The Express.
London, England, 1862-06-24 00:00:00

COURT OF COMMON PLEAS.

dime at NW Print I. Middloara.—adore Lord Chia
Judos EtL aad a Bps.l Jury.)

IDDIOLII WU& -PA7TAL AOC/DINT .

The piebald( to Wm ease seed as
mother to reenter damages in ooniequeoes of the old lady
bevies been run over and killed.
Mr. Best sad Mr. Butler Rigby appeared for the plaintiff;
and Mr. &deist ghee and Mr. Needium for the defendant.
The plaintiff was a milliner and straw-bonnet maker in
High-street, St. Giles's, but having had the misfortune to
be paralysed her mother was of great assistance to her,
is fact doing all the hard work ; for although she was 69
years old she was in good health and strong. On the
16th December last the mother went out for some beer,
and had crossed the road so far that she was
about stepping no the kerb when • cart with bundles of
wood in it, and belonging to the defendant, a timber mer-
chant at Deptford, came along at such a furious that
although she saw it three houses off she was le to get
out of the way and was knocked dove, run over,
end so seriously hurt that she died. The driver
el the cut wee a men named Davis, and he was
kid at the Old Bailey, found guilty of manslaughter, and
sentseced to three 'swaths' t. Since the death
of her mother the plaintiff had been obliged to employ her
sister, and to get other sesetanee at a coot of about 15s. a
week. The business had belonged to the plaintiff and her
mother jointly, and now the plaintiff had the buggies to
herself.

of her

Idr. Serje►at Show submitted that under these circum.
steams there was no pecuniary loss for which ►lone the
plaintiff could recover under Lord Campbell's act, ►nd that
therefore there must bea nonsuit.
. . . .

The Lord Chwf Justice rid that be should reserve the
point ; but the ground of claim under the statute, which
was a very beneficial one in some respects, was so very in-
&d elta that it was extremely desirable that those mimed
in legislation should turn their attention to it.
Yr. Sergeant Shoe thought that they were more likely to
do nothing, and to leave them to mud dW through it as they
could. (Laughter.)
Some evidence wagerer' for the defendant with the view
of showing that there was no negligence on the part of his
servant, or that demand might have avoided the accident if
she had been more metal
The jury farad a verdict for the defeadant.

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Poshleague.)
II 11l THa ORIAT TAIDIOUTH COAL COMPANT (marrinn).
This wee • sitting appointed for settling the list of con-
tributories in the above company. The oompany was
established for supplying Yarmouth and the adjoining
country with seaborne coal ; but its operations have not
less sueocesful, and a winding.op order was recently made.
The liabilities are not considerable—under 1.0001. One of the
principal creditors ia the Marchioness of Londonderry, for
coal supplied ; the Earl of Durham is also a creditor.
The shareholder, are about 103 in number, chiefly penance
resident in Yarmouth and the neighbourbeod, and in the
rissfority of came holding a few shares each. Their names
ware placed on the list without oppositkm. As the shares
are of 11. each, Nadu llis. has already been paid, the call
will only be for be. per share.
Mr. Maples appeared for the °facial liquidator.

(Before Yr. Registrar Hastits.)

124 RE 111•7111, DEXWANT, AID RUB& -D1V1D12112.771318?

ALLOWANC"C TO BAIIIMPTII DWDEE TIN NIW ACT.

The bankrupts wen warehousemen, of Foupain's-court,
Aldermanbury. They came to the court shortly after the
new act came into operation, and obtained their orders of
discharge without opposition. The liabilities were of the
extraordinary amount of 24,0031., including a large debt to
the executors of the late Mr. Caster. Dividends of 11a.6d.
in the pound have already been paid, and the assets in hand
will yield • further dividend of le. 6d.
Mr. F. J. Reed appeared for the assignees, rid submittal
to the creditors present the accounts of Mr. Honey, the
meager of the estate. The assets Ia band would suffice to
pay a farther dividend of le. 6d. in the pound, and also
thedividend of 11. 6d. on the new proof. now admitted.
It was not probable that there would be • further
dividend for some little time ; there were still
some meets to collect, but they were so situate that it was
impossible to obtain immediate payment of them. If the
creditors approved of the proposal for • dividend of la. 6d.,
they would a*nify it by signing the resolution. Another
question would also be submitted to their consideration
under the same section of the act of parliament (the 174th),
which mutated the payment of dividend. The ere&
tore now to consider, under the latter
clause of that section, what allowance should be
made to the bankrupts (who had already obtained their
order of discharge), out of the estate. Under the old act
this allowance was left in the discretion of the court, and
was in some rampart conditional on the amount of dividend
paid. It was singular that though the 174th section of the
new act in effect superseded the clause of the old act which
be referred to, that clause bad not been included in the list
of those repealed, owing, as he was informed, to an error
on the part of some officer of the house.
The giarri. r—Zhu only mum why it was not specifically
repealed was that there was some mistake on the part of the
clerk ef the house. When the non.inclmion of this clause
in the schedule of repeal was pointed out to him he said it
waste° late to put it m then.
Mr. Reed said that assuming it to be repealed. the credi-
tors had • right to make any allowance they pleased
to the lenkrupts. Mr. Decant had been able to devote
himself to the interests of the estate much snore effectually
than Kr. Beater had been able to do, owing to the ill-health
of the letter; and the creditors and assignees felt that in
panting an allowance to the bankrupts, they should take
into account the very valuable assistance they bad received
from Mr. Dennant, but at the same time without casting
any refection on Mr. Beater, the state of whose
health alone had prevented him from taking a
more satire part in realising the estate. It was suggested
that the allowance to Mr. Dennant should be 1,2001. ;
to Mr. Beater, 800 f. ; and to Mr. Rms. 3001. If the credi-
tors did not object to that propaml it would be included in
the resolution.
Mr. Parrott, • creditor, said he fully concurred in the
and in all that bad been said by Mr. Reed respect-
bankrupts, Mr. Dermot had been indefatigable in
rendering all the assistance in his power, early and late.
Mr. Hooey (the manager)—l quite oorroborate that.
Mr. Parrott said that Mr. Beater and Kr. Dennant had
been in the concern, the one 42, the other 39 years, and
they were now left in the down-hill of life with-
out any MOMS of support. Had the stock been
realised at the death of Mr. Caster be doubted
whether there would have been a surplus. It ought also
to be mentioned that the separate estates of Mr. Better end
Mr. Dormant would yield a larger surplus than the amount
of allowance now proposed to be made to them.
The resolutioe was unanimously confirmed.
Several proofs al debt were admitted.

