The Express.
London, England, 1848-11-15 00:00:00

THE EXPRESS. WEDNESDAY EVENING, NOVEMBER 15, 1848.

was present at the time the Image was put into the cab.
The sestinas& remarced that the key was is the boa. She
replied that she wee usable to get it eat. I did not hear the
cabman any anything about it. I have no doubt tit.% the
wens I -w behind the wester of the shop to Cropley-
Mt:tea, was the, isms gentlemen who slept at the
.—This was the mos for the plaintiff.
Kr. Hughey than ',Uttered the jury for the defesdant,
obesseisi that the ease woe in many respects a singu-
lar erne. Is moth emus Ii was utheseary that the weal Atm.
riage of the parties shosid be proved ; andwhen the husband
desired to make it est that be had been damnified, it wee
deemed wecossory sail those hoes who were man inti•
mate with the porting, particularly there who were meat
likely to know the terms upon which they lived to-
. Poem gene 'wriest, in come of this kind
to-
nether
raid my that this was the ashy instance he hod seen
to
where, teem the smithd iselebratisa of the anises wn
the time at whisk the seders was aid to have taken the
wile away flan her lumehmad, not ant single kale bad
bees offal Si speak as to teem apes which the husband
and wife lived together. In
this we, although it had bees
on the enthethaismtion Mt the witness Pratt. that
i'reoLedi grows-so daughters and a slice is the habit of visit-
ing the plaintiff end his wit*, not ems of these period had
been salted. In feet, not one single female wither bed been
placed is the box to speak to the domestle relation of the
cation, although the plaintiff's counsel was taunted by him
on the erotheiemisetionl on this point; and although as
_ -
adja•Fl

.nee opportunity 'was affo;ffed 'by tho
meat of the case last night, no evidence had
been adduced on this most important point. The
learned 'mussel then ouenmented on the evidence of the
whams Robinson, and particularly dwelt on the farts elicited
in the cromexernination. The learned aeljeant, in his
cpeniog address to the jury, had gone as far beck as the
creation of the world for an 'nutrition of the heautifal
feelings of affection towards a wife which had ever influenced
men emcee he first lived in the woods ; bat what became of
all that flue pathos and eloquence when they looked at the
fact disclosed by the witness Robinson ? Hers was
a man caning into court to seek compensation
for outraged failings who, only sin weeas after
the loss at his wife, was engaged in midnight nen•
hies, drinking gin and hear, and sleeping in a pot-hones.
Did the contrast improve the pieta's ? Fortunately, in the
learned seejaiat's blissfal primitive state of nature, in those
sylvan aWrn, there wen no publicans to sell gin, no pawn-
brokers to take in clothes, and To gin and beer with which
to get drank. The learned mensal called on the jury, if
they Haunted a verdict for the plaintiff, to weigh well the
facts of the can, and award a moderate amount of Carnage's.
Mr. Baron Platt then seamed up, going minutely thr,ugh
the evidence', and leaving the ease to the oolisideration of the
jury, who then retired, and after an absence of half an hour
returned into court with a verdict for the plaintiff—Damages
8004.

