The Express.
London, England, 1851-07-04 00:00:00

SPANISII BONDHOLDERS.

Yesterday a public meeting of these bondholders
was held at the London Tavern, for the purpose of taking
into consideration the proposition recently made with re-
spect to their payment by the Minister of Finance at
Madrid to the Spanish Cortes. The nesting was very
numerously attended. The chair was occupied by JAKEd
CASSEL, LK.
The C HAI BM AN commenced the proceedings by stating
that the bondholders had now arrived at a very important
crisis in their utfltirs, and that they ought to come to the
consideration of it with all the calmness and self-possession
in their power. At their last meeting, held upon the lath
of February, they had adopted a series of resolutions,
short in their nature, but valuable in their import, to
which, in his opinion, they ought now to adhere. lle had
since thou written two letters to official parsons resident in
Spain, from which his views would b:st be gleaned. Ito
had stated in these communications that the state of tho
Spanish finances could be so improved as to meet the
terms required by the bondholders; that the coupons
ought to be capitalised its value; that if the bond-
holders waited another year they would certainly demand
higher terms than they had in kebruary ; and that, with
the exception of Greece, Spain was the only defaulting
state in Europe. He believed that if the bondholders re-
jected the proposal which had been made by Bravo Mu-
rillo, the Minister of Spanish Finance, and adhered to tho
terms they had themselves offered in February, they would
succeed in accomplishing their purpose. Their demands
were so moderate that uo Spanish government could suc-
cessfully resist them. (Hear.) The chairman then read
six resolutions which the committee had unanimously (with
the exception of Baron Rothschild) drawn up for the ;adop-
tion of the meeting, and concluded by proposing the first
of them, namely, that the bondholders rejected the whole
of Murillo's proposed terms of settlement, they being of
opinion that the offer they had themes:lves made in Feb-
ruary was moderate, and such as the Spanish government
by making an improvement in their timuseial system, could
easily meet.
Mr. MOODY seconded the resolution.

Mr. CROOKE dissented from it, on the ground that no
minister of Spain had offered so much to the bondholders as
had Murillo. lie moved, us an amendment, that time pro-
posal of Murillo he accepted.
The CHAIRMAN expressed a hope that there would he
no mistake on this point—that it they now acceded to
Merino's terms, they would never get anything further
from the Spanish government, because the latter would cer-
tainly look upon the settlement as final.
Mr. MOCATIA contended that, as Merino's propositiou
had been made to the Cortes, any resolution come to at the
present meeting would not only be nugatory, but it might
prejudice the case of the bondholders. Ito represented
several bondholders, and he was authorised by them to
state, that they would not be tied down by any resolution
passed in that room under existing circumstances.
Mr. HENDERSON observed that the important ques-
tion for consideration was—whether it was an act of
justice towards the holders of coupons to ask them to sacri-
fice 10 per cent. of their rightful claims. Ile would
support the resolution of the chairman, hemou,e he was fur
taking his stand upon the, pure principles of justice.
Sir HENRY ISAILLEY ',weed also to reject Merino's
proposition because of its injustice.
Mr. LASKEIt charactentied Merino's proposition as the
most insulting, disgraceful, and infamous which ever ema-
nated even from Spain. Nothing equal to it was to bo
found in the times of the repudiating Ferdinand himself—
a man so had that he bad been looked upon as the curse of
his country ; still the word "confiscation" had never en-
tered into his plans. (fleas.) It was, perhaps, important
to know that Narvaez was ut present in London, collecting
a little of English sentiment; and this meeting would, in
all probability, serve to make hint acquainted with the
views of the bondholders of this country, touching the
must inadequate offer made them by the Spanish Minister
of Finance. Since 1844, Spain had got into debt to the
tune of 40,000,0001., for which she was paying interest ut
the rate of from 10 to 12 per cent.; and yet, at such a time
as this, when she was raising and paying interest so enor-
mous to others, she was proposing to give her English

bondholders the paltry amount of 1 rier cent. (H „
ear.)
Mr. SAMPSON defended the holding of the present
meeting, upon the ground that if it had not been convened
Spain would have had all the world to suppose that the
English bondholders were quite satisfied with Murillo's
offer. That offer was this—that two-thirds of the original
Five per Cents., with a large amount of dividends overdue,
should, in the COMIC of 19 years, become three-and-three-
quarter per cents. stock. The bondholders, on the other
hand, proposed that this five per cent. should be taken at
four-and-a-half per cent ; and he hoped they would all be
unanimous in maintaining so fair and rnasonable a proposi-
tion. (Cheers.)
Mr. LEVI said he was willing to confide his interests to
the care and management of the committee, provided the
latter were of opinion that by prolonging the contest fair
and equitable terms could be obtained from the Spanish
government.
Baron ROTHSCHILD regretted exceedingly to think
that this was an occasion upon which he could not perfectly
coincide with the views of thu chairman and the rest of his
colleagues, or the committee. The character of the Spa-
niards was well known. They would pay as little as they
could ; and, in fact, they would never pay at all if they
could help it. (" Hear, hear," and a laugh.) lie agreed
that the terms offered by Murillo were unfair ;
still, it must not be forgotten that there was
a minister now in Spain anxious to make some
arrangement with his public creditors, and that the Spanish
government would be very glad to see the English bond-
holders refuse the present offer, because they would in that
case be enabled next year to appropriate about 1,000,0001.
sterling to their own state purposes.
Mr. MILNE supported the resolution. He trusted the
Cortes would refuse to listen to the base proposition of
Murillo.
Mr. ROBINSON deprecated a division of opinion
among the bondholders, and moved an amendment
to the following effect :—" That this meeting affirms
its first resolve, rendered more binding by the una-
nimous vote of three previous public meetings, and hereby
determines to abide by its former resolutions, and it refers
the whole matter back to the committee, in order that the
latter may take such steps as they may think proper to bring
this long pending question to a satisfactory 'bone, alike cre-
ditable and honourable to Spain, and beneficial to its