SHERIFFS' COURT.
(Moro Mr. Oosimiedomr Kerr.)
to roa • WITS MID alum TILII LADY 701 £27.
ITII IP. [OWAITSCL _

The plaintiff in this case nou,Ot to recover 51. upon •
certain I U U, alleged to have been signed by defendant
on behalf of a third penes.
Mr. Buchanan (for defendant)—lf your honour will
permit me I an simplify matters very much by stating
that no consideration ever passed for the I 0 U. The
defendant is the bead conk at the Castle Tavern, in
Oraham-street, and he was acquainted with • Mr.
Camera. Now Mr. Camera advertised for a wife—Slaughter)
—and a certain young lady answered the advertisement
(renewed laughter). Mr. Camera, however, was not quite
satisfied ; either the lady was not pretty enough, or bad
not money enough. (Laughter.) But Oa some reason or
the other he said to defendant—" You want a wife ; it is •
pity the lady should be disappointed—(langhter)—you shall
hare her for 271." (Shona of laughter.) Defendant, think-
ing a good wife cheap at 271., gave a bill for the amount.
(Here the gravity of the Judge quite gave way, and he could
not bat loin in the bunts of laughter which greeted the
swab the learned gentleman.) Malady, however, turned
up her nose at defendant. " What !" said she, " marry •
cook—a common cook !',No, indeed, I haven't come to that
yet." (Great laughter.) Mr. Camera then said to the defendant,
" Well, the sale is off, and you may have your bill back. but
she may be sued, for women are changeable, so you shall
have her for 51. Give me your I 0 U for 5/., and if von
should marry the lady pay me." As the lady was still ob-
durate, he (Mr. Buchanan) contended that no consideration
had papa.
MIAS Bye (the plaintiff) said she bad been barmaid to Ca-
mera, who owed her 151, wages, and gave her the 1 0 U is
part payment.
Mr. Camera said that the defence set up as • preliminary
asp by Mr. Buchanan was not altogether correct. Wit-
Dees bad kept defendant for six months, and had lent him
money.

I did not advertise for a wife. A frieod
of •rire did. filwaskt that the defendant was hard up for
• wife—(langhter)—rsod I told him he could have the lady.
His Honour—Why don't you pay plaintiff her 151.
Witness—l have been bankrupt.
His Honour—Did you advertise lava wife before or after
your bankruptc ? (an of loughter.l
Witness—Before.

Mr. Buchanan then called defendant, who denied that
COMM had kept him oe lent him motley. Camera wrote
oat the I 0 U himself. The facto were as stated by klr.
Buchanan. and the only thing giving rise to the 27L bill and
the fd. l 0 U was the lady who was sold to the defen-
dant. (Laughter.)
His Honour considered that defendant had made out his
ease, bat it wail rather hard npon Bibs Bye, Mies Bye had
her remedy against Camera, bat now thaw most be a verdict
far the defendant with meta

1417NDER IN WI COI7N/T DUILIN.—At 3 o'clock
en Saturday • murder wu perpetrated in the village of
Betrothal by a man named Callagbaa, who strangled an
aged man of the name of Maginais, hie owe brother•ia-law,
Is • garden, where they had been at work together. It
appears that a family dispute had been going on for a long
tune between the parties as to the ownership of a plot of
ground, and that on this comical Callaghan wreaked his
vengeance upon his adversary. He is in the hands of the
authorities, awaiting the result of an inquest.

