The Express.
London, England, 1851-04-11 00:00:00

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THE EXPRESS, FRIDAY ETENING, APRIL 11, 1851.

ILO) iintellteence.

INSOLVENT DEBTORS' COURT-YESTERDAY.
__ litres% Ma (01611111.1112,11{ ?MIS ups.

IN THE NDOIWOPEDITAUE BEULE-,01 LONG LETUP

BONMENT.
This insolvent had been three years in Whitecross-street
Prison. He was a baker, and made a bankrupt in 18411,
and Mr. Commissiener Evans had adjourned his examina-
tion sine die. There was some dispute about a lease, and
Vice-Chancellor Knight Bruce had decide.. against the

001111111161011er.
Mr. Commissioner Phillips expressed his surprise that he
had been so long in prison.
Mr. Cooke, who supported the insolvent, said he ought to
have applied before.
Mr. Commissioner Phillips asked whether he was to un-
derstand that application had been made to piss under the
bankruptcy. ?
Mr. Lewis (Lewis and Lewis) detailed the repeated ap-
plications made, and the declaration of the commissioner
that he should never pass.
Mr. Commissioner Phillips at once discharged the insol-
vent, remarking that three years was the utmost limit given
to this court fur thp gravest offence.
The insolvent wall accordingly discharged.
Arai I. 8.
Remelts. Commisommi Law.
IN sic Jolts Monty DoYLC.

This insolvent, lately part proprietor and editor of the
Weekly Chronicle mwspaper' was opposed by Mr. Sargood
for Messrs. Wrigley, Messrs. Stewart and Snow, Mr. 11. W.
Russell, and another creditor; Mr. Sturgeon appeared on
behalf of Mr. Norris; and Mr. Nichols supported.
The case has occupied the court during three days, and a
great quantity of evidence given, to report which in any de-
tail would demand a sacrifice of space which the importanco
of the question at issue does nut sanction.
The point upon which the opposition turned was a para-
graph in the insolvent's description, wherein a person
named Charles W hise Dillon w as stated to ben partner in the
Weekly Chronicle—a statement which was asserted to be
unfounded by Mr. R. W. Russell, the continuing partner
in the management of that concern.
It appeared that in July, 1849, the insolvent, together
with Mr. Russell and a Mr. Dunphy, entered into an
agreement for the purchase of the Weekly Chronicle for a
sum of 6.50/., which was to be paid 3001. in cash and the
remainder in three bills of exchange—two for 801. each, and
the third of 901., at 6, 12, and 16 months respectively. The
insolvent and Mr. Dunphy borrowed 300/. from Mr. Norris,
of itedford-raw, and Mr. Russell paid in 1501. as his quota
of the capital. The purchase money was paid, and the bills
given to Mr. Winter, the vendor of the paper, drawn by
Mr. Russell on and accepted by Mr. Edward Russell, of
Dublin, the brother of Mr. Robert Waller Russell, and en-
dorsed by each of the then partners. Mr. Dunphy remained
in the firm until November, 1849, when he retied, leaving
his proportion of capital in the concern, and from that time
Messrs. Doyle and Robert Russell were registered at So-
merset-house as the sole proprietors, and during a portion
of the time Mr. C. W. Dillon was registered us the pub-
iaher. The insolvent stated that he looked upon Mr. Dillon
n the light of a partner from the very commencement, his
admission into the firm being assented to by Messrs. Dun-
phy and Robert Russell the very day after the completion
of the purchase of the paper.
Mr. Dillon was examined, and gave evidence in corrobo-
,

