The Express.
London, England, 1852-12-22 00:00:00

lain intelligence.

EQUITY COURTS.—YEareanAT.
Beene. Tile LOOM JUlrtlera or Arm..
he RI HURL PIOISYN, • LVX•TIC, DECHASED.
The lunatic had oied intestate, without being pootsssed of
any personal estate, but seised of reel estate producing a
rental of upwards of 310/. a year. This was the petition
of a tinder of the lunatic, who had been appointed in Ite2s
committee of his person awl his estate. It appeared that
by order of the court, made in 182 i, 3iOl. eer annum hail
been ever since allowed to her for the maintenance of the
lunatic out of the income of his property. The petitioner
(the committee) had passed her accounts at receirs and
payments fur the lunatic up to September, 1849, and she
ad been appointed to bring in a fut ther &count in Septom•
ber, IBa. As there waa persohal estate of thc lunatic,
and the sums received out of his Mate by the
petitioner had fallen short of what the court had allowed
lit r, was alleged that it would be mochas for her to take
out letters of administration of the esteem of the lunatic fur
the purpose of passing her further account. The petition,
therefore, asked, that the putting of such final account
might be dispensed with, in order that the eapense of letters
ci administration might be avoided ; and that the r. minis
sauces entered into by the ebnitnittee on her appointment
might be vacated.
Mr. T. Roberts appeared for the petitioner.
Mr. S. Ilingeston appeared for the brother and heir-at-
law of the lunatic, and tor all the neat of km, and consented
to the application.
Their lordships directed the reeognisances to be vacated,
end in order to provide against the possible appearance of a
future administrator to the lunatic's iodate, directed that
the final account should be suspended only, inched of bring
entirely dispensed with; mid the heir.ist•law and neat of
kin were put upon term, to abide by such urdo,r respecting
stay haute administration of the lunatic's estate as the curt
might think proper to make.

Burman Vi

ksrimanrr,

&LAMPE O.ELO;IIII,IIU.—Nsw CHANCltltYAcricls.
In this case there were several defendants to the bill,
some of whom were residing abroad. Leave had been
given to serve the defendant; who were abroad with a copy
of the bill under the New Chaim ry Act, but a dilbenlty
bud arisen of this nature. The endorse:a. vet printed on the
bill was in the usual term, that the del. ',Mints must an-
swer the bill within eight days, but with regard to the de-
feculent/I, who wore abroad, the order was that thty ahoald
answer the bill within fourteen days. The question but,
submitted to the court was whether the Clerks of Itecorils
and Writs were enabled t, alter the enduraerueut su as to
meet the case of rime defendants ?

Mr. Prendergast eppeared in support of the application.
The Vice-Chancellor said that a comul,ation bad taken
place between the judges upon this and other points sub-
mitted for their consideration, and they were all of opinion
that it was competent for tho court to direct the elteratioti
to be made in the endorsement, but it had also been decided
that in future the endorsement should not be printed upon
the bill, and this would have the effect of doing away with
any further difficulty in the matter.
KING O. MULLENS..—RIORT OF TRUSTERS TO A Reheaba
ibis was a motion to dissolve an injunction to restrain
an action at law which had been granted under the follow-
ing circumstances. It appeared that the plaintiff, Mr.
King, who was a gentleman of property, residing in the
country, had received from a person named Mullen., who
had been his bailiff, a sum of 1741., which Mullen. re-
I quested Mr. King to take charge of upon trust to pay the
income to his widow for her life, and alter her decease to
pay the principal alter deducting the expenses of bcr fune-
ral to his two sons. Mullein died soon afterwards, and the
plaintiff invested the money upon landed security, and bad
paid the interest to Mrs. Mullen, for the last seven years.
rhe plaintiff a abort time ago was called upon to pay the
1741. to Mrs. Mullen' as executrix to her husband, and to
the two Hall. This he refused to do without having a
release from the widow and her sons upon the ground
that the money was held by him open the above
trusts verbally communicated to him by Mr. Mullen.. An
action was then brought agaiast the plaintiff for the re-
covery of the money, and this bill was filed and an in-
junction obtained to restrain the action, on the principle
that a court of law could not take cognisance of a trust, and
the plaintiff, Mr. King, had there fore no defenc • except in
equity.
Mr. Lewes, in moving to dissolve the injunction, lead
various letters which had passed between the parties before
the action was commenced, and submitted that the whole
of the litigation had been caused by the plaintiff's refusing
to state upon what security the money was invested, and
coatended that the plaintiff had no right to a release—the
parties who were entitled to the money all joining in re-
questing him to pay the money over, and giving him a
receipt for the amount.
Mr. Wigram and Mr. Roxburgh, for the plaintiff, said
that he had always been ready nod willing to pay the
money, but he would not be justified, before the death of
the widow, in handing it over, without a release from all
the parties interested.
The Vice-Chancellor said as Mr. King was ready to pay
the money, there really was no question left, except as to
the costs of this unfortunate litigation. If there had been
a simple trust created in the ordinary way, Mr. K iug would
not have been entitled to a release upon paying over money
in conformity with the trusts, but here the matter was of a
different nature. The trust was created verbally, and the
direction was to pay Mrs. Mullens the int •rest for life, and
then, titer satisfying her funeral expenses, to pay the prin-
cipal to the two sons Mrs. Mullen. being alive now, there
still remained a trust to be performed, and he thought that
Mr. King was legally entitled to a release. He might have
been surprised that Mr. King had nut saved the expense of
the release to these parties, which would have been, it
was stated, about 101., but it appeared Iron the cone-
! spondence which had passed between them that the
plaintiff thought he had been ungraciously treated, and
be had certainly a right to stand upon the strict legal
course. If the parties bad taken a little more trouble in
ascertaining what each 3f them meant before they wrote
threatening letters, all the expense of this litigation might
have been caved, but considering all the circumstances, he
was of opinion that the costs of this suit and of the action
at law ought to be paid out of the fund, the Residue to be
paid over to the widow and sons upon their joint receipt for
the money.
WRITS S. COMM.—INJUNCTION TO RESTRAIN TIM
CARRYING ON O! A TRADE, REFUSED.
In this ease an injunction was applied for a short time
since, to restrain the defendants, who were the owners of a
glass bottle manufactory in Pintrim•street, Upper Ken-
nington, from carrying on their business in such a
as to occasion any nuisance, disturbance, or annoyance to
the plaintiff, her husband, or family, residing in their
dwelling house at Montfort-place, or to the tenants and
occupiers of the other dwelling houses and premises be-
longing to the plaintiff, and situated in Montfort. place. Upon
the application for the injunction, the defendants undertook
not to carry on their business alter 8 o'clock at night or
upon Sashays; but they were unwilling to continue that
undertaking, and consequently the motion was now brought
on. From the evidence of the plaintiff it appeared that
there was a constant noise kept up during the night at ...he
defendants' glasseanufactory, arising from knocking off the
glade from the blowing irons; that the nuisance was so great,
that many of the inhabitants could not sleep at night, and
some of them had given notice to quit their houses in con-
sequence. The bill, therefore, was filed by the plaintiff, a
married woman, who was the owner of several of the houses
for her separate use, and the complaint rested upon two
grounds,—that of annoyance occasioned to the plaintiff and
her family, and the damage to the property. The evidence
for the defendant was to the effect that a great number of
persona residing in the immediate neighbourhood were in
no degree annoyed by the carrying on of the defendant's
trade; that it was nut, in fact, calculated to do any diunage
to the surrounding property, and that the business had only
been tarried on during three different Sundays, and then
fur very particular reasons.
The Vice.Chanoellor said it was evident that this court
could only grant an injunction until such time as an action
should be tried at la*, to ascertain whether the defendants'
trade was really a nuisance or not. The principal
complaint was that the nuisance caused damage to the
plaintiff's property. Now this was no ground for granting
an injunction to restrain a nuisance. The evidence as to
the personal annoyance to the neighbours was of a very
contradictory nature. Then the bill was filed by the plain-
tiff as a married woman by her next friead alleging a sepa-
rate interest in the property, her husband being made a
defendant. It was very clear that with regard to the per-
sonal annoyance caused by the p ion of sleep, the
plaintiff could have no separate interest in that, and as to
the allegation of damage to the property, that was not a
grouad for restraining the nuisance. He was therefore in-
clined to think that the bill was wrongly framed, and under
all the circumstances he should refuse the injunction, but
direct the case to stand ever, with liberty fur the plaintiff to
bring such action at law as she should be advised.

