The Express.
London, England, 1855-11-29 00:00:00

Rat Intellionct.

COUR r OF QUEEN% I
.1711..4 Ar ►IICM A7lllll WWI AT

CAILPISI.I. Mr, A Stiir:•L Jin.T.

inN

r. 28.

O/ SAVOZY

II IMO IL SAVORY, A sAOLT.
l'!•• fir•f. et theme ems was ea iedictsext against Dr.
c"rd Kerr, el Saville row, fee lavas asesulted Ur.
leavosv, lOmAm of Sassy sod Moore, the wall ksown
Armlets of Baal street, and was removed at the instance of
the detamlant ism this mart. The seised taw was an
motion at low for as amok brought by Dr. King spinet
Mr. &ivory, and stood mid in the day's list.
Mr. Edwin Jones sad Mr. Jobe Clerk were counsel (or
Dr. Sing ; Mr. Strjeaat Shoe and Mr. (lifted represented
Mr. Savory.
The semi& levy is the case of "The fleets v. King"
having bees salted as,
Mr. Ciark drew the attention of the court to the meitica
of the parto as regarded the indicts's% and the action,
mad saggaide.l that tbe action should lee tried first, so that
Dr. Kied woad have an opportunity of Rivas; 'views,
which he could sot do oe the trial of the isidictateat.
&rifted Shot objected to this oars', ow the ground that
Dr. Kis g bad removed the inthetateet from die set ions
sad t' ex brought his action against the prosecutor of that
ludietment. so that be sight have the advantage of appear-
ing as plaintiff. If the application were to be yielded to in
this instance soy defendant might, in order to get is his ewe
evidence, bring an action against the prosecutor of the in-
distraint ea which be was to be tried.
Lord Campbell said that, if both the action and the Ra-
diometet were barh fide, it was his opinion that the sass
should be tried Bret, so that both sides sight be heard. Re
you'd lay down so general rule, but on the (sets before him
be thought the cede of jostle' would I. this ease be best
served by trying the action first.
This course was about to be followed, when, on the /ing-
estion of Lord Campbell, counsel speed that the scoot
and the 6dt-taint should be tried together.
Mr. JaMlO6 this stated the saes for Dr. Kiss, giving a
brief mar of the hits, sad called the following evidence.
Dr. Richard Kiss examined—l am a physician, residing
at 17, Smille•rew. In April, 1852, I had a friend, named
Captain Thomism, 'tubed with a*. He bought • gauges'
apparatus at Meese. Savory's. It was found faulty, and
was Nursed fee repair. In 1854 I had complained of •
maim up by Mean. Savor—sae had bees sub-
=fidies onetber. In May, in this yea, Captain
sea Mae to tows to me. I jai every reason to believe that
markiate had sever reached the heeds of the firm.
I mete a letter to the firm sa the Slat of May,
Mika it was seireary foe the eredit of their SSW
bilimmest that re of those should *WI ea me en
that se the following day. It was rout by head about
balf.pest 11 is the mormieg. About 12 o'clock as that
mane day, Mr. Savory same to my house. He was shwa
bate the roma when I ~he pedants. I asked hiss to sit
dawn, sad whoa the servant had retired, I said, "An you
ewer of a solvespoodere that has taken place between me
end your house t' He said be was ;he had takes a part
la it. I said, " I will go ors the humming with
year Sem. The Int time I went into year
obey was to
_porkies aeases of sulphate of
hes. I mined belemmoisa is payment. Is giving
me the ohmage them was a sitellog tee mask. sad I retuned
Is. The yeaag seas babied the ranter sold ' You ought
te have aesepted 1,, dr.' I left the shop d
write to you to report the eiremesMase. When I got home
I fogad the sulphate of lira was unit fee use. The two
tereastioas shook ay andidres i the Loose, end I deter-
mimed lotto write to yen." I " with regard to the
paves, potsherd by Capt. Theater sea present foe me
—hoed faulty and sent to yea far —that has never'
her nursed." I thee want to St third grievance. I
mif " New abase Me* Forte helix respeotiae • remit.
dm he his wee► of whisk pa Aimee keep a reseed." Tbat
wee she mid of my stalosenne. llpea this Mr. Sauey rose
Nam his Male, aril sell, "Tom are so gratleasa, sad a
!eas to our whole% end a d—d sernadrel." I
" My mamma'- ilita is at an end. Capt. Thompson
isgy bores Sad be tell yes he knew nothing of the
=hum the Memel beam& it a present to me." Mr.
ad en wiehrella le hie bard. He approached me with
the umbrella raised, bolding It in the middle. in • threaten
hi naivete. I reheated towards the bell and rang It twice,
',kith was the "ideal that my serest—a hash servant—
should ear up to my rem. Before she cane up, I told
Mr. Savory that my whole sad sole eldest was to paver
Captain Theaters's fatally, who bad dealt with his home
ler half a century, being awe' of this &Werra about the
smogsee, bet that I would raw send for him, as be was la
ley house. The servant made bee •ppmrawa. I said.
"Tell Captain Theatre I would be g to speak to him."
She replied, " I her jut let his sae of the beam" I them
rid to Mr. Savory, " Captain Toreros is net hue there-
fore I hate aothist further to say, Ni. Caputo Tgampeon
stall call era yes." He said, " Yes most bear me en-
psio." I said, •' The asereepoadree I bad with you he'
itself, if yes leek
leek • part in it, and I will take
=ashes sow that I Meow the beetle of the dim are
memo of le." He sold, "Yes are • damned siesairel
sad me gmilemen, sad I will report yen to the
Waist Baisl." Ha 414 met use a threatening at-
limed*. nem wee a third person peewee. I requeW him
te weillemer. Ms mid he would sot. I west round the
lAN to wadi Imilhisa with him. Left the middle drawbar
mein sad pool as Ile the float drawing-room. He rushed
An se, sad hied to fens his way isto the heat drawler
