The Express.
London, England, 1855-06-04 00:00:00

....--,.......etw•••••••"'"-----
tics Mare. Blair sad Gold had maven as to the ex-
hales of the marriage settlemeat, mad it was net with the
sth of J sly felleming that Messrs. Baxter war made aware,
host notice they ifeeeleed from Meows. Blair and Gold, of
then satsuma' ei the maga.. Messes. Blair and Gold,
darig these negielellimm, emeeeled from the defendant the
loot that they base ad the 'Mame of the marriage settle.
Meat, and it weight fail the 3cd et July, 156 t, they threw
Wff the y_ ealmorweed legal memediage ea the part
Attie Whist*, dokadent.- Whoa the pram war
awed a serreentodiss. took Ise es the eskiset et obtain-
ramauctreasese en the security, mad • vegan was made by
Baal ant to bastes en the asseftm oft by so
&aft they mould reedit it seaway ke the 1111 Mt to
Make an avant of his property tee OM bait of all
hie creditors. Notwithstanding, the aka wee proceeded
with, sad the ale stood for trial at the weep
Anises
early in Asp& Oa the 3rd of August, lir. Baxter and
3b. Blair met et the/bed, and had a conversation, which
resulted in as agreement being entered into to the
effect, that is masidsration of the record being
withdraws, • deal *send be prepared aid executed, con-
veying to the oisdir Ms& ligoieses life interest in the
property whisk bad been alien as that lade previous to
km suarrisgo. This screasent scatained a proviso that U'
this armagesseat was not anion out within two months
frees the date of the document, Messrs. Baxter were to
withdraw the plea, and suffer judgment to go by default
against the defendant. To this instrument was appended,
in the first instance, the signatures of " Blair and Gold,
plaintiff's attorneys," and " Baxter and Boa, defendant's
attorneys." Mr. and Mrs. Spencer appeadeft their mama
to this document afterwards. The 11111111114 NOMA Saba
mined that Messrs. Baiter and Boas bad set ads them-
selves personally liable by signing that agreement. They
were only the agents of the defendant, and had, as was clear
from the mode in which they had signed it, as " defendant's
attorneys," only intended to convey that they were such.
Was it likely they would make themselves responsible for •
man who was evidently in such embarrassment? No; they
had only signed for their client He held In his hand en
affidavit of Mr. Baxter's, in which that gentleman stated
that he had only signed for the defendant, and that it
was a mere afterthought of MOSUL Blair and Gold which
induced them to obtain the defendant's signature, as they bad
sigced for the plaintiff, and Baxter and ficn had signed for
the defendant No 'suggestion had ever been made to Mr.
Baxter that the defendant should attach his name to the
document. Man. Baxter had done all in their power to
obtain the discharge of the mortgage ; they had gone as for
as to lay the case before a conveyancer and an equity
lawyer, so aa to have their advice ; but after considerable
delay and voluminous correspoadence, they were advised to
apply to a Court of Chancery, as there was some hiteh about
the now trustees. Them was a covenant in the deed Is
settle some Irish estate', which were is reality Irish sates,
as he believed they were not in existence at all. (Lushest.)
The defendant was prepared to execute any security that
could be suggested, and that gentleman had offered to ap-
point Mr. Gold a trustee of the marriage settlement, with'
the view of obtaining money to pay off the mortgage, bed'
he had declined to accep the trust. Negotiatica
went on for some time, the difficulty of going 1
to a court of equity being obvious ; and it was
not till Much in this year that Blair and Gold
wrote to Meurs. Buter, saying they had lost all ear
fidence in Mr. Spencer, and they considered Maus. Bas
ter's signatures the only material guinea that tie=
sensed for the discharge of the mortgage. To this
Baxter replied that they did not deem themselese penally
liable. There was no distinct application ever mode to the
Messrs. Baxter to withdraw the plea until IS execution
had been levied on the defendant's property, aad then it I
was understood between the tomtits that he and his wife
were to make an assignment for the benefit of his creditors.