-
ration of the insolvent's statement.
Mr. It. W. Russell, however, repudiated Mr. Dillon as
partner, alleging that it was contemplated he should become
so on certain conditions, which were never fulfilled. Mr.
Dillon had been RAC a bankrupt in 1848, and had not pro-
cured his certificate, but espected to obtain a release from
his creditors, and im avoidance of the bankruptcy, upon
which being done he was to be admitted into the firm, Mr.
Russell agreeing to advance him 2601. to enable him to put
in his share of the capital. The bankruptcy had nut been
superseded, and the advance had not been made.
Mr. Dunphy woo called, and he denied that during his
continuance in the firm he had ever consilered Dillon as a
partner, nor had he understood that upon his milieu:Lent
Dillon was to step into his place.
With respect to the three bills given to Mr. Winter, one
801. was paad by the firm, another 801. was paid by Mr.
Edward Russell, who now held a bill for 801. 151. Id.,
given in substitution by Mr. It. W. Russell " for self and
partner," and the 901. was still unpaid. Mr. Edward Rus-
sell had also accepted a bill for 1001. drawn upon him by
his brother in the name of the firm, which he had taken
up, and upon which, together with the 80/. 15s Id. hill, ho
had tried to make Mr. Doyle a bankrupt, but had
The insolvent stated that the original understanding upon
the two bills for 801. and the one for 901. was that the firm
was to pay them if possible, but if not, Mr. Robert Russell
would meet them from funds which his brother held of his.
With respect to the 1001. acceptance of Mr Edward Rus-
sell, the insolvent denied that he ever knew of the bill
being drawn in the name of the firm until it was presented
for payment, and asserted that it was a private bill of Mr.
Robert Russell's, to be met by Mr. E. Russell out of the
funds in his hands.

Mr. lt. W. Russell denied both these statements, and
said that his brother's acceptances to the bills were but
acts for the convenience of the firm, and that the 1001. hill
had lain accepted in blank fur the purpose of making au
advance to Mr. Dillon, in pursuance of the arrangement,
if he was released from his bankruptcy, but that arrange-
ment nit being carried out, it was handed to a creditor of
the firm, who was pressing for payment at the moment.
The case had lasted until hall-past 5 to-day, when, upon
some conference between the parties,
Mr. Sorg ad stated that he was willing then to take the
opinion of the court upon the question of the partnership.
Mr Nichols said if the court thought the insolvent ought
to alter the description, he should advise him to do so.
Mr. Comn l issioner Law said the inclination of his mind at
that moment was that Mr. Dillon was not a partner, but the
parties could go on if they liked.
The insolvent observed that he hadalways considered Mr.
Dillon tube a partner.
Mr Commissioner Law remarked that a great deal de- •
pended upon the 100/. and the SOL hills accepted by Mr. E.
Russell, and his opinion at present was that they were not
drawn on the private account of Mr. R. W. Russell.
After a consultation the insolvent consented to amend
his schedule, so fir as related to the assertion that Mr.
Dillon was a partner ; and also in reference to Mr. E. Rus-
sell's debt, in conformity with the Coininisaioner's opinion,
that it was a partnership and not a private debt. The in-
solvent is to advertise his amended schedule before being

discharged.
Mr. burgood stated that the creditors would be paid in
full by Mr. Russell, who reoudised in the niauagemeut of
the Weekly Claronick.

doubt appeared to exist both with regard to the fact of the
child being born alive. and also whether, supposing the
unfortunate infant had been brought into the world alive,
the death had not arisen from neglect of the proper pre-
eaUtionit at the time of the delivery, rather than from the
ean•e assigned in the indictment.
Mr. Ballantine addre,...ed the jury for the defence, and
he brought all the favourable points in the Vibe to their
consideration with his usual abilitT.
The jury returned a verdict of Atit 'scary.

WA;TiFEL EIPINDITVIIIt OF THI COI NTT RATER.
In one of the EMI eases disposed of by Mr. Justice
Maule two policemen had been bound over as witnesses,
who upon being placed in the witness-boa appeared to
know nothing whatever of the transaction, and there did
not seem to be the slightest assignable reason why they
should have been hound over.
Mr. Justice Maule remarked that the attendance of these
policemen was perfectly useless, and he added, that the
sending of so many constables to the sessions as witnesses
unnecessarily accounted fur the public being never able to
find a policeman when he was wanted. (A laugh.)
STREIT ROBBERY.
Robert Wilson, 19 was indicted fur a robbery with vio-
lence upon Charles Tester.
It appeared that the prosecutor was on his way home on
the evening of the '2oth March, passing along Castle-street,
Leicester-square, when the prisoner suddenly rushed upon
him, struck him a violent blow on the chin, which knocked
him down, and at the same instant snatched his watch
from his pocket, and ran off. The prosecutor, upon re-
covering himself, went in pursuit of the prisoner, and never
lost sight of him until he was stopped at a short distance
from the spot where the robbery was committed; but it
appeared that he had contrived to hand the watch over to
a confederate during his flight, as it was not found upon
him when he was taken.
The jury returned a verdict of Guilty, and the prisoner
was sentenced to be transported for seven years.