Mau I weeded la &slag the door sad bolting it. He
Meuse at the dear Meleney, mist. "Came eat you d—d
amoadrel. Yea age a esp am is pow Yea
wao 'oedemas.lll Napa pa Ore =B.lMored."
Ilde be seastraeitiFeed he ihe mismess. The stales
hearse sewed I the der be rro bark kb the midis
drawls/4ra, Ms' be bad left the brim I saw be
had pas down Mast oh shim. I war NM the middle
&swag MOO. He tidied up eke stairCalor elh led lid
to get into the room. Behr I iambi ire Or dose I hind
the umbrella ersieg threes tie of ebe door. I
seised nay right arm to deiced a esenived a very
severe wooled, ma huh sad a half mdsM, IS my Viewsiet.
I nearly suasuded I. arks the dem. Waseirpt the um-
brella is the door. Mr. early Shim herd the deer _ ageo.
I resisted hie Weenie satetbe nem. We bad • '
raft% and we both went dews ma the leseliag. While
he wee down I wrested the subee/la from him, aad I said,
" If I let you lap, air, will you p quietly out of slaloms i"
He said he would, bat whoa he got up ba mho* at me
I *tow the umbrella feces my bark mind bell of
glit7.ead thaw him. I this said, Na., a sera& Isms,
will
y ea go eat of my bore if I let yyouup?" He egad he
wee Id. Whoa be get up he said. " Give ass an salwalla
bask." I said, " No, that Las dose quite asset! sakteiskaf,
sir."
Lind Campbell—Toe retained thetas a trophy, I sapper.
(Laughter.)
Whams—No, my lord. I added, " When pa are fairly
wee of my house I will give it yes." He persimed la maim
me to rotors it, sad I gar it to his. He went down the
malts sod met • punt of lair Inawl Roes. I sold,
" Mr. Rees, be e;setar as to sr Mr. Savory out of the
lease." 1 then to my roam sad termed ay sass-
I:Teat was all that ocenned. My hand was pan-
, the wound, and was his ding profusely.
By Lard Campbell—Tbe womed was occasioned by the
fns or brass ferrule of the undreolle. It was broken of
Kaandeation matiased—Aleer the wood sculls the
umbrella was • good deal brakes. Ti. whole thing wam
broken to pietas. That was after it was @aught between the
door and the jamb. I had ao stick in my had the entire
time. That ovules I went to • penealtetira with Mr.
Bridgman, • surgeon, who dressed my wrist. He impeded
me for three or four weeks. I aid not recover the maim of
the wrist for four maths. This ell orissered ea a Moody.
Oa the Wedaseday I was summed by Mr. Savory to
Meelbarouirk-street Poliamomee. I Weeded without
counsel or 'Homy. Mr. Savory had proferaional awastanca.
I woe bound over to answer any Indictment at the West-
minster Pinions. The day after I was bound ism I in-
structed my imilieitors. I gave there general instructions. I
pet the awe entirely is their heads.
Coss examined by Serjeant Shoe—l bad so perseeal
acquaintance with Mr. Savory befogs that interview, and no
muse of disagreement with the firm beyond that which I
\Me mentioned. My corrospondeace with them ousel io
September, 1854. I positively deny that whoa he said he
had taken part ie the correspondence I to. (rose my
chair and said "it was me of the most disgraos-
fel, disreputable, and •dishausat trussed's' Is say
15... that sells itself reputable." At one part of the
tressectios, he said, "These are very hard words hr me
te bier." I dry that I then said, " I was ore I. your
bones to hey same sulphate of iron—a mere distressful
pre-
eados I sever saw." I bar no rsoellesesea that be said,
"Everything mews Mira...fel tot comae (rem my house."
I did not say the yosug man pat dews the mouse most is-
psitinently, and said I ought to have accepted it as a gift.
I think Mr. Savory said, " I will not leave your house In
this mart, to to tamed out likes dog." I then got into
the drawing room. I did not slam the door is hie (see. 1
swear 1 did sot see his hat created betimes the door aid
the pest. las satisfied I did sot Span the door to Mesas
his bat I swear I had no stick in my hand during say
part of the trasseetios. My mimic swore I bed before the
magistrate. I did sot strike him over the head sod (me.
Illy earrat Swan be had Wall blood ow his mouth, but 1
did not ego it. I could not tell what Medical Board be
seeded to when he said he would report me to the Medical
Board. I sold nothing before the magistrate about the
weird in wry went.
Louise Smith, a hominoid is Dr. King's service, prayed
that sifter she was nog for Mr. Savory was wing abusive
lament, whoa Dr. King tied to get late the drawin•
room, but Mr. Savory rushed at the door, mac
crushed his het. After which Dr. King hulked him
self ie. Mr. Savory stood inert, saying " Tor are •
d-4 scoandrel. I know you before today. You are
no gentleman. I'll report you before the Medical Board
I as better known there than you are." Wile's. asked
Mr. &Tory to leave, hut he ma Mid not go. She tsar the
mum. that took place, sad both ware or. :La !bor. Si.. trio;
to separate them, taking bold of Dr. King's coat. The)
got up, sad Mr. Savory said, " You might to be *shaman
of yourself; I us old enough to he your falter." Dr
Klee replied, " I know that; that makes me more lenient
with you." Some farther weeds pasted, and they bath fel
on the door amnia. Dr. King asked Mt. Savory to go out of
the house quietly. Dr. King famed to give his hi,
submits till he woe out of the hots Ste saw a stick ii
De Kites head: It sight have been the wish of Os
umbrella. She &duet se Dr. Kiel sinks Mr. Sivcry over
the be id and shoulders.
Cress eseesiced he Serjeant Shee—l said to Mr. Savory
"De sot irrihte ny esseter, he is a very irritable sm." I
aid beton the magistrate sy glut" had a sdek is his
hones. It might bar been the Milk of the umbrolia.

