The Express.
London, England, 1864-08-13 00:00:00

LAW INTELLIGENCE.

COURT OF BANKRUPTCY.—Arausr 12.
(Before Mr. Comrainiooer G °album)
IN RE JOHN MG&

The bankrupt, descrTbecrs a Carniter, of Brompton-
lewd, was late oue of the polioe magistrates at the Wonhip-
street court. The accoools, prepared by Messrs. Johnstone
and Co.. show a large amount of liability, not lees than
30,512/.., of which 213,5601. is due to unsecured creditors.
Assets, including a small am not of pmrerty held by cre-
ditors, 1.1t10i.; leaning a deficiency.' 29.332/.
Mr. Linklater, for the bankrupt, asked for an adjourn.
meat, as the ores was one beloogieg to Mr. Commissioner
Pane.

Mr. Barber, for the smalltime', did not think that any
beoellt would result from au adjournment. In December,
1562, Mr. Leigh bad executed a deed for the benefit of his
creditors, agreeing to put by so much a quarter out of his
salary. He had made payments to the amount of 7704,
but the creditors would not come in.

Mr. trod said he opposed for Mr. Flight, and also for
the Mutual Loan Fund Association. He wished shortly to
examine the bankrupt.
The bankrupt deposed that the petitiming creditor was
Mr. E t, stockbroker ; his debts arose from dealinp in
shares sod stockbroking transactions. Tame were specu-
lations, not actual investments. He bad been made bank-
rupt on a declaration of insolveacy. Another of his creditors
warn Mr. Daunt, also a stockbroker. The transactions with
him were of the earn, character. Those two creditors
voted for Mr. Biggs (of the firm of Honey and Hum-
phries, accountants), as amigos.. Did not know Mr.
Beggs previously. Had never seen biro, and did not now
know him by sight. Knew Nears. Wild and Barber, who
were acting u solicitorsto the assignee. They issued •
writ against him in 1862, on behalf of Mr. Everett. la
December, 1862, he bad filed • deed of arrangement under
the Bankruptcy Act. He was then occupying a public
position with • salary. Coder that deed he aware to • het
of 46 creditors, whose unsecured debts amounted to 27,0001.
and upwards. In the present list of creditors 7.9064 of
those inserted under the deed were omitted. He could
explain all those omissions. In his present schedule there
oars new creditors for 5,806/., who did not exist under the
deed. He did not know the exact number.
Mr. Segued naked for an adjournment, the creditors
having wave to furnish requisitions to the bankrupt.
Mr. Lio.ldater °roomed to examine the bankrupt, Is order
that he might give the necessary explanations.
Mr. Sargon d—That would lead to a very protracted in-
quiry, and sug,lested that the matter should not be further
pee into.
Mr. Linklater aaid he had consented to se adjournment
without any SW!. ioation at all, and that course would have
been much fairer tr. the bankrupt.
The Commisioner Let the cue be adjourned ; only it
ought to be known that while the bankrupt admits the
diacruencia referred .to, he stator himself ready to give an
explanation of them.
The further hearing wan then adjourned to the 11th
November.

-
DT hi h W. • /EWER.
me brokro pt was daaenied es 'aeronaut. late of Becoa's
Haw. Greet Quaaa.assaes, And previously of the GrO•••1110f
Hotel, Pimlico, and gums a whipper for debt. He came
before the court on accounts fl 'revered by Mr. Smart) show.
mu liabilities of 36.7.15 d., wile assets estimated et 19.500 f.
'Thera wee so opposittoo'; 1h • bankrupt peened, and ob-
taieed his order.

ASSIZE INTELGIGENCE.

MIDLAND CIRCIIIT.—Lx.nos, Arorsr 12.
(Before Mr. Jostles Mu khan..)
HCSMIti r. MITHL-1/ILI CAM.

This was se Woe directed by the Court of Probate to try
the validity of the will of Jobs Myer s, listed Febraluy,
1e163, the phdatiff Wart the sole esessiter, andter, the defendant
the testator's brother. . .. . .

Thrisid;i:4,7Ciii., and Mr. Mettle re ere tsr the
dafs-
tiß; aad lit. Cvereod. Q.C., and Mr. Kam Ay for the de-

The testator died ow the 36th of Apnl, lti4, sad the
real queatiso is the cams was whether at the time tie mad*
the will he wee is • wand state of mind, or had ham =duly
iallneseed by hisister sad larotbor.in•las, Mrs and Mr.
Whitaker, who diadem we.. boosfited by the will. The
testator livid sear Oiler, and was sixty-fear woos
of ego whim bodied. Ito bd resided witl lb • Whitaker.,
who bad three diadems. s boy wed two gine, all
aader age. The testator did not leave s large property.
At Shneo fad lurhad s semi estate worth about l,:alet.,
bat subject tea mortgage of lOU, sod this he left to his
nephew, Mr. Whitabor's moo. Ma had deer Mawr property,
worth about AOL. rod dish, to his tee a item Vhs
&foldout woes market gardener well to de„sad there woo
Do memo why the testator alsold have Nat anything is
peafervam to than with whom be Lend. wed fee
when he eatertaiked a warm affectiou. Wbea the
will war mule the testator wen pufectlyceorepeteat is
caseate it, bat in &Sober, Ihll2, tio was asked with a
paralytic stroke. wail.was weer afterwards the man be had
boss hiders. Tim karneekcounsed for this plaintiff aid be
should sail several witnesses to show that tbotostater hod'
always boon tasated and bud-send es a asse twin ; the only
wadi ores be had wane desire to lawny *Aromas with nosasy.
—Gangster)--s weallasee which was asuman to a. large,
comber of pones. (Raseired. lauglitor.',, This being-
known. people seed to bear the terstar, by forwarding
bias letters purporting to herwritlea by ladiesel property.
A large aursber of witoureewore odhid to wove that the
betake was competent to saingehis owe atlas
Oa the oilier had witnesses were cacitr.ieed to grovel
that the testator wean' irobeeikyand hesompoloot tom/Awl
a will.
The jury rstonied aveadist forth,* pintail&