THE POLICE CO URTS.
CLERK ENW ELL.
George Downing, a respectably-dressed man, about 45
years of age, with determined cast of countenance,
wearing silver spectacles and a suit of mourning, was
charged by William Harris, 112 N, with assaulting him in
the execution of his duty.
The prisoner was recognised as having been repeatedly
fined for annoying the officer Harris. He invariably gas,
his name and address, " Mr. George Downing, gentleman,
of Clarendon-square, Somerstown," but on the present oc-
casion he merely gave the name " George Downing," and
refused to give his address.
llarris said that ut half-past 12 o'clock on Wednesday
night he was on duty near King's-cross, New- road, St.
Pancras, when the prisoner came behind him, took hold of
his arm, and turned him violently round, and said, " You are
here, are you, you perjured villain," at the same time he
struck him on the breast with his clenched fist. Witness
told him to go on, he wanted nothing to say to 11411. Seve-
ral persons were present, who advised bins to desist from
such improper conduct, and to go away, which he refused
to do, but sat himself down on the foot-pavement, and said
he would sit there until he (witness) took bins into custody.
lie was very drunk, lie left him sitting on the pavement,
and walked as far as North-street, about WO yards distant.
The prisoner followed, and coming in front uf him he spat
in his face at least 21) times, and dared him to take him to
the station-house, again calling him arjured scoundrel."
pe
Witness then took him into custody. Ile had had prisoner
in custody sir or seven times. The first charge made here
against hint was that of indecent exposure. He was then
given into the custody of witness.
Mr. Mould (to the prisoner.)—llavc you got any home.
I see you refused your address at the station-house.
Priwnser (contemptuously).—l did so because Mr.
Comhe's lickspittles should out go to my house.
Mr. Combe here said that he wished to see the superin-
tendent or some superior officer of the N division. He
would not deal summarily with this case, but send it to be
tried by &jury.
Prisoner.—That will be the best plan. I can have no
expectation of justice from you.
Mr. Combe.—What are you ?
Prisoner.-1 will out tell.
Mr. Combe.—Are you in any business ?
Prisoner.-1 shall not answer any of your questions (ac-
cept 1 am allowed to answer them in my own way.
Mr. Combo said he should remand the CAW for the attend-
ance of the superintendent of the N division, and a neces-
sary witness, not in attendance, until Tuesday next. There
were peculiar features about the case which rendered it
necessary that the commissioners should prosecute the pri-
soner at the sessions. There seemed to be a revengeful
feeling on the part of the prisoner towards the officer Ilarris,
whom it was requisite to protect if he sus in the right. He
then remanded the prisoner, saying he would accept bail,
himself in the sum of 1001., and two sureties in .50/. each
for his appearance next Tuesday. He was locked up.
The prisoner is respectably connected. When he was first
brought before Mr. Combe he was sentenced to two months'
impnsonment, but some mistake having been made in in-
quiries by Harris, the Secretary of State, on application
and investigation, liberated him. The prisoner ever since
has entertained a most malignant feeling of revenge towards
Harris, Mr. Cumbe, and Mr. Mould, the clerk.

DAILY WEATHER TABLE.

FRIDAY, APRIL 11, 18. M.
The State of the Weather at each of the following lances at
Nine o'clock ye,terday morning. The stations are
arranged in order of :►titude.

atom of
Wind.

Nun drama
KtposTow• (Maus) W.N.W..
N.
N.W.
N.
'Arras N.
roimarata --. N.
N.
GREEN WICII ..... N.
Ow.ctiaxruL
,:missuima
AI.MOUTII N W.
CONWAT
N. HAMMY
WurriT N.
liwaTruCY N.W.
Beim= .........

Ocreorla
WU*.

State of Wrath[.

Gentle Beene
/yens

.G;;;I:!, Brae•e

*rang &woe
Gentle Went

Gen le owes
Gentle Breese
Ciente Berm
Gentle Breen
Gentle Freese
Gentle Breese
Gentle Breese
Etrontr veeu

iieiii;

Pat▪
tily Clad)
P c.4.Litr
Porto.lly eliudy
Parodic Cloudy
Caudle.*
Overeat
Partially rowdy
Partially Costly
OWeTC+O4
~ )rattan
Overcoat
Mutilate
Cloudless
Partially Coady
Partially Gaudy
Cloudier
avidtem

THIS DAY, Nowt.
Ooone of Wlid. Strearth or MM. State of the t% eAther.
Gentle Breese. arty.