COURT OF EX
WTTONNI AT WIN WV; AT WI

PLANA V. TOUIO.--21IN 1111/01.? OP LX

Shoe—Will yea MOW that pi sail it skithat =the @tisk of the umbrella ?
Witmer—l de not reeelleet.
Tile Titans's depoeillo• before the magistrate aas here
galled for by Segjeset Shoe.
Mr. Jemea-1 wiU pat la all the deposition. They are
part of my Cafe.
Wee, examined by Mr. Jemeti—l was one of the eight ,
men who treat In h of Sir Julia Ross. Dr. King was
eurgeoa to the expedition. I saw Mr. Savory taming Leto
the house ea the day in gentles. I heard the dates and Mr.
Savvy tteerembliag " up stain. I meat up sad heard the
'..ctor ear to Mr. 9 ivory " You had better leave my how."
I said " You had better leave ; the more quietly you ne the
hitter." Mr. Savory, pointing to the last wines, said,
" That at stye I have insulted the doctor." She said
Yn, you' have, sir, very meet." I again said he had :
batter go, and I °need the door and let him out. He wasted
to oome back main, but I put my shoulder to it and rasheit
it to.
This witting was set cross-examined.
Mr. Bridgman, surgeon and apothecary, proved that be
had droned the wrist of Dr. King, for the wound, whisk
might have been attended with the consequenos of a stiff
joint.
Mr. Thomas Harrison, of the fine of Harrison, of Wide
brook, solicitors, proved that the action had been proceeded
with pari pans with the attainment, in order that then
might be ea opportunity for Dr. King to give evidence.
This cloud the case for the plaintiff.
Berjeant Shoe then addressed the jury for the defeat*,
euntending it was Dr. Ling, sad not his client, who had
committed the asseelt.
The fallowing redeem was then adduced :
Mr. Jobs Savory, examined by Mr. Olffard—O• the 2111
of May
_I called at Dr. King's hoes* in seessenue et We
nate. Whoa I got into the libraey,Dr. Klag met to misi in
rather a brusque an aaaaa , " Take a chair, Mr. henry."
He need himself, and asked me if the oonsepeadenn
between him sad my fins wee with my sanction. I suit
" Yea" He said, " Thee you take the pert of your posyle.
I said; " Yes • from inqatry I have made I have
region to believe they were right." Re got up froate.ea
chair, and in as agitated state walked backwards and foe
wards, and sail, " Then I consider that to be, sir, Gag of
the most disgraceful, disreputable, and dishonest trams.
ti me in any boom that calls itself respectable." I sell,
" Then are very bard words for mete hear, sir ;" to whin
ke replied, "I repeat what I ban said, and as • peed of
the bed management of your house, the ant time I use mit
On was to buy some sulphate of boa, and • awe ilk
general preparation I sever saw." I said, " Ineynke
appears toe be diteneefal la your eyes, sir, wink MOM
net my selehlishasent." He then sea, "
ganger 9, if Csptala Theorem is nebreftiet
will gall before you. I have sever antioasil Ikeda
imusesiess es say on yet." He wait is the lending *se
en sin if Captain ?bonen& was in the bass, en fka
awn, was, " No." I said, " I shall be baggy to ste
est gealleau at any ogler time. You ben seed
As me, sir, to give yea an enhastint ; will yea bear abed
ban le seyt" Ho said, "No • I will bear se explasation
seats bats pay particulars." I said, "You haws seat for
an sir, sad dull hear what I have to say." He said, " I
on amt." sad he nag the bell violently. When the sunset
Mlle up be said, " Show Mr. Savory my door l" I said,
"I wW ant leave year house in this meaner' to be tuned
en Ilk. a deg." He replied, " You shall ;" and ba penal
Whin me to leave the room. I, not nowieg when be
was snag, sadeaveared to fellow kn. He weed ihse tbe
bust drawing-ream and I eadeavonied to follow Ma Is
eitemptiog to eater that room my hat was caught between
no door and the post. It woo is my left head ; m manna
was in my right. He opined the der a Ma, I windrow
my kat, sad ties he need it. I tuned al the deer mad
Wusd him to eons on. I said, " Who as. 'ea, sk, who
have seat fee me In this maser f Yea sell youresU a
deetor—you cell yourself • geatlemaa—yea are • dis-
pose to the profession you belong to, and I will
sense yea to every Dinah of it I" The door
named sad Dr. King cane out with a stick in Isis hand,
sad laid that ink seven my shoulder, closed is nos me,
and intently threw me does ea the groan. I fell cm my
beck, and while la that position he struck me violently with
his fiats, at the same time making use of most violent swear-
ing langur. We got up. Re was than boldieg my
umbrella in his ken& Hs said, " Will you lean my
house I" I said, " I will, if you give me my entbrella."
He said, " I will not give it myself, but I will give it
through my servant." .114 gave the umbrella to the servant,
and desired mm to go down stain. I retired send seen
down—the serene followed me and gave me tbe umbrella.
I said to the servant, " Your master has insulted sal mast
grossly." I left the house sad retuned he Beninrest,
with my shirt and face covered with blood. Dante tit. an
vendee he asked ms if there was anything dierespetfal
is his Inns. I sakl they wen written in a ten snit as
I had ad bees addressed is by say member of the
manias derive the thirty lean I bad lived I.
Bond When I tapped at the doer the nr-
not said, " Pray, sir, don't irritate my matter—be is
a most violist and passionate 99.11." I saw both the stick
sad my umbrella is Dr. King's hands. Before Dr. Ling
rang the bell I did act silvans towards him is a thinn-
ing mann saw bad I applied say terms of reproach to
him. I did set make use of the weeds, "You dunned
scoundrel." I did sot say I would expose him to the
Medical Board. I do not know the esistesse of such • board.
I said I would expose his to the profession.
Cross-examined by Mr. Jantes—lt was in my attempt to
get into the drawing-ream that my bat wee washed. I did
not attempt se get in with genes. When I said, "Do you
call yourself a doctor ?—yea are • disgrace So the pro-
fanes'," Dr. Meg made no answer. The servant repeated
me to leave. She only requested IN 061119 to leave. I lost
the ferrule of my ambrWa. I cant tell how. I swear I
did setctries .ambralla is at the door. I eontelted no
Meat i
By the auiri—l had a nand view of Dr. King's stick. It
was a thin non.
Mr. William Barker, manager of the establishment of
Messrs. Siren and Moses, was next sinned, and deposal
that when Mr. Bevan returned after the interview with Da
Ling he was very mesh wined, his monk was bleeding,
he had • Mask eye, a Week mark over ask temple, sad
there werecisisid Used emhis skirt freak
Mr.
Mr. W. a stainer ia Deal nee, ad Mr.
John Cooper, ismadisth menisseited the len ninon as
to the state is whisk Mr. awry seinneed a Denims.
Mr. Chinn Savory else eau similar tssdnay, and
added thee salnersememeatly bis Ulan had shows him marks
co We ben end
The desinglisa se Lena Smith was then read, and she
wen milel by lb. James so 'aphis some discrepancy
hawses it end bee widens ee day.
This need tits ddendsnes eve.
Mr. Jane hang replied,
His Lordship named en It gave Ina great satiate.-
doe that the Jay bail Mimi both sides, for it vend ban
been very mush to be viereeted if they had ben send sat to
give a verdist oa tbe Mel eine laiikenntomd nand this
ban Madonnas' fa the seeks nab inbred the state of
the ease. They had now keen ben lake. Oa Mr.
Savory's ears showing, he bad remained is the hoes*
of Dr. Lag after he had ban asked be withdraw,
or in esker weeds, the " Inn " needed bad ex.
I eked. TWA," whether they found that Mr. Snowy had
net esumeilled the int assail they won bend, ea the
On be bad sea yed is ne bean Oar he bad bees
desiwi te lone be Sad • wan he the *inn ; bat it
had bees.e inee Ma. Sawa bad naiad gnat peen.
eallipat r nen denem anon be very small. As regarded
tatMisineen again Di. Wag they weuld have to en-
sile ale had eamintoed the list meant, bat if tkey
*seen he did more than was aneseary fee self defense,
them they nut !lad the defendant guilty. They would ant
issuer the anent d dosages is the 'nil action against
Mr. Savory.
The jury after a brief onaltaties returned a verdict far
the plaintiff, Dr. Ling—Dasseges, on farthing.
Lest Campbell divested the levy to insider their vein"
In the inlielnsat sena Dr. King.
The Pareann said the jury wished to know if they could
return • moo* of "Chatty usage provocation?"
Lord Cussing—No, gentlemen het you may recom-
mend him to mercy. If you think be did nothieg more than
wee necessary for his self-defence, the defendant is entitled
to an acquittal.
The jury returned a verdict of Guilty, with a reessamen-
datios te mercy.
Dr. King was then dbialled to stand forward.
Lord Campbell, in peaks sentesee, add—Dr. Ling, you
an as doubt a highly reseestabla man sad • member of a
wry brmeavable prelismiss, bat rosily it has bees
that yea have yen mask missondasted youveelf. Thu ba
paved
bitten maser I. whisk yea summoned Mr. Sawn before
you, and the put you teak I. the nankin which fol.
Lowed, show that thee& you have high talents and great
learning, your temper is an shiegetbar lanes your ann.
The jwy ban reensunded ye te many, an I take that
recommendation Into egmeMenallea la the very mild me
wan I sow pate on you. The senses* of the eosin is that
you do pay to her Majesty the Queues • Sae of 205., sad
that you be imprisoned until the gas be paid.
The See was immediately paid.
During the proceedings the court was densely crowded,
naliderable interest being felt is the ease by all breaches
of the medical profession

