The Express.
London, England, 1863-07-10 00:00:00

THE POLISH INSURRECTION.

BERLIN, JULY 9.
Letters from St. Petersburg state that the fol-
lowing official announcement has been published
in the Inoalide Busse :—" The body of insurgents
under the command of Wyaocki and Nasycki, after
having been thrown back into Galicia after the
affair at Radziwilow, obtained reinforcements
on the Austrian territory from the detachment of
Sapieha, and re-entered Poland on the 4th of
July. Insurgent bands have been dispersed by
Russian troops at Gagri and Rajdano."
The Bishop of Wilna, Monsignor Krazinski,
having published a pastoral expressing sympathy
with the insurrection, has been transported to
Nijni-Novgorod, whence he will be sent to
Wiatka.

THE INSURRECTION IN GEORGIA.
ST. PET2RSBITBG, JULY 10.

The Journal de St. Petersbourg of to-day publishes
official intelligence from the Caucasus, stating that
the insurrection in Georgia had already been sup-
pressed, and that it had never assumed any serious
proportions.
The death of Prince Cholukoff is confirmed.

THE BANK OF FRANCE.
PARIS. JULY 10.

The Moniteur of this morning publishes the
usual monthly return of the Bank of France, which
shows the following results as compared with the
June return :

DECREASE.

Cash in hand . 481 millions.

Treasury balance
Advances ..

38 ),
4 3-5 „

An important action is about to be tried at Guild.
hall with respect to a claim for 10,0001., seder a policy of
insurance effected with the Commercial Union Company
upon the vessel Indian Empire, burnt while lying in the
river Thames. the vessel at the time of the fire being sup-
posed to be without the limits of locality literally defined
by the policy. A considerable point of interest is involved
an to the practice of the insurance offices, and the desirable-
ness of effecting policies for large amounts in one office, a
heavy portion of such policies being, in many instances,
re-insured by other companies.
Blondin has landed at Southampton this week
from the Peninsula.
ROYAL COLLEGE OF SURGEONS OF ENGLAND.—
The *none election of officers of this institution took place
yesterday, on which occasion Mr. Frederick Carpenter
Skey, F.R.S., surgeon to Bt. Bartholomew's Hospital,
was elected president, and Hewn. Joseph Hodgson, F. R.S.,
and Thomas Worroald, also one of the surgeons to St.
Bartholomew's Hospital, were elected vice-presidents of the
college for the ensuing year. At this meeting of the
council Messrs. S. A. lane, of St. Mary's Hospital, George
Busk, of the Seaman's Hospital, and Henry Hancock, of
the Cbaring-cross Hospital, the recently elected councillors,
were sworn in and took the chairs lately occupied by
Messrs. C. H. Hawkins, serjeant-surgeon to the Queen,
Thomas Tatum, and William Coulson.
THE TRIAL OF &taw FIRE-ENGINEB.—The com-
mittee appointed to decide on the merit, of the various
steam fireengines which competed last week in the grounds
of the Crystal Palace have made their award of prizes. To
the patent steam fireangine by Messrs. Merryweather and
Bone, Long-acre (large size), was awarded the first prize of
210!. A prize of 1001. was awarded to Messrs. Shand,
Mason, and Co., of Blackfrtarebridge, for the next beat
large engine. Both these engines are .specially adapted
for large towns and cities, but the small ones are what the
committee of the Fire Brigade think will beet suit the
greater number of London fires. Among the small land
@tearoom the first prize of 2501. was awarded to Megan.
Shand, Mason, and Co. The second 1001. prize wai
awarded to Lee's small engine. The other competitors,
having failed in the performance of their engines, re-
ceived no prizes.
TEE LATE SUICIDE IN A RAILWAY TRAIN AT
Nawaits.—Last week a paragraph appeared giving an sc.
The next financial advieea from America will count of the suicide of a French nobleman at Heim*. For
some days the body was not identified, but on Saturday hat
probably report the decision of the Court of Appeal' of the the widow of the deceased (a French lady), accompanied by
State of New York on the important question as to the another lady, arrived at Newark from Loudon. The de-
Federal notes, known as " greenbacks." being a legal ten- ceased in early life served in the army in Africa with orufli-
der by the banks in that State, the hearing having been cient distinction to have earned the decoration of the Legion
fixed to commence on the 26th of June. of Honour, but having left the army on a change of dynasty
taking place in France, his life has since been very
Accounts from Zante and Cephalonia state that chequered and unfortunate. He had been absent from his
the prospects of the currant mope are most promising, wife about two mouths in search of employment. and after
Last year those two islands exported more than 50,000 many fruitless endeavours had at length gone to Edinburgh
to endeavour to obtain a situation there as assistant to a
toes, and this year the export will be at least 30 per cent. French wine merchant ; and his wife was in greet suspense,
greater. More than half of this fruit is sent to England. as he had written to inform her of their pending destitution,
Prices have already begun to decline. stating that he bad bees uneneoeseful, sod had been corn.
The French steam navigation company who con_ palled to sell hie watch. At the time of the suicide his wife
vet the mails in the India and China seas will have a fleet was staying in London with a lady, whose brother saw the
account of it in the ppm. When she arrived at Newark
of nearly GO steamers next year, and will then be the largest she fully identified the body as being that of her husband.
mail stem packet company in the world. The deceased was about 47 years of age.

