The Express.
London, England, 1863-02-13 00:00:00

COURT OF COMMON PLEA&

Sittings at Nisi Prins in Lodon.—(Bolors Lord ChielJustios
Erie end a Specisl Jury.)
8013121688 or TB! COURT.

nil WSJ the Ent day of the sitting in after term,
and the list contains 110 entries, of which 46 are merited
for trial by special juries. 27 of the Mies are remeinete.

- LISWILLIN V. WINDILLIL -NIL WINDHAM AGAIN.
This was an action to recover an amount due for rent,
dis., and the defendant paid 254 into court, and in addition
pleaded infanor.
Mr. M. Chamber, and Mr. J. C. Mansell appeared for the
plaintiff ; and Mr. Kerslake end Mr. D. Keane for the de-
fendant.
The eau was down for trial on a previous occasion, bat
only eleven of the special jurors answered to their names,
and as a tales we. not prayed, the trial went off for default
of jurors. On the present occasion also eleven of the jurors
answered, but at the request of the plaintiff'. counsel the
cumber was completed by the addition of • common juror.
Mr. Chambers, in opening the use, said that the plain-
tiff was in the occupation of a house in Duke-street, St.
James's which he was in the habit of letting out in
apartments. M. William Frederick Windham was 'gentle.
man whose name was probably not unknown to the
gentlemen of the jury, and he was now sued to recover
1091. 14s. Id., of which 1601. was for rent, 31. Os. for
attendance, and a balance of Recount 61. Bs. 10. The de-
fendant had formerly lodged with • lady named Shentoo, in
the vicinity of St. james's-square, and when he went to her
again in 1861, she said that her apartment' were
occupied,but she recommended him to the plaintiff. Mr.
Windham went there, and from the 27th of May to the
24th of June be occupied apartments at the defendant's at
two guineas a week. Mr. Lewellin had other apartments,
which heist to gentlemen by the year; and as he did not
wish tohave Mr. Windham as • weekly lodger, he spoke
to him soon after the 24th June, saying that he
could not let him continue as a weekly tenant, and that if he
remained he must take his apartments by the year. It was
therefore arranged that the apartments should be
taken at 1001. a year, and 7s. a week for at-
teodance, when Mr. Windham should reside
there. Mr. Windham occupied the apartments until
29th August, when he suddenly went away, saying he
should be back again in half an hour, though he did not re-
turn, and, in fact, on that occasion got married. It was not
necessary on the present occasion to introduce any of the
annoying circumstances conoczted with that marriage,
which has since become so notorious. Mr. Windham
gain occupied his appartmenta, but he kept his
streetcloor key, and there were some letters which showed
that he retained legal possession of the apartments.
On the 12th September Mr. Windham wrote "Dear
Lewellin, please send the wine at once. Just
drop a line, and I will send for it. Send to
Victoria Station, Norwich. Please send all my things."
In answer, Mr. 1 owellin wrote " Dear sir, agreeably with
your request I forward the whole of your things by rail,
and I hope that tney will all arrive safe. I also
beg to inform you that on the 30th of this
mouth (August) a quarter's rent is due for your
apartments in my house. If you should wish and feel dis-
posed to give me permission to let your room I would do so,
and on my getting • new tenant you could, if
_you thought
proper, let your tenancy finally expire." To that Mr.
Windham sent no answer.
[The case was proceeding when our report left.]

COURT OF BANKRUPTCY.
(Before Mr. Comosiesioner Gottlbare.)
IN RE CHARLIE% WILLIAMS.