COURT OF

100111 MS.

f ov. 28.
YEE LOAD a

fix ix

Yr. Branumll sad Yr. Hawkins appeared for the pina-
ta; sad Kr. Niels Jaws, Mr. C. Bon 1, Mr. Aspen& sad
Kr. Wroth scadacted the case ou the piano( the defendsst.
This was to "Mice Mesita by the plaintiff, who was a
traveller is the employmeat of Keens. Risen, Lowry,
Holilaad, and Company, warehousemen in the City, to
recover compensattua is damages, am:meting to 2,8001.,
from the defendant, a amoral merchant and losurance
broker, tarry's, on business at the Elyal lischrage.build-
lop, City, under the following circuastanem:—lt appeared
that Übe piriat.ff, is the early put of 1833, drtermised to
emirs"' la ilyelosy, where he purposed setting up a store
hetb ohs of dospory goods. Tod at this he obtained
espoimass funs Meows employers as well as bons a Me
a diaper is Fia,bary, sad Mien, Poppy. o«.:eys.
is , on the uadarot, Mod, is oosetiorotios of
their aatratting him *fa the goods which bad t een end
et vat prior, t e wee to have half dm profits. The plain-
tiff, so as to • ff.et tie shipment of tie geed., obtained an
introdonion to the defitadsat, whet as the 6th of November,
1863, forwarded eli the goods with the exception of thee*
,ild by Masts &lees. sad cossicised tam to his oar,.
Istadeats at Sydney, Nimes. New sad Walker, to whale
aim he bad Nivea the platen( a letter of intreinsetiss.
The plaintiff WWI by the mos vessel, but W his astanisit•

