The Express.
London, England, 1863-11-05 00:00:00

COURT OF WIEN'S BENOH.—Nov. 4.

Sittinga in Hama.—(Bofors Lard Chid ;antics Cockburn,
arid Jactdcon Wightman, Blaokburn„ sad Maar.)

V. DOVIIOI. -THI ♦]RE[CAI ELOCILADI.

Mr. Bets, Q.C. (with whom was Sir George Boorman),
said this us ma skim tried at the last Berm Arises
before Mr. Baron Bramwell, when the verdict wee for the
plaintiff for 9701., sad he moved t to leave reserved
to met the verdict aside and enter it for the defeedant, and
also for a new nisi, on the paned that the verdict was
agaiost widows. Tee actios sou to remover the vein of
25 tons of saltpetre, and involved De haters at interest is
itself, bet oily for • colloteral Mildest in 0011••110a
with the blocked* of the Coafederato Stake. It
appeared that the plaintiff was • merchant carry.
tag es barium at Wilmiogton, in North Carolina,
sad also at Frankfurt The defeadent had chartered the
steamer Retoak to take a cargo sot enter bled of war for
say of the open ports of the Coofederato Slates. The
plaintiff took 75 toes of spike for cargo which he wished to
seed out, and although nominally this ship was to go to
an open port she was in reality to run the blocks& sad
brkg back • augo of cotton. TM plaintiff pat es board
25 toes of saltpetre. because the Coefederato Mateo would
sot palish a retain cargo of option to lieu their pork
mikes some selthette had been brought out by the ship.
Mier the thump; of the saltpetre • discus-
Mos took place between the plaintiff and de.
feedaet relative to the probability of the vessel
being overhauled and inked before oho got to Benne& or
Neiman, sad scoordingly a Mr. Chas. Perdu was oat out as
euereargo to manage the venture A &flames of opinion
existed on the trial as to Perdue having absolute control
our the cargo, including the ealtpstre, or whether he had
special instructions only, but the jury negatived the latter
sad deeded in favour of Mr. Penine's stakeout that he use
to have absolute control over the cargo, aod act according to
his disaretioe. When the ship got to limeade be found that
there was great probability of the vessel being overhauled,
sad believing the ship and cargo to be is great jeopardy be
thought it mu better not to risk the whole of the cargo, which
was worth MMus 40,0001. and 50,0001., for the saltpetre,
which was worth oely about 1,0031., sod as there was ao
Asap of getting the &tutu into the Confederate States
if rpabipped in smaller craft, from the sharp look-out kept
up by the Federal cruisers, he mot the saltpetre to hew
York, to the care of Mews. Smith and Jones, merchant%
who took charge of it sad sold it. When it became known
to the plaintiff, who had strong Southern prejudices, he w,,s
atesdlogly swayed that saltpetre which wee inteeded for
the Confederate Settee should have goes to New
York, sad mid he would rather it bed been
sunk in the ens. Hess. Smith and Joao' wrote to Dobeoo,
is wboee name the venture wee conducted, and Si there
was great difsculty in uttieg cash to remit, is consequence
of the high rate of exchange, sent over before the action
was eammeimed a quantity of clovereeed. which, how-
ever, was burnt, from the warehouse in which it was stored
is this coestry being destroyed by tre, and after the action
was commeneed they for warded a quantity of bocce to Dob-
sea. The action had been brought for money had std
received to the plaintiff's use, and it was upon the form of
the echo° that the present motion was made.
The court granted a rule.

COURT OF COMMON PLEA/I.—Nov. 4

Sittings is Basco.—(Before Lord Chief Jostles Erie and
Justices Willisma, Bytes, and Keating.)
This monies Mr. Locke, Mr. Osaka, Mr. Gray, and Mr.
J. J. Powell, M.P. for Gloucester, were oiled upon by the
Lord Chief Justice to take their seats within the bsz, they
hating bees appointed geese's oonsweL

