The Express.
London, England, 1863-10-13 00:00:00

IN RR BARNIST HARRIS.

This was one of the numerous and troublesome questions
arising under deeds of arrangement which now occupy so
large • portion of the time of the court.
Hr. Dowse, on behalf of the trader, asked that a petition
in bankruptcy which had been filed on 17th September last
might be dismtred, on the ground that the trader had,
twelve days before, executed a deed of assignment, which
bad been duly registered and executed by the requisite
majority of creditors. On the day before the regutzation
of the deed, Messrs. Wiseman, creditors, had filed • peti-
tion for adjudication. Adjudication was made, but the
advertisement was stayed ; and it was now asked that that
petition might. he dismissed, under the 119th section. The
trader had seaweed all his estate and effecte to the trustee
under the de4 who bad taken possession of stock worth
about 4001. Eight creditors out of fourteen bad signed the
deed, end they were more than thrus.fourths in value.
Mr. Sargood, for opposing creditor', cited the case of
" Moss " (0 Law Times, 337), to show that the debtor was
bound to prove, by strict evidence, that the conditions of the
192nd seetioe had been complied with. He proposed to
crose-axamiee the witnesses who had made affidavits in sup.
port of the motion.
His Honour doubted whether parole evidence could be
given in answer to affidavits. He would not introduce a rule
which bad never yet been introduced, and which would lead
to the greatest possible mischief. The court was directed
to take the evidence either by affidavit or by parole ; but
not partly in one way and partly is the other. If the op.
posing creditor disputed the facts in the affidavit, he might
either file counter affidavits, or argue ageism, the sufficiency
of those filed on thr other side.

111CBasgooci;aiiitesru not in a position to file counter
affidavits, but submitted that the affidavit wu not mufti-
Mat. It stated that the deed had been executed by
eight creditors, while the fact wu it had only been exe-
cuted by six, the other two signatures having been affixed
by another party.
After hearing Mr. Dowse M support of the affidavit,
His Honour said that two important questions were in-
volved here. Where affidavits were filed in support of a
motion he did not think that the deponent. could be isross-
ummined ; the proper course was to ale counter affidavits.
Bat the main question was whether the deed complied with
all the conditions of the 192nd section. The commissimers

had agreed that the certificate of the registrar was not
sufficient evidence of that. The question mom on the ant
condition, whether the requisite majority of creditors had
executed the deed. Here two of the creditors had signed
by another person, and the clerk who made the affidavit
swore that the deed had been signed by them. The wart
was nee satisfied upon this evidence Qat the deed bed
been executed by a majority of the creditors, and it was not
worth the parchment it was written on. The proceedings
under the adjudication would therefore go on.
Mr. Dowse asked that the advertisement of the adjudica-
tion should be stayed, with a view to as appeal; but his
Honour refused to make any order.
The bankrupt is a clothier, of liarrow.road and Edgware-
road. His debis are about 2,0001.

THE POLICE COURTS.

BOW-STREET.

A rough-looking young man manse Jewa 111`Carthy, and
two boys named John Grenehoe and Wuhan Southend,
were charged wills mouthing and robbing Giovanni Bodo,
who described himself as • musician.
The prosecutor stated, through an interpreter, that at
shoat one o'clock on the morning of the sth ()etcher, be was
passing through Arthur-street, Bloomsbury, on hie way
home, when the three prisoners and another man came up
to him and surrounded him. ItCartby seized him round
the Peek, and the others held him while the man not in
custody snatched his watch away and ran of with it. The
guard wan broken. He New the faces of the prisoners dis-
timely. He gave information to • constable. and after-
wards went round with the officer and en interpreter to
some lodging-houses in St. Giles's. In the cellar of • house
in Churzh-lane be found the prisoners asleep, and pointed
them out to the officers. Had seen their faces distinctly at
the time of the robbery, and was sure they were the nine.
The watch coat him 31.
Polioe-constable Donoghue, 79 E, conernied the 'vide's*
even by the prosecutor, adding that the prisoners bad
been remanded to give an opportunity of searching for the
fourth man, but be had not been taken.
The prisoners were committed fur triaL
THAMES.
- - - -

Susan Mitrhel 1, • woman of the town, was brought before
Mr. Partridge on remand, chargcd with stealing a silver
watch, the property of Im•ao William Arlidge, • cork
cutter.