WARD OR

es hb lOW le be wee tehensi by How
Ind 411e0Zabeen the
letter of
introdmitsmidaidt was by the plaintiff, to
till the geode thenweivay
letiioloilt the pans& of the
ails to the defendant for nowt those io.
ternty4 in 13 ogland, as well aan advent ef dlt
mad. by the ilefendest to
*ghat In this stets
tinge she plaintiff wee at •Ma Is eel, Haw nil Oen
net ntosiffig to deliver up thanlieie. mei le of e
ne he that be was obliged to BMW MK ben as le
order to rotors hewn hie berm of wi M
b:
store Ming base Ilmetreted Abe end
Winans. The gals whin the •itioniff had obtain.
from his employe's, Meson. Rogers, wen odd, and realised
a profit of from SW SS/ per mot. He arrived in Bar
Mod in -y, 1864 ;to
aod °obi/ arrival he saw the driest '
sat, Who told him that if he had remised a little
is Sydoe y, and ezplained ths matter thoroughly to=l
and C.impany, they would have gives op the goods. The
plaintiff, not Wog able to obtain the redress he sought, was
',impelled to institute proceedings to recover 2,6001. for
loss of business sod for expenses incurred during his stay
in Sydney, as well as thus for his voyage there and back.
The ore on the part of the defendant, and which via
sop; and by his own testiaosy, not to establish that at
the Intmiews which tack plus between hint and the
plaintiff it was a well octientood thing that the plaintiff
was merely acting as agent foe the parties who had es.
trusted him with the goods, and at his solicitation the
latrodootioe had hen givers and the goods forwarded to
Messrs. How, at Sydney, on the clear andentanding
that the peoemds of the sale, which was to
take plan under the plaintiff's superintendence, Were
to be remitted to the defendant. Row and Co. were corn-
airlifted to depose of the goods, the plaintiff himself
eoneerrime in the opinion that they °cold tall them at a
greoter 'detonate for the parties interested, and that the
plaintiff bad stated that he intended to prooen to Australia,
for the purpose of obtaining all the information he could as
to the establishing a business, in which Mr. Cater was to be
a partner, for the sale of drapery goods. and that, having
obtained inch infamies, he was to return home and ship
another sad a lame quantity of goods, to set up a retail
inn in Sydney. The defendant stated that the letter of
introduction was sealed by mistake, sad that he had no
object in esoosoling the enteste, which only unlined the
understasding which existed between him and the plaiatiff.
The defendant, after the antes wee brought, had
ofbred the pessende of the sole et the good., mann.
be to I,IIW. IkHiesen *Mob hal hen true-
mind by Mown. How to his, but the plain'.
tiff bad Meilen to swept that asennt, shining
1,6231. the inns Fin of the goods and the expenses
Weaned. Iffineesee from Sydney wen pod to prove
that the goods la question wars ill amseted, weenited
for the whet nom whin wee glutted—so oe, that
bad sot the goods ben mid by_ asides, On mid net
ben Oen dinned of
piespeek. if at elk se then wee se
bond for net deeer M Snub.'''
The resin whin
re *kilt had gives Os dobsgsgg be the 601, en whist
send they that anent ego le be melon out ef the prs
mei of Os male ef tie psis, wee Ned and relied upon es
partehm that they wen met set to he disposed of by How
sd Clewgosy. sad the proceed. of the salts remitted to
Seated Chief Buggy is naming up, Wd the jury that
he thoneht the sassier nifigh hod hose pot ie enema was
rather is fennel the ilegielen. who. trees the fese of it,
on leaving Itegiart hod eke* initeMeed that no weeds
wen only liable ter the SW. sinned by the defatire4eseyd
whin he sight hove pad the meats
_hi
It wag quit. mewling that the plaited' wee on
titled to new ea Ibe pensive& pent, which hawked the
disposal at the geode. ad whisk eel the bmwodiatte ewe
of the Wen emptiest eel re only qessies this
was what woe the amens of the was
gentled to fce the 10811 be had enet. It Wes if
the dentine had amid as be hell for the proses of ta-
males lb lonsses, se he had eke* reneged so ber so.
tins ben tan is Louisa who MA slid the goods,
Cr trout the him to drew of them in
Sydney sad te ming 11116= bens to Ragland.
The fact of the wens, whisk at met Flee were WA for
1,1231. lb. to the pleistiffnibleg 1,1911. ISu $l. et petals
notion, and whisk gen did all blonde estpiesse of gale.
&a., showed that the wee eel auk flat Is the sestet at
that time. The jai Menem to be Craw, wee that if the
plaintiff had hiss unheated, end bad bon snowed to 41111
with the property as be thought fit, he wend downer
have reined Ile nee rate of profit as he had den ce the
goods whin MOO mid to his by limn. aeon sag HA.
sad whin he bed mid at an enrage profit M OK pee east
The was est bound to as ander the Megetteas of
the disernontos setwithetandin what the semsent el gait
night hen hose, it wield have bees forwarded to
Or dislibeiseeemeget the person bon when In=
bed Ibis rein' If they theogin the plaintiff, by his peewees
es
lehstry, wend hen beseited the ads of Ile
it no doubt wiale—it was fit *en to my
retrvss4l6l what amount be woe entitled Is It was
ra qemlles for their nieliendee to say, on weighing
Ibt dreaminess of the Ooy whet amen af essupen-
'Mks the plaintiff wee estfisd le neetwe et thir hens.
The_ tem after brief Iceseelletioe, Muni a nod* is
11116* 'lNlM—da=mles. 2,0001.

r.—Nov. 28.