creditors."
Mr. CROOKE having withdrawn his amendment,
The sense of the meeting was taken on the one proposed
by Mr. Robion, which was earned unanimously.
'rhe proceensdings then terminated.

PERVERSION OP THE REV. F. S. i3ARFF AND
THE REV. THOMAS DTKEB.--The Rev. F. S. BEA 8.A.,
and the Rev. Thos. Dykes, 8.A., who recently resigned
their office as curates in the Holy Trinity Church, were
admitted, on Sunday morning last, into the Romish com-
munion, and received the sacrament in the Roman catholic
chapel, Jarmtt-street, from the hands of the Rev. Mr.
Mettler. No public avowal of the change in their prin-
ciples was made by the rev. perverts, neither was ilk re
any reference made to it in the sermon preached in the
morning by the Rev. Mr. Trappe', the minister of the
chapel. That in the evening partook of a controversial_
had
ever being on the question of miracles, the . course of
which Mr. Trappe, endeavoured to show that miracles
ever been the chief feature and characteristic of " the only
true church."—Eastern Counties Horaid.

UNIVERSITY AND CLERICAL
Oxroun, JULY 3.—The commemoration of founders
was holden to-day in the theatre in the usual meaner. The
demonstrations of applause and dissent were more than
smelly noisy, and roved the interest taken in the proceed-
ings by the undergraduates. The weather was propitious
for the oecasios, and the theatre has seldom presented a
more splendid array of beauty and fashion. Last year the
lomorary degrees were principally conferred on military
heroes; this year the recipients were bishops, miasionaries,
lawyers, and statesmen. The national anthem was received
by a spontaneous bunt of applause on the part of the under-
uadisates. After the Crews:ilia oration, the recitation of
the prise essays and poems took place, after which the viee-
chancellor retired, and with the eminent individuals on
whom degrees had hero conferred partook of luncheon at
University College.
Hallam SCHULARSH tec—The examiners for the Ken-
nicott and Pusey and Ellerton Hebrew scholarships have
announced to the Vice-Chancellor that they have elected
Mr. William Wright, 8.A., of St. John's toiler, to the
Kcanicott, and Mr. Charles Mathison, Scholar of St. John's,
to the Pussy and Elicitors.
In Convocation held this day, the honorary degree of
Doctor in Civil Law was conferred on: The Right 11ev.
A Ewing, D.D.. Bishop of Argyle and the Isles; Sir W. I'.
Wood, F.R.S., her Majesty's Solicitor-General, M.P. for the
city of Oxford; Sir Benjamin Collins Brodie, F.H.8.;
Lieut.-Col. Francis Rawdon Chesney, Royal Artillery; the
Venerable William Williams, of Magdalen Hall, Arch-
demo. of Waiapu, is New Zealand.
CaNnwoe, JCLT 3.—At a congregation holden
this day, the following degree• were conferred .—Honorary
M.A.—Han. L. G. F. Agar Ellis (second son of Lord
Dever). D.D.--Genege Martin, St. John's. M.A.—B. L.
Darin, Trinity; Y.. It. Edson, St. John's; James Wet-
ness, Corpus ChrMti ; L F. Clarkson, Emanuel. LL.B.—
Mules Trollope Swan, Christ a. Charles Parsons Rekhel,
M.A., Trinity Collage Dublin, was admitted ad (minks,.

SPORTING.

CARLISLE RACES-WEDNRADAY.

