The Express.
London, England, 1852-01-16 00:00:00

THE EXPRESS, FRIDAY EVENING, JANUARY 16, 1852.

Croft as witness, to which Mr. Ilumarry, fur the plaintiff,
objected, when his lordship da cured that he was of opinion
that the wife of a party might be called as a wain's,
although a different opinion ou this point had been enter-
tained. The wife was accordingly examined; and, in sum-
ming up, the learned Judge drew particular attention to
the importan, of hating admitted the wife as a witness in
the present instance, when the wife was the only person
who could possibly have any knowledge of defendant's pri-
vate business matters, the husband having nothing to do
with the books and apparently devuiJ of memory.
Verdict for the plaintiff for 1001.

COURT OF COMMON PLEAS.—YESTERDAT.
Mlfl3w It Basco.—barucz Om, Jvfme. lawn., Ma. Jt MCI
atnNt. Jvrnca WILLI/MP.
lIAILHUON r. TON thICAT NOWItHICIIN RAILWAY COM-

-- --
PANIC. C T Ti) surevr Suirretut.
The declaration in this case was founded upon a contract
between the parties to the action, dated the 12th of Fe-
bruary, 1817, by which the plaintiffs agreed to supply
350,000 sleepers, according to the orders to be given by the
engineers of the company. The plaintiffs complained in
this action that the company's engineers had neglected to
give the necessary orders for the sleepers, so that the plain-
tiffs were unable to supply them and realise a profit by
doing the business. The case came before the court upon de-
murrer, but the question discussed was whether the con-
tract was only that the plaintiffs should be ready to supply
the goods when the orders were given, or whether it con-
tained a corresponding liability upon the defendants that
their engineers should give the orders.
Their lordships, alter hearing Mr. Wines and Mr. Bovill
took time to consider their judgment.
Judgment postponed.
Bureaus at Noe false IN INIDDIANIX.—B*I9III Ma. JUITICS
TALPDAMD AND a U.anna JI-M.
BUSIN2BB UP Till COURT.

This morning the court sat hr the purpose of disposing
of the causes set down for trial at the first Middlesex
sittings in term. There were 21 eases in the list, one of
which was marked for trial by a special jury ; four were
tried as undefended, and several were made rernanets.
DA' T. JIAILT.-111TROPEG NEGOTIATION OP A BILL OP

EXCIIIANOR—Tas xsw EVIL/ENOS LAW.
The plaintiff in this um is butler to Sir Herbert Jenncr
Yost, and the defendant d an army and navy tailor in Re
gent-street. The action was brought to recover as money
had and received the sum of 261. Its., part of 301. paid by
the plaintiff in d'scharge of a bill of exchange accepted by
him, and handed to the plaintiff's son, under the circum-
stances stated below.

Mr. lluddlestime and Mr. Powell appeared (or the plain-
tiff, and Mr. Gifford was for the defendant.
The plaintiff's case was, that on Saturday, the 26th July
last, be was in want of a small sum of money, and applied
to Edward Hart, a son of the defendant, to lend ham 31.
until the Tuesday following. This sum Edward Hart
'greed to lend him upon receiving 64. for the accomminla
Lion, and security fur the advance. The plaintiff offered
to leave his watch as security, but this was declined, and
the plaintiff then said that he had ha his pocket a bill of
exchange for 301., and it was agreed that he shoukl leave
this bill as security, and he did so. According to the
plaintiff'. cam, Edward Hart got the 3/. of his father. and
the advance was really made by the father. On the Tues-
day following the plaintiff called to pay the money he had
borrowed, and get the bill back, and he made aeveral sub-
sequent applications, but he could not succeed in regain-
ing possession of his acceptance. At length, however, he
was threatened to be sued by Mr. Wilson upon the bill,
and paid the amount of it, and it was to recover the di!•
ferenee between the amount of the bill and the 31. Cis., as
security for which it was deposited, that the action was
brought.
The plaintiff was called, and his evidence wee to the
effect above stated. lie applied to Edward Hart for the
loan in his father'. shop, in Regent-street, and Edward
Hart went to his father, and, as witness believed, got the
money front him. The father was within hearing of what
pass. d. The bill was an accommodation bill, given to
enable witness to put his son in the way to become a na-
Mast schoolmister. .

Mr. Wilma, an upholsterer, of Holborn, said that Hart,
the elder, bought furniture of him to the amount of 111. 51.,
and pledged the bill in question as security for the amount.
Edward Hart was called on the part ef the defendant,
and he stated that the plaintiff applied to him to discount
the hill, which witness agreed to do, after he had made in•
quiries u to it, and he gave him 31. on account out of his
own pocket. His father was not cognisant of his arrange-
ment with the plaintiff, and afterwards witness discounted
the bill with his father.
CI