[Gemladed frees yesterday's fdpress

Tlis Cesimbelour—l scuds. my jadgMeat to the pasts
have bees brought Wore me to-day. I am sot
ZZ:o setts to any games that hate been made at
period,. Tito epee& objettloas teed to the ban-
rupee unifinate by She opposing creditors are—first, as to
a brush of trust is respect of kis eucatetship seder
Webb's *Mate; sad nest, as to as alleged breach of trust
Fthe smuts of the ship Walter Norris. Up= the
point, I hue hot the distant hesitation is saying that
maids, that there was *liaison" a breach of must la
sups* of Webb's *stets. Is the Kra place, es suntan
wee ma 'staled to latest as estate is railway shwa; sad
I am *pile sou that if the Win had Use bought ha=
the Oeuet of °Mame, he would have beer belt liable ihr
the lose as seek as havestment. Still less was be madded,
limbs se tasseled it, to sell out those shares without the
MOMS if stogy party biterested la the Maim Dalai,
of eplaita that this is dearly • Ines* of liust,
Ile sent pane I have to oonsidor is, whether the =of
ger* has a spatial right to gemplais of it.
Bak by the deed produced, that the opposing party,
Mr. Brum, his aerated to the arresipment by
whisk other feeds were to be substituted ter
Ono which the bankrupt se ezesator led misapplisd
ISM, I *Lk, aosatitatas • seasimee Need eandanellma In
gasp Yr. Brewer hem a wale asimpleistlse lib Nut.
But • breech of must is to ha Mewed hose la two war—
Ant, as it relates to the party=2ldefrauded, sad nut
as it reliant to the creditors ; for there is this
ndsoldet la • brush of trust—and it a mashie( which
most at this moues% be sedeiently &purest to the naiads
of
all pesetas, so auk so that I and sot dwell much upon
it—ead that Is the false credit whisk a mu gets with the
wadi by the ma el teensy is kit Wade whisk he eight mug
to hate serried into it Is that eumet I ormaise the un-
due et Halket has beta eassediagly kainpor is Wham to
this tarn. The nest paint Is es tote ship. Ile net weer
Mitalsto the particular gum received by the bankrupt, be.
ewe I have as doubt that, es a ship sone and broker, he
Image bound to distribute say readessaoss received from
the autabi mail the ship's assess% Amid be finally
wound u I ens sot aware of its ;having ever
bees established that a ship agent or broker, Cr
sus • part swear of a ship, was bolted ;mei-
isally to apply the reseitaisess that he received es snout
of a ship. like amiss data into his gweral Weds, sad
dais with them as a praleat mu sh I do act think
it sea be WI • INNS* of trust that he dos' net apply
sash unite ressallease te the share of each pardeelsr
awns& I thessibee email the benkrupt of say fraud or
grass migeoadmit is mum* es these ressittauest ; bat I
teak it would hate bees ftrj; better if, his *beam-
steams Wle armest they must have been at
the time of resolving dime usithisees, hekid been much
mere useful as to thee appliiiiies. I emu wow to the
gunnel features of theses*. h spumy that, semprathely
• shut time ego, is Intl. the bankrupt wee is peeemoket
'MOO% A peat ;media of that, however, ma fisted of
:srof a veep preaarieme value ; bet the greater part
bis Hun vanished ; end therefore I maul is; that
dishes been • trade that has bees prudently emotedou ;
as I smut preseason it as legalisms bad-
Kg It is not justifiable that a penes denotalemed as he
(sad I MINK take this dissemination to
Balie tameous), as a shipowner, mereasat,
inensease broker' should busses a speculator
se, sad attain shame. The books appear to have
hies easy well kept. I leaked at the cash bask sad the
beaker's ppaents. book, to sesertala whather, if the Imakrupt
had s nisei doe diligease, he would have doomed the
frauds el his ileek ; sad upon a mason view of *sal did
age dissever say marks of erasure or other iediesticas which
ere semedass baud to fabricated books. Mr. Banateld,
the elisid melprea tell* me that the thing was very tap.
Weedy Mae; cad theuth, by a very careful inveetigatiee
the balmy might bate detoured ft at ea earlier period,
yet that, seder ordinary dreams amp his gawk* would
sot ban heft *timely draws to it. the heakruptcy
It appose., by the Mattemat if atelgeass Clad I &Iwo,.
=die to their statuessl epos that plat), sad eons-
by the einem gedgege‘ who is bound by his elks
to bold ea eves bead le A Oran, that the baakrupt hie
gives every magma to his estate; and so far I must tea-
side, his assilase menitorioes. Bat u there was
that iniseppropeiseisa of trust mousy, although
there Is usiessais as respects the panties Is..
mediately injured •by it, I cannot consider the
bankrupt Midas as muds the initial; eosamesaity.
Had It het been for that, it is vary p.obable I should have
yenned a Ant class certificate. I stall award a certificate
of the mead elms ; sad, la ensidorstion of the leogth of
time which the bankrtpt las bees before the out, I doll
allow it immediately.

SPORTING.

HARROW AND 111TROPOLITAN STRI
YERTlNO.—Wapassimr.

infleential deps!fr

Minerva
Pbarfs

TOR THIS DAY.

- -
Wes frees this were wafted on the L. 411 11. piterday
(Wednesday), to prevent 'be resoluti..ne p at e
of doe nerd, of which the Lord Mayor is &Wising; net only
esegratslating bias es his elevation UP tee eivie their, bat
else new/aided in that elesiien a material 'dense is tbe
primly's, added end religiose liberty. jb. address wee
rod by Mr.Z.Carille, tat stud:ass ad tisisseliegie while
lie msdailies von pond.

ArintrAPAri MINIM NOTIWBSR, i 9, 1855.

CENTRAL CRIMINAL COURT.

