The Express.
London, England, 1863-05-28 00:00:00

COURT OF COMMON PLEAS.

Sittings in Bance.—((Before Lord Chief Jusilo- a Lis and
Justine@ Williams, Willa., and Byles.)

ALLEGED MISCONDUCT OF AN ATTORNEY.
Mr. Garth applied (or a role calling upon an attorney of
this court to show muse why he should not answer the
matters in the affidavit, and added that there wee another
application pending against the same attorney, and'
in reference to which the master would make his report
in a few days. The affidavit which he now moved
upon dated that upon various occasions since 1853 Mr.
Bpraggett, a farmer in the county of Warwick, had banded
the attorney sums of money, nuking in all about 4,5001.,
for investment. The attorney invested 2,5001.
mortgage of an estate, said to belong to a upon
Wilson, but it afterwards turned out that instead
of belonging to Mr. Wilson, it had been purchased by
the attorney himself. and he had previous to
the advance of the 2,5001. mortgaged it for 1,8001.
In the course of proceedings in Chancery it tweed out that
Mr. Spraggett's security was worth nothing. On complaint
being made to the attorney he said that he had a veritable
hood for 5,0001. given by Mr. Meiklem, upon some Scotch
property, and he would give Mr. Spragptt that bond
in exchange for all his securities. Mr. Swiggett
went down to Scotland where the attorney showed
him a fine estate which wu said to belong to Mr.
Meiklsm, and Mr. Spraggett was induced to eh his
securitiesfor the bond. It now turned out that Mr. -lam was insolvent in 1859, and had since become bankrupt
and it had been decided in the Scotch courts that Mr.
Meiklam's interest in the property amounted only to 3001.
a year. Having this interest only, he had given bonds upon
it to the extent of 106,0001., and they had all been regis-
tered. These were all dated prior to the giving of the
5,0001. bond, which had not been registered.
Bute granted.

COURT OF PROBATE AND DIVORCE.
(Before the Judge Ordinary.)
The new cause lists have just been published. In the
Divorce Court there are 114 ceses—en increase of 25
over the number which were set down for trial at
the commencement of Easter term. The present
list may, however, be reduced by 10 traits, which
stand over, or are part heard, or are stayed by
order. Of the 104 that remain, 5 are petitions for
restitution of conjugal rights, 1 for nullity of marriage,
1 for a declaration of legitimacy, 14 for judicial separation,
and the rant for dissolution. There are 13 common, and 18
special jury cues, and the rest are to be tried before the
court sitting alone. There are 2 pauper cues, and 1 appeal.
The probate brininess is not heavy.
OWIN V. WILLIAMS.
This part-heard cue, which commenced on Saturday, re-
lated to the will of Hugh Owen, late of Dolgelly, in North
Wales, who died a short time ago, leaving property worth
about 2001. or 3001. In support of the iimfammant,Elias Wil-
liams (who took a third of the proceeds after the death of
the deceased's widow) MOM that it had been proper) axe-
=died. The two attesting witnesses, however, declared that
it had not ; but one of them had made an affidavit on which
probate had been taken out in comma form.
(The case was not completed when we went to Kees.)

COURT OF BANKRUPTCY.
(Wan Mr. Cositaissiouer Fano.)

IN 111 •DANIL—ILIVIVAL OT • 111:711:118ZOID
311211UPTCT.—IXTE•0RDIII•RT WC.
The bankrupt was formerly a banker, of Ware and
of Hertford. The bankruptcy occurred in 1866, the
liabilities being very considerable. The certificate
was refused by the commissioner, but the bankruptcy
was subsequently annulled on payment by the bankrupt of
5001. At a recent sitting ailniwoar n was made by Mr.
Lawrence, on behalf of the that the supersedes'
might be eat aside on the grou that it had been obtained
by head. The application was opposed, on behalf of the
bankrupt, by Mr. Sargood, who took objection to the
court's jurisdiction.
His Honour pow gave judgment He said—Mr. rimy and
Mr. Lawrence, describing themselves as assignees under the
bankruptcy of Samuel Adams, have petitioned this court,
dating that Adams was adjudged bankrupt in July, 1856 ;
that, in April, 1857, he passed his last examination, in
which he dated that he had disclosed the whole of
his estate sad effects; that, in May, 1858, Adams
applied for his certificate, which the commis-
sioner absolutely refused to grant, on the ground
that be had fraudulently attempted to aooount for 3,5001.
by saying that he had lent it to one Johustone, which he
bad not done. The fraud was discovered, and the result
was that the commissioner refused to grant any certificate
to the bankrupt Adams, from which judgment the beak-
rupt Dever appealed. Having remained without his certi-
ficate for a considerable length of time, he applied to Mr.
Elsey and Mr. Lawrence to consent to his baukrnptc7 being
anaulled on pa tto them of 5001. for distribution
amongst his lora The petitioners believing, as they
state, that the bankrupt had at WA given up all his pro-
perty to his meioses for distribution, abstained from fur-
ther
opposing the granting of the usual certificate ; and the
result was that, all opposition ceasing on the payment by
the bankrupt of the sum of 5601. for distribution among
his creditors, and the assigner consenting, an order
was made that the adjudication in bankruptcy should
be annulled. The petitioners now say that they have
recently discovered that the bankrupt has not made a full
disclosure of his estate and effects. but on the contrary
bas withheld considerable sums of money due to him before
his bankruptcy ; and they submit that the annulling of
the bankruptcy was obtained by fraud and concealment,
and that the order of the 4th May, 1860, ought to be dis-
charged, so as to restore the petitioners to their original
rights, and enable them to perform their duties. I
am of opinion that the annulling of the ban
having been obtained by fraud and concealmentwkerPt
aunS
and void, and that the assignees are reinstated in all their
original rights, and may avail themselves of all rights and
powers incident to their position as assignees.
Mr. G. Smith, who appeared for the bankrupt, asked
that farther proceedings. should be stayed until Mr. Adams
had bad the opportunity of taking the opinion of the court
awed. The objection was that the court had no juris-
diction.
The