-Ile discounted it in the usual way of
business. He was to give plaintiff 251. for the bill, but he
did not give it to him, in consequence of what he had
heard respecting him. All that the plaintiff had said was
• gross and wilful falseheod, except as to the 31. When his
father discounted the bill he gave witness 15/., and deducted
151. from what he owed him. He had never endorsed the
bill to his father, as he never asked him to do so. lie
spoke a word to his father about the bill.
His lordship at the conclusion of hi. evidence directed
that this witness should not leave the court.
John Hart, the father, stated that be remembered dis-
counting the bill fur his son, and that he gave him 151.,
and took 151. off his account. Ile never knew Bart until
he served him with the writ in this action. Ile never lent
him 32., and he never saw him and his son iu company in
witness's shop, but they might have been there without
his knowledge.
The bill when produced bore no endorsement from
Edward Hart to his father, but was endorsed by the father
to Mr. Wilson. When Mr. Wilson threatened to sue
upon the bill the whole amount of it was paid to his soli-
citor, who banded over the amount duo to him, and
retained the balance under a notice Irons the present
plaintif
His lordship summed up, and the jury after a short con-
sultation in the bus gave a verdict for the plaintiff fur
261. I4s. and stated their opinion that the defendant had
taken die bill with knowledge of the circumstances under
whisk it was got by his son and without value.
Saws doubt was entertained by his lordship es to whether
the form of the action was right, and he therefore gave the
dshisdast's counsel leave to move to enter a nonsuit.

Mr. Huddlestone (at the conclusion of the ease) asked
whether Edward Hart, after the evidence be had given,
was to be allowed to leave the court.
Mr. Justice Talfourtl said that he did not think this case
fell within the rule upon which, he, at least, should act
under the recent statute, by doing that, which of course the
learned counsel referred to, commit far perjury. He thought
three things should concur before that course was taken—
first, that the judge should be satisfied that there was per-
jury; then that the jury should easter with him ; and
lastly, that the judge should think there was a reasonable
chance of conviction. These three things did not concur in
this case.

Mr. Huddlestone—Upon the last point—there were not
two w itneases to contradict him.
Mr. Justice Talfourd—That was so; but it was not neces•
wry for him to say more than he had said as a reason for
not exercising the great powers conferred by the act.

COURT OF BANKRUPTCY.-YESTERDAY.
Barons Ma. CONNNSIONLII HOLLOTD.
IN F.

This was the adjourned meeting far last examination
' of this bankrupt, of the firm of Castelli, Oiustiniani, and
Co., merchants, of Bury-court, St. Mary-ass.
Mr. Lawrence, representing the joust creditors, said it
had been agreed that the examination should be further
adjourned until the day appointed for the last examina-
tion of F. F. Braggiotti, another of the partners in the firm,
which was fixed for the 17th of February. The other part-
ners, &Teri., Castelli and (1. B. Oiustiniani, were disputing
the adjudication, and the question would shortly come
before the Court of Appeal.
Mr. Cotterill said the assignees had not had time to look
into the accounts; and on that ground, an adjournment
would be necessary.
The examination was adjourned accordingly.
The following is a copy of the balance-sheet as placed on
the file of the court. The accounts, which are very volumi-
nous, extending to 37 closely-written folios, hare been pre-
pared by Mr. Coleman, accountant, of Coleman-street.
They comprise the period between Jan. 1, 1849, and
Oct. 21, 1831.

Do.
To oredltoes an open await sad weeptances
To „ Is advances, holding awarlty to cover
ease 7,037 4 3
To neaten Is advaseee, parlysovered by ...nutty 236,137 9 3
To Caotelll, OluttalaaL, sad 00. (sew Ina)
To peados
To Prue °WM, sapital amount £27,383 7 8
Les Trander to the coedit of
puttee to when Yr. Cast/111
was Indebted Is • whoa of
Busboys, end labored ..
6,848 19 3
Total
Ca. £102,361 310
By debliwerutfia £1,793 3 1
B7&Mere
Lees yeepeety depodted with
other parties, the prove& at
whit& onto woe to the credit
of thine debtors 33,374 13 4 3,063 3 10
By averages 133 II II
By
By =t7of balance In the Bank of Finagled, which 3,807 13 3
By its's,
te
pneyerty by credchimed by ether who
hilly 1,000 0 0
mewed
Dieu yertially course
add by wed ton co weo•W of
third partner, sad deducted
hers deltas es above

1 10
Prank Call4lll, mounttelll, draws out by him 213
6,,601 419 14
3
P. F. liturotti, base mama of his drawbip
4.44 interest
Lames
id 414664
172,044 1 1
--
£402,661 9 10
_

BRISTOL DIS'fRICT COURT OF BANK-
RUPTCY—YEITIIIDAT.
(Stress Na. C. Out, MawArun.)
, A KV AIONNOUTII4I4IIGI AND OLAIDOWANINIKIII BANKING
COMPANT, KE JACOB JANILINS NICUOLAA, TIMIDLY MISR.
CHANT, NIWPoIT.
This is another bankruptcy arising out of the stoppage of
the Monmouthshire and Olomorganshire Banking Company.
The bankrupt came up today on his last examination.
The balance•sheet (prepared by Meson. Power, of Bristol)
extends from July 1, 1844, to November 6, 1851, and pre-
sents the following results
Da.
To creditors owenred 513,695 16 7
To mortgage ifeatwes 6.400 0 0
To 11.16litka
To espitil on Isly 1, 1141
To meta

