The Express.
London, England, 1864-03-07 00:00:00

THE EIPRISS,- MONDAY EVE/i MG, MARCH 7, 1864.

UNIVERSITY INTELLIGENCE.

CAMBRIDGE, MAWR E.
Ularvaaarry SCHOLLRSHIPII.—The vacant Browne
and Oman Sthokuwip hiss bone thin de y awarded se
follows Robot Wititslaw, scholar of Trinity
College; Browse—To J. IL Imam Khasi of Trinity
Collor&

TES MISSING POLISH BONDS.

On Friday afternoon, Mr. Leverson, solicitor,
of St. Helen's-place, Bishopgate, applied to Mr. Alderman
Bagley, at Guildhall, far sa warrant to apprehend Mr.
William of the fins of W. and H.-P. gip, of
92, Gresham-hoage, Old Broad-etre* 'oho' iton to the lass
sian government, on the charge of stealing certain land
bonds, to the value of 27,5001. Mr. Alderman Healey, on
hearing Mr. Lovereen, declined to issue a warrant upon
as ex parte statement in such au important mealier, and
directed an intimate= to be communicated to Mr. Sharp
that the application would be renewed on Saturday morn-
isg, and the warrant issued in the absence of any enplane-
lion. On Saturday therefore. Mr. W. Sharp attended, sc-
oompasied by Mr. de Berg, the Read= Consul-General,
sod Mr. Poland, the barrister.
Mr. Martin (chief clerk) read the following deposition
"The information and complaint of inanities }ranter, of
59, Rupert-etas= in the county of Middlesex, gentleman,
arc., south, 'On the 2nd day of March instant I went to the
office of William Sharp, of 92, Graham-house, in the City
of London, to whom I was introduced as a person who
would cash for me certain note' of the Credit Fonder of the
kingdom of Poised, to the value of 160,000 rouble' of raver
Russisa currency. That I produced to the said William
Sharp at his request the said notes for the purpose of
examining the same, when the laid William Sharp took
violent possession of the same, and refused to return them
to ins, alleging that he took the earns on s
he
pretended • the Russian authorities, under whose orders he
pretended to set. That, after a considerable time,
being unable to reobtain the said notes, I left the office of
the said William Sharp for the purpose of obtaining legal
assistance, and on my return the said William Sharp was
denied to me by the clerk, sod although I have since been
repeatedly to the said office, the said William Warp has
been denied to me, and I verily believe that he is keeping
out of the way to avoid my giving him into custody.' "
Mr. Linemen— As 1 informed you yesterday, these bonds
ae the property of Mr. Lemaire, a manufacturer of guns,
Liege, who holds a large quantity of similar 'sanitise, a
portion of which (those en question) he entrusted to his
agent, Mr. &tamales reenter, to bring to this country for
the purpose of negotiating. The Roman government
choose to call them stolen property, but the fact of the
matter is that these bonds have been takes as spoil in the
course of the war between the people of the Polish nation and
the Russian government. That the Rune= government have
=wider= them as the spoils of war menet be doubted,
as they have levied a tax upon the whole kingdom to
replace the deficiency caused by the loos of them ; and, in
falling into the hands of the Polish belligerents, I again
assert that they are the property of Mr. Lemke ; that ho
received them in payment of gone supplied, and I am will-
tog to admit, to a people in arms against the Roman go-
vernment, and that he has sent them to this country for
negotiation, the coupons being actually like bank notes,
but payable at a specified date instead of ea demand, and
bearing interest in the maritime. I have repeatedly es.
&savoured to see Mr. Sharp sod it is with great reluctance
I found it necessary to apply for • warrant eeriest him,
but I am glad he has rendered that course now unneces-
sary. I have endeavoured to show you, sir that no
order of the Russian government can justify the commis-
lion of a felony, neither can any order of the Rosman
consul, who is the brother of the notorious General de
Berg, justify the spoliation of my client. Mr. Foerster,
in attempting to negotiate these bonds, wee referred to
Mr. Sharp, who first asked to see them, and then, after
comparing the numbers with a list in his own posesesion,
pus them into his pocket, by which act the felony was
complete ; and although lifter some altercation Mr. Foamier
obtained from Mr. Sharp an acknowledgment in writing, it
must be borne in mind that Mr. Sharp is a solidter, and
that he brought his knowledge and ability to bear upon a
foreigner ignorant °flour language and mullein, and gyre him
the receipt already alluded to with the view of purging the
felony. That, however, 1 submit, would not be held to be
• conelopement of the offence previously completed ; at all
events, it would not be a question for this court to
decide ; for in the case of the "Queen t. Bernard," the
Lord Chief Justice, in charg rag the jury, told them
that questions of law would arias with which they
would have nothing to do, as in the event of a con-
viction those points would be raised before the Court of
Criminal Appeal, and upon that he directed the jury to
find the bill and leave the questions of law for another
court. Now you, sir, are in the position of the grad jury,
and 1 ask you, upon the dictum of the Lord Chief Justice
who tried the above case, to commit Mr. Sharp for trial
on this charge.
Alderman Besley—Yon have charged this gentleman
i with &felony ; and although it is admitted before me that
he is in possession of the bonds, there is no pretence for
such • charge. Ido not see any of the elements of a felony
is the case on your own showing, and 1 am therefore
bound to diem= the charge.
Mr. Poland—The charge is dismissed upon the opening
statement for the prosecution, and I have now, sir, an apple-
cation to make with regard to some of the peruse before
you. This does appear to me to be • case of very grays im-
portance in • great commercial community like thee of the
city of London, and I therefore feel it necessary to lay before
you the fade relating to these bonds. Is June, 1863, the
Ruin= Bank Treasury at Warsaw was broken into, and a
large number of bonds, some of which are the sabjeot of the
present proceedings, were stolen. I believe the total value
of the beads stolen was about 500.0001. The government
of Buena, having serartained the numbers of the stolen notes,
and being responsible for the payment of them, gave notice to
the puUic generally, in order to protect innocent people
from being defrauded, that they would Dot, pay these
hoods. The bonds are useless to us, and useless to the
parties now applying for them, except for the purposes of
fraud. We have them in court, and are willing to deposit
them with you, sir, or any officer of the court ; but we will
not allow any one to maks a market of such valueless paper,
by circulating it amongst persons who are ignorant of its
real character. We have adopted this course to protect the
innocent ; and I now ask you to deal with Mr. Fainter and
Mr. Hernias under the Police Act, for the unlawful posses-
sion of stolen property. You will have before you the feet.
that they did not take these bonds to a regular stockbroker
and that they have refused to give any account of them. I
therefore ask for a summons against those parties to =ewer
the charge of unlawful possession, and then we shall ascer-
tain if there bonds are boot tide the property of Mr. Lemaire,
of Liege, and have come fairly into the possession of than
people, or if their present account is all a fiction.
Alderman Beeley—l shall grant the summonses applied
for, in order to give your clients, Mr. Levinson, the oppor-
tunity of clearing themselves.
All patios then retired, Mr. Sharp retaining palmation of
the bonds.

