The Express.
London, England, 1862-12-11 00:00:00

THE EXPREgS, THURSDAY EVENING, DECEMBER 11, 1862.

Vito inttilistncc.

COURT OF QUEEN'S BENCH.—DEe. 10.
SECOND COURT.

Sittinp at Nisi Prins after Term M GuildhalL—(Before
Ir. Justice Crompton and a Common Jury.)
LOFT V. BOWL&

was an interpleader issue to try the plaintiff's right,
u against the defendant, to certain goods mused in execution
on the premises, 101, Great Russell street, Bloomsbury.
Mr. Huildlestm, Q.C., and Mr. H. Clarke were counsel
for the plaintiff; Mr. Serjeant Ballantine and Mr. J.
Simon were counsel for the defendant.
. .

The defendant, Mn. Horner, is a widow lady, and a teacher
of dancing, and the plaintiff is a pianoforte maker at 103,
Great Russell•etreet, Bloomsbury-square. The defendant
was the execution creditor of the plaintiff's father, and the
question was whether the goods belonged to the son or the
father. The plaintiff alleged that the partnership that
existed at one time between him and his father was dis-
solved in February, 1800.
Before the jury retuned their verdict a compromise was
entered into, whereby the defendant accepted 3001. A juror
was then withdrawn.

COURT OF COMMON PLEAS.—DEc. 10.

Sittings at Nisi Prius in London.—(Before Lord Chief Justice
Erie rod • Special Jury.)

The court was occupied all day in trying two cross actions,
in which the principal question involved seemed to be the
quality of some oxalic acid ; the details were of course not
interesting to the public.

SECOND COURT.
Sittings at Niai Prins in Loudon.— (Before Mr. Justice
Willes and a Common Jury.)
MAYNI V. II tiVIII.—ItWEN V. MAINE.

Them were cram actions between the same parties, and they
arose out of the following circumstances :—Mr. Mayne was
formerly a clerk in the National Provincial Bank of Eng-
land at Exeter, in which city be was acquainted with Mr.
M'Ewen. They met by accident in Loudon. Mr. Mayne
mid he was trying to get a situation in a bank, and Mr.
M'Ewen said be could get him a plem in the Union Bank of
Ireland (Limited), a concern which was then about being
started. The salary mentioned was 300 f. a year, and Mr.
Marne prepared some model books and dial some other
work, but he failed to be appointed to the situation. He
now claimed to recover half a year's salary ; and the action
by Mr. M'Ewen against him was for 2.51. money lent. It
was admitted that the money had been lent., but upon this
condition, that it was to be repaid out of the first quarter's
salary.
Mr. Rodeos and Mr. Houma° were the counsel engaged.
His lordship, after hearing some evidence, said all that
Mr. M'Ewen had done was to promise to do his best to ob-
tain the situation for Mr. Mayne, and having failed, he
was not liable to a proceeding of this kind.
A juryman mentioned that Mr. Mayne had actually done
I some work. .

His lordship said that if anybody was liable to pay him
for that, it was the bank, and not Mr. M'Ewen.
Ultimately it was agreed that both actions should be
disposed of by a juror being withdrawn.

COURT OF EXCHEQUER.—DEC. 10.
Sittinp at Nia Prime after Term t Guildhall.—(Before
Lord Chief Baron Pollock and a Special Jury.)
ACCEPTS V. STON/L—FALSZ LIIPRISONIMIT.

This was an action for film imprisonment. The defendant
pleaded a justificatioe.
Mr. Joyce and Mr. Kemp were counsel for the plaintiff ;
and Mr. Raymond for the defendant.
The plaintiff was a young woman, aged 22, the daughter
of a publican in Clerkenwell, and the defendant was repre-
sented use coal and corn merchant at Taunton. On the
19th of August last the plaintiff, with the consent of her
father, went with a young man named Doufbty to the
Forester!? Fi.te at the Crystal Palace. Finding in the even.
ing that the railway station was greatly crowded, they went I
to the Anerley Arms station, with the view of getting back
to town earlier, but here also a large crowd Lad assembled,
and they walked into the Anerley gardens, where they re-
mained until about 11 o'clock. They then returned to the
station, and while waiting in the crowd the defendant got
into conversation with Doughty, sod complained of the de-
lay in running the trains. The defendant, who was accom-
panied by his wife and daughter, suddenly discovered that
his gold watch had been taken out of his waistcoat pocket,
and he accused the plaintiff and Doughty of stealing it, and
said he had felt the plaintiff's haul io his coat pocket. They
were taken to the hotel and both given into custody
for the robbery. The policeman marched them off to
the station at Norwood, two miles distant, and locked them
up all night. Next morning they had to walk to Lambeth
police court, in company with seminal other prisoners, and
the magistrate, after heal:ns the evidence, remanded them
for a week. At the expiration of that time, during which
they had been confined in Horeemonger-lane gaol, they were
brought up sgain and dismissed. Under these circum-
stances the plaintiff brought this action in order to vindicate
her character. .

Ellen Iticketts, the plaintiff, a respectable looking young'
woman, was examined in proof °fah° above facts. She
said she at once gave her address to the defendant, and
wished to be searched ;" the hotel, but the policeman said
that could only be done at the station. She was prevea.el
giving bail, and was in prison a week. The amount charged
by her attorney for his services on the occasion was 4/. Rh.
I She positively denied having put bet hand in the defen-
dant's pocket.
Cross-examined--Neither my friend nor myself pushed
against the defendant in the crowd. The defendant did not
take hold of my hand while it was in his pocket and pull it
out. After he said be lost his watch I saw his chain hang-
ing down without a watch at the end of it.
Re-examined—At the police station the defendant said he
felt my hand in his pocket, but he did not say he caught
it there. _ .

