The Express.
London, England, 1863-11-19 00:00:00

or THE ALLEANDHL

The arguments wero resumed this morning, at the &Will
of the court, by
Mr. Xaealake, Q.H., who, on the part of the defendlata,
showed came against the rule which bad bees obt.nard by
the frOWII fora sew trial. He observed that the Attorney.
General, at the trial, said that even an innocent equipment
saperadded to a vessel, if there were the " intent,"
dared the ship liable to forfeiture, but that was not a cur.
rut view of the 7th section, which required& warlike equip.
sent.

The Lord Chief Baron observed that if it was an efface
to equip and arm, and a certain person, who might he called
the principal,. intended to equip and arm, anybody who
sedated him in the equipment., without any reference to
the arming, might be gnilty of the offence 'soder the act,
Mr. Kerslake asked the court to accept the constructive
of the section urged by Sir Hues Cairns, that the equip.
meet Amid be of • warlike character, or that the vend
should be so equipped as to be ready to commit hostilities,
Whoa she left these shores any other equipmeot was of a
perfectly lawful cherieter. The history of the act Mowed
that that was • reeacie•ble cant' notion of be provisions,
sad it was supported by the fart that a Walsh merchant
bad • right to sell contraband to one of two belligereots,
loffze it wee tot is a complete state.
Lord Chief Baron—Until the minim of thia set
there ass no distinction between • ship and a gun. Yon
may now at fOrmingham or any other place in this country
where there in • foundry sullicieat for the purpose order a
gun sod esy, " This is for one of the belligerents ; it win
be slat to Geed their porta, plead on board a ship that
and expressly need is carrying on war against • power with
whew,weareat pesos ; sad lam sot awe that that
cannot be does with reference to • ship. No doubt tka
statute mks' that which was perfectly legal before a
crime and a misdemeanour.

—Mr. Kandoke then submitted that the verdict vas per.
feetlytramanted by the evidence, supposing the direction of
the Chief Baron were cornet. Be did not understood the
Attorney-Guseral to admit that, seaming the construct*
of the statute by the claimants to be right, the etid_s
would warrant a different verdict. It was admitted by the
mows that the Alexandra wee not armed, sad the vas
rat ed between them were therefore simply Mese
whether, in point of law, than should he a warlike equip.
meat; and next, whether the intention existed, wbi
the crown said did exist, in some person a
Me of exercising it. The objemioe raised
the rule was that the Chief Baron did not
Moistly direct the jury an the question of attempt
lug to equip, or knowingly aiding or assisting to mom
bat it amounted to this, that on every mouton who* be
ram of "Latent" he did_ not go es to nee the wads
=furnish, fit, or arm." He submitted that Me lordsle
left the question of intent to the jury. This ui
raped to the ship limit be pointed out that the weed Mid
was sot used in the section, and told than that a Ude
simpliciter as distinguished from equipment, whatever the
might be, did not come within the statute. He then salmi
the jury whether the Alexandra was equipped, and they
negatived that. But then there came the question he Idt
to the jury, with which the other side quarrelled, and arbiok
doubtless fairly gave rise to discussion. Was the Chief Berm
right in rejecting the view pressed on him by the Attains,.
General, vie., that supposieg there wee an unmet
t of the ship, the mend come within the UMW
ZsdPirareed friend said that putting lightship' eceducters en
the ship rendered it liable to seizure, bemuse it was with
the intent to commit hostilities within the section.
I The Lord Chief Boma properly refused to adopt
that view. He stated that in his judgmmt
equipping per se, even with the Mimi would
I not render the ship liable to capture, and be asked the jar/
whether there was an intent to equip, he., with the view
that the vessel should be used by one belligerent opium
soother. l7pou this direction, which he roeteeded wu the
right view at the statute, the jury were perfectly justified
spas the evideoce in !aiding the verdict they did. sad they
would not have bees justified in retaining soy other.
Mr. Barns Bramwell—Sappoeieg a man built a verel,
which was about to mil for Madeira or Terceira, and he
said, " I know she is to be armed them and to moist
against the United States," sad supposing them thinp fol.
lowed upon the build* of the ship, would that be an
squirming, fitting oak furnishing, or arming with MUM
to cruise and commit hostilities . _