EXCHEQUER CHAMBER.—TOTRaDAY.
Mire tae Lard Met InaWe Wilds, Mr. Baron Parer, Mr. Joltlee
Mr. Justice Crowed, Kr. Baum FLU, Mr. baron
rirV, . Jostles Brie, end Mr. Junius °Atom.
Tlm emit Met in the Ezehrquer Chamber to fir the @R-
eins!, of the court for the present term, and to pronounce
pad jimeat fa the following case.
RICHARD DUNN V. QUEIN, IN ERROR.—
JUDGMENT —TER COURT OT QUERN'S BENCH MAT
OZDZIL 80111TIZ5 TOE 000 D BZHATIOUIt, IN ADDITION
TO Inehmossmanr, ON AN INDICTMENT POE PZRJURT.—
Tide Case, it will be recollected, was argued during
Yee sittings after last term, end the court took time
ansider the judgment with respect to ens of the points
raised—namely, whether the Court of Queen's Bench had
the power to order the defendant Richard Dunn, the barris-
ter (the present plaintiff in error), to Bad securities fur good
behaviour, and to keep the peace on the expiring of the
teem of imprisonment awarded en the indictment for per-
jury at the instance of Miss Burdett Coutts.—Mr. Baron
Parke now delivered the judgment of the court. lie said, in
the case of " the Queen e. Dunn," argued last term, several
paints raked were disposed of, but there was one on which
Ms mart kit some little doubt. That was with reepact to
Mee IneeNe whether, in conviction for perjury', it was
ammehliee e
rr the court to impose, as part of the seutenee,
the eilligetlea to give security for good behaviour, and for
keening the peace, and to maw imprisonment until that
asenrity was given. He believed there was little doubt en
the minds of this judges who heard the argunsaate. They,
however, wished to reser to a we. is point decided in the
Hasse of Lords, but as they had act then acmes to the jour-
nals of the home, the decision or the point was postponed.
They had nines referred to the ass in which the judges were
unanimously of opinion that It was competent for the court
to order the defendant to fad security for good behaviour ;
therefore the judgment of the Court of Queen's Bench must
be affirmed.
SITTINGS or THE COURT.—The Lord Chief Justice
Wilds intimated that the court had aced the following days
for the sitting of the court :—Per errors from the Cowl of
Queen's Bench, Nov. 27, 28, and 29; Common Pleas, Nov.
30; Court of Esehequer, Dee. 1 and 2 ; and if requisite,
additional elitism will be held on the 3rd and Athol December.
IN an BARNARD ORZOORT v. THE Quint, IN ERROR.—
This was a motion to suspend judgment is 'his case, the
principal ground of error !seise that a general judgment
was given on an indictment of several counts. Oa the
previous day a rule was granted by the Court of Queen's
Bench to Mow cause why the judgment should not be
suspeadod.—Mr. Bares Parke : Of course, it will be suspended
until the roll is amended.—The court then roes.

COURT OP BANKRUPTCY.—YISTIMDAT.
Before ilr. Commissioner Iniepherd.
MERCHANT TRADERS' SKIT Loan AND INSIJRANCI
C. was a meeting for the proof of debts. A
great number of creditors were In attendance. At the last
rusting it will be remembered proclamation in outlawry was
made water two parties cossetted with the company,
named Winthrop and Price ; and these parties bad not yet
surrendered. Visoonnt ingrate., M.P., and Mr. B. Wood-
roffe, two of the directors, had been summed to give eli-
des°, at this meeting, but neither of them appeared. The
first proof on which say discussion arose was one tendered
by Ms. Barton on behalf of Marrs. Stings, corn-factors, for
0001., which was opposed by Mr. Pearce, for the assignees,
on the ground that the creditors had obtained judgment
agree* the company in an action commenced since the
bankruptcy. In support of the proof, it was argued that by
the lOtk section of the Joint, Stock Companies Bankruptcy
Act the judgment obtained was no bar to the proof.—
His Honour was inclined to reject toe proof, bat
reserved hie decision till the next Meeting. Mr.
Bagley, in reference to the absent witnesses, said that
he could not suppose that Lord Ingestre's non-attendance
wee other than accidental. He would, therefore, request the
Ingram to take notice of the fact that his lordship had not
Wended, and to issue fresh summonses. The summons on
W lordship had been served down in the country, in Bid-
kedsbira • and the distance might probably have prevented
