of the works..l:
peatedly tested them with reference to the enormous wee
they were bearing, there was in uo instance a defier
amounting to the 16th part of an inch. Tomorrow
day) will be the last day for the reception of cape.
MURDER AND ATTEMPTED SUP*IDE IN OE'
PARK.—A distressing case of alleged murder and
attensiei
suicide took place iu Hyde-park on Mon ay eight, "dr.
subjoined circumstances. About halfput ten te
cortm.hrieksmganKdensicriesagt°Dfor.hiceardlpensfroiridm s fileemwaleree voice aft
diately called for assistance. and hurried to the coo, 71
whence the screams proceeded. John Minions, boatma
yothwe
eralto theHusmaountlei sBcchoreietoyi hearingh :niTioea.trzi Irte. tin
just as one of the men bad succeeded in getting hold esthi
womsn's clothing, and was in the act of dragging .her t°
the &erre

shore. The woman was removed under .
Parsons to the society's receiving house in a state
ability and plaoed in • mum bath without
Christian attended, and bad all the veoessery meara
for restoring animation, end succeeded in ramomplirat
object so far as to enable the unfortunate mature t'
her eyes about half-pest two on Tuesday morning, el
stated that she had drowned her child. Parses
t(
I
hastened to the spot in • boat aad dragged until es
but without morass. At 11 o'clock they went out
mid finally succeeded in recovering the body a
child, neatly dresed., and apparently about a mos
The wretched woman and the dead body of her
were in the course of the day removed to St.
Workhouse. Mount-street, Oroseenorequare, wh,
former lies io a precarious state seal the latter A,
• coroner's inquest. The woman gives the name Wale
SINGULAR RRTREAT FOR A Wleit-Dnerael
The Baerskire Journal states that Mr. \Valiant Ft
alias Willis Enmli•—• real " character" - Pho'
squatter, lie., in the Glen of Newmill. tired of e"
We, has deserted his wife and three children. Mr.
• hes scooped out for himself • shelling le the
sandbank in the glen—the blue smoke curling up
an opening made by the fox which William d
Of late be has been travelling to red from Keith.
and evening—a distance of four mdee—and weal
shoemaker there for six shillings • week. The
authorities are investigstiog the case, with a view
ily.
the recusant husband to support his wife and fain

aoo'l

LAW INTELLIGENCE.
(TILLS DAY.)

COURT OF COMMON PLEAS.

Sittings at Mai Prins ia Middlwx.—(Before Lard Chief
Justice Erie and a Special Jury.)
ERWIN V. SIR 01:011GN ORET.—ACTION TOR NOT PREINNTING

A PETMON or RIGHT.
The plaintiff in this case, George O'lfalley Irwin, by his
declaration, complained that the Home Secretary had re-
fused to lay before the Queen a petition of right, and for
this refu...al he claimed damages 100,0001.
The defendant pleaded not guilty.
The plaintiff appeared in person, and the Attorney-Ge-
neral and Mr. T. Jones represented the defendant.
The plaintiff addressed the jury, informing them that the
action was bmught under the Common Law Procedure Act,
1864,and the Bill of Rights Act of 1860, commonly known as
Mr. Boyars Act, and the petition of right in question prayed
for a jury for the purpose of enforcing an award made by
the present Lord Westbury some four years ago. He also
detailed the history of his affairs for many years past, and
the state of the law previous and subsequent to Mr. Bovill's
Act.

In the course of the address Lord Palmerston and the
Lord Chancellor took their seat* upon the bench. Sir
(i. C. Lewis, Mr. W►lpole, Mr. Waddingtoo, and other
official gentlemen, were also in court.
Mr. Irwin bad not concluded his speech when our report
left.

COURT OF PROBATE AND DIVORCE.
(Before the Judge Ordinary.)
BARNARD o BURROUGHB.—PART-HRARD.
This morning the trial was resumed and additional evi-
dence was give° on behalf of the plaintiff, who contested
the will of Miss Jemims Bradley. The deceased
was an aged penal who had former],y lived as servant
in a gentleman's family, and had a fortune of about
700 f. She died in January, 1861, at the house of the
defendant, with whom she was lodging and to whom she
had left the bulk of her property. The plaintiff was a
nieoe of the testatrix.
The case was still proceeding when we went to press.