SPICULATION PLATS of M., added to a sweepstakes of
6 son. each, 3 It • 3-yr olds, 7st 101 b ; four, 9st ; five,
9st 7111 ; tic and ag.d, 94 1011, ; loaves and 6Yldinire allowed
31b ; the winner to be. sold by auctioa, &e. I''fol3l the Style
Turn in. 4 subs.)
Mr. Peaky's Virtyalime. 3 yr, (to be add hr (e. Slope) I
Mr. W. lihorpea llalairer. sp. • (HatilareU) 2
Mr. none. Miceererna. $ rr. (Lye) 3
of 100 guinea., ridded to a handi-
cap of 10 ann. oath, 5 ft. and only :1 if declared ; the w-
and Is save his stake. Twin round and a die.
JP. Wrslaserb Waal uf WI ail. 6 yrL 014 .. I ebd‘l• ) I
Lod feek,fe leepernyre on. 3)re, .431 b.. (I barl:eb)
26.2. Drawer ad linkedl yr., 0.4 Sib (embeeroe. Yee.) 3
STAIIKA of 2 bor.. each and 10 added ; Xer
olds,9st 121 h; 6mr, 11421 h; live, 1 let sir and aged,
I2st 31b. fientlerno n riders. One mile and a half. (6
solo.)
li&Oask se Maar Or. 14. 6 yrs baleen) I
Mt. Lbreveriee MN Peeerld'e. 4 yrs
Mr. !Marra Aetna. pi IQ, a yr 5..... ...... . ...... Oesoni
Tarilifit6 N'',l PLATS of VW. ; 3.yr elde, Get 12lb ; four,
164 ; Ave, Met NIL ; 'de awl aged, hd 1211. ; those that never
lime 501. allowed ;11h ; the winner to be sold for 150 i., &c.
Heats, one mile and a half.
()Leans Ilan un'oeoltesd.t.e, 3 y
31r. Whlte.l3.r., teal ((Nark raj 0 2
or.l. (Worse • iNemp .I.ma, 3 yr* 4l.lstorne) I 3dr
Mr. Lowe ad L. s.lla. ty. (K. leralurar) 2 dr

NEWMARKKT JULY SII:ETING.7-TitettsDAy.

114.41111 C Swarrwr %sr+ of 1. 501%. rich, 10 ft, for all
asps (escept Zit *kis). From the starting post of 13. M.,
to end of New T.Y.C. (4 subs.)
roe. pars Larmvl/4 4PS 711 (Ylatm34) I
Mr R. nivel C4l3forats. 4 re. 114 (Whstelv4am) 2
Mr, SP. 1UNG441...4, 3 744, it Jla ..... . . (G. Mom( 3
1.44 034M.V• Kamint of the Garter. 3 )44. 7et Ilb (J. Maas) 4
PLA7II of 50/. for 2-yr-ohls, eel 11th; three, list 6th;
four, list 1216 ; Are and upwards, 944. The Winner to he
old for 2001. ; if enterill to he sold fur 1501., allowed 911.8 ;
if for 1114tf., 1110; if fur 801., 211 b.; If foe 404, 201 be.
Last half of 11.D11._ _ _ _ _ _ _

--- ---
t W Ammisailmis at et Namur, 2 44
(tinf.), 34 . (T. Wainer) I
ed. Aaron's (b. E. Ithsrp) 3
Mr. Norr. Nolssay (M. yrs i5a1.).34141i (Atharlmo 2
l'aritcsrtrl.o Porous* of 30wasA each, 20 A: itir 2-yr-
rehl mita. s.t 715; and fillies, ted 415. The winner of the
July Stake.. SIM extra; sad the second, illas extra. Last
Iran of CPO sub-.)
IJsl.Ass Issy Ihsidia I ....111104.2.4)
Pol. NM% too dos .........
1 sod Itsalerli Naitorroe .
Mr. Ilsoris• shy Nuts ir 1, .Isia by Nominalist (111441) 4
Stwattrwratas of 10 ...es. each fur 2-yr-olds, Est 41b; 3
yrs, Mit 415 ; Ater, s.t 1211 i ; lire andupwards, 9st 21b; the
mauve to be sold fur :VAL, and new T.Y.C. (3 subs.)
Lat.! W. Powlett and Mr. Armstrong, after their horses ,
were mounted, agreed to divide Col. l'eePs stake, and St.
Ann walked over.

THE 04W+.
11 to 1 apt 14, itonlin4 (takes)
The meeting, although it had the advantage of
favourable weather- cold enough on the last day
for an October wis•k was thinly attended, and
realised hut a small amount of sport. The two
principal events were the July and Chesterfield Stakes, and
they proved of no slight importance, Brother to Elthirou
winning m easily to to spring five or six points in the
lh.rl), lotting, and Buy Rosalind obtaining so signal a vic-
tory utor Colonel Peers horse for the other, that she was
immediately elevated to the premiership for the Oaks. Spe-
culation on the current events, as well as on future ones,
was languid in the extreme.
Captain Lowther is the new steward in the room of Lord
Stanley, whose term expired with this meeting.

CRICKET.

TUE UNIVERSITY OF OXFORD v. '''''' UNIT EA-

OF

This interesting annual corgi st W. 1.4 commenced yesterday
at Lord's„ in the pristine of a numerous assemblage of
spectators. Cambridge went in first, and, as will be found,
made some lung aeons, although the best specimen of
batting, that by Mr. Vernon, was not destined to place the
Largest atuuttut of runs ups the paper. The total score thus:
C•11111U1m.M.
W. trekr. 1641. area out
L Peon, , a Louie, bCese• M. limpets, tug., e. Uwe, b
hove 15 Obie Wee l9
W. term. beslitl•Pee W. Norris, Eq..e Lel, b Uwe 12
It. Venom. e.N.,b kayo
V. W•lber, P.41..1, Merchant •10 I /I, 211; IL $; w, 21; üb,l. 36
61 H. 11.,r0, , Manaus. 9
C. Mew*, tau ,run out

A. Wander. Emu e More. b..__ _
V. lenge, E.q., notout
Mere S link, Seq.. tun out
psis. lift .• W. 00111. 6.Q, .1...1, e Vernon, b
b Mow
Y. Me i1116.....147 ; ICYIMII l. b, 2; s,l
C. 14 tin% WaV.
........ ... WiWia b S GS
SIM —......