bit attendance. The assignees would willingly impute his ab-
uses tit any other cause than unwillingness to give an ao-
' semi ofthe transactions of the company, of w ,hi& he had
bum am arias director to the last.—Fresh summonses were
ordered In hate. Proofs to the amount of upwards of ,
10,000 i. WOO placed on the file in the course of the day.
Were Mr.Corandasioner lonblenque.
LARGE MERCANTILE FAILCRE —This was an adjourned
meeting for the consideration of the certificate of John
Johnstone, merchant, Groat Winchester-street. Mr. Law-
rence sum:pried, end Mr. Roy opposed, for the assignees, on
the ground that it the certificate were now granted it would
operate most prejudicially to the estate end to the emcee-
cisl world.—Hr. Boy stated that the bankrupt bad been
trading on hie own account for four or five years prior to
January, 1848, when he entered into partnership with Mr.
Cole, who had no capital. Up to May last these parties had
contracted lobilities to the amount of 2.52,5001., an amount
of trading which could only have been jos* ified by a very
large capital ; and, in this case, the few thousands of capital
which Johnstone professed to have, turned out to be bail
debts. He had also contrived to fasten his own private
liabilities of 50,0001. on the joint estate. The other side of
the balance-sheet was least lamentable, showing only 1,1801.
of resets received on the joint estate, and between 8001.
end 9001. on the separate estate. The fact that the
liabilities on bills receivable was 95,0001. was an
important 'fact in judging of the character ot the trading.
The assets being principally in the Best Indies and the Mau-
ritius, the trade reignse had no confidence in their being
realised to anything like the amount estimated—about
26,0001, Hence it was desirable that the certifies!' should
be poseposed till it was ascertained how these assets turned
out. Bros the last examination it had been discovered that
the bankrupt had issued a large amount of bills to no less
en amount than 42,01,01., purporting :to be India bills, but
which were really prawn to Moorgattestrest, and which con-
sequently turned putt* be worthier. In his private exami •
nationthe bankrupt had admitted that many of the bills
drawn
trams,
cad Co., with whom he had large
, and accepted by himself, were drawn in Lon-
don, though purporting to be drawn in Calcutta. It might
be mid that A. A. Lackentein, one of the India firm,
resided in London, and had a right to issue bills in thorium
of his firm; bat why were they dated Calcutta, and with-
out a stamp ? After this disclosure the bills were valuers.
Having aseerteined so much, the eeriness were
desirous to emends more ' • and having taken the ewe el
the creditors at large, amongst whom were mensested
with the largest commercial houses in the City, they
were determined to follow up the inquiry. On this account
it was quite premature for the bankrupt to apply for his I
certificate —Mr. Lawrence submitted that no case for put-
pennant had been made out. It was always desirable that
the application for certificate should be made as early as
porfbie after the last examination, when all the circum-
stances were fresh in the memory of the court. In this
ere, the bankrupt had passed kis last examination in July ;
and the only *airy which the assignees had since made
we. a single examination of the bankrupt about a fortnight
so. It was no ground for adjourning the certificate that
the wets might turn out less favourably then had been an-
ticipated. ne bankrupt's short answer to the
treaded on the bills mu, that there was en item otarre
other side- the balance-sheet of nearly as large en amount.
—The Commirioner mid it was important he should know
how much of the paper, was worthless, and how much re-
=ted real tratuactions—a fact which would be muck
ascertained by two or three mamba= and solicitors
oat of court. Where such a large eminent of figures was
concerned, and where such heavy debts had been contracted
in so short a time, *mignon were entitled to a little ex-
union of the time usually allowed for inquiry. He, how-
ever, wished it to be understood that he made the postpone-
ment without any imputation on Mr. Johnsome.—Ulti-
cutely, the application was postponed till December 21.