OLD COURT.
IiPOLUIIII. MIME Ma ANS /1/.. lUSTWI WILLIMM

Mary Anne Co:, 30, described as • widow, was indicted ,
fir u"a forged 61. Bank of Ragland sots.
ldr.Crliart .
sonand Mr 13ayly conducted the prosecution
en behalf of Me Bask of England. The prisoner had no
eesssel.
The aircametaseas of this ewe wen somewhat peculiar,
and the only question in the matter was, whether the
prisoner had been made • dope by mite other person, or
whether she had passed the forged note with a guilty
knowledge. It appeared that th prisoner, who is of that
class of persons termed .sunfeortanate," wens in the
evening of the 31st of October, to the shop of dr. Biker,
a silk mercer is Ludgate-street, end purchased • dream
ad other articles, for which she tendered In payment what
appeared to be a6l. Bank of England note. The shopman
saspected that the note was not genuine, and he made some
excuse for not giving change, but aid that hr would send
the goods and the change on the following morning to her
residence, and the prisoner left the shop. She almost imme-
diately afterwards, it appeared, went to the shop of Mr.
Biekley, a dialog is shawls and mad.., ow Ludgate-bill,
and she there maimed a abatis and wine other things, for
which she paid with a second 51 note, and she received the
ehsngs. Both these notes turned out to be forged, and the
names of Pawson and Co. were written upon the back of
each of thus, apparestly for the purpose of asking it
pear that they hod pawed through the hands of that well
known firm, and thus to disarm to a certain extent any sus-
picion of their genuineness. The prioonfr, it apposes& gave
a correct address upon both ottoasions, and when she woo
questiored upon the subject of the forged notes, she said
that they bad been given to her by • sailor who had gone
to the Crimes, and she deolared that oho was entirely
ignorant albeit being forgeries.
The phew, when called on for bar defence, made a
somowbat diluent statement to the original one, and re-
presented that a smiles with whoa she bad been intimate
had gime hat eis• of the Si. nobs, and that another tailor,
who was hie mnairres, pee her the other, for the par-
paw of raidinft a mantle with one of the notes and a
dress with Ms serad,of which articles they intended to make
her a present, and oho said that the men waited outside the
shops when rho west in to got the articles, end she handed
the &sago eke received for the one note to the men, and
they appointed to mat her again the same evening, but
she saw no mon of them.

The loaned Jt dp, is summing ■p, ism this ma a vary
haportaat can, aad one pendierly calliag for the attentive
eonsidentica of the jury. Offense of thin elan wen always
carried oat with a great deal of art sad inunisg, with a
view to escape detection and punishment; and, os the other
head, it bad uationbtedly happesed that innocent persons
bed been the dopes of those who were really guilty. The
jury must, therefore, look earefelly at all the circumstances,
and endeavour to ascertain from the facts before then
whether they ought to cane to the onelssios that the
prisoner knew On was passing forged isstrosents, or
whether mho was merely the ianonat agent of the other par-
ties to whose she had referred.
The jury, after a very loss deliberation oat of mart, re-
turned a reedits oft r.
Timothy Deemed, 83, was chsrged with uttering a forged
101. note.
_ .

learned counsel :preeseuted ; the prisoner was
Winded by Mr. Robinson.
This ease was similes in some of its hotline to the ohs
last disposed of. The prisoner went, DE the 17th November,
to the Oren Mani publierhoese, Whiteehapel, and asked for
two bottle, of rem, stating that he was sent for them by
two sailon who had jest arrived from deethemptee,
and he hindered • M. note in payment. The
landlady !gave him the change, and asked his
name, and he wrote on the seta " Daniel Leery,"
and said he resided at No. 17, Plough.street, Whibehapel
road. He was asked whether he would object to the pot-
boy ausompanying him to his rmidenes, in ems there should
be anything wrens about the note, and he said, " portably
not; ;" and a lad went with hint, and at a short distance from
the hones they were met by two men dressed like sailors,
mad the prisoner stepped sad spoke to them, and the boy
saw him wink kb eye as be passed on. He went into a
home in the neighbeurbeed, sad the lad, thinking all was
right, retuned to lb nifelaves, leaving the prisoner in
posemeien el tbeellemp mid the liquor. It was proved that
at slater beer en the same day the prisoner evideavoured to
pees moths, lOL note at the tbarberoueh Arms
public bense,W I, telling the same tale of his having
been seat by We milers to fetch two bottles of rum, bat
Kr. tieinsei th,iyinullord, fortunately observed that the
note was • end the prisoner was given into cos.
tody. Wen Sling questioned, he said his name was
Andre Dike" but at the address which he had given as
his beldame se mash person was known. Upon this ocemion
else it wound that two pumas in the garb of sailors were
°boreal te M hanglag chest the house while the prisoner
went in with the liege/ nets, and it appeared u though the
whole pfesseding was essmeeted with an ingenious scheme
to enable the prisoner to evade punishment in ease of de.
button.
The jury in this ease also returned a verdict of Guilty.
Both prisoners were then brought up for judgment, and
sentesieed to six years' penal servitude.
Staab Austria, 30, an Italian, was indicted for sending
a letter to Ferdinand. Assoni, &maladies money, with

Payne prosecuted.
The pragmatist in this case was • merchant in Old Broad.
street, sad it appeared that he received a letter written in
Italian, in which be was told that if ha did not bring a min
of 6001.1 a gold to the (lateral Post•ofilse on the night of
the 2ad November he would surely be killed. The letter
purported to emanate from some Italia* sestet society in
London, and the prosecutor was informed that one of the
members of the society would meet him at the place that
was Wielded. and cereals word. were to pass betwsea
them by way of relegaition. The prosecutor sommuniested
with the polio*, and proceeded to the pleat named is the
letter, and he them saw the prieoaer who came up to him,
and made use of the pees wade, sad he was thea taken into
custod.
The fury Mead the prisoner Guilty.
The roomier, in answer to • question put by the
Wanted Judge, said Its did not believe any each society as
that ntentioned is the letter existed, sad that the proceed-
lag was merely a trick of the prisoner to extort money from
Smetana was deferred.

