The Express.
London, England, 1864-03-05 00:00:00

LAW INTELLIGENCE
(THIS DAY.)

OURT OF PROBATE AND DIVORCE.
(Before the Judge Ordinary.)
HALL C. HALL AND NALL—DieGIACI7OI. CARL.
Speaks end Mr. J. Y. for the petitioner.
petitimer, Mr. James HA an auctioneer and 'what.
e 13aaburv, Oxfordshire, sued for a divans on Sc.
...lat of hie wife's adultery with his nephew, also James
from whom he claimed 5004 damages. Neither of
wipoodeota appeared, and a jury was sworn merely for
purpose of asesanng the amount of oompamation doe to
cured husband.
•-the took place in 1843, end the parties lived to-
„he very happily for 20 yeses, the wife assisting her
'band ID his business. Is June, 1863, Mn. Hall told the
vta wrier that as the house wanted amain and pointing
„ „um go on a visit to some friends whip the plane was
te • done up." Mr. Hall made not the slightest objec-
,:md she accordingly left horns ; but bottled of pro-
-,,,d1„; to her friends was joined by her nephew, a fanner
luutury, a married man, and SD JIM% her junior. They
.rat together to Brighton, where they cohabited in lodg•
.0. and comported themselves, aooording to the
oewly•married couple. After speeding a month in this
~,, the respondeat returned home, but her husband having
eo,aformed of her conduct refused to admit her, She
'tereards wrote him a letter (which was put in and reed)
redtoe fur forgiveness, admitting that her fault had bees
ibe ble•kest dye ; but suggesting that he need not can
w public opinion, for what was life ? It could only last at
est for a few years.
The :ary found a verdict for 1504 Dem. nisi with

COURT OF BANKRUPTCY.
(Before Mr. Commiseioster doulburn.)
T protractedl 53
Z igt
AEIAH C. Pgaleo
now ea on its last stage, to-
r biriog been appointed for the advocates on the teepec.
to aides to address the court. The bankrupt, it will be
7.embered, was a merchant and shipowner, of Nicholas.
sad Hull.
Br. Lierrance appeared, as before, for the assignees ; Mr.
Baer for creditors ; and Mr. C. E. Lewis for the bankrupt.
yr. Lorrance merely repeated what he had said on a
-er ,w,aision —that while the assignee, disapproved of
I,,,,kropie conduct, they did not ass that it brought him
the penal clauses.
Bagley observed that this, though the first, would
• not be the last case coming before the court, where
Antrum' would attribute their failure to dealings with
C.afederate States. After remarking on the great en-
incurred in the inquiry, three este of aocountants
been engaged and the imperfect infor-
,-,,0 which the bankrupt himself was able to sup-
, y to his owe transactions, the learned
urged that the assigner themselves ought to have
:Intakes the inquiry which had devolved upon individtml
a-ht'm. That they bad not done so was explained by the
..ercient of the bankrupt, that the aseigness were persons
acre al,o engaged in speculations of a like kind with

Lterranes—That the 'aligner most positively deny.
!dr. Earley maid that ooe of the assignees, Hr. Dolmas,
bad been similerl7 engaged, was now bankrupt in Hr.
romissioner Holroyd s court ; Hall and Soo had supplied
.3powarr, which, with other munitions of war, had been
k zed in oue of the bankrupt's ships.
li. C. E. Lewis denied that any such seizure had ever
:en made. _

11-r-liSiley referred to the bankrupt's evieetwe. The
.•aNI *snow, Mr. Wee Wad, bad insured the ships ; sod
Lr. Samuel/oil, the fourth, was raid to hare beau " • little
:united' io the adventures.

Yr. I.Twriiice said that the anis,' ease had supplied goods
the baskrupt just the iron as they would hare dons to
loos else.
.. _