In this state of things Baer had refused to withdraw the
plea, as that would have been a fraudulent preference, and
in conuquence of that refusal the plaintiff had applied to
this court to compel Mears. Baxter to do so, and further
to ascertain the damages that had been sustained, and the
costs incurred, as between attorney and dust. The learned
counsel submitted there had been no neglect or wilful de-
fault on the part of MONIS. Bixter, and therefore the,
mart would not grant the rule. There was not a tittle of',
woof that the plaintiff could have obtained anything
by his verdict, even if the plea had been with.,
drawn. He hoped he had brought this most important,
dee hilly before their lordship', and he trusted Messrs.
Baxter and Bon would not be called on to peeler= the un-
dertaking, and that the rule would be discharged, as there
-u no se of a similar nature in which the court had in-

terfered.
Mr. Mellor and Mr. Phipson followed on the same side.
Mr. Baron Platt—lf an order had been made at the ea-
gles in the form of an ceder at nisi prin., all this difficulty
would not have arisen.
Mr. Bramwell (with him Mr. Sumner) said he appeared
in support of the rule, and he wished at the outset to state,
that when he moved for the rule he imputed no fraud to the
defendant's attorneys. The learned counsel was proceeding
with his argument when,
The Court suggested that the plea should be withdrawn,
and the canoe g, for trial. They had no power to compel
the parties to e before the Muter. The learned counsel
could pin nothing therefore by proceeding with his argu-
ment. The role must be made, absolute to withdraw the
plea.—Rule absolute accordingly.
In a ease from the new trial paper—Heydiru o. Bibby—
the arguments in which have occupied the court the greater
part of four days, and have not yet concluded,
Mr. Baron Alderson, on the Olin of the court, said,
that if cases were to be conducted in this manner the busi-
ness of the country could not be got through. It amounted
to a perfect farce ; there were nearly four days spent in the
arguments in this cue. In former times it mu the custom'
for the junior outset to argue, alone, on those points which
had been overlooked or omitted by their leaders, but now
no such practice prevailed. The same arguments IMO re-
pelted thrice over. There must be a rule of Gout to put a
stop to this waste of the public time.

MARKETS.

COURT OF CRIMINAL APPEAL.--.lms 2.
rasserr—Loll C•1011CLL. IL la RON ALDIMPON, 1116
OIL WM purr, MID WIL JCSTICI CROW DZIL
Tall QUINN V. INITEL.—ZICIIYII4O BTOLIIt rnorzsgv.
The prisoner was indicted at the Brighton sessions before
Mr. Edwin James, the recorder, for feloniously receiving a
watch, t
property
the property of John Nelson, well knowing the same
to have been stole'. The facts disclosed at the trial were
as follow a the niht of the 12th of April the prosecute'
was at theO Globe public-house, in company with a &V
named Charlotte Daman, several other prawns, amonrit
whom was the prisoner, being also prtsent. While drinking
there, the prosecutor's watch was stolen, and he charged the
prisoner with being the thief. A policeman who was called
in made a partial search, but the watch was not discovered.
The peosseutor then left and accompanied the girl Duman
to her room, and after they had been there some time the
prisoner came in and asked Nelson if he had bees at
the Globe publishouse and hadlost a watch there. Nelms
having replied in the affirmative, the prisoner said,
" What would you give to have your watch bask
again I" The prosecutor replied he would give a sovereign,
on which the prisoner said, " Well, then, let the young
woman oome along with me, and I will get you the gnash
back again." Duncan accordingly accompanied the pri-
soner to a room, where they found a man named Rolland',
who had also been at the public-house. When they went
in there was no watch on the table, but in a short time it
was sees there by the girl, who had all the time been talk-
ing to the prisoner, who told her to take the watch and get
the sevessiga. She then went to the prosecutor, followed
by the primer and Holland*, the latter of whom asked for
the reward, and Nelson gave him half a crown. The pri•
sour and Rolland. then left, and the latter subsequently
absconded. In summing up the evidence the learned Re-
corder told the jury that if they believed that at the time
when the prisoner went into Dunean's room and spoke to
the peeeecutor about the watch, and took the girl to the
sea where the watch was given up, he knew it had been
shim and it was within his oogaiseass in the onetody of a
over whom he bad absolutecontrol, so that at his
=the wet* wait be given up, the evident* was sail-
duet kr a essvidien. The jury found the prisoner, who
hi the preview day boos acquitted of stealing the wee*
geMit et felesionsly resetelag it knowing It to have been
end said that altbsegh Holland. hadp=sio• of
tho woke it was undo the control of the . The
iimisisit desired to havtle the opinion of the court whether
en 'w him was rio
Mr. Comm os begulf of the elver,tended that the
pima wee the thief, and sot die res and that there
weer good that the watch hod been la his pommies.