itarslake—T;healdsay not. It is, however, quite
sufficient for us to say that any equipment, however tom
plate, in order to bring it under the act. must be of a die
Cooties warlike character ; but we go further, and my that
the object of the statute is to prevent the ports of this
oountry being made the ports of departure for vessels
equipped for aggression against a power or country with
whia3 we an at pesos. This view of the ems is supported
by the ehesuastanees eat of Irbil* the set arose, sad
whole history of legialatioe op the subject.
Mr. Mellish also followed on the same side. He
said he ventured to go to the extent of saying that it
was perfectly legal wider the act of parliament for any ship.
builder in this country to Mild • ship, well knowing it ens
adapted for war, under • contact with me of two Ixdk.
Barents, to equip that ship eo far as it was secesemy to
enable it to sail away from this oouatry, and to deliver it to
the belligsre it either May or slumbers in as unarmed Mass.
That being en, a ship was sot forbidden by the statute, end
the question was this, was it the litigation of the
legislature, though it did not forbid the building of a ship
in exprem and direct terms, to make it by implication isa,
lawful ? Obviously it was impossible to build • ship or mil
• skip adapted for war to one of two belligerents Untie' they
allowed the builder to sell it in such • state as would enable
it to sail sway. To say to the shipbuilders of this
country, "You may sell ships to one of two belli-
gerents as much as you please. but you must
sot pet anything on Wald which will enable them to sad
away was • manifest absurdity. If it was the object of
the legislature to prevent any belligerent providing himself
with ships from the ports of this country, it seemed extra.
°Misery that they did not in plain terms say "you shall
not be allowed to build a ship for one of two belligerents
ace sell it to hire." . . . .

—Yr. Veenpi;y was also heard on the part of the &fen.

The Attorney-Gesersl was then beard I. rapport of the
rale. end was addressiog the court when oar report kit.

COURT OF PROBATE AND DIVORCE.
(Before tY. Judge Ordinary.)
HUDSON V. HUDSON.

Mr. H. Chambers, Q.C., and Dr. Sentry for the pi-
titioser ; Dr. Spier for the respoodent.
This was • case of judicial reparation on the grounds of
adnitery sod cruelty.
Dr. Spinks took an exception to she evidence of his wife,
and the allegation of adultery nes struck oat.
Mrs. Hodson then stated that she was married to the rir
spordnat to 1854, her father having been • private gentle.
man, in Gloucestershire. Her husband's fired' were
the rme mak. The respondent received 1,03:. with her.
After her marriage they resided in • farm at Healcoro, ia
Kent. The habits of the respondent were sober for more
than • year after the marriage; but he then took to
drinking; he was a great deal from borne, and behaved
with great cruelty—that was to say, he frequently
threatened her. His coaduct grew worse surd wens,
and his language became very bad indeed. I. 18.59 be took
petitioner, her little daughter, and a yang lady to Tee.
terdee in •caniage. He left them in the tows while he
went to put up the hone, promising to return in half an
hour. He kept away, however, for five hours, and thee be
csme back very drunk. He got into the carriage
mid began to drive at • very fearful rata. At last he ran
against a bank, end upset the vehicle. Wittier and her
friend were ve much hurt. The respondent swore at them
very much, and said that be had intruded to break pil-
lories neck. Witness was taken to an ins, where she re-
maned under medical superintendence for a week. Daring
three a4hts she was unable to turn in her bed.
Thin lad to • separation, but he invited her
to More and make his home comfortable, concluding his
letter with " Half.a.dozen kisses from your own dear
George." Witness resumed cohabitation, and the respondent
was very kind to her for about a week; after which he re.
mood his old habits, and his conduct was as bed ss ever.
In July, 1862, he came bans late one night drunk. He
called her all kinds of the worst MOW, and said "he would
do for her." He ordered her to leave the boar or he would
kick her out of it. On smother night, in the same month,
he brought home somebody else's bat. and on witoess ices'
tioning the fact to him, he threw a large bowl of water over
the petitioner, re-filled it, and threw its contests over the
servant. Once in September he rams home at midnight,
bringing home two men with him, and ordered witues, to
get their supper. He afterwards fell asleep, and shame-
fully abused witness for waking him at 4 o'clock.
The men hod left about twe hours before.
One of them was a labourer and the other • onstermooger.
The rtepouilent frequently brought home low associates.
In the same month when Mr. Underhill, an mermaid to •
surgeon, had called, he turned first that gentivm.in and
then witness out of doors. lie said she should never
enter his doors again, and slammed the door in tier
face. He afterwards came, however, and vetrested
her to return. She did so • but the next day he
went out and was never sober again during the bop-
picking. He dismissed her sermat and made wittier do
the work of the house for sire weeks, although she was oot
in • good state of health. This violence caused her paints-
tier of the heart, rid wads bar very iIL Witness filially
quitted him is Gerber.
Crow-examined—The respondent was in difficulties. He
was losing money, sad since she had left him be had hers
obliged to cell the farm. He was himself thrown out of the
carnage..

The witness was corroborated by Mr. Underhill aed other
wits/saes.
[The case was sot concluded when we want to pow.

COURT OF BANKRUPTCY.
(Ware Kr. Oosvisissireer Oenlbws.)
IN RE TOMAH lIIPPER.-1111 Lin AIMICRANCE 111LAIURT.

JUDOXIDIT.