COURT OF BANKRUPTCY.
(Before Mr. Commiegoaer C.oulburn.)
IN RE STILL AND STILL. TEE coNN ISSIONER.B REELS TO

THE LORD CHANCELLOR.
This case wu before the Lord Chancellor yesterday on
appeal from an order of this court directing • prosecution,
and adjourning the examination of the bankrupts sine die ;
and his honour now made the following statement in refer-
ence to some remarks which were reported to have fallen
from the Lord Chancellor respecting the appointment of
managers :

Th;Cornmiasioner—Mr. Reed, observing you now present
I wish to refer to • c•se which inui before the Lord
Chancellor on appeal yesterday—the case of "Still and
Still." In that ease it is stated that • manager had been
appointed; and upon the Lord Chancellor asking "who
appointed the manager!" the learned counsel answered "the
commissioner." Now, I beg to say that that is •
perfect mistake ; it is untrue, in fact. I won't say
untrue, but it is without the least foundation. I never
beard that a manager had been appointed. I knew nothing
of it ; and therefore I wish to set the matter right. I h►d
nothing to do with the appointment whatever.
The appointment, if made at all, was made
tinder the 122nd section of the last act
of parliament, which allows the creditors to make such an
appointment. The latter part of that clause says,:—
' At the same meeting, or at any other meeting called
for the purpose, the majority in value of the creditors
present may also determine whether a manager
shall be appointed to collect and wind up the
estate, under the inspection of the creditors' assignee, or of
• committee of creditors, and may appoint such person, with
such rumuneration out of the estate, and generally
upon such terms, for such period. and with such
directions, u the majority shall think fit." Now,
I knew nothing of an appointment here. I never
heard of it ; it was never mentioned to me in any of the pro-
°pedicure ; and I could not therefore sanction it. I had
nothing to do with it ; and the statement that I made such
an appointment is untrue and without foundation. Probably
it was made in mistake. It may be supposed that the learned
counsel referred to the appointment of Mr. Hart, the account-
ant, which depends, as Mr. Reed knows, upon another section
of the act—a section which provides that on its being certified
to the court that there are special circumstances in any case
which render it necessary that the official assignee should
have the assistance of an accountant, the court, with the
sanction of the creditors, may appoint one. I dad that in
this case, with the sanction of everybody concerned, in-
cluding Mr. Reed ; and it is quite clear that that
appointment was not without its use—Mr. Hart's
report being extremely dear, and making • very compli-
cated ease exceedingly clear ; indeed, 1 believe the Lord
Chancellor referred to it all through the case as I did. I
am exceedingly glad that that appointment was made, and
1 sin sure that the creditors and the assignees have both
derived the greatest assistance from Mr. Hart's report. I
only wish positively to contradict the statement u to the
appointment of manager. It was unknown to me. I knew
nothing whatever of it.
Mr. Itud (the solicitor to the assignees)—Perhape your
honour will allow me to say that the appointment of
manager takes place at a meeting which is not a sitting of
the court, but a meeting of creditors held before the regis-
trar.

The Commissioner—Quite so.
Mr. Reed—The appointment is with the creditors alone ;
the court has no power over it ; and though I have known
instances where the creditors have Leen unanimous as to
the appointment of assignees, they have differed as to the
appointment of manager ; and I have known contests as
to the appointment of manager under the new
act. The court has no power ; the assignees
have no power ; and if the creditors choose
to appoint a manager who is disagreeable to the assignees,
the only remedy they have is to resign their office. And I
am not aware that the court has any power to remove a
manager. 1 should mention that Mr. Bacon's error was
corrected in the court, but unfortunately the correction is
not noticed in the report. The Lord Chancellor was in-
formed that the creditors alone are the parties who have
power to appoint a manager.
The Commissioner—The Chancellor is made to found the
remark upon another, which in any case where you are
concerned would be a siogular one—that the appointment
had been made with a view to increase costa. Had he
known as much of these courts as we do, he would have
known that any such remark direct*, d to any case where
you were concerned for the assignees was altogether min-
placed•

Mr. Reed—The appointment aigned by the creditors Lion
the tile.

The Commissioner—Not signed by me.
Mr. Reed—Oh, DO ; signed by the creditors.
The Commissioner —The Chancellor does not seem to be
aware that the creditors have this power of appointment.
He asks, " Who is the manager° What is he" The
1220 d section of the new ant calls him into existence.