THE NORTH T. THE SOUTH.

This ts the hrst time that this match has ever been wit-
nessed in Surrey. and, a. w.&» to be expected, therefore, its
advent was welcomed by a crowded ground. The Oval
wa• the scene of combat. At the close of the day the score
presented the following appearance:
Sonya.

..__. _
Guy, • Dot. b Mar-Udall ... .. 21 Itabluieems. run out
L.'. Ttury. I. 11111yer
atAttert.o, b Windt. 3O tlarbe. b Shvroa.an .. . .. _ 11
Parr, • 1.14.1, b l'Ai7y•2
Wriobt. b nbersoan 7 11,1; 10.4 l3
Susi nlO, MD out .... . ... . 0 --.
000.1.0. I to vt. b Ildlyer 3l 1135

bony.
W. Catryn, b Huttr.. 7 T. nol, sot Ott •
&ulna. b Olathe
M. b
11141.bbb 1... t out
F. 1 .. I

AQUATICS.

taw 3

EQUITY COURTS.7YEareaDAT:

Ber;as Leas CRASHER?* TICE-QBANTRIAGE).
IN is THE DIRECT BIRMINGHAM, OXFORD AND
BRIGHTON RAILWAY CO . , EX

LIABILITY OF CONTRIBUTOR'''.
A sootiest was made in this oasis es behalf of the official
of the company that the decision of the Master,
where he had decides' that Henry Smith Bright was
liable to bear and pay his rateable proportion of the nem"-
eery expenses of the committee in preparing the launch of
the common concern incurred between- the 14th of October,
' 1815, and the 30th of November, 1845, both inclusive,
being the sum of 4,5621. 10s. 7d., might be reversed, and
that it might be declared that the said Mr. Bright was
liable to bear and pay a rateable proportion of the said ex-
penses incurred between the said 14th of October and 30th
of November, and in addition thereto to pay a rateable pro-
portion of the said expense.' before the 14th of October and
subsequently to the 30th of November down to the abandon-
ment of the company, being a further sum of 5,612/. Os. Bd.
Across motion was also made on behalf of Mr. Bright, that
the order of the Master, whereby he had directed that a call
should be made upon certain contributories including the
said Mr. Bright, should be discharged.
Mr. Bethel' and Mr. Roxburgh appeared for the official
manager, and stated that this case was the same in its cir-
cumstances as that of Cp6lljecided by the House of Lords.
Mr. Bright had taken shareKand became •provisional com-
mitteeman on theleth of October, and on the 30th of No-
vember it was discovered that the documents necessary to
he carried in before the house for the purpose of obtaining
the act of parliament could not be prep.ircd in sufficient
time. The project was afterwards altogether abandoned.
It was contended that the Master was wrong in fixing Mr.
Bright with a liability only between the 14th of October
and the 30th of November, and that he was liable to the ex-
penses incurred previously and subsequently to those
periods.
Mr. Cooper and Mr. Morris appeared on behalf of Mr.
Bright, and contended that ho was not liable to pay the
I call made by the Master.
Lord Cranworth ...aid this case resembled the case of Mr.
Carrick, which had been lately argued. lie had prepared
his judgment in that case, and would deliver it to-morrow.
A very able argument had been made by Mr. Roxburgh
to prove that Mr. Carrick had done something more than
merely taken shares. His lordship said he had taken some
pains to look attentively through all the sets of parliament
relating to the winding-up of companies, and the decision
he had come to relative to the liabilities of contributories

was this the first place, certain persons endeavoured
to form a company. and, in the progress of that endeavour,
other persons agreed to take shares, and large expenses
were incurred. Ultimately, the endeavour proved unsuc-
cessful, and it folloned that the expenses ought to be borne
by those who had tried unsuccessfully to Corm the company,
but there could he no community between those who tried
and failed to form the association, and those who only agreed
to take shares in it. If a party, in addition to taking shares,
had also paid deposits, then there was no doubt brit the
deprnits might be recovered back. The matter stood in this
way prior to the recent statutes. Then the question was,
how far the law haul been altered. Ilia opinion was that
these statutes bail not altered the law. It would have been

TII.INIES WATER3IEN'S ROYAL REGATTA.
This regatta. under the patronage of his Royal Ilighness
Prince tits Lord Mayor, the Mioters nail Wardens
of the Watertown's Company, and several noblemen and
gentlemen. commenced yesterday with the trial heats. The
weather was estreniely tine, the rowing very good, but the
amemblaae thin. _ _