BMW% • ICIIXIIANCILLOS AWAIT.
BRYSON r. TNI WARWICIL AND BIRMINORAX CANAL
COMPANY.
Mr. De Om in support of a motion by the plaintiff, said
the bill in this case was tiled by a shareholder in an abortive
railway company for forming an extension of the Birming-
ham Railway, for the purpose of obtaining the repayment
of a sum of 10,0004 as part of the assets of the abortive
company, which the bill alleged had been improperly paid
by the directors to the defendants (the canal company) in
part payment of the price of the canal. It appeared that
an agreement had been entered into, and executed in dupli-
' Cate, between sad by the directors of the abortive company
and the directors of the canal company, but the directors of
the abortive company had lost their counterpart of the
agreement, for which search had been made unsuccessfully.
The plaintiff had obtained the usual order fur production
by the defendants of their duplicate of the agreement before
the examiner, to be proved as an exhibit in the cause. This
was a motion that the defendants should be ordered to pro-
duce their duplicate at the Stamp-office in order that it
might be stamped. This motion was made by analogy to
the usual practice at law, " Neale v. Swine (2 Crompton
and Jervis, 278).
Mr Malins opposed the motion, suggesting that the plain-
tiff had no right to stamp the defendants documents with
a view to use it against them.
The Vice-Chancellor said he thought it was an order
that for the purpovs of justice ought to be made; he
thought, upon the authority cited, he ought to make the
order upon payment by the plaintiff of the costs of the
stamp, the penalty, and of the present application.

COURT OF EXCHEQUER.—TESTERDAY.
afranos sr Nut Pairs at Ouitimsu. Banat rat Loop Caw
BARON AND a I.PICIAL JL►r.
RICHARDSOX V. SADLER —DANIAOP DONE TO A SHIP
IT A CitittiO OP COPPER Ora.
It appeared that th• plaintiff was the owner of the barque
Thomas Bell, and the defendant a merchant and ship-

ogrber, is the spring of 1847, the defendant chartered the
Tuemes Bell, to "nog • cargo of copper ere tram Crba br
Bwaases. Whoa 200 tons of the cargo had been taken on
board indications sppeared, in couseqiiertie of the ore not
having been properly prepared, of the ore heating ; the
captain, however, ass induced to take is the r, =stied. rol
Da cargo, amounting to about 500 tons. Alter the vessel
bad proceeded to WO, spontaneous combustion of the copper
ere took place, which gave forth sulphuretted hydrogen pas
sad seriously affected the health of several of the crew.
The captain was obliged to put into the Ilavannah,
take out the cargo, sad scuttle the ship, in order
es put the tire out. The ship was visited by
some members of the Board of Health, awl several of
the grew were removed to • hospital. The telltale applied
to the defendant for another cargo I copper ere, properly
prepared for the voyage ; but that having beta refused. he
brought home to this country a cargo of sugar. Toe pre.ent
&cues% was brought to recover the sum of 1,1'671. 13.. 114.
for the injury done to the ship, .130 . his. 44. for the lose
which the phuntilf had sustained by the difference of the
freight of the sugar and the sum which be would have re-
ceived fur the copper cure.
Bement" W.ll given on the part of the plaintiff to prove
the above fact., and to oboe that the copper itc in question
was 1-kely to ',rodeos slow combo diem, consisting. as it
di f, of eu,iper Oita 11,0 pyrites, which had not been properly
calcined and prepared fur the voyage.
Mr. Johnson, the assayer, stated that iron pyrites, when
in a peculiar state of molecular errand. mint, was liable to
nee onpu.inun. Th.• lo.sulphuret of iron would form sul-
phate of trod, and cleat heat would thereby be generated.
This was more likely to tale place in a moist Coen in • dry
atmosphere.
Other witness spoke to the necessity of such ore as that
which was shipped on board 'he Thomas Bell being pre-
viously calcine", and one of :hem, a Captain Outertiridge,
deposed to the destruction of a vessel called the Sir M
ham Knott, at NOO, in consequence of the spontaneous
combeietion of a 14111111 U cargo of copper ore.
Sir A. Cockburn, for the defendant, having taken •
techni.,l objection to the forts of the declination, wi ich
was overtuted by the learned judge, proceeded to address
the jury for the detente, and contended that the plaintiff's
remedy was sg lin.% the insurer*, and not against the de-
feadants, wbu wire meetly agents, and that the captain of
the Triad was not obliged to take the ore if it was sot in a
proper condirion for shipment.
Tre Attorney. tieneral replied.
The Lord Chiet Baron left it to the jury to say whether
the c trio was tit to be put en board, and give • verdict
accordingly.
The jury retired, and after an absence 'anti swirly seven
o'clock, without sty chance of their coming to • ecrdiet,
The attoraies our the parties agreed to take the verdict of
the majority.
The jury were thereupon sent for, sod informed of this
arreagensrat.
The totems* then said that 10 of the jery were of
opinion that the cargo was unlit to b.: put on board, and
that they found for the plaintiff.
Verdict entered accordingly.