Lab *Mahout.

11STROPOLITAN COUNTY COURTS.
Sie.t7l4 &nu anolsted for the present Week.
Wntrtaiurnta, Bt. Martlia-lane—Monday, March 7; Tues-
day, 8 , Wedutaday 9; Thursday, 10.
BWOXIIIMAY, Portland-read—Wedueeday, March 9; Thursday,
10; Friday, 11.
BaoUreoe, Whitehead's-grow—Sue-AA), Much 8; Wednes-
day. 9.
lizzaman—Friday• March 11.

cusJammu, itu«sal-terraci..—Tuesday, March 8 Wedars•
das, D: Friday. 11.
SmourrrcH, Oid-Mreearoad.—Tuesday), March 8.
Bow, Bow•rowl—Moaday, Muth 7: Ihtds , 11.
Ioaraday,
anIiCKIOAPIL, Great Preaoott-stavot. —W , March 9;
.

Son=Waal, liwan-street—Tncsday, March 8 ; Thnnday, 10 ;
Prh.lay, 11.
Unarm, Camberwell New.road—Tuesday, March &
Waxnewoirrn, South-street—Thursday, March 10.
CTIT or LONDON, Guildhall-buildings.— Monday, March 7.
Wednesday, 9 . Saturday, 12.
LORD 316trox's COURT, Guildhall—Monday, March 7, Theo-
day, J.

EQUITY COURTS.—Mecca 5.
(Before the Lord Chancellor.)

JOHNSON—IN BANKRUPTCY.
This was an appeal from a decision of Mr. Commissioner
Fame, refusing protection to the bankrupt on the ground
that he had put his auditors to unnecessary expense, by
frivolous defeats to an action.
.„.