Marta : MO sus. ear, I ft; 11et Kb ear. Tear miles.
Mr. W. Douro Ecauserh, I Ist 71h... .. (Mr. Heal 1
Mr. Briggs's Roberto DIM,* list .7.lb7aYakd lir DA
(Kr Gerdes 1
Hassenar Iltiona Lee SIMMS. each, 1 ft. with N added. Two
Lbs. (17 ea* 3el vim desisted sad peid I sou. rah.)
Mr. Arises /Maw" by traleb-0401111611. I ea1:1
(It. „ jul 1
Mr. Chit% lama Wash 3 yrs, flet flb ...-..........( I
Ti. Mei" Ilmeadi. 6 yak 10a 911............ .. (W. Aft 3
e thumb Illemeesearur MAMMA! Ihsarturtuse of 20 rove.
each, IS Kara 1 aft if Mimi he. with 100 added ; We moo* to
sue Ks Whs. Mist hrie mho. (Is Nab% sel whoa desired wad
paid 3 ewe. eeeL)
Mr. 5. Lord's Wham, by Peat*" sod, 10st Mit ..(
by)s 1
Mr. lausee's Jeans, aped, tiles 711 .. (G. Dar) 3
Mr. Tyefe Rapier Our (bee Mar of Zeglaad), aura, 10. t Eh
( 3
Taelaraerw iluoseer livisetacar el e a seta seep, S O
ftre s , wit)h 30
Wed. Ss Tram to be meld by swim he 0 ear., he. Three
Eau (T ore, lad when inbred sad pia I sus. ft.)
Mr. Um* Mearanal,, by liewahu I yrs, 1 Ist
. (T. Barrows 1
Mr. Weethergliffe 1110 pr. spa. MI IM
Tan Barr Caw ilialeseawash whim 1110 sew or d
10 era ark rid the emir he pa to the Whiff heeria Tar ham
that bore bra re iredei is., list Kb sub. Orel' ebbs
sums aid preiresatte. Onehres dash es grallled to ride lathe
isiwla OM Mew three rho. gm sela.)
Mr. Mr rale Ten womb, Gilbert Oerasy, 6 yre. llet 71h.
lik 0 00660_ 1
Y meet Mims Red Ma Gorey repeatedly preem, aid es ae.
the hill were couplet* eat the reer. Mee led le the
p the bet the wheat be fed aesered ire riasezdea=
rem ibm Gnaw theee, artered la awe. Car idereble
wee made la the weisMaureen ea the tame of hie ells es sub.
Mr. O. aue &eel ad weight, di ea elewipt ma iloPoooolll
rads it, . an,.... pi.m Of bad ei~er* is Ur Genie.
:llhri Meramatair daered =thee ihoileiderftwereebreeml
lapel=
with It Kr. drew the prow
Tza Masao al MO sou. ark 1 ft, trade ea* four riles, with
Mr. itserab Bride Yuma sad Mr. 0. ihipeeth's Iroatesee, was
of by soonest.

12110.—T= 11cobav HANDICAP el 10 sm. auk a ft. Gentlemen
•-.4—graiselabels CO aztra. ram cantos of a =Ds. (9 tabs.)
Age st lb ir et lb
...... 1 11 0 I Illet?r, 9lO
5 10 I r --, Marl
. _
0 1 ,
Ile

- -
imams_
$ 10 s 1"1
Tim 1 gem 10
LL PL 021 of LW. The Manic to b..01d for 44 son.
UMW quarters ci a NAIL
AM M IS I A. 11
IMmleidt 4 0 0 Mos qua Not ......... 4 • 4
AislaSanaa...—....- • 819 Sidney
lows ..—.. 5 8 Vim ...............--
it •M
6
15 I.Blh—im Seamy PIJi• Swaromam of 5 mom. mob, with
99ffia. lbe Maser to be WA for 80 eon. Throe quirts,' of a
(50414.) Sawdboy, 5 yrs; Tiotory, yrs; Alfred lbe Great;
Vise, l pet lON $ re; Jobs o'Brages, 4 yrs; Allakedio, 5 yrs ;
Twee Shoo l S yrs.
2.l3.—Bmweser Oramiseams of 5 soya. ema,l ft, with 50 added.
Tams seSes. Psalm)—loam, list lib; Iroatmos, llst 41b; Minerva,
net ; lest lib; Liverpool Bey, UM 41b; lakermana,
; lard ef Ms Ulm. 10st.
2.4s.—Hsez Smarmessaa Pura of 801., 104 711, sash. Irtaner
of a Waspieriam ia 1635 moo. 710 tetra; twles. 1016; sad three
Mew. 141 b extra. Two miler.—Lonsbay, Glaser, Saner, MassaroM,
acemeemb, Hooter, Umbrae', Mustang, Na de Guerra.
3.3o.—Hasm 131 c.r usout hem of $ eon. sub, 2 ft. with 10
added. Two gam (11 labs.)
Age et 19 SP ra
Malawi a 111 11 Amileellams I 911
NWarosb ....... 6 II 10 Royalty ..... 5 916
liataboitt .—........... 4 10 4 Gossip $ 9 9
Stamford ..... ..... 610 0 I lobo o' ...... 4 9
Bailor -......... 6 10 0 NUMMI ...... ....... 4 9 0
• 911

(Advertisement.] Stockton-on-Tees, Nov. 28,
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i=sa.-1 Mao tlis *Nan at Warming pea that year Emig
asia did ate goad ow vim lase algid. 117 adios sa d works
was Issinsiss% aid siollit olds epos die oak, bat after
drabs awry dot sossoory Now Po sok tits Iraralan aboadaaed
It Ono homy Maas boos barn lull ipso die dom. bat oasso.lar
PA Midi bolas boot so; amMrf rs MP Woos us at boo asp
Wool ns IsOm.—lsmf mime. tiogoiNW. Moon
Nam"