COURT OF BANKRUPTCY.—YenzapAy.
Bent. Mk. CONVIIIIkOkaII FAX'.
IN as . .

Tt is was the adjourned certificate meths, in the ease of
Joules Holmes, shawl warehouseman, of Itegent•street.
The amount ot the bankrupt's liabilities, and his tileAls• ot
meeting them, were stated in our impression of yesterday.
At the last sitting,
Mr. Heed, who opposed on behalf of the assignee., went
thruugh several of the grounds of Nip:sham. lie now
submitted that the whole of the benkrobt's debt with
Messrs. Kerr and Stott, of St. Paul'echorchyard, con-
tracted since 1848, had been contracted by false pretence*.
On the same !else pretences he hal obtained the forbear-
saca of all his debts. The ground of the false pretence
was • statement drawn up in 1848 by Mr. Jury, the bank-
rupt's accountant, and submitted to the creditors, wherein
he showed himself to owe about 20,3001., including 6,0001
on mortgage, and to have assets worth about 4,2001., with
leases worth 12.6001., which were mortgaged for 6,0001.
Tbis was equivalent to a divideod of ten 41111114 s in the
pound,which the creditors agreed to accept. Now, it sppeared
that his debts were more 411,5001. than he had represented.
The differencewas certainly not great in so large a sum ;
bat, after the bankrupt hail entered eta an arrangement to
pay 10s. in the pound by sin instalateuts, amounting to
13,3231., he bad actually paid 16,1211. His present balance-
sheet showed that while he owed 2,1001. to Lawrence Levy
in 1848, he had paid him 1,5004, or 15e. in the pound, while
professing only to pay 101. In other words, he had paid a
sum at 3cNM., given Levy a bonus of 2001., and paid 1,0001.
on the composition. lo his supplemental ledger there was
an entry, ands the data of Sept. 26, 1848, stating that
6001. had been paid to Levy over and above the composi-
tion. A creditor named Price also received 2104. more than
the amount er the compoeitior. Though, in 1818, Mr.
Scott Lad warned the banarnpt against continuing his deal-
ings with Levy and other snooty lenders, he had continued
to do so, without entering these transactions in his monthly
accounts, which were shown to Messrs. Kerr and Scott, to
whom also he stated that he had got rid of (that
class ot liabilities. In 1851 he laid before them a
balance-sheet showing that be had a surplus of 411.
There again Price and Levy were omitted from the list of
creditors; and, at a subsequent period shortly before the
bankruptcy, he had admitted to Mr. l'arrinton, the ac-
countant, that debts amounting to 6,6181. were omitted from
that statement, and *BlOl. of assets improperly included
This would have shown him insolvent to the talent of
6,0001. Had Messrs. Kerr and Scott known this, they
would not have continued to trust him. Things went on
thus till July last, .vhen the bankrupt, haring an aceept-
ance coming due for i'd6/., in favour of Messrs. Kerr and
Scott, and being unable to meet it, obtained funds from
them fur that it press purpose, but nevertheless failed to
meet the bill.!'roam an examination of his banking.book,
it appeared that afar that time be paid into his bankers up-
wards of 2,0001 ,while cheques were drawn against this, pay-
able to " sell " and "selves," and which were found to have
gone into the hands of Levy sad Price. OR one loan, from
a person named Elliott, he bad paid as much as 61 per cent.
The Commimioher— It is difficult to say whether he paid
most for monsv or time. Ile appear* to have been buying
postponement, wire it only for a few minutes, at the most
ezorbitabt rote I en,' heard of.

Mr. Reed said the bankrupt had continued this MIMI of
deception up to the last; for it was only just before the
bankruptcy that he acknowledged having pledged a quan-
tity of goods with Mr. Attenborough. A further ground
of objection arose under the Ist and 2nd swims of the
penal clause—that the bankrupt had, with intent to con-
ceal the awe of his affairs, withheld entries from his books
and documents ; also that he bad, under the 9th head,
with the same object, wilully kept his books imperfectly.
The evidence in support of the former objection also ap-
plied ro this; nose of the bets or balasioesheets ewe
tainedentries of nice's and Levy's debts. The assignees
regretted to be under the necessity of urging that this was
a case is which the certificate should be withheld alto
thee. Is the bankrupt's favour it should be stated Witte
signed a declaration of insolvency when requested to do so,
mid had been unremitting in assisting the assignees.
Mr. Strangwayes, on behalf of M. Jourdan, of Paris, a
creditor to the extent of 1,2742, mid hi had to oppose the
bankrupt's certificate, oo the grimed that, is July
last, he sad induced M. Jourdaa to make him
ea advance, in bills, for the purpose of protect-
lag two of his acceptances in M. Jourdae's favour,
which be was unable to meet; the desired advance, ie a
bill for 1001., ens sent; but the acceptencee were sot taken
up. M. Jourdan was thus obliged to pay the latter,
amounting to 1241., sad his own bill of 1001. at three
mouths. He wrote to the bankrupt, requiring him to re-
turn the acceptance, bat the bankrupt refused, sod said he
would apply it to take up an acceptance of 761. due at the
sad oft a month. This also he had failed to do, and Mr.
Jourelas bad to she up this bill also. Another ground of
complaint was that the bankrupt had twenty-five shawls of
M. Jourdan's fur sale on commission, value 1791. 10s., and
that be had carried them ions his own stock. When he
was asked fur them, it appeared he had de it'd them
with Messrs. Ryles, Braes, and Co., of hill, to
pronare the forbearance of a debt. The bankrupt oon•
tended that the shawls had been regularly purchased by
him, and thus IL Jourilao had been prevseted bringing'
an action against Ryles, Reams, and Co., feel* that the
bankrupt's evidence would put him out desert. There I
was eo entry in the bankrupt's books se to this tram