THE POLICE COURTS.
(THI3 DAY.)

BOW-STREET.
" NEW TO THE Dowirse."

A little girl of about thirteen years of age wee *pad at
the bar, charged with stealing a quantity of yearng
tared, ho, the property of her father, Cornelius Grigg, •
The moseutor commenced
.by dating that the prisoner
had robbed him of various articles.
Mr. Carrie—How do you know she took them?
Witness—Pfer mother rays—
Mr. Carrie—Never mind what her mother told you. I
=ppm all you can prove is that you Inst some things.
Witness—Your worship, I lost • donkey load—(a laugh)
—and the constable found some of them at this good lady'.
shop (pointing to the next witness), and my little girl
owned she took them there and sold them.
The constable (Sergeant Parker, F 4) prodnoed the m
party in question, consisting of man's and woman'. clothing,
which the prosecutor and his wife identified.
Emma Banks—l am the wife of Alexander Banks. We
keep • wardrobe shop in Marquis-court. I purchased the
property produecd from the prisoner.
Mr. (orrie—Then you did very wrong.
Witness—She said her mother sent her, and it wee to
get money to pay the rent.
Mr. Carrie—Of course she would not may she stole the

things.
Witaess—l never thought anything was wrong for •
minute. Why? when I would not give her what she wanted
she left the things on the counter, and went away to me
whether her mother would take my rim.
Mr. Corrie-1 have known many • case, sot worse than
aim, where • person has had two years' imprisonment for
receiving stoles goods.
Wastes—l impure you we are quite new to the business.
Mr. Corrie—l should advise you not to do say more of
*the " business of buying things from children without
airy.
iVitness—l will never do it again.
Alexander Banks, the husband, hers came forward, and
being similarly rebuked, said be did not buy the things,
but his wife.
Mr. Carte--You would not like to kilo her company for
two years?

Mr. Oorri;--lien ;ale her be more earetol. The pro-
perty found mut be given op, and I shell remand the pri-
moor to tee if the remainder ma be reooverod.

MARLBOROIJGHSTREET.
ATIMIIIPTILD SUICIDE DI ♦ TAVERN.

Ivrea. Beasley,; respectable-lookingyirtirigman, a clerk
oat of employ, was chimed with attempting to commit
suicide at the Madboraogh Head Tavern, immediately op-
posite the polio. court.
James Reeves, 41 C, said that on the previous afternoon,
about half-put 4 o'clock, as he was paring the Marl-
borough Head Tavern, he was called by Mr. Elwood, the
landlord, who said a person in the house had taken poison.
He found the defendant ins state of stupor, and took him
to the Middlesex Hospital, where an emetic was ad-
ministered, and he was informed that he bad taken an over-
dose of laudanum.

Mr. John EliVr-Ood, of the Marlborough,Reed, said he was
acquainted with the defendant, and be was • very respect-
able man. The defendant came to his home the previous
afternoon and had something to drink, and asked him to
bind him a bottle. Re did so, sod the prisoner went out,
and shortly after returned, and asked a painter at work at
his home to have something to drink, and bad something
himself. Shortly after, on his going to remove the glance,
and seeing the empty bottle he bad lent the prisoner on the
counter,. he smelt it, and found the bottle and one of the
glasses had contained laudanum. He (Mr. Ellwood) then
seat for • doctor, and the defendant wee afterwards
taken to the hospital.
In answer to the magistrate, Mr. Elwood said he believed
the defendant had done it owing to family matters. lie had
written to the defendant's brother, and he bad no doubt he
would ►ttend and take care of him.

Mr. Tyrwbitt said if the:bt;il;;;ettended, the defendant,
who should be detained in the meantime, should be given
up to him.

IMPERIAL E

1
b•

HOME OF COMMON&-(THIS DAY.)
The firstom took the &sir at 12 o'clock.
POLICE AND INPROVENENT (SCOTLAND) BILL.
The bones west into committee on this bill.
Claims Ito 16 were signed to, some verbal smeodotents
being !ado is some.

-4711 clause 11:-
Bir M. 8. STEWART mid that this bill consisted of 500
chew*, some of which were monstrous and others nonsensi-
oaL His objection was that the bill placed the proprietors of
Led and beam in Elootlaed at the mercy of magistrates and
oostexisionnre. His hope was that the magistrates would
not put in fore* at kiwi 400 dames of this bill. He did not
believe the bill would pus, and be hoped it would not.
The LORD ADVOCATE oould onlv aooount for the

stroog =premien. d the hon. member by supposing that he
had not nod all the clause* of the bill. The nossate, he

Wie;:a;;;:rib:irZgaiwiih the greatest benefit lo &mt.
Lod in a sanitary point of view. The bill had the approval
of the boroughs of Scotland. The only difference between
this and Lord Rutherford's sot was that the teems would
be enabled to accept sod put in force any one clause of the
bill. Re believed the bill would be found most useful,