INCREASE.

Bills discounted, not yet due 94 i „

Bankß notes SO „
Current accounts

WEATHER REPORT.-(THIS DAY.)

FRIDAY, JIM 10, 8 LX.

B. sl

B.W.
W.
B.W.
&N.&
W.S.W.

-I;

- I i

- I

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-II

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- i :4

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- 1 I

-11

I

SATCRDAT. ....,-
ITINDOT.
K. to 8. and W., Toe- NORTS-Ekilf. 8,8. to W., moderate,
able, fine.
fine.E.
S.& to W., Malt to Warr. S.B.W. to W.N.W., mo-
fresh, floe. dente.
E.N.E. to 8.8. E. and WWI& K.S.K. to S.S.W., mo-
dB. W., moderate, derate, flee.

tine:
r.E. to S.F. and 8., BorTH.F.Airr. t. to 8., moderate, fine.
- -

fresh to Bight. tine.
North.Eaat.‘loray Firth to Norfolk. West= Donegal to Corn•
wall. mouth=Channa and French Coasts. nouth-liaat-Stralt
of Dover to Norfolk.

LAW INTELLIGENCE.
(THIS DAY.)

COURT OF QUEEN'S BENCH.
After Term Sittings at Ntsi Prius at ouildh►ll.—(Before
Lord Chief Justice Cockburn and ► Special Jury.)
KW D. THE LONDON AND PROVINCIAL PROVIDENT SOCIETY.
In this case the defendanta consented to a verdict for the
plaintiff for 100/. damages, at the same time publicly apolo-
gising, and withdrawing all imputations and charges against
the plaintiff.

COURT OF COMMON PLEAS.
Sittings at Nisi Prins in London. —(Belore Lord Chief
Justice Erie and a Special Jury.)
COGGON o. 1515 MIDLAND RAILWAY COMPANY. MICROI.6OIII

t7.aimiLrATAL iceLunn.
These actions were founded opal an accident which
occurred Nome time ago at the railway station in
Maiden-lane, King's-crow Mr. Conon, who was
in the service of Mesas. Nicholson, the distillers,
was loading some goods, when • train came along and killed
him, and also seriously damaged the waggon and one of the
hones. Goggon's widow now sued, on behalf of herself and
three children ; and Meows. Nicholson also claimed the loss
which they had sustained.
Mr. Serjeant Shoe and Mr. Lash, Q.C., appeared for the
plaintiffs; and Mr. Macaulay, Q.C., for the-clefendants.
After some discussion it was arranged that there should
be a verdict for the plaintiff in the flint action for 500/., and
in the other for 881.

COURT OF EXCHEQUER.
Sittings at Nisi ?fills at Guildhall.—(Before Lord Chief
Baron Pollock and a Common Jury.)
TUCK v. THE MARQUIS OF BRISTOL.
This was an action brought to recover damages for in-
jury done to a cab. The defendant paid 201. into court.
which he said was sufficient to cover the loss sustained by
the plaintiff.
Mr. M. Chambers, Q.C., and Mr. Henry James were
counsel for the plaintiff ; and Mr. Kuala., Q.C., and an-
other learned gentleman for the defendant.
The plaintiff was a cab proprietor, whom cab was
run into by the carriage of the Marquis of Bristol
on the sth of August, but year, end so injured that it
had to be carried home in pieces. The cab was
repaired at an expense of 111., and the plaintiff used that he
was not able to get it back again for 6or 7 weeks. In con-
sequence of the demand for cabs during the Exhibition
mouths he was unable to get smother vehicle for the horse,
which he kept idle in the stable at the cost of a pines
a week, and ultimately sold at a repository at
a loss of about 81., the animal having, it was
alleged, from the fright occasiosed by the accident, become
vicious and unmanageable in a cab. The plaintiff claimed
besides these items I/. 17s. 6d. for lass of duty, 108. the re-
sidue of the driver's wages for the week, 6e. for the men who
brought the cab home, sod 321. 10s. for lois of profit until
be was able to use the cab spin ; in all a sum amounting to
more than 701.
There was no evidence called for the defence, but Mr.
Kerslake, in his address to the jury, contended that the
201. paid into court was amply sufficient to cover the loss
which the plaintiff had sustained.
The jury found a verdict for the plaintiff, with 251. in
addition to the 3:11. paid into court—total damage., 45/.

