The Express.
London, England, 1863-12-16 00:00:00

11JE

been made, and the defendant having reads inquiries
becam • ...On that be had been impoeed upon;
and that the plaintiff wu as much deserving to be him friend
as ever he was. lie a amrdiugly on the =Cud Julie acute
a letter, expressing, in terms the most uoequivocel, his
deep regret for the mistake into which he bed been led
Le explained how that n,iet.ke arose, sod professed his
viillinexese to Rive the plaintiff a letter to be shown to
any fro-oda who bed seen the libel, to satisfy them that the
plaiistideoutinoed to hold a high a position in tbe entima-
tiou of the def,ndast, ea he bad ever done ; and be also
offered to ItHitmuify the plaintiff for eve y farthing of el-
penes to whirl] he had been put. 1101:10t1r, however, wan •
very delicate matter ; there were men who in reference to
their Lou. or "felt a stain like a wound," end the plain-
tiff camp into roust that there might lie the clearest possible
evidence that he shrunk from no :equity ; feeling that he
was perfectly innocent of every auspiciou that the letter
cootaiiied sad baying taken that course the defendant
desired nothing better than to convince him by the moat
amply expression of regret that every trace of suspicion
had one, and that be should he happy to receive the plain-
tiff into en inumate fnendaliip es ever. The defendant de-
sired to add that, to prevent the plaintiff being put to the
loneliest expense, he would in consenting to a verdict pay
the piaintiff's costa, not in the ordinary way, but costs as
between attorney and client.
A verdict was then taken by consent for the plaintiff for
nominal damages.

COURT OF BANICRUPTOY.—Dac. 15.
(Before Mr. Commissioner Holroyd.)
IN RE EDMUND O'ROURKE, OTRIRRWIRK FAILCONTR.
The debtor in this mu was Mr. Falconer, one of the
lessees of Drury-lane Theatre. He ia described as formerly
of Devonshire-street, Queens-square, Bloomsbury ; then of
Lamb's Conduit-street, then of Devonshire-street, then of
Roehampton-street, Pimlico, and Upper Wellington-strut,
dramatic author and comedian, afterwards manager of the
Lyceum Theatre, in parteership with Mr. F. B. Chatterton,
his wife being an actress known as Mrs. Weston.
Mr. Seaman, on behalf of Mr. Henry Vandenhoff, a cre-
ditor, applied for a summons for the debtor to be examined
on the account which be had filed by order of the Commis-
sioner.
Th. p.....11.5.k...1.41 in contain a claim made by Mr.
Sturgis, the provisional assignee of the Insolvent Court,
dated October 9, 1862, whereby he claimed all the estate
' and effects, of what kind soever and wheresoever, assigned
by the insolvent, and particularly all the household goods,
furniture, pictures,, plate, linen, and effects now in his pos-
session at Fulham Lodge ; also six panoramic views of the
Lakes of Killarney, recently exhibited at the Lyceum
Theatre ; also the lease, and assignment thereof, of the
Theatre Royal Drury-lane, the unexpired residue of which
had been purchased by the insolvent; also all moneys in-
vested in government bank stock, or other securities, for his
me or that of his wife, amounting to 10,0001., or thereabouts;
also all money standing to his credit at the Union Bank,
Fleet-street ; also the copyright of " Peep o'Day," and the
insolvent's litmus therein in provincial theatres ; also the
copyright of any other play or comedy of which he was the
author, or in which he bad toy interest; and all other
moneys, securities, jewellery, and other property in the in-
solvent's posseedon or control.
Mr. (YRonrke, in an affidavit dated the 26th of January
lest, deposed that the cost of the retries and decoration of
Drury-lane Theatre had exceeded f.,0001„
Mr. Lewis (Ely-place) also applied for a
mine the insolvent.

to exa-

The Commiesiouer—This is rather a special proceeding. I
don't think you are taking a right course.
Mr. Lewis uid he had not been a party to the original
application, which wu made by the assignee. as re-
promoting the whole of the creditors. The parties then be-
fore the court bed however made use of their position,
srd compromised their claim, to the detriment of other
creditors. They had received money, and allowed the pro-
ceedings to drop. He believed that si greet deal of property
had been taken away, which ought to have been for the
benefit of the creditors generally.
The Co.omissioner—You see this insolvent bas get his
final order.

Mr. Lewis—But he has not disclosed all his property,
end not having done so the final order le void.
The Commissioner—No, not absolutely void under the
12th sec. of 5 and 6 Vic., but in certain owe, such as non-
disclosure of relate and effects, the final order may to
rescinded. You may proceed under the section referred to,
if you think you can make out a cue.
Mr. Lewis—You merely adjourned the case. Can I not
take it up at that point ?
The Commissioner—No. I think you must begin de
novo. It is dropped altogether. A day was appointed to
discuss the case, but the parties who attended said it was
arranged.
Mr. Seaman said that the amounts which were filed
were not now on the proceedings, but had been removed.
The Commissioner— How is that ?
Mr. Lewis did not know.
The matter then dropped.
(Before Mr. Registrar Roche.)