The bankrupt was itemised as to this traassetios. He
admitt. d that be had received the shawls am sale or Mesa ;
that he took them into mock, as was customary with such
gods ; that Mean. EON sad Co. had • jedgetent ageism
him ; be offered them security in shawls,- they required
to have ease of Wmeet resent stock, and he sent them
M. Jourshm's shawls. He asateived he bad a right to
take them isle hie meek. Had he sold this, they would
have gene inte the regular wept, which would not have
been des WI eher kis bankruptcy.
The Cmarimiener —Have you entered the receipt of
thus goods in any place in your books
Haakrept—Yee; they are debited &palest Jairdaa's ae-
comet—. May 20th, by goods, 1791. Ills."
Mr. C , the official easigatte, said the inference from
this entry rather was that the goods had been purchased is
the ordinary way.
Mr. Stmagwayes produced a letter which the bankrupt
had written to M. fermiers in which be ackawledged that
the shawls bad byes received by his on idle er ratan, sad
that he had afterwards taken them into stock.
Mr. 'Awns's" for the bankrupt, said that the eaten of
the trade was, whim geode were taken on male se return
for the vendee to have the option of taking them. nil:
was implied ia the very terms of the coatrect " sale or re-
turn." In a coasignment transactioa the contrast was
euentully different.
His Honour thought there win nothing wrong In the
traaaction, if it were in accordance with the customs of the
trade. The bankrupt had evidently sacrificed M. Jourdan
to_procure a momentary postponement of the evil day.
The bankrupt was then eternised by Mr. Lawrence upon
the general ease. Ile said ha had bees occasionally in the
babitof buying goods on sale or return, and had kept them,
If they nut his approbation, without communicating with
the sender before he took them into stock. He had had
large teammates with Jourdan ; he was one of the per-
eoas by when bankrupt lost money heft,. 1848 ; the
loin was M. ar 001. Ile bed sine* gone on
dealing with bin ; they had been in the habit of
from time to time to a very large
sinew metbaliMeli. 8118=Tetways represent bushman trainee.
time. Jemmies hell Imams cat him for the shawls ietened
te. He had dew es ekes the 30th of Ju)ly, ale the lalleat
des wee severed Metals's sesepleses
W beige bedews hi hie
is 1830.8011 had e.
Ueda.
embeeieff
). eeeity up MOhm Woodard jilted theca as
a lowan lead pid ha way up Is WEL latanee-
Measly ha had nHaisi legserr big thee, sad
ultimate' paid VA la the peeled. The ease if
ask Imniaesq la 11111 woe Immo b, the basal

of Robert and Benjamin Brown and Itobertaun and Co.
At that time a general meeting of the creditors was tailed, •
and • statement, New, d by Mr. Jury, who hail hurl% them
accountant Matte they momma need business, was submitted
to the creditors. He gave nu instructions for the on 'skim
of any items. A debt of 2001. to Price wee touith d, and
also Lawrence Levy's dabs. Ile also omitted a transact
in indigo, which he held as security, nut for a business
tranaletioa, and by which Ise:etpeeted to 'calla, enough to
cover some of the omitted debts. Sin or 1845 he
bad
tinued to have transactions with the monry•lenders,
but be
raw his cash-hook, and might have inferred from tbu en•
tries that 3 HOW. or OX ON. a month could not by raised
without having recourse to those persons. The entries of
"self" did mot all refer to Mr. Levy; there were many
City friends from who. ha borrowed. and who would not
like their MIMS to appear in his hooks. Entries of this
kind would show 'bat the money hail not mono in the re-
gular course of trade. The regular remiss at the end of
the month would not meet the payments.
Mr. Scutt (in answer to the commissioner) said it was
true that he had seen the bankrupt's cashbook ; he had
asked for an explanation of the items referred to, and had
been told that they represented cheques lent him by (thirds
who did not wish their names to appear. He did sot sup-
pose that he referred to the moneyhlenshrs.
The bankrupt further stated that he had withheld
his books from Mr. Scott, ur any other creditor Ile bad
burrowed centimilly from Messrs. Kerr and Scott. It hod
been stated by Mr. Patrinton that in his halance-sheet of
September, lbjl, debts to the amount of 5,6181. had been
omitted; but this was a mistake; 1,b971. of this amount
was entered in his sundry cash loans. A debt of 750/. to
Mr. Cockin was omitted through' • mistake of the clerk.
Ile did not then owe Lawrence Levy so much by • few
hundred pounds as when Mr. Parrinton made his iuvestigo-
lion. The nonspaymint of Mr. Scott's bill, to meet which
he had received two cheques, sruee from his account at the
tank being unexpmtedly reduced by the pre'cutation of
cheques which he had in quested should he kept back for •
few days. lie afterwards endeavoured to make up the de-
ficiency, but was uneuecessful. The bill went back on
Saturday, mid on Monday he called on Mr. Scutt, and ex-
plained that, owing to the dill...rent matters pressing on
him, it was almost impossilde for him to keep faith—that
his bankers would not overpay his accoont, as they had
hitherto don:—that he had 3,0001. of debts which were
pressing him (alludiug to Levy's and ('rice's bills, which he
e.ald have bought sp at 10s. in the pound). Ile also pro-
pees d that • cash clerk should be sent into the concern to
take all the proceeds, allowing him • small drawing per
an Min. Mr. Scott's debt was 'subsequently reduced by
3.10!. Ile said he would take di, matter into consideration.
Witness was to have refunded this money, but was unable
to du so in consequence of the pressure upon him. During
July Kerr and Scott had lent him 1,0421., and sometimes
2,001. V. or JAIN. in • month.
His Honour—The complaint against you is, that you
went to them and gut cheques for other than the purposes
intruded.
By Mr. Lawrence—lt was not unusual for Kerr and
Scott to allow loans in advance. At the time he received
Mr. Scott's money, believed it would go to meet their bills.
The dissolution of parliament spoiled his July trade com-
pletely, in tact the whole seas n.
Ilia Honour said the substance of the case was, that the
bankrupt having very little prospects in continuing trade,
riceived their acceptance to cover cash advances made by
them, and had not done so.
Mr. Lawrence would sdmit that Messrs. Scott bad good
ground of complaint, but he wished to acquit t':e bankrupt
of anything like fraud.
His Honour said thst it was evident the bankrupt bad
don, all he could for time.

