The Express.
London, England, 1864-12-21 00:00:00

THE EXPRESS, WEDNESDAY EVENING, DFCEMENR 21, 1884.
NAVAL AND MILITARY. i LAW INTELLIGENCE.

Am inAiry, DEC. 20.—APIVINTIONTS. Lieu-
tewtota : J. W. F. Harvey and W. P. Barron, to the Ex-
cellent ; L Geovete, to the litberoia ; C. B. Moberly, to
the Irrenetable ; W. IL Mager, to the ; C. Yam;
to the. Cmiama ; C. C. Jones, to the ; R. L Byog,
to the Excellent.

: I. A. G. Roberts, to the Cadmus ; B.
B. Wilkinson, to the tlightlyer.
Midshipmen : J. E. Harlow°, J. W. de Caney, F.
Codrington. and J. G. 11 tutees. to the Highllyer ; K. P.
Humpage, H. A. K. Murray, 11. It'Cansland, and E. P.
Brooks, to the Cadmus ; C. R. Dawes and H. K. He land,
to the Prisons Royal ; G. Bedford, to the Achilles ; L. M.
Kirwan, to the Duncan.
Naval Cadets : P. A. Parson, to the Duncan ; G. W.
Hill and S. H. Kay, to the Cadmus ; P. H. Herring, to the
Highdyer.

PORTSMOUTH,Dre..S),

The Achilles, 20, iron screw frigate, Captain E.
W. Vaneitiart, got under weigh from Spithead this after.
noon. arid steamed down to Cowes, for duty as guard-ahip
during the Queen's sojourn at Osborne.
The Ilighiber, 21, screw corvette, Captain T. N. S.
holey, will be undocked to-morrow. We uoderstand she
has bad no difficulty in entering her petty officers, nearly
the whole of the vacancies having been filled up by Saturday
last. She will receive her complement of seamen from the
Duke of Wellington, which ship has now upwards of 300
men for disposal. the majority of them being continuous ser-
vice men avail.ilde from ships recently paid out of commie.
slot, and who have returned from leave of absence. There
has, moreover, been a manifest desire on the part of many
men to enter on board the Hightlyer, which is shandy ship,
and it has for some time past been understood that she was
intended for service on the Cape of Good Hope station.
Experience has proved that seamen will not enter for such
Teasels as the Victoria while there is a chime of getting •
ship of the Iliglitlyer class.

WESTMINSTER GENERAL DISPENSARY.

COURT OF QUEEN'S BENCH.—Dac. 20.
SECOND COURT.

Mts. Term Nisi Prins &tamp at OatlithalL —Motors Mr
Justice Blum sad a Camino* Jury.)
NEKTON V. ROBS AND LIXOTKIII.

This was an seta= of trespass, in busking and entering
the plaintiff's premises, in which he carried oa the business
of a wins and spirit Imuschant, , and situ►te at the corner
of Susses and Winchester streets, Pimlico,;and also for an
illegal sale of stock, &c.
Mr. 1). Seymour, Q.C., and Mr. H. James were counsel
for the plaintiff ; Dr. Keenly and Mr. Kemp were counsel
for the defendants.