MISCONDUCT OF AN ATTOZII2T.
In January last • rule was obtained at the instance of Mr.
Jobe Howe., which called upon Mr. William Savage Poole,
an attorney in business at ll,silworth, to rower the matter
stated in an afikLavit, and the metre harts( been @absei-
l:l7 referred to one of th• Masten, a report by the
was new reed to the court. It stated that
Mr. W. S. Poole had been an attorney mad solicitor
at Kenilworth since 1844 (for some time in partnership
with kis father and his brother), but subsequently alone ;
and that Mr. Howes was a farmer at Kenilworth, and was
an illiterate man, able to rear fruit. but notable to write
more than kis rms. Mr. Howse had for many years so-
trotted Mr. W. 8. Pools, and also the firm of which
he bad been a member, with 11100eT to invent ; and the
Marie, in his »poet, trot in detail into several transac-
tions of this sort—the first referring to an admire of
1,0001. by the Hoerr, in September, 1846, to pay off
mortgage held by a Mr Boos open two bores in Liam
mgrs. After some dealings with this security, Mr. W. 8.
Poole mold the property in 18.55 for live Westminster Im-
provement &ode, which he beiGved to be worth 28U1.
each. The Master found that Mr. W. S. Poole was guilty
of miseosdect as attorney or solicitor for Mr. Howes, and
of freed varying only in depot accordiug to whether
hi owe stedemeot or the stateenset of Mr. Howes
r to what pared when Mr. Poole asked for the deed was
correct ; and further that the effect of the traamotion was
to deprive Mr. Howe. of his security and to convert it into
Westeniester Improvemest Bonds for Poole's own benefit
wither, air intimation to Howes of his intimation to do so.
er of kis bevies done on Mr. Howes at various liaise lent
1091. to • Mr. Fornival, 4001. to a Mr. Freeman, 1001. to a
Mt. Savage, sad 1001. to a Mr. Smother, sad in reseenom
to the.. travertine, the Master found that Mr. W. S.
Poole had best guilty of misoonduct in hot informing Mr..
HOMO of hi having received the motley from theme four
poflons, sad Mat am to • ram of mossy toosival from Mr.

EVENING, NOVFMBER

Smallbonoth 1862 Mr. Poole bed been guilty of express ode-
appropriation. In reference to three other transutioes the
Muter found that Mr. Pools bad been guilty of gross Desk-
pore but not of fraud or misconduct. When these
ustthrs were investigated by other satiate:es for Mr.
Howes, Mr. Poole proposed to give Mr. Howse • Stole/
heritable bond for 5,0001., which, however, turned out to
be worthless, and the proposal wu declined. In 1861 Mr.
W. 8. Poole became insolvent, and afterwards bankrupt,
and he attributed this to his having lost by a decree in
Chaluery twoninth share of to estate which he bed pur-
chased ; to the depreciation of the Westminster Improve-
meat Bonds, in which he bed speculated ; and to his baring
advanced money to s firm which afterwards failed.
Mr. H. Smith, Q.C. and Mr. C. Pollock now appeared for
11r. W. S. Poole; and Mr. Serherst Sheri and Mr. Garth
for Mr. Howes.
The Lord Chief Justine interrupted Mr. Serjeast Situ
ad said—We do not think It necessary to lam you further,
for the result of our consideration of the Master's report
is that we order Mr. W. S. Poole to be struck off
the rolls, and we have come to this COII3IOM
after having beard ell that can be said on his
behalf. Mr. Poole stood in the relation of legal adviser to
en illiterate chest, and be was trusted to a peat extent by
that client, but the undue brought before u shows that
that oonfideoce has been grossly thud. It bee been said
that if the client had been a man of business, he would
have been able to discover the course that Mr. Poole was
pannier. but I think that this is no excuse for an attorney
abusing the confidence of an illiterate client. In respected
the mortgage for 1,0001., Mr. Howes had • security on
lead, and Aso the security of two persona are of them the
father of Mr. Poole, end the cures that Mr. Poole pursued
in respect of that mortgage was to obtais the securities in
'his own name, to relates his father sad his co-surety from
all liability, to sell the properly end receive the
proceeds, and with these proceeds to speculate
la the Westminster Bonds. It turns oat that
tholes bonds utterly fail, and the result is that
the whole of the mossy is lost to the client. We look
to the way in which the socounte were kept in respect to
this touts/ sod the sassul other wrigge traassatioos
wherein Mr. Pooh was trustee, and received the mortgage
moneys *huh tkenmfßedes were *slot all which sums
were absolutely lost to the client ; sod we find that the
accounte ecieleised entries of the payments of interest es
though the Mead deletes remained liable. We feel it
our duty, both to these cleats who repose trust, and to the
man of istegrity who ere members of this honourable pro-
fessioo, to nay that Mr. Poole h so longer worthy te have
his rune ups, the mile of this wort.

