The Express.
London, England, 1862-12-24 00:00:00

COURT OF COMMON PLEAS.—Doc. 23.

Sittings at Nisi
W Prins in London.-03stor• Mr. Justice.
ales and• COO2OlOll Jnry.)
PROWSK V. LOXDALL—LIBIL.

The plaintiff was a stommason and builder at Keesing-
ton, and he was formerly secretary to the Kensington corps
of the 29th North Middlesex Volunteers. In January last
there were some proceedings against him in the Broundoe
County Conn, and the following report appeared in the
West iliddlesex Advertiser, of which paper the defendant
was the publisher " Viscount Enfield v. Prowse.—This
was a judgment summons to recover 141., moneys received
by the defendant from the members of the Kensington de-
tachment of the 29th North Middlesex Volunteers, and not
accounted for. The defendant, William Prowls., is a mmon,
living at 11, Park-terrace, Earl-street, Kensiogtoo, and was
sergeant in the above corps until expelled. His Honour
asked the reason he had not paid the moneys into court,
to which the defendant pleaded inability, and further stated
that be had sent a men to Mr. Pixley mask him to let him
off will paying 11. a month, which was agreed to. Mr.
Tripp, the honorary solicitor to the cone, objected to the
settlement, on the ground that Captain West had beep so
kind as to refrain from taking proceedings against him in
the police•court, where it should have been taken at first.
A messenger here brought a letter to Mr. Tripp from Mr.
Pixley, which caused the former gentleman to remark to
his Honour that be would leave the ease to the decision of
the court. In answer to a question from his Honour, the
defendant said he would be very happy to pay 11. dotnt end
11. per month if be was able ; to which his Honour re•
marked that his (defendant's) position was not' a very
enviable one, as he had intended to have hint
• committed for embezzlement but for Mr. Pixley agreeing
to take 11. down and 11. a mouth. Verdict accordingly.
There was another case against the defendant for moneys
due for a dinner supplied to fifteen volunteers by order of
Captain West, who gave the money to the defendant to pay,
but who appropriated the same to his own nee. Mr.
M'Doeald, the plaintiff, after hard begging on the part of
the defendant, consented to let him off by paying the
amount due in one month. Since the above was heard in
court it has been found that there are invent' other sums
which have been embezzled." The plaintiff now complained
of this article as a libel, and he also alleged special damage.
The defendant pleaded that, so far as the statement per-
ported to be a report, it was • correct amount of the pro-
needing. in • court of justice ; and as to the remainder of
it, that it was true.
Mr. Ribton and Mr. Daly appeared for the plaintiff, and
Mr. G. Demean and Mr. Pl,ilbrick for the defendant.
The plaintiff was examined at some length is refereeee to
his accouats and his connexion with the corps, sad a creditor
of hie was also called to state that, havingsees the report in
question; he had in consequence sent to demand his debt,
with tho iotention of having uo further transactions with
the plaintiff.
On the ether hand, evidence was given in support of the
pleas in justification, and the details were of a lengthy and
voluminous ammeter.
The case was partly heard yesterday, and the hearing was
resumed this morning.
Mr. Ribton, st greet length, addressed the jury in reply,
and io the course ef his speech he seemed times complained
of the jury hewing made up their minds before they had
heard the ems to the end, sad of their not paying proper
attention to what be was saying ; and this produced some-
thing like an altercation between him and some member' of
that body.
Mr. Justice Willes, on the last of them occasions,
Geetlemea of the jury, I have repeatedly aMempted to beep
the leveed counsel's mope decent towards yog, hut in
vain, and I now recommend you to heat all that he has to
spy, and to say nothing yourselves.
]I r. Eibtoe—As the jury anti yeetr lordship aril Beth

agefest me: st once ace tWme, edakt to hi 'non-
Mr. JostionWilles—This is the leoteamof the sittings, and
I should motdo justice to tity feelings If I did tot my that I '
nem had ifi• advent*, d trying mummi at a iittiep when
there maiming* Whet sod he ,; and acre desire
toe:vim 0 tfuth -Ind JnothM,diaplayd bl • tko jury
then there Writ. alopc_mt. tap ; and yout (the jury)
ass fully of my opinion.
Mr. Detirean—lVlUToirrinTalp'illow one question to
be put to the Jury fir eibesemseer of someableg that has
been brunets:bout by 110M0 moon interested in the tame ;
it is to ask whether any ooe of the jury, has' say oonmexioe
with this *le ookys.
Several Jurors—No, none:
makinMr. Dente
o—lteme t is the attorney',
clerk who hat been
** stant.
Mr. Jailtlei -met not be-supposed. than that I
question bee put or answered with the sanction of the I
court.
lleAtlbton—Even had thought that any of the jury
were redacted' with'Me corps I should not lave had any
objection on that
Mt. Justice W' —Acrd If the question had been asked
me, I wittal hare milk that lam connected with one rifle
"C 1" 11172j144"'1°.110'9 remark.
Mr. JusticenWilles—l trust that you will not speck ; and
I hops that the expression of opinion which I have poen
will be received as fall justification of the coarse you have
taken. It Ia perfectly. absurd go suppose that any of the
jury have any *ding in the matter, except to do whet is
right ; and with respect to the court I shall not make any
observation' at all

Tl;4pl;lntifi waa nonsnited ; and the court immediately
afterwards rose.