COURT OF PROBATE AND DIVORCE.
Wont the Judge Ordinary.)
BRINNIR e. BEIDINEA MID ARM.
This morning Mr. Harrison summed up the case for the
defence; and Dr. Spinks replied for the petitioner.
Sir C. Cresswell then addressed the jury at considerable
length ; and after a short consultation they found that all
the parties bad been guilty of adultery ; but they acquitted
the husband of the &ergs of cruelty.

COURT OF BANKRUPTCY.
(Before Mr. Comminioner Pane.)
IN RS V. O. JACKSON.
The bankrupt was described as a shipowner, of St. Peter's-
alley, Cornhill, and an ironfounder, of DOUgiAll is the
Isle of Man. The liabilities are considerable, much more so
than in the ordioary we of cane in this court. The bank.
rupt owes to creditors secured and unsecured, 17,5141., of
which security is held by creditors for 7,0771. The assets
are returned at about 4,3001.
Au adjournment until October was ordered.
IN RI W. IVESTOARTIL —JUDGMENT.
The bankrupt, a merchant, of Threadneedle-street. and
partner in a house at Melbourne, applied for his order of
id scharge some months ago. He was opposed by the
assignees and creditors, chiefly on the ground that he had
gone on trading after he must have known himself to be
insolvent, and had of course contracted debts without
probable means of payment. His liabilities at the time of
the bankruptcy eighteen months ago were about 45,0001.,
on which there have been dividends of 7s. 6d. in the
pound. The bearing was protracted through some half-
dozen milting., and at the close the oommiasioner re-
served his judgment.
His Honour now said—l have read over the prodigious
mass of papers in this case more than once with great
anxiety, and the more so because, although no doubt
the bankrupt Westgarth bee not acted as he
ought to have does, and has continued the
straggle against adverse circumstances longer than was jus-
tifiable, stall there are many favourable features in the
case, not the least of which is that the estate pays a divi•
dend of 7e. lid. in the pound. Then I cannot but
feel that, if there bad been wrong in the case,
Mr. Westgarth's partners, Mr. Rom and Mr. Spowen,
are involved in the wroog, yet the burden
seems to fall on Mr. W estgarth alone. The
history of Westgarth's career is shortly this. He went to
Australia when he was young, and failed in business. He
paid a small dividend, and got his discharge. He then re-
sumed business, succeeded, and paid his previous liabilities
in full. In 1858 a firm was formed of Weatgarth, Ross,
and Spowers. The firm carried on business in London as
Westgarth and Co., and in Melbourne as West-
earth, lion, and Spowers, each firm of course
assisting the other. The firm at one time made
an income of 20,000/. a year, and bad a large
capital. Westgarth became a member of the Australian
Legislature, and was made president of the Cham-
ber of Commerce. Between 1854 and 1858 the value of
the property possessed by the firm became greatly deer*.
elated. Mr. Weetgarth states the depreciation as from 50
to 80 per cent., a depreciation which was general in the
colony. The firm had a large warehouse in Market-
street, Melbourne, which had coat them about 2000/. Its
value fell to 11,3001. in 1859 ; afterwards to 7,500/. ; and in
1861 to 4,2001. They had a sheep-walk. valued at one
time at 22,0001. The value fell to 12,000/. only. These
losses seem to have been pure misfortunes, the result of a
change of circumstances in the colony, against which
scarcely any prudence could have guarded. It seems to me
that up to this period no serious charge of misconduct
' could have been made against Westgarth or his cartoon.
The only_
_serious charge of misconduct which presents itself
against Westgarth is this, that he permitted himself to be
drawn into a series of transactions which were undoubtedly se-
. rious breaches o: mercantile propriety. The substance of those
, transactions was that in order to obtain money to carry on
' the straggle, and so gain time for a change to take place
' in the value of property in the colony (and it must
i be remembered that in distant colonies changes
. of value in property frequently, du take place , he bought
1 property in England to be paid for after the pee of some
. period (three or four month., perhaps, or even more), raised
` ready money by pledging the property so bought, and eo
• endeavoured to carry on the struggle against adverse circum-
I deuces in the hope that, as the value of property in the
colony had at one time been prodigiously depreciated, so on
the other Land a favourable change might take place,
and the value of the property in the colony might rise
as much as it had fallen. After carefully wondering all
the circumstances I have determined to give Westgarth his