The bankrupt, in explaining his expenditure, said that up
to July he expected to have had • partner, who was to bring
in 3,000!., which would have enabled him to get rid of his
debts. He bad lost genial Demirel pounds by the " Cir-
cular Exhibition Shawl." Ile had to pay fur the looms
beforehand ; it had cost him 2001. or 3001. in exhibiting the
shawl, and he had afterwards sustained other luau by it.
Mr. Lawrence mentioned Vouillon's case, in which bon-
nets which had come out under the patronage of her Ma-
jesty and the Duchess of Sutherland were afterwards su:d
at inaptness each.
The bankrupt explained that the largeness of the trade
expenditure was owing to heavy premiums and 'andante'
I salaries. There was a sum of 20,0001. always flouring,
upon which he paid about 1,0001. • year (or interest.
With respect to the private expenditure, it was not more
that 4001. a year personally ; and as to the carriage spoken
of, the medical attendant recommended it on account of
the illness of his (bankrupt's) wife, and it did not cost more
than 1001. a year. He was in possession of a cab of his
brother's, which, together with a few pounds, he exchanged
for the carriage in question.
By Mr. Reed—Vsuuld admit that the books did not show
all the sums owing to Lawrence Levy and others.
Mr. Lawrence submitted that the bankrupt had borne a
most irreproachable character up to the time of getting into
sliMeulties. Ile had opened his shop in Regent street at •
time when Resteutstreet was not what it nu+ was. He
had taken • pride in his establishment, and it woe justly
regarded as one of the moot splendid in Europe. Ile was
unintermitting in his attention to business, and went en
prosperously till 1848. That arrangement f 1848 was the
source of his ruin. It was to be regrett.d that creditors, by
stimulating a debtor to pay a composition beyond his =cane,
very often defeated their own object, and brought ruin on
the party concerned. It had not been proved that the
Wenn sheet he then submitted was wilfully untrue in
any particular. Certain creditors had been omitted, it was
true; but they had bided their time till the trailer was
egoism' his legs, sad had then pounced upon him, and
made their own terms. Any one who looked at the be-
. lame-sheet of 1818 would see that it was impossible then
for Mr. Holmes to pay a composition of ten shillings in the
pound. His stock was then only worth 2,2001., with
nothing written off for depreciation, and he was celled on
to pay, in 18 month,, ten shillings in the pound,
on upwards of 7,9001. He was insolvent on that account
to the extent of 3,0001., which could only be covered by
the value of his leases, after three mortgages had been die
charged. but no sane man could regard this as an avail-
able asset ; it could only have been made available by dis-
posing of his premises. The same remark applied to the
household furniture; and it was only by the realisation of
those assets that he could possibly hare paid the 10s. in the
pound. He was in fact mortgaging his future exertions to
make up the deficiency ; and the creditors had no right to
urge against him, that he had been hopelessly straggling
with insolvency since 1818, when it was clear, prom Ida own
examination, that he had dune so in accordance with the
wishes of then creditors. The bankrupt bad no object but,
by struggling on, to retain the position be had lust. Under
these circumstances, going into the market with impaired
credit, he bought at a disadvantage. He was under limpet-
ties, which had continued, as far as the books were con-
cerned, down to the last moment. Mr. Scott and the other
erediton, in looking over his cash- book, must hove observed
the frequent entries of cash to and from "self." Mr.
Scott, it seemed, had inquired from whom he was
borrowing, and Mr. Holmes refused to tell him.
This ought, at once, to have excited suspicion
that be was borrowLig money at a usurious interest. These
entries represented no less than from 60,0001. to 75,0001.
per annum. But Mr. Scott's large debt being secured on
the premises in Regent-street, be bad shut his eyes to what
was going so ; and the result would be that Messrs. Kerr
and Scott would retrieve • very large portion of their debt.
Unfortunately these mosey holders, such persons as Law-
rence Levy and Mr. Price, had got hold of Mr. Holmes,
who was liable for instalments on the composition even
three month.; and when a man once got into the hands of
this class of persons, hennaed to be the victim of an in.
&testi= which drove him into still deeper and deeper
dificaltles. The unmet of interest thus paid was large,
upwards of 3,0001.; but this was not the extent of the mis-
chief, there were heavy law expenses, and his time and
energies had been wasted in fruitless efforts to raise the
means. Then Mr. Holmes had anticipated much from the
Exhibition. French ladies, it was well known, coveted the
shawls of Ken and Seen, and other English manufacturers
—probably for the resew that they could only be got in
their country by stealth. But, owing to Mr.
Holmes's shelves being partially cleared at the
time, he could not take advantage of this; and
it was well known that the seamen of the Exhibition
was ea extremely unfavourable one for the London trade.
Still, Mr. Holmes continued to struggle on. The balance-
sheet of 1851, which was undoubtedly incorrect in some
particulars, would not here misled any sane man, showing,
as it did, &miserable surplus of 411. 12e. 2d. upon an estate
represented by the aggregate figures of 24,000/. On tl e
one side were his debts and liabilities, the amount of which
could not be reduced, while the other was matter of esti-
mate, consisting rif the stock, book debts, and leases. He
was clearly insolvent to the amount of at least 2,0001. or
3,0001. Had Mr. Holmes told the truth, that he was fur-
ther involved to the money-lenders to the amount of 60001.
—which it was certainly his duty to do, it would have been
sees that his position was much worse. The charge of 'asap-
propeiating WAS of 4781. which had been paid him in cheque.
by Messrs. Kerr and Scott, to meet • particular bill, was
not made out so far as to show that the missppropriation
had been intentional. Besides Messrs. Kerr and Scott hail
condoned the offence by not taking any immediate proceed-
lags thereon. It could not be contended for a mo-
meat that the bankrupt bad any fraudulent inten-
tion in this, for, of er receiving this cheque, he had paid
2,0001. into his banker's. There was no fraud or false pre-
tease is contracting the debts ; consequently, the case could
not tome within the penal clause. There was no false pre.
tun whoa the money was received from Moser. Scott ; if
any, it w..s in the appropriation of the noses ; but the es-
sence of fraud was the intent. The ease of Mr. Jourdan
was satisfaaorily explained; goods sent on sale or return
were always in the option of the trader to purchase them if
he chose ; sail having become part of his stint Jourdon's
control over them having ceased, they were solely in the
order and disposition of the bankrupt. Mr. Holmes could
not look for an immediate certificate ; some branch.. of his
expenditure had been caressive, particularly his keeping a
carriage. The gross profits in little more than 3} years
had been 18,000!., show ng an amount of return from which
• man might hope the beet omits. Mr. Holmes was not
the Art who had discovered that wi en he got into the
hands of the money lenders it was hopeless to struggle
against ultimate ruin.
His Honour asked what was the date of the action
brought by Eyles, and said he should take time to consider
this ease, and look through all the papers. The protection
was enlarged for • month. .

INSOLVENT DEBTORS' COURT.—YISTIADAY.
- Bans Tin Cum dellnyht10111•.