COURT OF IXCHEQITER.—Nov. 4
544 p 4 bum —Macre Lard Chief Bares Pollock
- aid Bairoadainnewea. 011andl, and Pigott.

The learned baronaretired from the court shortly before
3 a'alook, sad after bola
when
• short time again took
their mete on the when Kr- Walton, the senior
reenter of the court sod (twee's. remembraneer, read,
by the direotio' of the ief Baron, • new rule which
they had framed under the 22nd sod 23rd Viet., c. 21,
see. 91, outriding the provisions of the Common law Pro-
cedure Act to the revenue side of the court, so as to give
an appeal la revenue rams- This will meet the ease of the
Alexandre, and enable the crown to obtain the moped
which the Attorney-Omeeral has sought.

COURT OF PROBATE AND DIVORCE.
Nov. 4.
(Balm do Jody Ordinary.)

This snit was for .................. a probate. The
demised, Mr. Joseph Irving. Ws of BirkUniton war
flariisle died the year 1&57t and probate of his will had
been taken ont la 00411a011 farm Be was possessed of •
personalty worth aearlx 3,0004 and some nelty, which be
distributed mond his friends.. The plaistiff. Williams
float, who 'biased to he • oossiaserman and next of kin,
took an ananity of 51. •year wader the will, wad he bad
reculandy received it till the conuossownent of the precast
. . .

ividenos of due execution having been given,
Mr. Robert Callan. a schoolmaster, =dose of the attest.
log witnesses, was celled, bat he was unable to contradict
the cam of the defendant
The Court therefore pronounced for the will.
_ smug CIUTCELIT.
_ _ __ _

lb. Slovak, Hill cad Mr. iiTaile;Wara uk support of
the will of Teasel °Molar/. who Wesbe a amok at oar of
the Load= eh* and who had saved anus of 4,0001. He
died on the 20th of March, 1862, having mule the will ao
the 25th of the previous math.
There was Do oppositMoo, sod the Court decreed probate.

SLY et TAYLOR AND antra.
Dr. Deane. Q. 0., and Dr. Waddriove appeared in support
of the will • Mr. Manning, Q.C., Mt. Coleridge, Q. 0., Dr.
Bpioks, aad Dr. Wambey for different parties laterestail.
The testatrix, Mn Taylor. whose mai&n same we bad
been left a widow in the year 1858 with a fatties of 20001.
et ler disposal. On the 25th of Maack 1861, she executed
• will, and she dud in May lest. The precut suit was
brought is coesequauce of statements of the attesting
wildfires, which hod gives rise to • doubt whether the will
had been executed in conformity with the requirements of
the law.

These persons having beers examined,
The court prooounced for the will, the costa to come out
of the estate ; and the plaintiff to have administration with
the will annexed.

THE POLICE COURTS.
MANIMN•HOUSE.