discharge.
Mr. itogley, on behalf of the bankrupt, asked that the
expensea of has application might be allowed oat of the
estate.
tifr. Liukiater asked for the allowance of the expenses of
the opposing creditors, Mr. Alderman Hale and Mr.
Christie.
Mr. Sargood, for the assignees, opposed both applications.
Hu Honour dtcided to allow the costs of all parties.

MIDDLESEX SESSIONS.

(THIS DAY.)

TOE RIOTS AT entwine.
The proceedings in this case were resumed this morning,
and the respective defendants, Herbert. Birkett, Seville,
Shatermes, M'Donelt, and Mutt, surrendered at 10 o'clock.
and answered to their names as they were called.
Mr. Hawkins, Q.C.. rose and addressed the jury in an
impressive speech on behalf of his client, Mr. R. Saville.
He said that Mr. Saville was an ensign in the 34th Regiment
of Foot, now stationed at Colchester, which was at present
under orders to go to India. His client was a young gen.
Menne of unblemished honour, and was the son of e gentle.
man whom he had known for many years pereoually, en
Essex magistrate. His client obtained leave to
to Roe= to see the Derby and Oaks; and Otero
had been to the Oaks he went to Creinorne-gardem, t
unfortunate night. While he was in Loudon he in,,t •
friend named Whittler, who was, he (the learned counsel)
believed, a lieutenant ; he also met • gentleman named ith-
gersld, and they all went to Cremorne, and had some bitter
ale at the circular bar. The crowd the.. rushed towards
the circular bar, and his client aid what everyone else
would do, he tried to extricate himself is the best way he
could ; and while he was so doing he wee mixed by the
police-constable Rowe and another constable, and dragged
through the prdens to the policeetation, while his friends,
Lieutenant Whittler and Fitzgerald, followed behind,
and they would prove that they LAW Saville dragged away us
he had stated. The defendants, he regretted to say. Ware
not allowed to speak upon their oath or honour, else they
would give • very different complexion to the case to that by
the witnesses of the prosecution. He complained of Mr.
Smith being called as a witness after all the witnesses on the
first day had been ordered out of court, and he had been in
court all the time. He raid the law is this case had
been strained by the course which had beenpursued ?y
the prosecution is including all the defendants in one in-
dictment, as in such a ease any one who was charged was
prevented from being put upon his oath, and giving his own

f tl.e trausactions. This count was one calculated
their r caveat suspicions, and out &doubt upon the
The testimony of some of the witnesses wu
relied upon, and although this wee not a charge "
• •
ut • the honour of either of the gentlemen at the
tr's .4,11 it wax a case which demanded their
• consideration. He believed that up
e-teiday morning it was not the intention
-.salon to have called Mr. Smith or any of the r
m his employ, for unless that were en there woe no
:r: Oat on the day before he would have been put into
and especially so when it was made a posi-
:..ider that all the witnesses on both sides were to leave
• ort. As to the evidence of Sergeant Muddy he said he
, tl:e rcular bar, and that be saw Mr. Saville
Come on," but on the cross-examination
the witness it was idle to suppose that
sash' ever s.,y that he had got hold of the wrong gen-
...pt and hsol made a mistake. It was idle to ruppose
i+,ll I..ehat it ril to having once made a charge would
manot prima
was elicited from this policen that,
....each he saw Mr. Seville at the circular bar, there was
:.-onion_from him, but that he was hallooing and hissing, 1
• it, my boys; there's plenty of bruguly-a0a1;,.,r"
;,.,r" It was of no importance for the jury to consider
ryti.m. Mr. s trifle was elbowing or pushing. but whether
was there acting in concert with other pentons
.r the purpose of creating • disturbance and a
Land with • view of causing damage and destroying the
:repertc of Mr. Smith. Why, by one of the extraordinary
tots .of this indictment, drawn by the ingenuity of a
pleader. they were charged with committing an
Asult by force of arms and in warlike array. Why, did
wr suppose that either of these gentlemen justified the
;ve of this absurd language of the law—that they had tone
the gardens for the purpose of creating a riot and to
arliite array
The Assistant-Judge—lt is the old form.
The learned counsel woe still speaking when this report
es; despatched.]
_ .
THE POLICE COURTS.