The bankrupt has become notorious in this court from
the number of times which the ease has been before it. The
bankrupt is the son of the celebrated Mr. Bisaeooi, of Long-
field, Ireland. This was • sitting for a new choice of as-
signees, which was directed by Mr. Commissioner Goulburn
at a former sitting.
Mr. E. Reed, on behalf of • great number of Irish cre-
ditors. asked for an adjournment of the sitting, on the
ground that a petition was in preparation and would shortly
be presented with • view to annul the bankruptcy.
Mr. G. Lewis, for the bankrupt, resisted the application.
Mr. Aldridge, for the official assignee, contended that the
business of the sitting ought to proceed.
The Registrar did not think that the creditors represented
by Mr. Reed would be damnified by the choice of a trade '
easi;nee.
Mr. Reed said that his clients wished to be represented by
one of their own body, and was prepared is carry the
choice ; but as they contended that the bankruptcy was
bad ab initio, they wished to do nothing to uphold it. They
merely asked that the sitting for choice should be ad-
journed until after the hearing of the petition to annul.
The Registrar said he should wait the usual time, and
then sign a certificate that no choice bad taken place, if no
creditors attended to prove.
Mr. Reed wished to take the opinion of the commissioner.
Mr. Commissioner Molroyd, to whom the matter was re-
fined, was of opinion that theme bad better go before Mr.
Commissioner Fame, to whom it belonged, and that for that
purpose the sitting should be adjouresii.

ASSIZE INTELLIGENCE.

WESTERN CIRCIIIT.—TArzfros, DEC. 15.

(Before Mr. Bono Pivtt.)
Hannah Roberts, who was on KoMay convicted of
the manslaughter of Jeremiah Haines, at Wellow, was
brought up to receive outman. His lordship said the
jury had taken a merciful view of her ease. The provo-
cation she received might have been very great, but her
conduct had been very daiperate. Me took a deadly
weapon and need it with a great deal of determination in
she dark on the bodies of two men, one of whom abs bad
met immediately to his awful account. The jury bad con-
sidered the provocation she had received to be very great,
and that bee mind wu is a very excited condition, which
rue her very little purer of deliberation. She was een.
touted to 12 moat& hard labour.

William Cook Jobs Gila, John Pitman, Emanuel Cosh,
Joseph Burgh, Edwin Coles, aad ✓stn Boleti, were charged
with a rape upon Charlotte Fraser, at Ansford, near Castle
Cary, on the 7th of November.
The prisoners were all young men, two of them being of
respectable appearance, and the others were apparently
farm labourers. There were six indictments, each prisoner
(with the exception of Colas) being separately charged with
having been the principal, sad the others with aiding and
abetting intb• commission of the mime.

The detaDa of the charge are too revolting for publi.mtion.
The rase, which had occupied the court for eight hours,
was not concluded upon the (kopek& of our parcel.

CENTRAL CRIMINAL COURT.

(Before the Common Serjeant.)

Rickard Barium., 30, chemist, who yesterday pleaded
guilty to an indictment charging him with baring in Lis
possession instruments for the manufacture of spurious
sovereigns, w•e brought up for judgment.
The Common Serjeant, addressing the prisoner, told him
be had well coaskiered the case, and in consequence of
what had been urged in his favour he should not punieh
him so severely as be otherwise should have done. Still he
had been convicted of the most serious crime in existence,
with the exception of murder. There could be no doubt
' that be had both the means and the intention of coining
sovereigns to say extent, and of course with • fraudulent
intent. He had carried a• his operations with • deel of
skill and cunning, going to one die Maker for • die of the
obverse. and to another for • die of the repine side of •
sovereign. For many years that crime was treason, and
liable to • capital punishment ; at present he bad the power
to sentence bun to be kept in penal servitude for life. Ile
should Dot, however, pass upon him such • severe sentence.
The decision of the cans was that be be sentenced to eight
years' penal servitude.
---

Groirite Bass, 19, labourer, sod Winiass Grant, 22, broom
maker, were indicted on a charge of burglar►.
The jury found the prisoners Ihi dip, and both baring been
repeatedly convicted before, they were each sentenced to six
years' penal servitude.
Eti:a Matson, 14, pleaded guilty to a chirp of stealiog
various steal sums of money, the property of her em-
ployer.
The Cornrows Serj.ant sentenced her to one month's
imprisonment, after which to be sent to a reforn.atory for
three years.