George Green. a millwright, of 2, Heoryutreet, Bedford.
square, Stepney, appeared before Mr. Alderman Lusk is
answer to a summoos taken out at the instance of the Jour-
neymen Millwrights' Trude and Friendly Society, charging
him with having obtaised
_cis false preheats, several sums
of many with intent to defraud that society.
Mr. Metcalf, instructed by Mr. Perry, from Mr. 80.
chanan's alce,,attanded to support the summons ; and Mr.
Lewis appeared on behalf of the defendant.
The defendant, it appeared, is a journeyman wheelwright
lead a member of the above society, to which be paid the
usual subscription of ls. a week. ODO of the be.
mate to which the members were entitled, is case of being
' throve oat of employment, providing there were so ar-
isen of subscriptions dee, was a sum of 10a. a week from
the society, and if out for say leogtb of time, he. • week
after the first thirteen weeks. The defendant, it smeared,
had rimived this aasistanoe on several meadow oe bong out
of work, and the charge low brought against his was that
he had is the two weeks coding October 11 and 18, 1862,
received 10a, on the 28th February Bk., and on the 14th
March 11. for two weska, which sums were paid to him by Mr.
Saunders, the secretary to the society, upon the prisoner's
representation that he had had no employment during the
weeks aoding on those dates.
Evidence was given to prove the payment of the sums,
making in all W. 10s.
Mr. Casey, of Phoenix Wharf, Dockbead. spicii.grinder,
proved that during the weeks that the defendant had repro.
seated himself as out of employment be was engaged by him
as a millwright, ad received two guineas each week. The
defendant was employed by him from the 10th October,
1862, until the 20th Jae* I. the present year, when he left
of hie own moor& and daring the whole of that time he re-
mind each week, without see exception, two guineas as his
WSW&
Mr. Lewis debased the alderman on behalf of the prisoner,
and said his cheat most positively dented being in employ.
meat &trim the weeks he had received the money, and that
there most be some mistake. He himself thought it was
hardly likely that the defendant woutd, after being a member
of the moiety for 27 years, sad paying in a large sum of
mousy, by such an act, mid for the sake of a few each
ttry rums, run the risk of forfeiting all claims to the
eats of the society.
Mr. Alderman Lusk, however, committed the prisoner for
trial, but admitted him to bail, himself in Ba, and two
sureties in 401. each.

Walter BrooL•er, an intelligent and rather good•looking
lad, about 13 years of age, was breugght up on remand charged
with stealing &quantity of papers, consisting of dada. Ito.,
the property of hie employer, 115. D. I'. Hiodley, of Jewry.
chambers, City.
Tice prosecutor is a solicitor, and huts for some time past
missed quantities of papers, sores of them being deeds of
great importance, and suspeotiog the prigoow, who was em-
ployed by him rie office boy, he questioned him, telling
him if Witold the truth be would nut prosecute him. The
foundimmer made some communication to him, which, however,
be ,
afterwards to he false. and be then orimironnicated
with the rlicie. sod Sergeant Brett proceeded to where the
prisoner awed with his mother. He told him the charge,
and prisoner said another lad used to wait at the office door,
and be took the papers out to him and they afterwards
sold them at butter shops. He took the officer round to
several places where he said be had sold the papers, sad
gave the addresses of several others. Some of the papers
were produced, and identified by Mr. Hindley as his pro-
Prset
Y•
The prisoner's mother, who wss ia court, said be bad
been a source of great trouble to her. He bad been already
in a Boys Home, but bad run sway from them, and bad
bees altogether a very bed boy.
The prisoner warn remanded, in order to see if there was
any possibility of getting him iota a reformatory, sod yes-
terday, when asked what he had to say, he replied that
he wag guilty.
He was sentenced to 14 days' imprisonment. after which
he was ordered to be kept is the Home, io the East Re-
formatory, for four jean.
Some more papers were produced, but Mr. Hind* said
there were still some owe. missing.
G UILDH LL.
_ _ _ _ _

J no. Beckett, the relieviag othoer of the West London
Hone. was saninvosed before Alderman Hale, charged with
the following aggravated assault.
This is the third day that this complaint has been wider
investigation, but as the ioquiry involved au important
question with regard to the conduct of a public officer, we
reserved our report, ia order to give the as. in a °maple',

Prom the stat meet of Mr. Humphreys, sad Use evidence
of the witness. called in support of it, it appeared that oa
the sth of October last two children were taken to the Wert
Load= Union by their aunt, a Kra. Wells, their
father, a man named Connor, bowies deserted them,
whoa the defendant thought proper to detain her
until be asoertamed that Mn Crawley, the pre-
nest rompliunant was their irandneether. He educed
her to accompany ban to the Uoicur, and oa getting bar
there he made bar a primmer and bratallr ill-vaad bar, bo-
som she refused to take (harp of the alMboa her ass had