COURT OF BANKRUPTCY. —Die. Ft
(Before Mr. Registrar Winslow.)
RZ BALLARD.
The bankupt wee an ironmonger, of Dockbead, Bother-
halve Thir was the adjourned examination sitting. Debt'
about 1,200/..
Mr. R. OrMlitbs opposed ; Mr. Dowse supported.
The Registrar said there was reason to suspect that the bank.
rapt had not folly mounted far his property, and directed
an adjournment for a goods account.
IY an routia vellum cots.
The bankrupt bad bees an oMcer of the Triiiity-house,and
has a
e. pension of 3004 a year. He now applied for his dis-
charg
Mr. Bagley opposed. The bankrupt bad obtained credit
in several quarters, by representing himself as • gentleman
of landed property in Huntingdonshire.
An adjournment was ordered, and he was required to
give a detailed account of his property, and the disposal
thereof. •

ASSIZE INTELLIGENCE.

HOME OIROUIT.—HIMITOILD, Die. 23.
tßefore Mr. Baron BramwelL)

The learned Judge, in his charge to the grand jury, laid
he supposed he must not oongratuLtte them upon the
state of crime is the county, for it was such an bad
readapted it aeceasary to bold a winter assize, which was •
rather unusual thing for this county. The cases, however,
were not of an !aggravated character, and he did not believe
0,17 would Sod any difficulty in dealing with them.
John Smith, alias Ca:duvet, 19, pleaded guilty to a
charge of feloniously setting fire to • stack of clover hey,
the property of James Ilillatt Summers, at Bishops
Btortford, _ . .

Blum Bramwell told the prisoner, who exhibited the
greatest possible unconcern and indifference, that he did not
appear to be aware that he had pleaded guilty to • very
wrong and wickedact, and he raked him whether he had
any explanation to give of his conduct.
The prisoner replied that he knew be had done wrong.
The learned judge observed that be saw it was stated
in the depositions that when the prisoner was apprehended
M gave as a reason for committing the act, that he wanted
to be sent away. He could aware him, however, that if
he expected be was going to be sent to another country,
or where gold might be obtained for stooping to pink it up,
he was very much mistaken. He should have probably sen-
tenced him to • short period of penal servitude, but persons
who were supposed to understand the subject thought that
this was a bed thing to do, and he should, therefore, order
him to be kept in penal servitude for six years.
Charles Moore, 28, pleaded guilty toe mmilar offence, and
be was also sentenced to six years' penal servitude.
Walter Wilson, alias Walter Thornton, 30, a gentlemanly-
looking young man, was indicted for feloniously forging and
uttering • bill of exchange for 371. 10s., with intent to
defraud.

Mr. Clarke conducted the prosecution.
The circumstances of this case were somewhat remarkable.
It appeared that early in the day on the Ist of August the
prisoner went to the London and County branch hank at
Ware and asked the clerk to discount a bill for 371.10 a.,
and be was told to call 111110. He did so about one o'clock,
and be then saw Mr. Peek*, the manager, and presented the
bill to him. It was at two months' date, ant purported to
be drawn by Mr. Cope**, a tradesman in the town, upon
Messrs. E. and C. Norton, and these names appeared upon
it as acceptors. There was no such firm as E. and C.
Norton carrying on businese at Ware, but a Mr.
Ebenezer Norton, a rope maker, lived in the
town, and there was no doubt that it was in-
tended to represent that this gentleman and his
brother were the acceptors of the bilL The manager
declined to discount it, and the prisoner inquired of him
whether be knew anybody in the town who would be likely
Ito do so, and he said he did not, and the prisoner left. In
an hour afterwards he again made his appearance at the
beak and produced the bill, and showed the manager that
it bore an additional name upon it as an endorser, that of
Mr. Casa, a minder, residing at Ware. The manager still
declined to nub the bill and the prisoner went away, and Mr.
Peeks having suspicion that something was wrong, went
out to make Inquiries, and as be was returning he met the
prisoner. and in consequence of what he bed heard he asked
him to let him look at the bill. The prisoner at once
handed it to him, and he then Informed him that the signa-
tures to the bill were forgeries, and that he most accom-
pany him to the polio...station. He then said that if there
was anything wrong about the bill he had nothing to do
with it, and be had received it from a person whowas wait-
ing at the railway station, and whom he described as a short
man with bushy whiskers. The inspector of polies went to
the railway station to see if such a person bad been there
during the day, but he could not discover any trace of a per-
son answering the description given by the prisoner.
In answer to the charge the prisoner read • long and
ingenious statement to the jury, in which be asserted that
he had been made a dupe by a person whom he had
casually become acquainted with a short time before, and
whom lie had met accidentally in the town of Ware on the
day the occurrence took place. He urged also that his
conduct in readily giving up the bill when he was asked
for it by the manager of the bank was that of au
innocent man, and he declared that if the police had
gone at once to the railway station they would have
toned the party from whom he had received the bill. In
conclusion he said that he must inform the jury that he bad
given a false name in order that he might not bring disgrace
upon those who were connected with him, and that other-
wise he should have been in a position to show them that 1
he was in a respectable position of life, and that there bad
been no stain upon hie character until this transaction.
The learned judge having summed up, the jury found the
prisoner Guilty.
Mr. Reichard, the governor of the gaol, informed the
court that he had reason to believe that the prisoner was
very respectably connected, and that no complaint bad ever
been made against him before.
Baron Bramwell said it was impossible for say one to
give credit to the statement of the prisoner • but the
bungling manner in which be had endeavoured to commit
the affirm satisfied him that he was not a practised forger,
and that this was probably the first act of the kind that be
bad committed. The sentence therefore would be a light
one, and be should only order him to be kept to hard labour
for one year.

DrbEllthilt