APVUENTICS* MATellfOr aunt and badge and freedom

U. Ruling Fellehri:grsta-

N. l'urt W.''"i'! W mf.

an extraordinary thing for the legislature to have interfered
as between those who endeavoured to form the company
and those who agreed to become members. The projects
hail become no num-rous as to be a perfect nuisance, and it
was necessary to provide a remedy. It was, therefore, pro-
vided by the act. that a provisional registration should in
the lied place be effected, but nothing could then be
done further than the making of surveys, issuing
handbills, eke. By the 23rd section the parties at
this period were termed the promoters of the company.
If the project was carried any farther, then the parties
bound themselves by a deed of settlement, and complete re-
gistration was obtained when they became a corporation;
it was only after this that directors could be chosen, shares
allotted, and accounts inspected; but thin did not vary the
fact that preliminary expenses were the subject of special
contribution between the parties. The parties agreeing to
take shares were not amalgamated with the promoters ; but
the right., of ',artier were lett just as they were before the
recent acts, except that the course to be taken was regu-
lated. However ambiguous the actsmight be, still the rights
and obligations of the parties were left untouched. If the
court had adhereelstrii tly to the language of the acts from the
lint, many difficulties would have been avoided; hut,
though he did not wish to speak disre spectrally of any judge,
it certainly appeared to him that winding-up orders had
been made lather too hastily concerning companies not
formed, which affected those persons who, until the com-
pany was formed,: were merely bystanders, and had in-
dividual right unconnected with the others. This was
proved by the Cale of Wallstab r. Spottiswode. Then came
Cattle's CAA', and Uptill's case ; and although it was diffi-
cult to understand the latter case' it was clear that this was
decided, that a party taking shares and being a contributory,
was liable for something ; and that the other members of
the provisional committee might make him contribute, as
if he had given them power to act for him. That case
was at presont the governing decision, hat he tut-
dentoed the whole question would shortly come before
the houses of Lords again. An amusing analogy
occurred to his lordship's mind this morning, which,
in many respects was precisely similar to these cases.
Suppose a man had taken a season ticket for the Great Ex-
hibition in April last, and the Exhibition had failed, he
would have been extremely surprised to have been made
liable to contribute to the expenses. With respect to the
ease now before the court, he thought that Mr. Bright wan
only liable to contribute alter the acceptance of the shares,
and not subsequently to the 30th of November. The
Master's order must, therefore, be affirmed.

RATH P. CHAPMAN. ADMINISTRATION OF SIGNOR
DIRAGONETTI'S PROPERTY.
Mr. Stuart and Mr. Elderton applied in this case for an
order to examine witnesses abroad. A further report had
barn made by the Master, in which he stated that he could
not decide who wete the " next of blood" of Signor Dragn-
nctti, to whom the residue of his property was left, without
a commission being sent out to Venice to make inquiries.
to affidavit had also been made by a Mr. Appleby, who
hail been acquainted with Signor Dragonetti for forty
years, statins that he believed there were next of kin of the
testator residing at Venice.
Mr. James, on behalf of the crown, opposed the applica-
tion, on the ground that the next of km ought themselves
to bear the expense of the commission and not the estate.
Two persons had applied fur a share of the estate as being
neat of kin, but they alleged that they were too poor to pay
the necessary expenses of proving their relationship. 1 los
was nu reason fur the expense falling upon the estate, which
was the property of the crown in ease no next of kin were
found.

V. te P.IIIIIKO
J. Bell, Illchtson4l w 0
J .1441.
Tile court., in this, and the whole of the other heats, was
from Putney-bridge up round a boot at Chiswick Eyot, and
down to the Chancellor's. The men were scull and scull
for some dist.ince, tilt tide led by a clear length off the
Vser-Chancellor's, where Collude WWI hall a length only
a-head of the others, who were all abreast. Off the Crab-
tree. Robins challenged the leading man and won the heat,
flak turning the Mug on the wrong side by mi.take, a cir.
euinstance which induced the managers to allow of his con-
tending in the grand heat.
- -

t•EctiND MCAT.

R. Lour, flaneirlowa ......
I*. tiv.aular. /Salad*
J. E. Rel.l. l‘therlEttte .
J. W.
.I).s t'uitko:d'o Point .

s

The la.t man got water-logged soon after the •tart, and
was obliard to "bale oat;' the tint two men had it all
thtir own way.

Lord Cranworth said the testator had left the residue to
hi, next of kin, and the crown could only be entitled in case
the court could not find out who were the persons entitled.
I Ile was clearly of opinion that some steps should be taken
for ascertaining the nett of kin. The testator had in fact
lirreteal an inquiry, and he thought the expense ought to
be paid by the executors out of the estate. The commission
wu therefore ordered.

THIRD 1142.
R. Pew, Whitettel
brorsieraltik:rd .K. W. 2
ant
J Ilsekesear, Ilishissed •
Ileri.trns' MATCH bLiWzenneu, for a Prism Wherry,
laves by his Royal Ilig Prince Albert.

