The Express.
London, England, 1851-07-05 00:00:00

Macarthy preyed that he was pat in licostasion ander the
distress and saw Elam while he was there. Ile used some-
times to disguise himself by wearing false moustaches.
Remembers a lathe coming. It was taken away the same
day.
Frederick Lewis, a carman, was employed on sth May to
move ammo goods from plaintiffs hou,e. Removed some
furniture at 4 o'clock in the morning. Went again on
Tuesday ; took goods to 15, Exmouth-street. Afterwards
took the goods to the ship. None ef the things were
in boxes when they were removed to Exmouthooteret.
Wilkins end plaintiff packed the things. Miss Elam was
not there. Afterward took some luggage to the railway
for Miss Elam ; it was heavy.
On cross-examination, witness said the goods were prin.

Cirdl: has and 17111.7:l OCHS/we. Thereisere no surgical
instruments.
John Davis, upholsterer, said he had purchased furni-
ture to the amount of 42f. of the plaintiff.
Best, foreman to Davie, prow eel the removal of the goods
at five o'clock in the morning. On cross-eliminative', wit-
nee% said the goods realised a good profit.
Mary Ann Small—Was in plaintiff's employ when he
went to America, and since ; went over the house often.
Never saw even a silver spoon.
Mr. Bailey, foreman to Memoirs. liolteappel, in Long-acre,
proved that a lathe Was ordered by plaintiff in May, 1849.
It was to be sent home the same evening. I took it home
and saw Miss Elam. She said her brother was not at home,
and witness had better cell nest day. Called and received
a cheque from Miss Elam, which was dishonoured. Fol-
lowed the lathe to the ship. Believes he saw the plaintiff'!
on hoard in the dress of a butcher. lie disappeared inune
diately, but witness recovered the lathe.
S tinsel Wilkins proved that he entered the service of
plaintiff at the end of 1848 as foreman. Had been an ape
praiser befsre. The value of the stock was then about 4UI.
or 50/. There wse one box of surgical, and one box of eye,
instruments. Was acquainted with the extetitof hiebusiness.
Remembers an inventory ofgoods and furniture made in 1849;1
inventory produced is the same. It contained all the fur-
niture
down to the ground floor. There was no plate in
the house except silver spoons. What Davis had was the
best of the furniture. Ile paid 51. out of the money. The
goods were sold because the distress was expected. The
house in Exmouth-street was taken to move the goods pre-
paratory to parking them for America. Miss Flans as-
sisted to put the things into the hags. There might be 401.
or 501. worth taken to Exmouth-street. The residue was
taken under the distress. Before he went he gave witness
authority to conduct the business. [These authorities were
put in and read, anti ga-c Wilkins full power to act for
him, to pay and receive monies, and commence suits if ne-
cessary.] Before he went sway he commissioned witness
to try and borrow money for him. After plaintiff was gone
witness sold the furniture, and brought back part of the
stock and carried on the business. Did not send plaintiff
any money after he went away. The business was lost.
Afterwards plaintiff came back, and witness found him
lying on the bed up-stain; he had no money, and he ad-
vanced him a few farthings. When he was going to prison
he wrote to say he wanted to see witness and wonted some
money. Did not send any. Gave up posseseion of the shop
on '-'9th August, 1819. If' the pink paper is in plaintiff's
writing it is disguises'. The first part, "August 20th,"
was decidedly his ; the whole resembles his, but still it is
not his usual baud. On giving up the shop received 5/.
from plaintiffs father, and a bill fur 5/. front Stewart.
On cross examination witness mid, before I entered plain-
tiff's service 1 supported myself by agency and other mesas
After that I went to 21, Exmouth-street, that was in July
or August, aft. a plaintiff went to America. Was first em-
ployed to assist plaintiff in making a model. Was paid
21e. per week. tool 5 per cent. on his patents. The autho-
rities were drawn by a persou of the name of Gordon em-
ployed by me, they were drawn with the view of his going
to America. It was the elOth July when I found him come
home. He told Me about his going on in America. I did
nut believe a word of it. lle did not say by w hat rail he
came. Ile would not give any account of himself ;so much
an that it seemed doubtful whether he had ever been
to America at all. lie made some remark about
his having corne back faster than he went. Dill
not say that his things were coming by the rail. He told
me he had sold his guns to subsist on. Iliad collected Lanka
small sums, hut sonic of the items of which lie had
furnisSed the list he never called on me to pay. lie
did not insist on my gishot up poseession, and I -did not
refuse to do so. I was to give up the goods in the shop.
I had other goods beside,. 1 hail purchased them. The
were part of the goods told under the distress. Seme
brought to the shop, and others I took home. I bought
some at Messrs. Footer's. Another distress was put in Sy
Biteti.an afterwards, and I took the Wald% as they were
valued. I had boxes of goods at 24, Exmouth-street.
There were only two boxes. They were there after 21st
August. 1 had them from No. 15. Afterwards went
to live in Leicester-square, and afterwards in Grey's-
court. In both I carried on the same business as
the plaintiff had done. At first I managed to lack up a
decent living.
The further hearing of the case was then postponed to
this day.

COUla OF COMMON PLEAS.—YourrEnDAY.
ainiNt., AT \.,lltits.—ltettioitit !Amp Clair Jnnc. 'LAM AIM

......
Atit
THE EMIL or MOVNITIASIIELL e. lloriorsox.—Tus

CotmxitL CLUB.