.-The pTaintiff, who claims the premises, is the eon of
Mr. Newton, who was formerly a member of the English
bar, and his casebar, was that iii the early part of this year he
and his father left England for Algeria, relative to the pur-
chase of a cork forest in that country, but before his depar-
ture he placed his brother-in-law, named (Maypole, ori the
premises as
.his clerk, for the purpose of carrying on the
business daring his abeisooe. On their return plaintiff found
' the defendant, the well-known auctioneer, m possession
under a bill of sale given to him by Claypole for an advance
of money. The plaintiff disputed toe validity of the pro-
ceedings, and he took possession of the premises whilst the
defendants' men were absent. Defendant and Claypole re.
gained possession, and then Claypole and his men turned cut
the plaintiff's men. The furniture, stock, were sold by
the defendant Roby for 1301.
The defence was that the house and premises, together
with the furniture, stock, be., were cot in the possession,
and did not belong to the plaintiff, but to Claypole. His
name was painted over the door, and the invoices, together
with the reosipta for the rent and taxes, were made out in
his name. A letter was put in and read, 30th April,
1864, from the plaintiff to a man then carrying on the busi-
ness for him. The letter was in these terms :—" Mr. Clay-
pole will call on you to examine the stock which he has
purchased of me, subject to his approval after inspection.
On confirmation you will give him possession on my behalf."
That, it wu contended, was a complete sale of the property
to Claypole. In reply to that it was urged by the plaintiff
that Claypole entered into an arrangement with his sister to
carry on the business on her behalf, rendering her monthly
accounts, and he receiving half the net profits for
his trouble, but the defendant urged that it was
only • portion of the " juggle " whereby the defen-
dant was to lose his money. Mr. Farber had advanced
100/. to Claypole on the stock. fix., but that was repaid by
Mrs. Newton's trustees. There was a second advance by
Mr. Farber, which the defendants' advance paid off. Re-
ferring to the count of breskiog and entering, Dr. Kenealy
said it was but an imagination of the special pleader, for all
that was broken was • miserable pane of glass worth not
more than td. Talk about imagination, he must say be bad
read more imagination in that count than he had ever read
in Homer, Milton, and all the other poets. (Laughter.)
Before April 30 negotiations passed between the parties
(admitted on both sides, relative to Claypole's purchasing
the business.

The cue involved a great many collateral questions, and
the evidence was very conflicting.
The learned Judge, in summing up, said the question
was whether, when t►e defendants, Roby and Claypole, took
OffeS9loll of the. house and furniture, &c., they were the
plaintiff's property.
The jury returned a verdict for the pl►intiff—damages
350/. for the goods, and 501. the trespass—together 4001.

1,0001., the bankrupt giving him 3.6 d. for each aoceptance.
One Smith, of Briibtos, for the same payment bad accepted
to the utast of 9001. A boy in his employ, named Ashley,
13 years of age, receiving 10a. a weak, had accepted for
8811. Marshal, another lad, had accepted for 7241. ; and
Bye, 18 or 19 years of age, had accepted for 9001. These
were came el peculiar atrocity, se iatroducdng youths into
the mystery of commercial (muds. The assignees asked
that the order of discharge should be wholly refused, sad
that the bankrupt might be notepad to imprisonment under
the 221st section. _

The bankrupt stated, in 'newer to the court, that he had
been bankrupt in 1858, and got an immediate second class
certificate. He began business immediately, and got on very
well for two, or three years, but bad since been living from
hand to mouth. Altogether he had been in business twenty
JOWL
His Honour said that the charges ag►inst the bankrupt
had been fully eatabliabed, •od be could not help saying
that it was one of the worst cases of accommodation bills
that had been brought before the court. It was quite clear
that the bankrupt had been guilty of carrying on trade by
fictitious capital, and of contracting debts without reason-
able expectation of being able to pay them. He had put
in circulation accommodation bills to the amount of 13,0001.
in about twelve months. After his former bankruptcy,
in 1858, he appeared to have gone on well
for a time. and bad not departed from the ordi-
nary course of trading ; then, unfortunately, according
to his own account, he had recourse to • regular
system of manufacturing bills. Many of those bills were
drawn upon persons who were quite irresponsible, some of
them receiving only • few shillings • week. Nothing could
be more injurious to the commercial public than such a
course of proceeding. The bankrupt stated that be bad
been twenty years in business. It was the more to be re-
gretted that he had given way to such a system. The court
was bound to visit the bankrupt with severe punishment.
This was • worse case than that of experts Barker, decided
by the Lord Chancellor. There there were mitigating circum-
stances; tut here it was impossible to feel anything like
pity for the bankrupt. Having regard to all the circum-
stances, the court felt bound to refuse the order of discharge,
arid to award that the bankrupt be imprisoned for six
months under the 159th sec. of the act of 1661.