POLICE.—YEsTraDAy..

------
GUILDHALL.—JuvzstLe Tatar.—J. Holmes, whose
head or.ly partly appeared above the dock wee Wanted with
stealing a puree wataining 21. 10s. 6d.—Eliza doors stated
that she wee 00111104 down Holborn :ha previous da and at
the bottoms of the lull the prisoner pot his head into her
peeks% sad took her pews out, sentaialsg the above seat.

She pursued him, and is the canna of the chase he dropped
rioter
of
die
owe
...dud
the was cap-
tured.—Theezerentbuaal4lyb.
Im-
prisonment and to be well whipped.
tinhecustPuslwahninhmberthe aP"tinseld'eu,Pan, d had been several times
MARYLEBONE. Cannon or ROTRIST AGAINST
re hippe.--Alderman Gibbs meeting:lrd him to 14 dap'
Tan BILSONIIISII Sr. Maur.—Tie Martalatt St Mart (fee-
mull Miss Todhunter) way charged with havilengJohn stolen
are.
two
valuable diamond rings, the property of 8 H
Mrs Ballantine appeared foe the defense The evidence
uldeeed was the same as that beard on the previous exami-
nation. Mr. Ballantine subjected the witnesses to long
cresezanaination ,• after which he made an address, in
which he expressed his firm conviction with respect to the
entire innocence of the Baroness, and he could come to no
other conclusion than that Sir John wag labouring under an
entire error, arising from transactions he had been involved
in, end which may have bad the effect of unsettling his
mind. The Baroness had most solemnly data% ed that she
never brouebt the rings away from Sir John Hare's house,
, and he (the learned gentleman) felt assured that her asser-
tion was strictly true. Hs made many observations upon
the character of the evidence given by Russell, the dia-
-1 charged servant, and contended that it was not en'itled to
halief.—Mr. Clarkson, for the prosecution, repeated that on
another day he should be prepared with additional evidence,
ad he was quite sure that Sir John Hare had done no mere
than his duty in prosecuting the present charge.—Mr.
Broughton remanded the accused till Tuesday; he was
willing to take the same bail as before, vie., the Baron in
2001., aid another surety in lOW., for the Baroness's appear
an.. on the day named. The recogniaanoes were renewed
as required.—ln the crowd assembled to hear the case, a
person *as robbed of his purse, containing 151. in notes and
two sovereigns.
' CLERKBN WELL —Cutzver.—/I. Wilton was charged
with having cruelly assaulted J. Michelson, his apprentice.
The boy, Michelson, wee bound apprentice to the defendant
about six months ago by the parish authorities of Islington.
He had no 'whey or mother, nor any friends. The defend-
ant was in the habit of beating him most cruelly, and he
tbea had marks of violence on his person. On Monday fort-
night, the deli ndsnt brought him before the magistrate of
this court, and said that he would not do some work. He had
since kept him on bread and water, and locked him up by
himself in a room. The neighbours and the police interfered
in consequence of the cruelty exercised towards him, and
a warrant was taken out against the defendant.—
The defendant said he wee authorised by the magistrate to
beat the boy.—Mr. Tyrwhitt : I am sure not by me.--Mr.
Mould, the clerk, said he was present when the defendant
brought the boy before Mr. Combs, who merely suggested
•• reasonable correction."—Mr. Tyrwhitt said he would never
encourage the principle of moderate chastisement on the
part of a muter towards his apprentice, unless in the pre-
sence of indifferent persons. Such treatment as that ever
Weed by the defendant was brutalising, and unless he had
been cruelly treated the neighbours would not have come
forward as they had done on this occasion. The boy must
be separated from defendant and his indentures cancelled.
He would have no hesitation or difficulty at all in inflicting
a penalty on the defesidaut, but he would let the warrant
hang over his head for consideration, especially that of the
perish, who ought to act as the parents of the pear boy, who
was a f. iendlsse orphan.
SOUTHWARK.—Svedinixo.—E. Mulcahy was charged
with having stabbed G. T. Wallington.—The complainant
stated that on the preceding night he and his wife
and a man named Dailey and his wife, were returning
home together, when, in walking along Bankside, they en-
countered the pr goner. The letter was atandirg near the
Phenix gas works, and as they passed him, he made use of
some very coarse and dieguning language, upon which
Daley remonstrated with him, and an altercation occurred
between them, which ended in Ririe, walking away, and
complainant's Rely proceeded onwards, under the impression
that it was all over, and that they would hear no more
about the prisoner. They, however, had not walked
many yards when the prisoner came running alter them,
and Dailey being in advance, the priecner ran up to coin
plaiaant, and standing before him so as to impede his pro.
gnu, he plunged the point of a clasp knife into his side and
then ran away, leaving the weapon sticking in the wound.
Complainant finding that he was stabbed, called out, and
Dub y pursued the 'reliant, while he (complainant) leaned
up against some iron railings, and with difficulty polled the
knife out of his side. The knife was here produc.,d, with
blood upon the blade, and was one of thine large clasp
knives which are in general use amongst labouring
men for cutting their meat. The complainant added
that he bad given the prisoner no provocation
whatever, and that the angry words which had
previously occurred were between the prisoner and Daley.
—Daley confirmed the complainant's account of the out-
rage, and said that when he pursued the prisoner. the latter,
upon his coming up with him, resisted very much.—Mr.
Oiling, surgeon, stated that he examined the wound in-
flicted in the complainant's side, and found it situated be-
tween the seventh and eighth ribs, and three quarters of an
inch in depth, end had not the point of the weapon come in
contact with the rib, in all probability it would have been
fatal.—Theyrisoner wan committed for trial.
LAMBETH.—SANITAKY IMPROVEMENT.—Mr. Ellis,
the owner of premises in Church•streit, Manor-place, Wel-
worth, was summoned for keeping up a nuisance on his
premises. These were used as a place where nightmen
were allowed to deposit nightsoil, on the payment of a
shilling a load ; this soil was subsequently mixed up with
certain portions of horsedung, tan, and other matter, and
subsequently carted away by farmers and market gardeners.
During the process of mixing, while on the premises and
while being filled iota the carte, this composition emitted the
most abominable attach. illness had ensued to persons near
the place. Evidence to that effect was given at some length ;
and Mr. Elliott made an order for the removal of the nuisance
instanter, telling the defendant that he would be liable to a
penalty of 10e. a day for every day the nuisance would be
continued, or in default of payment, to 40 days' imprison-
ment.