This was an action—brought ;4;4;4 the &Pedant u •
managing committeeman of a club that bail formerly ex-
isted under the name of the Colonial Club, to recover the
sum of 96/. The circumstances of the cue were these:

In the month of J une, 1312, the Colonial Club was greatly
in debt, and on the nth of that month a meeting of the
managing committee was held, and it was resolved that the
runt of I,OOIJ. should be borrowed on the guarantee of the
society. In pursuance of that resolution the 4,0001. was
borrowed of the London and Commercial Bank. Thst
loan nut having been repaid, the present plaintiff, the Karl
of Mourottashell, had been sued Mr the money, and he bad
been compelled to pay 2.400/. There were 3b members of
the managing committee, 21; of whom only acted, and the
plaintiff now sought to recover from the defendant one
twenty-sixth part of the sum 2,4001. It had already been
decided that the general members of the club were not lia-
ble Do pay anything in respect of the 4,0001. lent by the
London and Commercial Bank.
Several witnesses were called on behalf of the plaintiff,
who proved the facts we huge already stated.
Mr. M. Chambers, fur the defendant, contended that as
the 4,100/. was borrowed upon the guarantee of the mem-
bers of the club, his client was only liable to pay his pro-
portion as a member of the club, and cot as a member of
the managing committee. Ile had paid 27d. into court,
which was all he was liable fo:.
The Lord Chief Justice then briefly summed up, and
The jury found a verdict for the plaintiff—damages
711. 3,, which, with the 2.31. paid into court, made OW. 3s.
JUDGES' CIIIMISERS.—Y Exr ERDAY.
obviate Ma. Jrnica WII UAW.
WiLkl AND ANtallEbt r. TCUNEl.—lrroarayr
Dacialum.

Yesterday an important decision was pronounced in this
ease in t, keener to cases under the Protection Acts in mat-
ter* of insole ency. The defendant had petitioned under
the Protection Act, and was heard by Mr. Commissioner
Law, who refused to grant his final order, and his case was
adjourned sine die. Ile was arresteo on the 11th of May
last year, and had been in Whitecross-street prison from
that period. An application bad been made to Mr. Coen-
MISSIOIIet Law, and he refused to discharge the insolvent.
Therefore Messes. Lewis and Lewis, instructed by the
governor of the prison, made an application to Mr. Justice
Williams under the 28th section of the 7 and 8 Vic. cap. 96,
by which it is provided that no debtor shall be imprisoned
on any process for more than twelve calendar months for
any debt contracted before tiling his petition in case the
final Oral r should be refused, or the protecting order not
renewed." The act is silent as to the court to discharge
such a person, and the present being the first application
was considered of some importance.
Mr. Justice Williams doubted whether he could grant
the application, but of er consulting Mr. Baron Parke,
made the order, and the defendant was discharged out of
custody.

COURT OF B.OIKRUPTCY.—YESTERDAY.
&rose Se. Contmcgniie Fonswists.
Is as LIONEL. Oinnitittn.
The bankrupt was a dealer in watches in King street,
Holborn. 'lbis was the certificate meeting. Mr. Lucas
opposed ; Mr. Warrand supported.
It appeared from the examination of the bankrupt by
Mr. Lueas, that this was his eighth failure, having been five
times an insolvent and three times a bankrupt. One
failure had arisen from some liabilities incurred on behalf
of Messrs. Cochrane. Prior to his first inve.venev he bad
been robbed of 60,0001. and had lust 100,0001.. Ile had
been a acriveuer, and had taken to the stage as a profession.
Having renewcil some debts, he had been arrested at the
Adelphi Theatre. Under one failure a dividend of 13s. 6d.
in the pound had been paid. In the other cues the debts
were not large, and he was not aware that any dividend
had been paid under them except a et ry small one in one
or two instances. He had pledged goods, but not to a large
amount.
Upon being re-examined by Mr. Warrant' the bankrupt
said that he had entered into an arrangement with Mr.
Marchand, :lo opposiug creditor. Mr. Marchand had re-
presented that he was falling 300 or 400 gold watches a day,
and had showed him a pile of that article as high es his
head. Mr. Marchand had led him to believe that he would
find bim a capital of 2,000/., and let him manage the busi-
ness, in the event of a partnership not being completed.
He had told all the creditors that he was himself a poor
man, and his present failure had arisen from placing too
great dependence upon Mr. Marchand.
Mr. Lucas urged that, although Mr. Marchand, knowing
the bankrupt to be a man of excellent address and very
clever, and endowed with great tact as well as talent, had
believed that he might be instrumental in effecting a great
trade in watchea, the transactions between them had not
been as described by the bankrupt. The court had heard
the bankrupt's statement with respect to his seven previous '
insolvencies, and would not, he was persuaded, grant him
au immediate certificate on the present occasion. The debts
were 3,0001., and the assets insignificant.
His Honour said, that having been five times insolvent
and three times a bankrupt, the bankrupt should have been
exceedingly cautious. He had traded very reckleisly, and
his certificate would be suspended twelve months, and be of
this third class only.

LNSOLVENT DEBTORS' COURT.—YESTEEDAT.
Scion TOs CAM Cbmarrtesopsn.
Is viz MATTED Or EDWARD COWY.LL.—NUTTL
APPLICATION.
This insolvent applied to be discharged on bail till his