IN 111 JOHN 871.17/1 fiRtfTPOLD.-FRTITION DIRMISSID.
This insolvent. who was a whathautat at Brighton, wan
eppciped by Mt. 13aq/owl tot • glom ateditora. Mr. Cooks
"Criustloa la tb• saw was, tabstbie tb• wet was •

friendly proceeding, to enable the insolvent to tabs the
benefit of the set. It appeare t that his creditors princi-
pally resided in the o. entry. Ilia detaining Cr' ditur was Mr.
Mr. Helens/the, a broker, in the City of Loath n. Tito
insolvent c.sme from Brighton one day, viei,ed Mr. 'La-
combe, and on the neat day was served with a copy of a
writ, and woe now in prison et hie suit.
Mr. Sargistel asked the insolveut whether the arrest was
nut a friendly one.
The insolvent denied that it was a friendly arrest. He
Was further examined on the same subject, Ind during •
pause in the cam the nature of • friendly arrest we. es•
plained to the insolvent. Ila eedd be thought • friendly
arrest meant that • debt bad been trumped up. and not
that it was au arrest on en actual debt in order to apply to
the court.
Mr. Sargon,' said the matter bad been explained to the
insolvent, and it was admitted to be • friendly arrest.
It was understood that the best MUM to be adopted On
the part of the insolvent was that his petition should be
dismissed. •
The Chief Commissioner ordered the petition to be dis-
miased.—The petition was accordingly dismissed.
BIMISE Ms. Onarusaussa
JOHN Ii•LL.
_ .

This insolvent applied for a protection order. natter the
pith section of the Protection Act. His ease WWI heard
“a•tae time backs and nu day was named for a final inter, on
the ground that • debt was incurred without reasauablt
eapectations of payment.
Mr. Commio.piner Phillips granted a protecting order.
Ps rime MATTNIt OF WILLIAM COLXV.It.
•

The insulvect applied for • day to be named on which
he might apply fur a protecting order. His ease was ad-
journed eine die, for contracting debts without reasonable
expectation of pay.nest.
ilia Honour told the insolvent that an early day should
be appoiutcd.

ASSIZE INTELLIGENCE.
NORTHERN CIRCUIT.—YoRic, Dec. 21.
lisnna NIL Jewnca StwAms.
THE HULL OMUMS MUMDIII.
. . .

John Nnve, 21, John Smith, 21, Ann smirk and Mary
An Robanan, were charged, the three former with
having, on the 21st of May last, at Hull, murdered Win.'
Francis Maplethorpe ; and the latter with receiving, bar•
homing, and maintaining Snaps and the two Smiths, after
having been previously convicted of felony. Mr. Warren,
Q C., Mr. Thompson, and Mr. Pearce were counsel fur the
prosecution; Mr. Desniley dcfinded Snapp, Mr. Seymour
John Smith, Ann Smith vim not defeuted, and Mary Ann
Robinson was &fen& d by Mr. Ovcrend. The prisoners
were respectably chromed, and they pleaded " Not guilty,"
in a firm tone of voice. Mr. Warren, Q.C., stated the caw,
the evidence being of a purely eircumstantisl nature. A
number of witnesses were then examined, and counsel on
behalf of the prisoners having addressed the jury, the judge
commenced his address, which be had not concluded at the
time when our parcel was despatched.

MIDDLESEX SESSIONB.-YESTEIDAY.
Brvol.t Ma. Pain.orr ADAMS, Arms.? Mac

TIM FRACAS BETWEEN Till Hog. BUTLER JOHNSTONE,
M.P., AND MR. OLIVEIRA, M.P.
Shortly after the grand jury had been discharged, and
during the trial of a ease,
Mr. Hod,acetone said—My lord, perhaps I may he per.
mittisd to take this opportunity to trespass on your time for
a few memento, to make an application to the court. I be•
hese the greed jury has been discharged. ■nd I have to
apply on the part of the Hon. Mr. Butler Johnstone, that
the recognisance's of himself and his two friends, Lord
Drumlanrig and Mr. Stirling, may be discharged. Mr.
Johnstone was bound over to appear at this sessifdt to
answer a charge of assault, but the nutter, I believe I can
say, has been amicably arranged, pnvately, through the in-
tervention of mutual friends of both parties in a satisfactory
manner. . _

The Assistant Judge granted the application, and said—l
am very grad to hear that this is so, fur that is the manner
is which gentlemen ought alesys to arrange such differ-
ences—this is as it ought to be between gentlemen ; the
sooner it is done, end the more privately, the better.
John llosk.oe, 17, pieaded guilty to an indictment, in
which he was charged with stealing a number of articles,
amongst them, • watch, the property of Messrs. Chaplin
and Horne, his masters. The property was also laid as be-
longing to the London and North Western Railway Coes-
PanlL. Parry appeared for the prisoner, whose youth he ad-
i vetted to, and said that some short time ago he was in the
employment of tome respectable carriers in the country. His
mother war • widow, and he, the learned counsel, hoped
the court would deal leniently with him.
Mr. Bodkin, for the prosecution, said the prisoner was
employed by the well known carrion Meson. Chaplin end
Horne, in the audit office of their warehouse at Camden
Town, on the North Western line, and in the discharge of
his duties he had access to a depot fur parcels awaiting
transmission. The prisoner had been in the employment
of the prosecutors about as menthe, and up to the occur
reaco of the circumstance attending this cue he had born*
a good character. Suspicion being directed against him,
by the nondelivery of some parcels, his lodgings were
searched, what a number of parcel wrappers were found,
and also some duplicatts relating to some of the property
they had contained. He was taken into custody, and he
conducted 'beaker to a pawnbroker's shop, where he had
pledged the watch he was charged with having stolen,
amongst other things.
It was then stated that the prisoner's father was a reck-
less character, and that he deserted his wife and children,
and lett them to shift for themselves in the best way they
could. The prisoner at first had 12a. • week, and when
this occurred be was receiving 16e. per week.
The Assistant Judge told the prisoner that if be had been
ten years older, the sentence upon him would have been
one of transportation. Robberies of this eaters were so
constantly occurring, that he was led to fear that the sen-
tences passed in similar cases had not been suilleiently
stringent. When any particular crime became rife, and at
appeared that the sentences passed on those who were de-
tected in the commission of that crime did not lessen it,
that court would always increase the severity of its sta-
leness until they reached the maximum, and this rule
would always be applied to servants of large arms and
eompanies. He then ordered the prisoner to be kept to
hard labour for one year.
Ann Word, 21, and Ueorps Dann, 23, were indicted for
unlawfully and malic'ously causing grievous bodily harm to
George Westcott, by kicking and striking him. They were
also indicted for having assaulted the same and George
Grantham, a police constable, in the execution of his duty.
George Westcott, 216 D, stated that on the 12th of
October last he was on duty at the upper end of Porches-
ter-terrain, Paddington, and at about half past five o'clock
in the afternoon a lady and gentleman called his attention
to some disturbances which were taking place in front of
the Gloucester Arms public-house. As he was proceeding
there he heard cries of police, and, on arriving at the
spot, he found about two hundred persons assembled. In
the midst of them was the prisoaer Dunn, who bad his
coat offend his arms bare, as if he had just been fighing.
Hs was swag violent language, end witness saw two men
carrying another one away. He west If to him, placed
his band on his shoulder, and aided lobs what he was
making that disturbance for ; and se that time the tennis
prisoner came up and put her arms round his neck, and
pulled him backwards. She kicked him is the lows=
of of the stomach, and be then fell New a hop
and tiles. She kicked him sgait, ma hill ups W.
" I will do for you." He ON eulogises of
another Milne, Grantham • hook Ward aad Dana
struck him also. They endeavoured to take her away, but
she threw herself on the ground used struggled violently.
They managed to get her • sLort dimingembest they were met
by the sergeant with the relief, who lossl MWu the pit-
men. The sergeant called witness to mkt Idm,w hes Dann
I gave him two kicks in that part of h moms when Ward
had kicked him, and struck him a blew ss the head, saying
" I will do for you if you coach me." Aftur this witness
was quite unable to render further assistuee, and he was
taken home in a cab. He kept his bed five weeks. II
went to give his evidence twice, when the ease was before
the magistrate, but he was so ill that he could not, and lie
had to be taken home again. He was sow getting better,
and though he felt no pain he wee very week. Both pri-
soners were drunk when this occurred.

