The Express.
London, England, 1864-11-02 00:00:00

GUILDHALL,

Mr. Theophilus Barney, described as of Sobo, Binning.
ham, was summoned before Mr. Alderman Fiords, for having
stolen a bill of exchange for 7001. from Masers. Spyers and
Co. of No. 2, Winchester-buildings, Winchester-street.
Mr. Wright appeared for the complainants; sod 31r. Henry
James, instructed by Mr. John Smith, of Birmingham, ap-
peered for the defendant.
Mr. Wright said—l appear for Mean. Spyers, who are
Australian merchants in a lam way of business, and had
dealings with the defendant, who had made shipments,
to the corresponding firm in Australia, upon which from
time to time they had received advances. The last shipmeut,
upon which this summoos is based, was one of pig iron,
upon which some 41.104 was advanced, that is to say by
way of • bill, which was renewable. I will now show,
sir, that the defendants applied to the prosecutors to
ship a cargo of pig iron, for which they were to
receive a certain advance, amouotieg to 4001.
I will show you, sir, that an advance was made in bills ac.
°opted by my clients, which were renewable as they became
dos, I will also show you, sir, that the defendant at that
time applied to my clients, and requested them to renew the
bills, and to make them out in two bills of 200/. each, in-
stead of one of 4001. This was done on the distinct under-
standing that the previous bill of 400/. should be returned
to them. This was promised, but not carried into effect,
the bills having been negotiated, and presented when at
maturity, and of coats met. During • conversation with
one of the partners, an observation was made concerning the
non-delivery of the 4001. bill when the 2001. bills were de.
livered to them, on which the defendant made a remark to
the effect that if he did not return the 4001. bill it would be
equivalent to • ease of fraud.
Mr. Alderman Finals—l do not consider that this is a
case for this court. It appears to me to be • question of
account, and is entirely at variance with the law, which
states that the taking and carrying away are felonious where
the goods are taken against the will of the owner, either in
his absence or in a clandestine manner, or where possession
is obtained either by force or surprise, or by any trick,
de-
vice, or fraudulent expedient, the owner not voluntarily
parting with the interest in the goods, and where the taker
intends in any such case fraudulently to deprive the owner
of the entire interest of the property against his will. I
cannot see that there has been any violence or false pretence
in this instance. The bills weredelivered to the defeodant
in the ordinary course of business, and it appears to me that
the bill in question may have been held over, as there
might have been a balance due on the large ship-
, menu which it is admitted by the complainants
have been made by the defendant to the complAinunts' firm
at Sydney, and for which certain balances were due. which
would necessarily pass throughtbe hands of the complainants
before they could reach that of the defendant. This seemed
to be purely an account current, and as such he should
treat it.

Mfr. Wright wished to know whether there was no false
pretence to the defendant's promising to return the bill for
400 f., and himself stating he should consider it a fraud if be
did not do w!

Mr. Alderman Fiords maid that it would be impossible in
commercial transactions, and against all law and precedent,
to pick oat any particular transaction from a (*Gond
account correct between two parties, where the business
traosactions were mined on in an ordinary way. He consi-
dered there was not the slightest evidence of a felonious
intention the traosaction appeared to be one of a purely
commercial character, and he should dismiss the summons.
SOUTH W ARK.
- - - - - -

A poor decent•looking lrishwom■n, with her child,
attended before Mr. Woolnch to ask his assistance under
the following circumstances :
She said she was a widow, and owing to recent distress
was compelled to seek relief from St. ()love's union for
herself sod child until better times arrived. It wes afforded
her for a few days, when the pariah authorities wanted to
pack herself and child off to Ireland, where she had not •
relation or friend that she knew of. She accordingly de-
clined to leave England, when they refused to grant her any
further relief, and turned her adrift. She was now almost
starving, and being of opinion that the pariah authorities
bad acted harshly if rot improperly towards her and her
child, she applied to his worship for hie ►ind twists:l@os.
Mr. Woolrych asked her how long she bad been in
England
Applicant replied that she had been twenty years, for
seventeen of which she had lived in St. Olave's parish.
Surely the parish authorities ought not to refuse her a little
assistance until she could recover herself.

Mr. Woolrych thought—there must be soon =islander-
stood* in her ease, and be directed one of this officers of
the court to proceed to St. Nave's union end require the
etteadance of an of the relieving officers.
At two o'clock roe of the latter entered the court, and in
answer to his worship' mid that the female and her child
had became chargeable to the parish. sod the nos had
ordered their removal so Ireland, He acted nodes their
adore, and the requisite warrant of removal was mad* out
and signed by the maipstratee
Mr. Woolcych asked if the poor woman had been sea-
soned by a magistrate at a police-court.
He replied is the negative, but it was signed by two of the
local asagististas duff the wiassamy *sinus.