____Maioner—l rainier that the superseding was a
mass of fraud and coocealonot
Mr. Smith—Tkere is no evidence of that.
The Commissioner—My opinion is that there is ample
evidence. It is no use discussing the matter, because I
have given my decision.
Mr. Smith—l don't want to interfere with your Honour's
decision.
The Commissioner—l have given my judgment, and if
anybody chooses to appeal let them set about it. (A laugh.)
Mr. Lawrence--As 1 understand, the practical effect of
your Honour's order is this, that we may go on with the
inquiry which we propose to institute.
The Commissioner—The result is that the bankruptcy la
is no way interfered with.
Mr. Lawrence asked the court to name a day when the
caw might be proceeded with.
The Commissioner—l will name as early a day as you
please.
Mr. Smith—l mart auk your Honour to abstain from
doing au until we lave had an opportunity of taking the
opinion of the Lord Chancellor. Mr. Adams has been in
business three years. and has acquired new estate, and the
question is a most important one to him.
The Commissiooer—My answer to all this is—there is my
decision, and there is a court above which will set me right
if I am wrong.
Mr. Smith—Exactly so. All I ask of your Honour is to
give us the opportunity of going before that oourt.
The Commissioner— I won't hear anything more on the
subject. I have given my decision, and if you are diesatim-
fied with that decision you can appeal. Igo on the assump-
tion that the 'opened's' being obtained by fraud is good for
nothiog; fraud ritual.' everything.
The Bth of June was then fixed for proceeding with the
inTe7r. Sargood. afterwards appeared, and referring to his
Honour's deciaion, asked him to make an order in such •
form as they could appeal against, and his Hon our pro-
mised to do so.

THE POLICE COURTS.
(THIS DAY.)

BOWAITILF.ET.
seiminn CONDUCT 124 Tilt PARC.

Edouard Los;, ;-intochroui 2,7ritter at Giroodin's
Coffeehouse, in the Haymarket, was brought before Mr.
Henry, charged with iadeeently exposing himself to two
little girls is Bt. Jansea's.park. As be spoke Engliab very
imperfectly, Mr. A. Botulism was engaged to interpret.
The prieooer was defended by Mr. Abrams, of Bow-street.
The two children, who are about 11 years of age, deeerlbed
with much reluctance certain dieguetiog 000 duct, which it
would be impossible to particularise in these coinnum.
While committing the offence the prisoner endeavoured to ,1
Waco them to come to him by off °nog them money.
Mr. Abrams said it was duty to lay before the magistrate
• statement which the prisoner had rude to him in Frenob,
bib* effect that he had not intentionally eels ibited himself to
the children, but that they, against his will, had approached
and surrounded him. He bad, iu fact, retired to a @pot
where he thought himself sheltered from observation, but
they came upon hint unexpectedly.
Mr. Hairy said this was ccmpletely answered by the
circumfuses that he offered the children money.
After spin oo•sultiug his client, with whom he had a
lug euiverastio• in Preach, Mr. Abeam, said the prisoner
alleged that the asked him for mousy, sad he wee about to
give it to them to get rid of them.
Mr. Henry did not believe that Matetnent. He wu con-
visaed that the children were speaking the truth, and he

bed so doubt that would be Use view a jury wookl take
et it. . .