The bankrupt w“asa-lathe-rmerch-ii;i:of New Weston.
dreet, Bermondsey. This WAS the adjourned sitting for
discharge. The liabilities, as shown by the accounts of
Mmes. Paul and Turner, are 8,2001. ; amt. about MO/.
Mr. Linklater opposed for the soigne. ; Mr. Sargood
so
Crridncipal charge against the bankrupt woe that he
had sold goods on commission for Malin. Barrrw and Son,
of Bermondsey, Mr. Shepley, of Bristol, and other credi-
tors, and bad returned account sales at leas prices than he
had obtained for the goods. This was srbstantially ad-
mitted by the bankrupt, and justified on the ground that
he sold on a del eredere commission, and returned lower
prices in cases where there was greater risk. He thought
be had a right to do that provided be returned as high
• price as the principals had put on the goods. He admitted
that he was insolvent at the beginsing of 1861. It
appeared that the bankrupt had bsea promoted, along

with one of his clerks, for °ow inicy, sad both had beau
acquitted. On sales of 4,1591., the account males showed
• deficiency of 371. only.
Kr. Linklater submitted that the case came within the
7th clause of the 221st sachem, which nude it • mod..
meanour for a bankrupt to keep false books or accourita,with
• view to defraud his creditors.
HO Honour &might that there might be a question as to
the custom of the trade.
Kr. Linklater said that no such element had been intro-
duced into the case; and it was &libel cm the whole of the
in the City of London to say that it was the custom of
the trade to return false accounts to thou principals. He
contended that the bankrupt was wholly disentitled to his
order of discharge, mid that the cue wu one in which the
court ought to exercise its power of imprisonment.
His Honour naked how much had been radioed?
. .. . _

Hr. Oralum, the official assignee, said he had only got IN.
Mr. Barrow, the trade assignee, had received about 20/.
Hr. Kagood, while admitting the untruthfulness of the
accounts, denied that the bankrupt had any intention of
deceiving his principals, so loos as he returned the price at
which they were willing to sell the goods. Without the
sanction of this court the bankrupt bad boon charged before
a magistrate, but he dismissed the charge. Not content
with that, the assignee had preferred an isdietment, still
without the authority of the court, and the result woe the
acquittal of the bankrupt. For the last twelve months he
had been suffering from that prosecution.
The Commissioner —I always act on the maxim, " Nemo
debet his vexari pro modem =noun." I shall not take the
subject of the indictment into consideration at all.
Mr. Sargood said that the sufferings which the bankrupt
had endured in connexion with that prosecution ought to be
taken into account. No acquittal, however honourable,
could atone for the mental and physical suffering and dia.
grace inseparable from having been placed among felons at
the bar of the Old Bailey.
His Honour reserved his judgment.
(Before Mr. Commissioner Fans.)
IY Iti 8i11ar24138 AND NICHOLL—DIVIDIERD.
_ . _

This wee an old bankruptcy. The bankrapte were Feat
India merchants, of Bt. Mary-axe. Their liabilities were
nearly 40,04101. ; the meets are expected to yield a dividend
of between 6d. and la. in the pound.

111 U ANIMUS HOWES.

The bankrupt wee ZneeraUal of fileg Williamatrest.
formerly in partnership with one Riche:dam. This was the
sitting for examination and discharge. Liabilities, 4,9001 ;
meets about 1,1001. There was no opposition. The bank.
rapt passed, and obtained his order of discharge.

(Before Yr.

Hoiroyd.)

The bankrupt, a publican, of applied for
his order of die:harp. Debts, 6321. •no assets.
Mr. Reed and Mr. Murrough oppc'esd for creditors. It
appeared that the bankrupt had bow sppointed executor
under the will of a Mrs. Stuart, a relative ; but it
appearing that she was a married woman, he took out
letters of administration, and had got possession of the
LlZ:ty, part of which was the lease of the house in
er-street. After instituting two mats in Chancery,
and an action at law, the bankrupt had offered to give up
possession of the house on payment of 301. Hs kept posses-
rims, as executor of Mrs. Stuart, whose funeral expenses
were not yet paid.
His Honour passed the examination, sod adjourned the
order of discharge until the questions pending under Mrs.
Stuart's will were settled. . .

In the course of the hearing a man who appeared to be
strongly interested in the CYO on the side of the bankrupt.
and who kept interrupting the proceedings was forcibly ex-
pe lied by order of the court.

THE POLICE COLJRTS.
(THIS DAY.)