Th. haekrupt in this esee,--4-7;l74ares described sa an ae•
tau,' of Nsaiagton•grese, meetly applird fur his crier of
discharge. Hie liabilities chiefly is respect of the enter•
tussle scheme above-named, are upwards at 40.0001. lie
was opposed on the hearing by Mr. E. Reed, Oa behalf of

the official manager and creditors representative of the Life
Assurance Treasury, and supported by Mr. riargood.
His Honour now gave judgment. He said the case had
been fully investigated, as the Vies-Chancellor had ex-
pressed his wish that it should be ; and it was most im-
portant for the public that such cases should be fully inves-
tigated. It was nee of *class that had been rather frequent
lately—that of the promoters or getters up of what
might be called, without offence, bubble companies
which were extremely specious, and with prospects
calculated to allure the incredulous and unthinking, to get
from them their money in the shape of deposits, and then
involve them in litigation, and very commonly lo ruin. These
schemes were generally set on foot by persons of doubtful
antecedents like the bankrupt. This man bad twice before
petitioned the court nod& whet was known as the Gentle-
man's Act, 7 and 8 Victoria. His original calling
was that of • dissenting preacher, and he held
forth on Newington-green ; and he bad put the
lases of his chapel io his schedule as worth 101. Quitting
his pulpit he had embarked in great number of companies,
the principal being the Anglo-Australian luirersace Com-
pany, the British Provident Fire and Life Company, and
the Life Assurance Treasury. From now of them was
there anything to be derived, exempt about 201.
from the London Investment Company, though the
bankrupt bad put down his meets at thousands.
The real amount was 411. 10s., of which 61. 10e. only
had been received. It wu singular how • ama like this,
coming from • dissenting pulpit, should bare found his
way into the houses of people of all elamie, whom he bad
induced to subscribe to this Lite amorous Treasury,
which had resulted in ruin to Nosey who had embarked
in it. They embraced all chum ; from an earl
(the late Earl of Devoe) down to indutrioss persons, who
bad been induced to invest their Ischia is this schema.
The earl, ft appeared, had paid nothing ; him name had bees
ti as was too common) the case, merely to decoy *bora
The sabsoribees included, • doctor of medicine, a deck
in orders. ounniimion agents, sod all dames. and
nearly the whole of their names bad been signed by Pepper,
es their attoniey. [Here the bankrupt interrupted hie
Honour, and was ordered to be removed from the
wart, but on promising to be quiet, was allowed to
remain.] The loakrept himself had signed fes 46,000
shame, and ha hod nimaiged be pay the deposit
of 2s. per share by retuning 3,700 whisk he wee to re.
acrefor getting up the comma, and paying efteremode
6001. In 1857 sad 1863, the &redoes eame to • emeledina
to take up more shares ; sad Mr. Pepper was reedy
for them. He sabooribed for 10,000 mein and paid
the deposit by giving promiesery Rolm, molar over
ten yens. At very time be was petitioning this
wort leader theme
aent damn. deemiblas -nelf so
of Gothic-home, thamford.hill. These men always lived le
insane= or Tillie ; it had he effect with the public. In
1869 he mortnyead an salinity of 2001.
Australian
which
had bum granted him by the A Australian
Co., and for the het fire years that salinity not been
paid. His debts of 1,0081. midi the arrangement bed bees
creditors were very fortnasto. He was now
oeWl-:hcsethe Bankruptcy Court for the third lime. He had
lieseemd co two grounde—orratractidoine without
sebaMe means of payment, and esb•rkl.g in rash end
opesahtion. The coon t the liner
chats. established. It had been ssid by Kr. !Inwood,
who the eau so ably for the bankrupt, that the
was not • rash one, for It had bees
appwewd by Mr. Matthew Marshall, of the Bank of
but that wee if it were well managd
set if it wee saseged by Mr. Popper. O.W pound of
seek end buranters episehMes the court empind
the emir II diesberse els itestbs, bet would give
(the esdessee see *Needs() ea the bankrupt Clx4lbe:
ebeely somelbs la primes.
(!Mora Mr. Otowsbnioser Hoboyd.)

IN NZ BRANDIV AND POOL
The lisalorapto, Juneau Bruhn sad Rebid Phillips
Noah, wen wise aistehists, at Abehrireh-lasie mad of Law-
rence Powateepisee. This was the sitting far exemilastice
sad discharge. The amionate hue Dot bees Sad ; bat
the liabilities an estimated lig Yr. QUM*
the secesstmet. at 56,M& ; the meets are re.
tamed at 190301. At the lest Altai the tankrapes were
ordered to hle cash sad moat and Ices ammonia. rhowM&
other tom, the result of their traseactions in We=
mid ehiraa, sad ef their advastares to the Oisfederate States;
bet thou womb hawk yet beam lied.
Oa the application r. Bud, aoikekr for the st-
oicism, as adjesumeat wee ordered.
mu NNW TAXIIO-11A9121.
We sew Inforaed that Yr. W. F. Higtette the ret
trar In Xr, Oessaisiour Fames
tariaguader, fa the Oboe of tbehutertib. Ptederiaortes.

THE POLICE COURTS.
(THIS DAY.)