George Grantham, 3/3 D, said he was on duty on the day
in question near the Gloucester Arms, and was called to
the waistlines of Wisteott. When be got up Westeott told
him to take the female, who thereupon threw herself on the
ground and began to kick about. They lifted her up and
she struck him • violent blow on the eye. They got her
along as far as the church, when Dunn came up and struck
him, and said " You know me, don't take her, and exceed
your duty." The relief came up and Dunn endeavoured
to escape, but witness let go of the female, and laid hold of
him. He got away, but the serpent caught him. Four
constables took the woman by th•-kgs and army, and wit-
nate wound ber clothes roue d her for decency's sake, and
in this way she was conveyed to the station. She was very
drunk and used very violent language.
The Sergeant White, who was present, gave °weber&
ties evidence, and a heavy pair of hob-nailed boots, which
the prisoesr Dunn had on at the time, were produced.
Mr. Ansel!, eurgeon, 3, Norfolk Crescent, who was called
in to attend Westcott, stated that he found him suffering
from injuries which would iv caused by the conduct of
the prisoners lied the kicks been a little lower the result
might have been fatal.
r. O'Brien addressed the jury.
The prisoner Dunn was found Guilty on both counts of
the indictment, and Ward Guilty of smelt in exeeution.
The Assistant Judge observed that in his opinion the ver-
dict was a very correct one.
Mr. O'Brien reminded the court that the prisoners bad
been in prison ten weeks already.
The Assistant Judge said the court would plea • very
heavy sentence on every dastard who conducted himself in
the way that Dunn had to the police. It was but a mere
accident that the kirk was not such as would have led to
Dunn's being at the Old Bailey on • charge of murder.
The sentence usually in such eaves was twelve months, but
as Dunn had already been in prison ten weeks the sentence
upon him was that he he kept to hard labour for nine
months. Ward, who had been in prison bofore, was sen-
tenced to four months hard labour.

Henry John Buckle, 25, pleaded guilty to stealing two
bracelets end other articles value 40‘., a telescope value
and other articles, the property of the Great Western
Railway Company.
Mr. ltallantme, for the prisoner, said this case was sing•
lar to one which had already been before the court. He
could not palliate such conduct as the prisoner had been
guilty of, and all the prisoner could do was to throw himself
on the mercy of the smart.
The Amaistant Judge sentoused the primmer to one year's
hard labour. •

THE POLICE COURTS.
WORSIIIP•SEREET.

Jeremiah Antos,, ;Hiiirntoseuianellow, was brought
up for finsl examination charged with a murderous ...atilt
upon his wife, whereby her life had been seriously cadent
g, red.
On the night if the 'aid ult. as police•constable Bendel!,
wan proceeding round his beat, his attention teas
attracted by repeated cries of " Murder," front olio of the
houses in Prince g street, itpitslfi•lds, and on his making his
way to a room tin the flrshlitior, he found the prisoner'■
wife Hormone,' in the arms of two of the lodger., with both
her eyes closed up and frightfully contused, and bleeding
profusely from ■ dangerous wound our the left temple.
liming ascertained that the injuries had been inflicted by
the prisoner, who had locked himself in an adjoining room,
the resalable immediately forted open the door and took
hint into esstody, and the injured woman was at once re-
moved to the hospital.
Mr. Alfred Dale, Louse surgeon at the London hospital,
stated that on the night rn question the prisoner's wile wee
pliced under his care, and in addition to numerous cuts and
contuoionsatenot the face, he found that her arms, legs, and
every part of her person presented a complete mass of
bruises. As she .Iso complained of severe internal suffer-
ing, he proceeded to a minute examination of her person,
and discovered that nu less than seven of her ribs had been
frawured. On questionieg the woman on the subject of
the dreadful maltreatment she had sustained, she informed
him at the time that her husband had attacked her without
the slightest provocation, and, after dragging her out of
bed and kicking and jumping upon her in the most savage
manner, had ultimately flung her out upon the lauding in s
stato of insensibility. She continued for the first fortnight
in such a state of ratreme danger that her life was dis-
paired of; and, although she was nets in a condition to
attend to give evidence, she still remained an in-patient of
the hospital, and a considerable time must elapse before alto
recovered from the effects of the injuries she had received
The prisoner's wife was then led forward by the officer,
and placed in a chair, but although she was evidently in
such a state of debility and suffering that she wits unable
to support herself even in a sitting position without assist-
ance, she declined for some time to furnish any account of
the transaction, and exhibited a pertinacious determination
to shield her brutal husband from the consequences of his
savage conduct towards her. After a good deal of prevarL
cation and evasion, she at length admitted that the pri.
soner had dragged her out of bed and knocked her down,
but she positively denied Lind he had either kicked or
jumped upon her, and declared that she had previously pro-
vuksil hint to such a e.egree that she fully deserved all she
had received.