WHIST RUT.
7. Oredr•m,10,110•511
KA.r. v.
M.•Ouri, Vii
••••••.•ales — _ ~ 0
•

COURT OF QUEEN'S BENCII.—YESTERDAT.
&mass ut Nua PRIV • AT GentHow..—Bsvoss Lout CIIIIMILL

--••;•ri:••0---;177t•••.---
Lortvs V. COUNEWALL.

This was an action to recover damages for an assault com-
mitted on the plaintiff, Lord Reorge William Loftus, by the
defendant, Lieutenant Cornewall, of the Ride Brigade.
The Attumes-General and Mr. Fry appeared for the
plaintiff, and Mr. M. Chambers, L.C., and Mr. !lance fur
the defendant.

The dispute, which ended in the assault complained of,
arose from circumstances which occurred so long ago as 1845.
The defendant, being then a young man of nineteen, was at
that time living with his tamely at l'au, in the south of
France, and the plaintiff, as he alleged, then and there lent
him a sum of 300 francs. The defendant having afterwards
entered the army, and having been till recently with his
regiment at the Cape, it did not appear that the plaintiff
had ever requested the repayment of this loan of him until
he wrote the first letter of the following correspondence,
which sufficiently explains itself :

Nth Cornwall,-1 sew by the papers a few
days alto, that your deth:broent hot landed from the Cope. Allow
me to remierl you of the enroll del* (121 ) von owe ra., h ohm nut
you firer .msat Pou in I, le. lied assured that I would nut trouble
you wore I DM hard up, and renuest to tear tram you by return of
met I am, youre very truly, (humor Lunt s.
P.S. I saw your f ither at BOUlagne rOake two years ago, and he
promised to my me the re ney, but did not.
In :inviter to this letter, the defendant wrote, on the 6th
of October, a note in these terms:
Dior Lotus, rem teed your note, and communicated with my
father ou the rubj,,t you turrume. My lather • rya lee promised to
pay you, but it was provided I owed the money. I du not recollect
your Irful.ou fur the nosey; and In 14.1 I OM certain I owe you no
Moral' at all.
To this the plaintiff replied as follows:
IJeur Ceenewall,—lour letter at the 6th wt. reached me yester-
day. Your memory being au conveniently fm yourself deficient, I
moot glee you .e refresh. r by et ding, that when at Lau, In ISIS (or
the end en lair), at the time of your father's absence from 'Lobes,
when an 'Renown was in h e house, I then lent you, at your own
request, lOU frame, and Met afterward, on all nog a torte own
there peeviosely to my going to Man, abler, you must MUIPMMT,
as yea pee to term the matey bum to the bole', I lent you Soot.,
Is all MO. Ity a nine recurred yesterday 6 ma Mr. G my he combo.
ea es the Int. With your (other, th.hlt lied. I have n AMR; to do :
bet my meaty I wo dimermued to have : and il I don't beor, mew ng
the money, by return of pow, I shall lay the wh it before the
m re. It Is Pother too good, alter !riving I •nt iney (ire
year. ago,, without at the time the remotest eroince of ever being re.
gold, and wiush no one ere to the tows would have done but myself,
be be told that you are net da t never ailvainued you the money—
tautanoutint to soying I want to swindle you. 1 remember Charity
Whets tJM.I Whyte a MAW) rrtuoueg you even a napoleon.
Yours truly, thorium lorry'.
I Mg you will return me the mimed letrer.
On the Ilth of October the defendant wrote an answer,
saying :
I received your letter last nieht too late to answer, !low.
ever, I have little to say. I eon oa:y repeat that yin did not lend me
the money, and I JO alt Olean t I pay what 1 did not owe. I perfectly
nmareiber the night you MeMIMO-1 11,10.1 you home; you were to
grime that you could not take care of yourself. You mast bare hat
the mows to some one else.
The plaintiff subsequently wrote to the commanding
°thee, of the Mile Brigade repeating his claim, and com-
plaining of the defendant's conduct ; to which the defen-
dant replied be making a declaration before en magiitrate
that the plaintiff had never lent him anything. The
still persisting in Lin charge, the defendant went down
to Aber, etwith, where the plaintiff was then living, ac-
committed by a friend, Mr. Bower, and also by a Mr.
Shearman. Mr. Bower had two interviews with the plain-
tiff, first at the hotel and afterwards at the plaintiff's lodg-
huts, and endeavoured to induce hint to withdraw hie ra-
w:mous rrepe eting the loan; but the plaintiff declining to
the defendant proceeded to indict a somewhat severe
rThrashing on him with a stick.
Ms following witnesses were examined:
000,111 Gaidiner—l was present, at the plaintiff's

IL Dro-ge,Vivra
lloodron, •Mb•e\ brief brag, jumped off with
•
leaO4 which be ee hewed, thet be wee hoar lengths &-
bead ut the Iriee-Chasvellse, -
tkred ; but • very beset,'
Piet•.

ori worrrod to wiii r be
ti roma tor the woad

ISCOND T.