A few days since Police-sergeant Wood, No. 22 K, met the
prieraer and another woman in Ratcliffe-highway. They
were quarrelling about a watch, and both claimed it, and said
it belonged to • sailor. The watch was in pomeeston of the
prisoner, and the sergeant took her into custody. On
reaching the station-house the prisoner raid the watch wu
gives to her by a sailor. The nag of the watch wee broken,
end it was quite evident that the watch had been forcibly
taken from its owner, and the swivel broken in doing go.
Mr. Charles Young, solicitor, who now appeared for the
prosecution, said the watch belonged to Mr. Arlidge, cork-
cutter at No. 25, St. George-street, at the corner of Old
Gravel-Loa
Mr. Arlidge said he was "on the drink" • few Dights
ago, and be got home somehow or other and went to bed.
He goon fell asleep and when he awoke he was on the flat
of hie back, and the ring of the watch and the ribbon to
which it was fastened were in his hand. The ribtan was
round his Beek. He had no idea how his watch warn stolen,
nor did he recollect being in the prisoner a company.
Mr. Partridge said the prisoner was in the unlawful pos.
'session of Mr. Arlidge's watch, and sentenced her to be
impriamed end kept to hard labour for six weeks.

MELANCHOLY BOAT ACCIDENT.-TWO MEN

DROWNED.

SHIELDS, MONDAY.
This morning a moat distressing boat accident
occurred on the bar of the Type. The sr during the past five
or six days has been vary rough, and this morning a strong
northrst sea was breaking on the bar, and the ebb tide
was extremely strong, on account of the freshets in the
river. This made it a very hazardous affair for small boats
to venture to cross the bar. A number of vessels had arrived
in the offing during the night, and steam-tugs, pilots in
their cobble. and foy-boatmen in their Whit-boats put
out to those ships. About seven o'clock this
morning, when the tide was last quarter ail.,
Edward Hoffer and Joseph Hags, foyboat men, proceeded
down the Narrows in a ballast-boat, in tow of the Brothers,
steamboat As soon as they got amongst the sea, however,
the men saw their danger, and shouted to the steamboat
to cast off their towline, which they did ; hut it was
too late. As the men were pulling for their lives to the
northward • huge sea overtook them and swamped the
boat. The men were observed from the shore to cling to
the boat's bottom for an instant, when another great
wave came and swept them into eternity. The
accident was seem from the Saud End, and the
William Wake lifeboat was manned with wonderful
promptitude, and gallantly pulled into the raging sea, but
the poor fellows bad disappeared. An hour after the ac-
cident the body of Rogers washed up on the Spar Hawk
Rock. He was sadly cut across the forehead. The boat
has also been cast sabots. A number of men are amongst
the rocks looking for Bage's body. Rogers has left • wife
and four small children, and the poor woman is fax
visaed in pregnancy.

THE LOSS 01, THE ROYAL MAIL STEAMF.R
NOADIWIAN.—The Inquiry Into the loss of this steamer has
terminated. The master's certificate is suspended for
twelve months, the chief point urged against him being
that he was going at full speed in a dews fog, and exposft.l
to the varying influences of strong currents.
ROYAL NAVAL RESERVE. —The followilig appoint-
meats have been made:—Samuel Radfizd Thomas, to he
honorary lieuteuaot ; Thomas Spencer Hayward, to be
sub.lientemust.
Mount KENSINGTON Monglnt.—During the week
ending October 10 the visitors have been as follows :—On
Mosday, Tuesday, and Saturday (free days), open from 10
a.m. UM 10 p.m., 9,940. On Wednesday, Thursday, and
Friday (rindeatie days, admiwrion to the public 6d.), open
from 10 a.m. till 5 p.m., 1,W9. Total, 10,979. From the
opening of the Museum, 4.270.952.
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