MOO ITHER.N coact.—Livaarooup A trouse 12_
(Beams LashChistilestiss CoeMara and • Special Any.)
11•11.VIT V. tall iricAminas MID TOILLBPJIIII ILVIIVULT.
•CllO/1 lel COll2/731*•/10%.
Tb• plaintiff, Thome Harvey,. is a cattle- dealer. His
busman wasalincet solely ecedned to rrelaanotil recently,
whoa he mimed a the Itegliah trade, sod ultimately es.
tenni into partnembip with s H. Tarpon, of Heywood.
His minium an liaised &TOMO; about M. per weak, bah
iscmued is England to about IUL. A Welke of November
Wt he wished to have some catAlomaveyed from Liverpool
to Heywood by the Laaesshire and Torkehhis Railway, and
boamoranigly took them to the Crest Howard-street &in-
tim, where they were placed is, trucks, taken to the dead-
bills Maths, andultistately disided to 71litteharn-sereet„ for
the purpose of being attached to • pasonger tranp. The
plaintiff, as he had • perfect night to do, rode with his
cattle, in order to look after them. As far as &Adkins
be rode upon the engine, but here be left the engine, and
got iota ono of the trucks with the cattle, oaring is the
enginemen, who appeared be have been drinking
pressing him to " stand treat." Whoa the troths sabered
Titliebarn•atiest nation they were shunted with such
violence that the plaintiff was throws down, sod the cattle
fell upon Dim. The plaintiff's leg wen fractured is Goo cm
two places, and his nervosa system received snob • shock
that he was obliged to remain is the hospital from the Mk
of November until the dyed of Fithtniary. He ales bees I
ceder medial treatisest, sod now gets about epos crutches,
The defendants admitted their liability, and bed paid foe
injuries dime to the caul.. The sly question for the pry
was the amount of eompeseatios to be awarded. They
found fee the plaintiff —damsgesllol.
Mr. Aspinall. Q.C., and Mr. Charles Rowell, appeared
for the plaintiff ; sad Mr. James, with Mr. Junes,
for thedefenclants.
(Before Lord Chief Justice Cockburc and a Special Jure.)
nu= V. THE NIABCEILSTI2, SHEYFDILD, AND LINCOLNEIBUDI

ILLILWAY.
The plaintiff is this action, 11r. Thomas Wilde, living at
Hyde, in Cheshire, is a contractor and owner of • stems
quarry, sod he sued the above railway company for corn.
sensation for serious injuries he had received, owls', as
be alleged. to the ceteheeness of the company.
Mr. Hotter and Mr. Jordan were counsel for the plaintiff ;
lied Mr. Temple, Q.C., and Mr. J. A. Russell were for the
defence.
Os the evening of the 26th of December last, the plain-
tiff, who is a married man, 32 years of wee, and the father
of four children, was at Glossop, and booked from there
to the Newton station on his way to 'Hyde. He
changed carriages at • station called bootee, sod
got into a carriage third from the engine, in which were
seated amongst other passenger. one tamed TOMii0•00, also
• contractor, and one of the tame of Ives, with whom he
entered into eonversation. When the train, which was one
of considerable length, arrived at Newton, three or four of
the foremost carriages went beyond the platform, the train
sot being pulled up so woo as it should have been. It was
about nine o'clock, • very unpleasant eight, and dark, and
the plaintiff alleged there was no light at the station, or
if any, of a feeble description. The signal was sot given
for the train to he backed to the platform, and several
of the passengers left the carriages. Among them
Ives opened the door of the carriage in which
he, the plaintiff, and Tomlinson were seated, and
got out. Fortunately be acted cautiously, and walking
along the footboard of the carriage succeeded in landing
on to the platform without injury. The plaintiff also left
the carriage, ea be stated, stepping quietly out ; but the
defendants alleged, he sprung from the carriage, alighting
upon the hauJle of a water task. The injuries he
received about the lower parts of the abdanes and the
groin were of the meat frightful character, and such as
meet be described. The unfortunate man gave a cry of
agony ; a light was then brought, he was assisted
to the s'atioo, proper restoratives were supplied,
• medical man was sent for, std ultimately the
plaintiff was got home. He had rises suffered the most
extreme pain, and was still very ill. So serious were the
*tines that be had been ever since under medical treat-
ment, and wholly unable to attend to bestows. He had
acquired a stooping position, and the malaise lad become
so contracted that it was possible that he might never be
able to stood erect. Previous to the occurrence he was
in good health, sod the laminae from his besieges was said
to have bees 6!. or 71. a week. The entirees attributed
to the defesdants consisted in there not being sufficient
light at the station, and also the train bait% left beyond
the platform. One of the medical men who had attended
the plaintiff was of opinion that he would sever recover
from his jejune. ; soother considered that he might recover
is twelve moods. ; and a third that he might be able to
attend to bositoot la six IMOSill&