1 P
il:•t,TriblAll
A. Clutly, 14shad ........- 0
a %%lima*, lArrortb
It was • dashing startatairlaroad, WWI&
talli tantg endeavoured to wodolMIL weiaoss aver-
ts* Pocock, who pod Oho '2 foot
loostlia shod.
•

THE EXPRESS, FRIDAY ETENING, JULY 4, 1851.

request, at both the interviews with Mr. Bower. Mr
Bower at first said that Mr. Cornewall was On the Continent
with his mother, but afterwards admitted he was at Aberyst-
with. Mr. Bower risked the plaintiff to state the particular
circumstances under which the loan was made, and I re-
minded the plaintiff of what he had before toll me, that the
loan was made at two different times. Mr. Bower said that
was the first he had heard of that. Immediately after Mr.
Bower and Mr. Shearman had gone away, after the second I
interview, the defendant rushed in and struck the plaintiff
on the head and face with a stick repeatedly. He bled pro-
fusely, and was so disfigured as to be obliged to keep his
room for several days. The defendant is • powerful man.
Cross-examined—The plaintiff is • man of ordinary
build ; he is two stone lighter than the defendant. After I
the assault the defendant allowed me to lead him out of the I
room. I never saw the plaintiff play. The plaintiff did
not say anything about being " screwed " or drunk when
he lent the money. He said he had lent a sum of money in
francs out of a bag ; I cannot recollect the exact sum
named. He said he had lent two same, one in the evening,
the other the next morning—one amounting to 51. and the
other to 71.—but he could not say which sum was lent in
the evening and which in the morning; but he was sure
the total was 121. He did not say the defendant was a
schoolboy when he lent him the money. He said he was
under age. He did not say that he meant at the time to
make him a present of the money, but afterwards being
" hard up," thought he might us well have it. Nothing of
the sort was said. The plaintiff did any he war" flesh "
at the time he made the loan, but not that he wasn't sure
whether he was drunk or sober.
. _ .

Ik-examined—The statement as to being " fresh" re-
ferred only to the loan made in the evening. Three ar
four blows were struck. The plaintiff was sitting down by
the flee when the assault was made.

Mr. Elliot Bower—l had two interviews with the plain-
tiff at Abcrystwith about this affair. The plaintiff, in
answer to my inquiries, said at first that the money was
lent all at one time-300 francs, which he took oat of a hag.
Afterwards he said, "By the way, I think it was at two
separate times, but I was ' infernally screwed ' at the
time, and Ido not exactly recollect." lle could not say
what sum waslent at each time, but he said he knew the
total was 300 francs. lie said the defendant was a mere boy
at the time, and that he never meant to ask for the money
again, but afterwards being "hard up," he thought he might
as well have it. The plaintiff asked me where tho defen-
dant was, and I at first evaded the question, but immedi-
ately afterwards I told him frankly that he was at the hotel.
I asked the plaintiff whether he could say whether he lent
the money in live franc pieces, in gold, or in notes, and he
said he could not. Ile said that he was " infer-
nally screwed," and that he was " fresh " at both our inter-
view,. Finding that he would not retract his statements,
I and Mr. Shea--man, who accompanied me, went away,
and we told the result to the defendant, who was waiting
at the door of the plaintiff's lodgings, where the second in-
terview took place. The defendant immediately rushed up
stairs, and we followed him. I heard him say, " Loftus,
you are a scoundrel, and have endeavoured to blast my re-
putation—take that," and I heard the sound of blows.

Cross-examined—The defendant had previously consulted
with me as to the propriety of calling Out the plaintiff. I
discussed the matter with several officers of high position in
the army, and they advised, that owing to circumstances
affecting the plaintiff's character, the defendant ought not
to fight him. They advised that the deti•ndant should pur-
sue the course which he has pursued. At Aberystwith the
defendant bought a stick. It was a very small stick. I was
aware that it was the defendant's intention to act as he did
unless the charge was retracted.
Mr. Shearmun deposed that he was present at the second
interview between the plaintiff and Mr. Bower, and con.
firmed the evidence of the latter gentleman as to the state-
ment. and admissions made isy the plaintiff concerning the
circumstances under which the alleged loan was made.
Lord Campbell having briefly summed up, the jury
found a verdict for the plaintiff, with one farthing damages.
On the application of the plaintiff's counsel, his lordship
said he would certify that the came was a proper one to be
tried by a special jury, and by a superior court ; but he de-
clined to certify further that the assault was " wilful and
malicious " under Lord Denman's Act; the plaintiff conse-
quently cannot recover his costs from the defendant.