Mr. Sargood,--witoitTre2 for the petitioning creditor,
felt it his duty to call • lordship's attentioo to the fact
that the bankrupt, though a solicitor, wait allowed Upland
in formal panperis.
Mr. Watson said it was not in the power of the peti-
tioning creditor, Miss Kitty Stewart, to appear or oppose
is repri• persona, as she was only 17 years of age.
The Lord Chancellor said he could not inquire into the
lady's age, as notice had been served on her in which she
was recognised as capable of being • respondent, and she
could therefore come into the court as an applicant. At
the same time it would be hard to say that a bankrupt
could not come to this court unless he deposited 20/. If
they were to diepauperise him they must show the property,
which he must give up to the official •
Mr. Sargood observed that it would be hard on the sui-
tors if a man could accumulate wealth and at the same time
come here without giving any security for costa. Mr.
Johnson was • solicitor actually in practice, and it +mild
not be fair to allow him to come here as a pauper. There had
been an affidavit tiled in support of the application
in which Mr. Johnson represented himself as polarised of
no property of the value of 51., except his wearing apparel
but there was an affidavit on the other side which showed
that he had paid his license duty as an attorney on the list
of December, and that he had been conducting suits during
this year, from which he was entitled to his costa.
Mr. Watson, in reply, read au affidavit that the bankrupt
had not realised any mute from the suite which he had con-
ducted, and that since his release from prison in October
his professional profits had not amounted to 101.
The Lord Chancellor said he did not know how he had
come to make an order allowing this man to sue in form!
pauperis ; if he had known the circumstances or the case he
should not have made the order, melees upon an application
in open court. If an order of course could be made, he did
not see how he was to refuse to make it for every bankrupt
who applied to him. It was a cootradiction in terms to allow
a bankrupt to sue in form* panperis for it must be ex
necessitate that be sued, or else be sr:dishonest man. Ile
could not allow this case to go on in its protein shape, but
would require the appellant to deposit 101., and would give
him protection for a fortnight to allow this to be done.

(Before the Master of the Rolls.)
ritabroy t. BRIGHT, &C.-THE AUSTRALIAN AND EASTERN
NAVIGATION COMPANY (UNITED).
The Australian and Eastern Navigation Company was
registered in January, 1864, and the memorandum of aro-
elation was then subscribed by eight of the defendants, who
were also directors, for ten shares each. The capital of the
company was 2,0(0,000!. in 40,000 shares of 501. each, with
a deposit of 11. per 'hereon application and 11. on allotment.
The bill, supported by the usual affidavit, alleged that there
were applications for shame exceeding the above numbers,
but that instead of allotting such shares to the applicants,
the defendants, other than the company, determined on
allotting only a small number, and those to their
friends, who were privy to their transactions, with
the understanding that none should be sold with.
out their consent, reserving the remainder to them-
selves to be dealt with according to the operations of
the Stock Exchange, so that if shares rose they might allot
them among themselves, if not they need not take them.
Subsequently, the said defendants employed brokers to pur-
chase in the Exchange a larger cumber of shares than they
intended to allot. Consequently, the shares nee, on the
20th January to a premium of 3/. per share. One of the
plaistilfs believing in the expressed intention to allot the
shame, fairly contracted to sell 250 shares at an average
premium of 3/. per share, with the intention of pur-
chasing the same in the market before the period
for delivery under his contract. This contract, it
was now alleged, was made with the plaintiff
by an agent of the defendant' as part of the above-
, mentioned scheme. This system being continued by
the defendants, the shoes rose to a premium of
6/. or 71. per share on February Bth, wben the
directors allotted to themselves and among their friends,
clerks, Ace, a large number of shares, at the same time re-
turning their deposits to other applicants. The letters RS
to this part of the business were received on February
8, though dated January 26th. Though only 18,000 out
of the 40,000 shares had been allotted in manger aforesaid
the defendants, through broken, purchased very largely, and
the shares roes to 9/. premium. It appeared that by the
practice of the Exchange shares in joint-stock companies are
bought and sold for what is termed " the account." The
settling day is once a fortnight, after the first has been
appointed by the Stock Exchange commit*. ; and until a
settling day is appointed, " the account" remains open as
to shares bought and sold, and dealings therein are con-
stantly taking place without the dealers poseessing such
shares upon the chases of the rise or fell before the account
day. The defendants, the directors, have applied for the
appointment of a settling day, but none has yet been made.
Lulea, the bill alleged, a settling day be appointed, the
object of the defendant, will not be accomplished, as the
contract& they have made will not hold good, or be com-
pleted on the Exchange; and inasmuch as they have con-
tracted to purchase so large a number of shares, and nose
have been allowed but such as are under their oostrol, the
sellers of such shares will be compelled by the rules of the
exchange either to deliver the shares or pay the difference
in price between that at which they had agreed to sell and
the price on the settling day. The demand for shares on
that would therefore be large, sod as all would be under
the control of the defendants, the price would be ruled by
them. The broken must pay the difference, and
the said defendant, would realise many thousand pounds.
These are the statements, or the effect of them, is the
bill material to the present motion which was ex parte for
an injunction toes rtrain the defendants, from applying
to the committee of the Stock Exchange for a mailing day
in shares of the company, and also to restrain them from
allotting to them elves, or to any one on their behalf, any
shares, or from selling or disposing of any.
There are many defewlaata to this bill.