Mr. Bagley Baal there was sufficient motive to restrain
e tilaii,llllo from any very searching irwitdry into the
. and hence the very gentle way in which Mr. Lew-
es hal dealt with the ease. Mr. Pearson had never
n publicly examined in the court until a late stage of
e we. when he stated that he had been in the hands of
r. Lawrance ever sioos the Bth of August, 1862.
Br. Lawrence denied that the bankrupt had ever been
is dint. He had merely acted for the creditor who wished
r:e.rot a petitioa in bankruptcy.
341ey said the bankrupt's origin was a very humble
e—nor at all to his credit—and he never appeared to have
I any considerable capital. In 1858 he had
:te.l a post-nuptial settlement, used then pro-
to have a eurplus of 20,00 W., but the books only
:sea 14,000/. From that time there was nothing to show
he had bad any stock-taking or balance sheet what-
—a circumstance not at all favourable to the bankrupt ;
• one was more likely to go wrong than a ;won
thus wilfully shut his eyes. In 1860 his part-
with his relative, Mr. Coleman, termi-
:•l ; still no balance sheet was taken. From
• time to the bankruptcy Mr. Pearson bad indulged in
• -.Kist gigantic speculations. His purchases of ships were
•.ch on extent that it was wonderful how he should be
...el with so much property; but the wonder ceased
:.5 it was known that at the moment of purchase he mort-
-1 the ships to the sellers, and afterwards mortgaged the
...it& and even the cargoes. One purchase of six ships was
• ~,,0601., from Mews. Owned, Gurney, and Co.,
: were secured as above stated. Other two were put-
- ler 55,000(. from the same arm. The ships that
e. purchased were employed in the most hazardous speco-
• .ns, exports to the Confederate States, sedum, result+
been ruinous. In July, 1862, his bills were die-
:wed, sad in August he stopped payment.
•,:ly six weeks were spent in negotiating for a
...promise and an avoidance of bankruptcy, but
• creditors, finding that these were likely to result in
threw the estate into bankruptcy. The total
..litme were no less than 645,4354, against which there
o property held of 320,3164 ; bat the secured creditors
Intel to 447.000/., therefore, lesteed of the estate
tog any benefit from this property, proofs
would come against it, in addition to
of the unsecured creditors for 115,330/. To
-•••• those there were only good and doubtful debts of
•'.. and property given up, 24,33.51. • but although 18
had elapsed since the bankruptcy, only 1,3501. had
-,. received by the assignees. If the bankript's own esti-
•-s were realised to the utmost extent the dividend would
• more than 2a. in the pound. The creditors did not
re that it would be ls. sof vet 6d. Such were thedinestrous
. t. 4 of this gentleman's trading, results so startling that
assignees ought to have brought them before the court.
)prceiog creditors differed from the assignee, as to the
•-....oming within the penal claws. They thought that
bankrupt was justly chargeable with trading
• hctitious capital, embarking in rash and ha-
• •vie speculations, contracting debts without pro-
± means of payment, and indulging in extravagant
—Attire. As to fictitious capital, the bankrupt
t,r years been in the habit of drawing accommodation

• on persons with whom he bad no real traasactions.
-- ...airs of this kind had been proved in examination. On
• 1111,:gs, bill discounter, of Bull, he bad bills running
b-fore the bankruptcy to the amount of 42,1 W/.
security held by Brigp amounting only to
P .1. The result was that Briggs himself had be-
-e banktopt. Those bills were, to ail basalts and par-
• bills without consideration ; and it was the duty of
t- 'rawer, in law and in equity, to take up such bills,
.12 ware in reality a fraud oe the commercial world, and
a lie on their face. After discounting this fictitious
•er in order to raise money, the bankrupt had
Day Mr. Brigp a commission for his acceptance.
.• had also drawn to a large amount on one
• ..oherty, who was now nowhere to be found, and who bad
1 in the habit of receiving 2 per cent. for the use of his
•• e. to •• Newman and Co., an imaginary firm. tyre-
' "el lo O'lloberty, he bad drawn to the amount of 5,000‘.,
-,:ti them a commianion of 1 percent., and no security
,terer being given. This was as pure a case of " kite-
.og "as ever was know,. If ever there was a ales of
' • .ntinu. capital," this was one. is the last three mouths
..s trading the bankrupt had renewed bills to the 0/110%111i
!The case was proceeding when our report left.]

MIDDLESEX SESSIONS.

(THIS DAY.)

- -
Tire
7111::,! amnia meeting for granting the renewals of
i;rit for the Fiesbury division was bald to-day at
to se,con,hosse, C:erkeowell.gnren ; Mr. Weeper in the
. and the following Yr. J. B. Chapman,
T. .‘rthur fiallantiae, and . Woodward.
Pena tee liat it appeared that there wore 508 applicatioos
• tl.e rtu,ral of !menses' seven of which were opposed by
.o-pe. tor ~f the district on the ands of Sunday.
sad sk.