CONSISTORY COURT.—YESTERDAY.
Breast Ds. 1.1.4141N0T0N.
CLIFFORD F. CLIFFORD.
This was a cause of divorce instituted by Mr. Clifford
againot his wife, on the ground of adultery.
There was no defence.
The learned judge pronounced for the divorce.
WERSTKR r. WEDSTLR.
This was also a suit for divorce by reason of adultery,
promoted by the husband against the wife.
There being no opposition the facts were not gone into.
The learned judge pronounced a sentence.
HAMPDEN V. lIARPia:N.
This was a suit of divorce by reason of adultery, pro-
moted by Mrs. Ilarapden against her husband. The parties
were married in 1816, after which disagreements having
taken place they separated, but the wife subsequently re-
turned to cohabitation. The husband was charged with
committing adultery with a female servant, but this it was
admitted had been condoned by the return of the wife.
The Queen's Advocate contended there had been subse-
quent acts of adultery and cruelty, which, although not
originally pleaded, were sufficient to revive the former
adultery, and quoted the case of " D'Aguilar o. D'Aguilar."
Dr. Addams appeared on the same side.
There was no defence an the part of Mr. Ilampden.
The learned judge said that looking at all the circum-
stances of the case, he felt justified in pronouncing for the
divorce.

COURT OF BANKRUPTCY.—YF.srEaDAY.
13E/Okk Ma. COMMIMIONVI, Lone, AnIVE.
IN RE NIERIZTIVEATIIED.
This was an adjourned meeting for the last examination
in the case of V. illiam Stephens Mcrryweather, who had
been made bankrupt as a bricknaaker, of West Ham,
where his family had some landed property. The balances
sheet contained some considerable items. Owing to mem-
bers of his family, 14,4901.; to other creditors, 3,5141. ;
liabilities, 1,823/. The assets consisted of 62!. in good debts ;
the doubtful debts were put down at 1,7351.; losses, 1,5581.;
expenses, 13.6321. Mr. Cooke supported the bankrupt;
Mr. Stafford represented the assignees.
The bankrupt, in examination, stated that in February,
1849, he executed a deed of assignment in consideration of
7,400/. due to Montague Turner, Maria F. E. Mereweas
thee, and Maud Sarah Merryweather, of Woodcote Lodge,
Carshalton, Surrey, for monies theretofore advanced by
them to hint, of six leasehold houses at West Ham, also of
the live stock, furniture, and effects at Woodcote Lodge,
the estimated value of such security being 3,1001. They
consequently sustained a lots of 4,4001. Amongst his
liabilities was a sum of 1,82:11. to John Turner, cement ma-
nufacturer, of Bow, who commenced an action against him
for libel, and obtained a verdict for 1,0001. damages,
through some irregularity of his counsel, as the bankrupt
stated. The costs amounted to 8231.; for this sum he had
been detained in prison fur 22 months.
His Honour, after inquiring into the circumstances
under which the former meeting had been adjourned,
allowed the bankrupt to pass.
llamas Ma. Conaiwlo.ex EOM
EXTENSIVE FAILURE IN THE DRAPERY TRADE.
This was a meeting for the proof of debts and choice of
assignees, in the cast of John Hunt, who had carried on an
extensive retail drapery business in the Edgeware-road.
The court was miswded with creditors and others interested
in the ease. The total amount of the bankrupt's debts is
stated at 27,8731.—name1y, 19,6411. to trade creditors, and
8.2321. to cash creditors. 'De assets are estimated nt about'
18,000!. The assignees chosen were Mr. John Dillon, of
the firm of Morrison, Dillon, and Co.; and Mr. John Brad-
bury, of the firm of Bradbury, Greatorex, and Co., whole-
sale drapers.
Mr. lAwranee appeared for the bankrupt.
Messrs. Ashurat and Son, and Messrs. Hardwick and
Davidson, were appointed joint solicitors to the assignees.
Other creditors were represented by Mr. Turner, of the
firm of Sole and Turner.
The accounts are in course of preparation by Messrs.
Quitter, Ball, and Co., of Coleman-street.

LNSOLVENT DEBTORS' COURT.-TESTLEDAT.

Barons Ma.

IN T LIZ MATTiII -1.;/7

et.taits.
This insolvent, a clerk in the Privy Connell-eite, ap-
plied to be discharged from prison. It appeared that the
insolvent, and a fellow-clerk named Marks, had be.. con-
cerned in some bill transactions, which now appearedea the
schedule.
Air. Commissioner Phillips referred to the 'Weasel I.

the schedule, and said it would appear that he had been
swindled out of the billy The insolvent said ho gave them
to be discounted.

Marks, it was stated, was heard last Friday before the
Chief Commissioner, under the Protection Act, and made a

proposal to set aside '4Ol. a year for his creditors.
Mr. Commissioner Phillip+ asked him whether he was
still a clerk in the Privy Council-office. The insolvent said
he had lost his situation.

Phillips said no wonder he had loot his

situation, and he only hoped that a similar course would be
followed by all the offices. It was the most scandalous
thing in the world to see persons get into such situations at
1001. a year, and then mix themselves up in bill transac-
tions. If the creditor who bad given the insolvent notice
of opposition had appeared, he (the Commissioner) would
have sent him back for six months. The Privy Council
office would become a refuge for insolvents after the cases
heard. " I suppo,e," observed the learned Commissioner,
that you lust your situation in consequence of being in
prison .
I The insolvent assented, and it was said that he was not
able to procure bail when in prison.
Mr. Commissioner Phillips—lf the offices do their duty
they will make a clean sweep of such persons.
The insolvent was ordered to be discharged.