Mr. Selwyn, (4:C., and Mr. Ronburgh appearei in suppost
of the motion.

Ilia Honour declined to grant the injunction an applied
for exwte, but pea leave to nerve WWI of motion for
Thurn&y next.

IN RI THE LIT! ASSOCIATION OF !NOLAND (UNITE).
This petition prayed the usual windiscup order molest
the oompany.
Mr. W. R. Ellis (with hint Mr. Selwyn) asked that it
might stand over till pert petition day, to amble the peti•
timers to answer an affidavit filed by the company.
Mr. Flagg&llay and Mt. C. W. Crouch, for the company,
&mated.

liis Hormuz ordered it to stand oar woordingly.

COURT OF BANKRUPTCY.—MARCH 5.
(Beton) Mr. Commissioner Goulbws.)
IN 11l 7IC6AAIAH C. PLUM,.
Mr. Lech• address to the court on behalf of his clisat
was adjourned to the lext sitting, on Friday next.

the road near Dartmouth-street-bridge. She had received
a pistol .hot in the cheek, and died on the following day
without being able to spat so as to give any account of
what had occurred.

Mr. fierjeant Brien commested u provonation
the prkoner had O'received. Who knew wponhatthe had happened
ea
the fatal evening? Perhaps he might hare seen pomm-
els( which so eanned him that he executed instant ven-
o his wife ; or, on the other band, the death of the
m deceased might have been sonelentth
The jury retired to deliberate for about a quarter of an
hoar, and then regorged into court with a verdict of Guilty,
accompanied by a strong recommendation for mercy oa ac-
count of the provocation which the primer bad received
at the hands of the murdered woman.
Upon hearing the verdict, the prisoner appeared to wake
up from • state of stupor, and there ensued one of the most '
distressing scenes that have ever hese witnessed in a ooart
of justice. He said—l may be allowed to say a few words
before lam condemned to die. I have kept company with
her for more than three yean, and during that time there
is no Milk on earth that loved • girl better ; and all that time
she loved another. I married her, for she said she had no
borne to dwell in. I said, Sarah,
rah, hers a good home, and
will you share it ? She mid, 'George, if you will give me
one chair and a stool I will dwell with you till the day I
die.' We were monied on Christram-day, as they have
said. At night she said she was poorly and went home to
her mother, and on Satorda7 night she slept with Martin. She
came to ma again after being in bed with that man, Is
there a heart of a man in a Christian land who will condemn
or mangle the condemnation of a poor man order such cir-
cumstances! When she said to me in the presence of her
I mother that I had threatened her life, she said also with •
sneer, " The first child that is born shall be fathered os
you and yon shall not be the father of it." Whoa I am
dead and gone, there is no one here who will my that I
harmed a hair of her head. If Martin Joy were here he
would not deny what I my about him. Let my pinata
visit me, and let my friends visit me and pray with me
in the condemned cell, and let me then rise to the
throne of God and be judged by our Lord Jesus
Christ. 1 shall then see her where no man can ten, her
from me. I hops the Lord will pardon my sins, and take
me before the time •ppaated for my execution into • better
world. I say candidly that Martin Joy has been the ruin of
mulife, that might have been comfortable and happy.
The poor wretch then fell, in • (aiming (medium, ieto
the arms of the warders. The scene in court daring the deli-
very of this address was indescribable. Every one present
was visibly affected, and the woman who thronged the gal-
lery sobbed aloud.
As soon as the emotion had in some measure subsided, the
learned judge, who appeared much moved by what had taken
place, passed sentence of death upon the prisoner.