..Mr. Abrams said he felt himself bound to submit the
prisoner's statement to the court. But he found that it was
impassible to contend with the evideooe, sod he should
therefore dries the prisoner to plead guilty, and he hoped
that taking into account his previous good character the
magistrate would consider that a summary conviction would
be sufficient to meet the justice of the class.
After hearing witnesses to character,
Mr. Henry said he should not have consented to impose a
' penalty of three months' imprisonment with hard labour,
which was the utmost he had power to inflict, but which
was, in his opinion, wholly inadequate, but that
he felt it was a painful thing to expose these
very young children to be examined over agile
upon these diegustiog facie in • full and open
court. It wee distressing enough to be obliged to cell upon
them to give such evidence even once, sod before the cam.
paratively small number of persons now present. (The
open bad been cleared at the commencement of the pro-
! ceediap,)
The prisoner here made • statement in French, repeating
all that had been said by Mr. Abrams.
Mr. Henry— If you say that you are not guilty you have •
right to go before a jury.
'rho prisoner said he was guilty. He ',lobed to
.
leave the matter in the magistrate's hands, and he would
never commit himself again.
Yr. Henry—Then I shall commit you for three months
with hard labour, and I hope I am not violating my duty in
taking so lenient • course.

MARLBOROUGH-STREET.
ISTRIIIMATIC ROBBING OF CHILDREN.

Mary An; Wifliawe, ayouniwomaX7 was charged before
Mr. Knox with robbing a little boy named James Johnson
of • par of boots of the value of 5e., and also another little
boy named Thomas William Osborne of a pair of boots of
the value of 4s. . . .

The prisoner was apprehended yesterday on leaving
prison, having been committed for three month' by the
megistrate at the Marytaboos Pollee-court for a similar
offence, and although only two charges were now preferred
against her, it wee stated that there would be several
others. It should be stated that the robberies took place
before she was committed from the Marylebotas Police-court,
and the parents of the children robbed not know-
ing she was in custody were unable till the
present time to prefer their charges against her.
It appeared that the prisoner was in the habit of meeting
children and sending them for errands, and then taking off
their shoes tinder the pretence that when she came back
they should have new one*.
Only one case was taken this morning, Sergeant Dods.
worth, 24 C, stating that he should be PrePluisd, if a re-
mand were granted, with many cases against her.
Prisoner said she was guilty in two eases.
Mr. Knox remanded her for a week.
• SCLINE 111 000 KT.
. .

AWL masculine woman, named Cat/urine White, was
cb with being drunk, &c.c.
iZe the °mutable was giving his evidence the prisoner
frequently interrupted him, making use of the most eke.
minable language ; and on the magistrate sentencing her to
seven days' imprisonment with hard labour, she asked
him derisively whether he "could not make it a
month." She then became very violent, and
made a desperate effort to clutch at something,
but only succeeded in getting hold of a very harmless
article--a sheet of blotting paper. Having torn it to pieces
she refused to leave the dock, and flung herself down with
violence. Barnes, the gaoler, however, succeeded indrsg.
ging her from it and got her to the cells, she all the while
conducting herself in an outrageous manner and giving vent
to fearful language. She was charged at this court on a
former occasion and her conduct was then very similar.
SOUTHWARK.
CHAROI 07 zrasEriamourr NY • TILLVKLLCIL

Mr. Robert Atherton, of Atherton-*mace, Islingten, was
ennuncieed to answer sevegal ch►rgga of embezzling MMHG
belonging to his employers, Messrs. William Codner, Hen.
ley, and Son, cider and vinegar merchants, Broadway-street,
St. Thomas's.
Mr. Chipperfiekl, who appeared for the prosecution,
said that his diced were well-known cider and
vinegar merchants, and carried on • very extensive
badness. Some time ago the defendant was introduced to
the firm, and employed by them as a traveller in the metro-
paten district. His duty was to collect orders and
money from the customer., and printed forms and a printed
receipt book were furnished him in the way of business. It
I Ins a part of his duty to pay all money he received from
'the customers at the counting-house as soon as he received
it. A short time ago he absented himself from the counting-
home, when the prosecutors discovered that he had received
medal sums of money from various customers which
he had not accounted for. On the Mad of
August last he received 21. Bs. from Mr. Mille, a
customer, and on the lame day 11. les. from Mr. Price ; on
the 20th of September be received 1/. Us. 9d. from Mr.
Smith, and only accounted for 165., and on the gams day he
received 21. 2s. from Mr. Guard, which he neglected to as
count for.
The defendant, who said that he bad been M, said he bad
received those sums, sad had not been able to see Mr. Hen-
ley. He wee willing to pay all sums he might have received.
Mr. Henley informed his worship that since the defend-
ant had remised those sums mentioned by Mr. Ohipperfield
he had several times been at the countinghouse and seen
him, bat he said nothing of those accounts. There were
other monies he had since received, but at present be had
not bad time to get the witnesses together, as the defendant
had given receipts otherwise than on the printed forms.
The magistrate asked what he supposed the defalcations
were? _ .

Mc Henley replied about DX
The detmdant said he should be able to settle all in a
satisfactory =MOM it allowed.
The magistrate told him he could not be a party to aay
compromise ; and at the request of the prosecutor the we
was adjourned until Wednesday next.