The Express.
London, England, 1863-11-25 00:00:00

IN as COLOILL WAUGIL.

171/111'09Y.

or via sasisun ',Box

His Honour gave his anal judgment on the application of
Oolong Waugh, which has been several times before the
court, to be Mimed from custody. He said be had
postponed judgment ou account of the new clia.
ratter Oren to the case by the mignon, through
their soliellor, Hr. Linkkthr, withdraviag all further
opposition to die bastrapt's dineharge. The primary object
sad mimosa of the 112th section of the Bankruptcy Cm.
solidatioa Ad, under which the spoliation was made, was
fle iperes and crediton the of the bankrupt's
in rendering account' end making a full disclosers
end discovery of his estate sad effects. This object was
sew wholly forgotten, and the section was looked apes as
we of gaol delivery simply. Looking at the present case
in that view, and ft that the assignees fully and
freely emeented to the niece of the bankrupt, the mart
was disposed to bold with Mr. Sergood that they would
net do so, unless they believed that by his being released
they would obtain • more full and complete diatheses of
his Woks than they could otherwise do ; for it was
obvious to every puma of women sense that
either the accountants appointed by the omit
(Mmes. Brown and Dubois) nor the solicitor to the
agnomen (Mr. Linkkter) could make proper inquiry into the
ems while bankrupt remained in prime. While is this mai-
Mon be °weld not do judos to his creditors ; and that was
• main ingredient is the mercies of the mart's diecrelloa.
1$ wee seed the court bed ore furhdidios blame the bank-
rupt nee is custody under • writ or promos issued
by a of Court of Queen's Blank Bat this
was • mistake • the 112th section of the Bankruptcy
Coosolidatioe ACt pve the court abundant jurisdiction, for
its terms embraced every poem who was in prison or in
custody for debt, and who bad been adjudicated bankrupt,
bed earreadered, and had obtained protection. The &sorer
tier* given to the court wen most unlimited ; it might order
the redeem of any mob penal, either absolutely, or on arch
oneditions as it thought fit. Another element in the case
though not the principal me, was the made in what
the beakropt bad been imprisoned and kept in
custody. There was no doubt that the claim or demand of
50,033 i. ea which be was arrested was not • debt that could
be proved lo that court ; for the proof bad been rejected.
and there had been so appeal ; end it further appeared that
the debt was honed by the statute of limitations before the
aired err ands. He bad been arrested ea as affidavit,
made behind his hook, by one of the officialriln_amEs
of the Leedom and Eastern
Ba
sad bed required to Sod two earetitiele
The grossest opproodos known in the history of our law
erase from denseedieg exemeive hail, for it might lead to a
sae's being locked up for ever. When proceeded spied
the bankrupt had entered an appearance to the satin ; but
trout that moment to the present (eight months) not we step
bad bees taken by the pialatht It wee the same as
if a stet promo= had boon entered. The plaintiff
bad declined to go forward with his suit, and the
court saw no memo why the bealutP should be
looter detained in middy. This was one lapedient, but
not the ash one which Wand the mart to exercise its
diraretim Y fairer of Colonel Waugh. The maks me&
aeration us% that in his premed Dominos the creditors could
net Atoka hem the bankrupt that full discovery and dn.
demo of his setae whiels they were entitled to have. Under
those einsamsbutoes the court had mom etc the cooolasion that
tt ought to order the immediate release of the bankrupt from
custody. To give the detaining creditor the opportunity of
appealiag, if so advised, the order of release would remain
with the registrar of the court, and would not be pot in
form for fourteen days. By granting the bankrupt's re.
lease the court, of coarse, pro no opinion on his midget
or midfields. It was the first principle of our law that
no man, whatever the outcry against him, was to
be punished Ind and heard afterwards. Let
Colossi Wsmh's media be thoroughly sifted, as no
doubt it 'oath be, seeing is whet good heeds the matter
was; sad when it was fully inquued into let him be cm-
deased, if found risserviag of it.
Mr. Beeped asked the court to Sr seven, lasted ci
feurtess,days, so the prkdallowed for appeal.
Mr. O. B. Lewis, who represented the detaining creditor,
mid it might he oseemory to make application to the Vice-
Chancellor, in wham court the winding up of the Easters
Bank wax isrocesding,
His Hamer said he would allow fourteen days, as he bad
originally dated.