Prisoner—She knows very well that she tore my shirt
when I catched hold of her; and she would never have
come here at all but for the doctor and the policeman, who
wanted to make a job ef it.
The wile—And that's nothing but the blessed truth. I
don't want to hurt him at all, fur he's a good husband.
Mr. D'Eyneourt said that this was one of the worst cases
of the kind that had ever come before him, and, if there
were say means of placing the facts in their proper light
before • jury, there could be no doubt that the prisoner
would either be sentenced to transportation or to a length-
ened term of imprisonment. It was perfectly manifest,
however, if he were to send the case for trial, his unfortu-
nate wife, who was the principal witness against him, would
at once abandon the prosecution, and he had therefore no
other alternative than to deal summarily with the matter,
and should order the prisoner to pay a penalty of U., or to
be e, mrnitted for two mnoths to the Howe of Correction, at
the expiration of which period he must also put in substan-
tial bail to keep the peace for the next six months.
THAMES.

Ftediverd, aged 33, was brought up on remand,
charged with violently aseeulting his wile.
The complainant, Mary Bedward, was very pale and
emaciated, and although the injuries were inflicted upon
her a fortnight ago, her eyes were still discoloured and
swollen. She carried a sickly infant, sod another child,
about lour years old eluug to her gown. The poor woman,
having been accommodated with • chair, stated that her
husband was • cheesemonger, and that she recently lived
with him at No. 8, James-street, Limehouse-fields. She
had been married to him ten years, and, in consequence of
his bad temper and savage disposition, she had endured a
good deal of misery and pain. He had frequently beaten
her and threatened her life. For some time past he had
been in the practice of coming home intoxicated at all hours
of the night, and when he was in that state he had fre-
quently beaten her in the most savage manner, and used
the most horrible threats and language towards her. On
the night of the sth instant he brought home two mutton
chops for supper, and gave her 2a. with which she pur-
chased bread and other necessaries. He went out again
before he had his supper, and did not return until two
o'clock in the morning. She put one of the mutton chops
which she had dressed before him, and he asked if that was
all she bad got for him, to which she replied in good hit
moue that she had eaten one of the mutton chops herself,
and thought of having a little of the other, and that it was
almost time for another supper. She had een washing up
a few of her children's things, which were spread out before
the Are to dry. She went to the bedside to pull off her
hoots previous to going to bed, and while she was doing so
her husband took a large jug eonteining two gallons of
water off the washing stand and threw the whole contents
of it iti.on the fire. The room was immediately filled with
smoke and dirt, and the children's clothes she had washed
were again soiled. She remonstrated with her hatband,
and said, " You might have known better than to do
that. I 'have been working bard all day to get the
things clean, and you know my poor baby is ill."
She began crying, and complained of his unkindness,
on which he put the candle out, awl with a
terrible oath swore he would kill her, and then
sprung ;upon her, and seising her throat with both
hands, attempted to strangle her. Her throat was cora-
peened in such a manner that the blood rushed to her
head, and her tongue protruded. After that he struck her
down to the floor on her knees, and forced her face down-
wards. Her knees were blackened, and her teeth loosened
by the violence used towards her. She screamed out
murder, and called for assistance, and her husband re-
lighted the candle, and said he had not done with her yet.
Site laid her head on the bed over the children's breasts
and implored mercy. Her husband said he would show
her no many, and struck the top of the bedstead with some
thing, and part of it fell down. She again begged hint to
be merciful, and said "don't hit me soy more; if you
won't let me live on my account, let me live for the sake of
my poor children." Here the poor creature sobbed loudly,
and it was some time before she could proceed. On resuming
her evidence, she said "my husband swore at me again,
and said you are • devil—you area devil—you are a devil--
thou art a very devil, and I will die for thee," and taking
up the pieces of the bedstead that had fallen down, beat me
in • most furious
and about my head, face, and eyes. I was quite
stupifled, and I hardly know what I dad. I broke the win-
dows with my hands to raise an alarm, and I called out
murder. I lost a good deal of blood, and I was is tho Lon-
don Hospital for eight days. Oae of my knees is now very
black, and there ate bruises on my arms and shoulders. I
can hardly use one of my hands. in answer to questions by
Mr. Yardley, who wish. d to know why the witness did not
attend to give evidence on the first day her husband was
' brought before him, she said that she was taken to the hos-
pital directly after he was ill-used, sad then went to the
station house, where she was taken so ill that the police had
to carry her back to the hospital, where she remained eight
days under medical treatment.
Roche, the gaoler of the court, said that a medical certi-
Acute was put in on the first examination stating that the
woman was in a dangerous state, and unable to attend.
Mr. Yardley asked the prisoner if he had any questions
to put to his wife, on which he commenced his defence, and
said it was almost impossible to live with his wife, and they
had better part. She was constantly—
Mr. Yardley (interrupting)—l will hear your defence by-
and-bye. I shall order the depositions to be formally taken,
and commit you for trial.
The Prisorer—lt was all her own fault, sir. She broke
the windows and cut her fingers.
Mn. Bedward said her fingers were cut is breaking the
glue, and she did so because she heard footsteps, and
thought she could procure assistance.
Polio. Constable Scalia, 249 K, stated that on the morn-
ing of the 6th inst., about 3 o'clock, he heard the screams
of a female, end cries of " Mulder," proceed from the house
No. 8, James-street. He went to the place whence the
noise proceeded, and called to the people within the room
to open the door. No answer was returned, and he burst
open the door, and found the prosecutrix partially ingest.
ethic, and in • dreadful condition from lees of blood. The
prisoner, who was standing over her, did not say anything.
Ile to k him into custody. The woman, on recovering,
said she would have been murdered if witness had not en-
tered the room. He conveyed her to the hosoitsl. Scalia
then produced two heavy pieces of wood, each about 3 feet
in length, with which the prisoner had beaten hie wife.
They were stained with blood.
Mr. Alfred James Dale said—l am the house surgeon of
the London Hospital. The proseeutrix was brought there
lon the morning of the Gth instant. She appeared to have
I been very seriously injured, and fainted on her admission.
There were severe contusions about her head, face, and
arms, and both eyes were blackened. There were marks of
recent violence on her neck and throat, as if some one had
been attempting to strangle her. Her arms were lacerated,
and her fingers were cut. She was in • very precarious
condition for several days, and she appeared to have lost a
good deal of blood.
In answer to a question by the prisoner,
Mr. Dais said the marks on the throat could not have been
caused by a fall.
Mr. Yardley committed the prisoner for trial.