The Omni boil Mot the dinettes eli the loused murder
wee nammilumbloj end tint the asvielles was right.
Manual poormies or the Metes poverty was set •
mad if the omit held it ems, the doctimmeold blesa=y
Mared to all the vws of stoles property in the
os. There was ample mimeo to justify the verdict.
It was well been. that UM were maplomd by other, to
commit thefts, as In the owe K Jonathan Wilde, and Hol-
land& might have boss is employed by Smith.
Conviction aMromd.

WOOLLIIII CLOTIL-Loma, Jona 1.-Wit have bad a steady
buteetamhiglayosisloof
igelayohos:myeaeliltnisllseinritthaUs.e.
morig, and had Rat with a captain who had large Iran- ',mks wag ma, sonainatod, where an advance of 2d. to 20. per
hadliabeErwialassiseadolaws:rgeltztille daeob*ctalkingksatthatil mutrglitatristmecallitearrismantarroodsnmccablibaresuireositablbasthiNve.k'driddithodomakmwintob"finntradEltneeD"ve been
to
titles of gold to dispose of. Se then produced %estate of tewhab. as Otinahasaw memornewwescommtabteem.tabedTh.
,Thar:h:thotkeethrerof cloth in
the gold. It was granulated, and I add it was t • _
to . a
sad
the
etate
of
the
Imam
tads
Is
on
the
ben whole eathiestery.
Ili ane a t gold.
the H e
party e 'l_
hit, sou,
d h 0 h
ga sad ---.
deceived. I told him the best way would be toa meet the ~..,,,.. „,____,„„.
.I,,ws 2.... w. dress report aeon
thitatinitteahr state hebi ehladbnirme. ralli
gni
sample and have ft assayed. He said he was not stbeeini_ ireplTe -11...stiwanr.—the sten etbstais.trade seiffisronestdokamtshb Isss is ail:
to mit it, and that he mist take it back to the party, sad mamegjoipig walk al
lf he could induce him to allow hints commission, heaculd erzdataineweelsourfeesige.
imaceasteimitoselfo.....come_ I:......._7_ten.ueseseente......,____nvm._ Iwm I
perhaps be bock in the afternoon. I have sot Kea him
sacs until now. The gold he brought on the sewed name 0111...11.2111'-....1?-se.. *sili saris i'1.2...."r7t0me—...,_4"...84Akemebe;
lion was very different from that which ho brought on the zrz.-..--i-,z,-, kik tir,;;;imi,"77,7 1 a boor
first. It was very inferior. I hue disposed of all the gall t
ees sod mem, dreusions mown e, pin tan bad that
I purchased of him. trees will gradually revive as the pmeasse eieriese. Iteesat ad**.
Croneurained at great length by Mr. Lewis, solicitor to nisi to the ervidool rod's' of oominsmila am"' 12 the United
the prisoner-I heard anythicg against the prisoner, asks; fel wool* Psi the oldies ism WS Plels, Isis buss an
beinsminel. It WHIMEN &MOM to be all bat ISMa that the fall
and I would not have dealt with him if I had not thought testa bask ~,,, A...... sad will ma. ~. hr the ....ika
him to be an honest and honourable man. Hs did not sell fkk iss:',Ziami—Todig th, bit fin of di'mostbs. yr";:the
to me gold within the last twelve months, irrespective of dam goVn-rnaa gm Nee Nub Ie NW slowly rec.:WNW. lbws
the gold I purchased at the time I have stated, to my know- Is a mai Man dad ibemennisctured iron-In_ not It Is =
ledge. The transaction took place in the open shop, and dmanlyspeeelative, bat the osissooditY Suds sfir:strii wow
there was no concealment whatever about it. oat prime ere firmer and for moms
Michael Hayden (the detective officer, who apprehended Um eLimiarterwo.thir-dari:ofAtththee
tugisafellielltiatillabime,t.however, there are sot
more t
the prisoner) said that he had no other witness ready, an
swayer who was to have given evidence having been seised
with sudden illness, and obliged to leave the court. ne
I requested that **prisoner might be remanded for a few
Idays more
tini order that he might have time to proceed fur-
ther withinvestigation.