.
By Art om 'rend
(1•0Abl'ul end had carried to lone.)
By molt ba ool*l to official re pee 370 II 8
By balance to erclit at beak at date of peittlom
By prole rty tersas or to be *kris by the 010111•814 14.091 5 1 '
It,. ii.dalizioe
I vy dinet,i.errod property
By Baer eaten. a
By p Ivelerspenete
loy b.* 3,3111 3 6
10 ,429 3 6
By araount drawn out by late portlier (T. Cask)
U difference 44 II 1

5511,01 to I
Mr. Abhot, solicitor to the assignees, stated that there
was no opposition to the passing of the bankrupt's last exa-
mination; and the usual questions having been put by the
registrar, and answered la the negative by Mr. Nicholas
(except as to partnership, the particulars of which were set
out in the balance-sheet), he was passed.
The sth of February war fixtd fur an audit, and the 7th
for the certificate and dividend meeting.

THE POLICE COURTS.
_ THAMES.

Aar Fraose Berdugo was litnayexamiard, charged with
cutting and wounding James Almon, who died on Saturday
last at the London 'Juanita', from the c&•cts of the injuries
he received.

Mr. Parker, solicitor, of St. l'anl's Churchyard, stated
that the prisoner was a Chilian, and belonged to a small
town in Valparaiso. He at first thought the prisoner was a
Spaniard, and accordingly waited upon the Spanish consul,
who told him to de itild the man if he was a Spaniard. Mr.
Parker then had an interview with the prisoner at the
House of Detention, and learnt that be was a Chaim. Ile
thought it his duty to mention it to the Chilian consul, who
conferred with the superior authorities at France, and the
consequence was that he was instructed to defend tb' pri-
soner. Ile had been to the prisoner's lodgings and found
in his box his sea knife and wearing apparel. He hail to
request that the prisoner might be allowed a change of ap-
parel.
Mr. Ingham—l can't make any order. You must use
your discretion.
The evideuce of former witnesses having been read over,
Mary Ann Smith said-1 am an unfortunate girl. Almon
has lived with me three weeks. On Wednesday night
week, I was at 106, New Gravel-lane, skylarking with him.
The prisoner and another foreigner came in to stay fur the
night. The prisoner's companion sent for • pot of half-
111111.half and half a pint of gin. Ile handed it all round.
W he u he haddled it to Almon he did nut take it immediately.
The prisoner then lifted up the curtains of the bed, and
held the knife over Mary Ann Kerwin. Sarah Slater said
to Kerwin, " Oct out of bed, or you'll be stabbed." She
got out of Ind, and Almon got up off his chair to get his
pipe. The prisoner stabbed him there and then right in
the stomach. James said to me, " Oh, Mary Ann, gn out
and see it you can catch him, or lam dead.' Emily Wil-
lis held her hand out to keep him in, and I ran up Cow-
lane after the prisoner. I called out " Stop thief ! " and
" Murder !" and the policeman caught him. I have since
seen the body.
Mr. Parker cross-examined the witness at great length,
with a view to show that they had got some money out of
the prisoner. She said she did not ask him for any.
Sergeant Squires, 14 K, stated that he received the knife
produced from the lad Scott, who picked it up three doors
from the house. There was blood on the blade.
Mr. Osborne Johnson, house-surgeon at the London
Hospital, said—Almon was brought in on the morning of
the Bth. I examined him shortly after, and found a wound
near the left lung, just opposite the cartilage of the seventh
rib on the left side. The wound wet drawn together, and
the man was in a state of collapse. There was little or no
bleeding. Ile died on Saturday, the 10th. The body was
opened, and a post-mortem examination was made on Mon-
day lust. 1 was present. The wound was passing ob-
liquely backward to the right side. It was three inches
long. The knife entered the abdomen in an oblique dime-
tion, and the wound was found to have entered the liver
and passed clean through the left lobe. There was upwards I
of forty ounces of blood extravatated in the abdomen. The
hemorrhage from the liver was I think sufficient to cause
death of itself. The liver was larger than UMW. The in-
juries I found were sufficient to cause death. The knife
produced would inflict such a wound, not as a stab, but as
a plunge in an oblique direction downward.
Mr. Purker—suppose I threw on the table a knife which
the other foreigner had in his possession, and was much
larger than this. Suppose also that it was picked up in the
identical spot, and was smeared with blood, would nut
that make some doubt in your mind as to which of the two
might have been used ?
Mr. Johnson-1 should like to see the other one.
Mr. Parker—Untortunately 1 have not got it; the other
man has one.

Mr. Johnson—Then, I can't say. It would be impos-
sible to say whether it was caused by that or any other
knife ; but that knife would produce it in the manner 1
describe.

The depositions were then read over and translated to the
prisoner.
The prisoner was then committed to Newgate for trial
fur wilful murder, and was removed from the dock in a
very depressed state.