THE POLICE COURTS.
(THIS DAY.)

MARLDDROIJOH43I•REET.

In former yews maroely • daypad without a number
of Preach prostitutes comiog before the magistrates of this
mart on all kinds of c with applications for Inm-
an:sem of every sort--aieWta, threats, abuse, &C. The
bound them over to keep the peace over sad over
bat without any result, and only the abolition of the
brothels in Qusen-street and Sherrard•street by the parsh
authorities of fit James's had the desired effect of dispersing
them women from the smell ewe of ground they formerly
oseapied almost to themselves in large numbers. It was
therefore • matter of surprise when last week about a doze*
al three warm besieged the court, applying for summonses
sae mgaind the other for assaults. Ir. Scale, the presiding
=Vika* greeted each applicant as many summonses as
she asked for at the rata of 2s. each. The caneqmence
was that about 10 summonses were taken, croes.eumtuotwes

o,loi 1701111•IMILMODOOO.
The first summons which came on for bearing was
" Marie Delisle v. Anna Boleyn" for assault, sod on the
defendant being asked bow she came by her name
she eplied " That she believed she came down from Henry
the eighth ;" the next summons was " Amen Boleyn v.
Marie lisle," for runiesalt ; then " Felicia Bernard v. Anne
Boleyn," and "Anna Boleyn v. Felicie Bernard ;" these
were followed by Fetid, Bernard v. Began" (a friend of
Asia Boleyn'.), aid " r. Marie Debele." sad some
odors These sees were beard one after the other. At last,
with the asistanee of the interpreter at the court (Mr.
Charles Albert) the ewe were got through, the result being
that Marie Delis* a most notorious French prostitute living
with &convicted thief. arid Felicia Bernard went fined 40a.
each sad cost% the other summonses being diseabsed.

WANDSWORTH.
MUSDIBOUS Lemieux UPON ♦ CONSTABLE.
. . .

DanaKrmaggoty a cooper, Rein in Batterese, was
brought before Mr. Ingham cm remand, charged with aril-
, tally assaulting Rohos-cosistable George Ward, No. 417 V.
with a large stiok, and damaging a police lantern. value
2s. 6d.
When the primmer was examined no Monday. the fol.
lowing medical certified,' was headed to the magistrate :
—" Betters's, Nov. 23. 1863. 1 certify that police-con-
stable George Ward, 417, sufferlag from avers contu-
sions of the back d the bead and neck and right shoulder
and elbow, also Rem a seetased wound of the mouth.
He is therefore quite unable to perform his duty. dohs
0. Richardson, polies surgeon, Lc."
The constable, who appeared to have been severely mal-
treated, stated that about halt.past 2 o'clock on Sunday
morning be was on duty in the York-road, Battersea, when
he saw the primmer come out of a house a tew steps
before him. Not liking his appeanusoe he followed
him slowly bellied. The prisoner walked about
160 yards. and thou stopped mail witness ap-

him. lie shook his hood in witness's
see, called him by so offensive e►ithet, and said that he
owed him a grudge. He told the prisoner that be bad
better go home, when be said. " I suppose if you fight you
will fight aith your staff." He went into a homes in the
Lavender-road, and brought out a stick behind him, and
said, " Now you can hit me with your staff." He
thee bald up the stick and struck him a violent blow
across the head with it and knocked him down senseless.
When he recovered he found the prisoner Wmling with
another constable. Before wham could get up the prisoner
attacked him again with the stick. He received some of the
blows on his right arm which was quite disabled in mo-
ngooses. The prisoner woe sober, and after a desperate
struggle be was locked up.
The ■tick was produced. It appeared a very formidable
weapon and was ciaed with brass.
The constable said the prisoner was a stratum to him.
Inspector Loveless, however, proved that the prisoner wee
convicted for assaulting the police at the cattle show in
Bsttersenperk.
The primmer declared that he was first attacked by the
polies with thew staves, be; the witoreess proved, that they
were not drawn until after the stick had been used.

Yr. Ingham aid he should mad the Onset for triel.