Mr. Lewis then addressed the bench for the prisoner' and
esatended that the statement of Mr. Sutcliffe, who bad been
brought forward at his suggestion, showed that there was
no ground for the charge, although that witness bad been
summed upon the part of the prosecution ; that his client
had expressed and shown the greatest disposition to have
the strictest investigation into his conduct ; and that if any
thin could have been adduced to his disadvantage, it mast
have some forward after the publicity which had been
gteen, and the exertions of the ingenious officer who ma-
gaged the caw
Alderman Wire said, it was his decided opinion that the
case demanded farther inquiry ; and the prisoner must be
remanded.
Bail was then again refused for the appearance of the
prisoner on a future BOW d he wae accordingly remanded.
STRBRT.
John Smith, alias Newnan, a returned convict, and John
Connor, both under 26 years of age, were charg d e with a
violent outrage upon polite-constable Wyse, F 117.
The assault arose out of an affray in Charles•street, Drury-
lane, on the 30th of May. The complainant endeavoured to
disperse a gang of thieves who were creating a disturbance
there, when he was knocked down, kicked, and cruelly be-
laboured over the head with his own truncheon, which
Connor drew out of his pocket while he was struggling with
Saab. The constable was taken to the hospital, and had
been since unable to resume duty Smith was apprehended,
sad charged at Bow-street the following morning ; when
Inspector Mackenzie informed the court that Smith was
convicted of a burglary in Great Queen-street in 1851, and
sentenced to seven years' transportation. He was liberated
three years afterwards, upon the recommendation of the
prison chaplain, receiving the usual ticket of lave; but
ever since that time he had been the associate and abetter of
the wont clan of thieves in London. In fact, said the
officer, the neighbourhood was now completely infested with
" ticket•of• leave men," who were training up young thieves
to their own profession.
The magistrate requested Mr. Burnaby, the chief clerk,'
to communicate these facts to the Home Secretary, and he
noommended that Smith should be sent back to complete
**original sentence against hint. For the present offense
Ms worship sentenced him to one month's hard labour. The
wend pelmet% Connor, who was apprebendcd by warrant
a week afterwards, wes committed to prison for a similar
term.
Marks Wilkinson, who, with his brother and a Journey-
man, was charged with having • quantity of stolen leather,
uppen and boots, in his possession, Winging to one of the
contractors for the Crimea, was fined Si. for unlawful pos-
session, and committed for one month in default. The other
defendants were discharged.
JLAHYLBSONE.
A mesa named James Brown, described as a carman, was
placed at the bar, charged with the following robbery :-
A gentleman named Huxley, accompanied by his wife and
infant and Bliss Honour, a nurse, came up on the previous
day from Yorkshire by the Great Northern Railway, in
order to pay a visit to some friends in Thurloecquare,
Bromptoe. On the arrival of the express train at night a
cab was celled, and the party took their places therein, the
thine Wag demised to make the best of his way to the D-
OWN. Si whisk he was directed. Various packages having
Wm plassiliersathe roof of the vehicle, the driver, with-
out lose Otis', proneded on his journey, when prisoner
kept up whit the cab for • coasiderable dist= le, at • ne-
stles pees; and in Duke-street, Manchester-square, he
pulled from the top of the vehicle a box, which he carried
to, and sat down is, a doorway. His movements were
watched, and on a constable, to whom information had been
given, approaching hint, he started off leaving the box where
he had placed it. He sou pursued and speedily captured.
ITU box belonged to the nurse, and it had in it wearing
awpanl and other property to the value of about 201.
The prisoner was remanded.