J. Dougbty, a brass-finisher, aged 24, and a widower,
corroborated the plaintiff's evidence. He said he was •
member of the ancient order of Foresters, and had the per-
mission of the plaintiff's father to take her to the fete,
which was attended by 83,.000 people. He said he tried to
give bail, but another magistrate was sitting when his soli-
citor attended the court, and be refused to interfere ;n a
case which had come before his brother magistrate.
Upon cross-examination he admitted that as they were
walking to the station be said to the defendant, "I have
not got your watch, but I think I know who haa." He,
however, explained that he saw a man in the crowd close to
the defendant, who deliberately turned round and walked
away, and he told the defendant that he thought that was
the person who took his watch.
The solicitor for the plaintiff said that Mr. Elliott eat at
Lambeth police court on the first three days of the week,
and Mr. Norton on the other three days. He applied to
Mr. Norton to take bail for the plaintiff ; but he-declined
to entertain the application am be had not heard the case,
and as Mr. Elliott did not sit till the following Monday,
when the remand expired, he took no further steps in the
matter. . . .

The Lord Chief Baron said he thought that was • very
bad arrangement. It was the usual etiquette among the
judges not to bear each other's summonses. but the humblest
person in the realm could apply to any judge to be liberated
on hail, that being a matter concerning the liberty of the
subject. It was very much to be lamented that bail could
not have been taken in this case.
. . . .

The witness said that when he made the application he
was prepared to offer the father of the plaintiff and several
other pences as bail.
Thin being the case for the plaintiff,
Mr. Raymond addressed the jury for the defence. He
said the defendant did not accuse the plaintiff of stealing the
watch, and the only question for the jury to consider was,
whether he had a fair ground to suspect, and bock fide be-
lieved at the time be gave her into custody that she bad
been a party to the robbery.
Mr. Stone, the defendant, who was very deaf, said the
young man Doughty, whom he bad seen heroes, was
in front of him in the crowd, and pressing very bard apinst
him, so as to attract his attention to his movements. He felt
something in the side pocket of his coat, and put in his hand,
when he found the hand of the plaintiff. He said, " What are
you about ?" She replied, "I beg your pardon,, I was taking
some sweetatuff out of my own pocket • but he held her
hand notil his daughter came up. Immediately afterwards
he missed his watch, and suspected Doughty, as he had
seen it sate in his pocket only two minutes before. On
going to the station Doughty said, " I have not got your
watch, but I know who has."
On cross-examination he said if the plaintiff and Doughty
had been searched at the hotel and the watch bad not
been found upon them, he would not have given than into
custody.
Miss Stone, the defendant's daughter, a young lady,
who also suffered under the infirmity of deafness, said the
saw her father take the plaintiff's hand out of his pocket.
The Lord Chief Baron, in summing up, said the jury
would have to consider whether the defendant had good and
sufficient reason for believing, and did believe, and honestly
made the charge that Doughty picked his pocket, and that
the female 'misted in the operation. He said that if they
found for the plaietiff, it did not necessarily follow that the
defendant and his daughter bad committed perjury, as it
was just one of those cans in which mistakes on one side or
the other might naturally be made as to what exactly took
place.
The jury, after a few minutes' deliberation, gave a verdict
for the plaintiff—damages, 231.
The foreman said the jury wished to express their opinion
that the practice at the Lambeth police-court as to taking
bail was excessively inconvenient.
The Lord Chief Baron said be had already made some
strong remarks on the subject. It was very much to be
lamented that a person like the plaintiff, charged with an
offence of this kind, should be remanded a whole week
I without having an opportunity of being releasedon bail.

The case at fast right appeared to differ favourably from
the majority of the came now coming before the court,
for there was something to divide amongst the creditors ;
the debts were 1,7001., and there was 5001. or 600 f.
in hand. But it turned out oe inquiry that
this man had done what Mr. Bargood aptly de- ,
scribed as " rubbing Peter to pay Ault' for at •
time when be must have known himself to be hopelessly
insolvent, and when he had tot the most distant prospect of
being able to pay • farthing for them, he had bought • large
quantity of goods, and consigned them to hie eon in Aua-
untie. lie had not, however, resorted to the practice, now
so common, of obtaining advances on the bills of lading, to
about two-thirds of the value, leaving those who were unwise
enough to truathim wholly unpaid ; but had handed overtlie
bills of lading to his creditors, whom he called together
shortly afterwards. The result was a great hardship to
those creditors who had supplied the goods, for instead of I
getting pay for them, they could only share with the
general creditors in the proceeds. Thu conduct was so
much like fraud that under the old act the court would have
felt compelled to say that the goods bad been obtained by
fraud ; but the act of 1861 did not mention fraud, or the
fraudulent contraction of debts, and the court was confined
to the consideration of one point—whether the bankrupt
had contractcd any of his debts without reasonable or pro-
bable ground of expedition of being able to defray them.
Though there was the strongest possible suspicion that this
mu meant to cheat his creditors, the court had no power to
punish him for it. It was clear that be bad no reasonable
expectation of being able to pay for the goods when he
ordered them ; the dates showed that ; for he
called his creditors together almost immediately
after the consignments were made. He alleged that he
was expecting • remittance of 400/. from his son ; but
there was no ground for that. As the bankrupt had tot
been here before he would have protection from arrest,
though that was not material, u all the creditors had
proved their debts, thinking very naturally that 3s. 6d. in
the pound on their debta was better than having their
debtor in gaol. On the ground that the bankrupt bad con-
tracted debts without probable means of payment, the
order of discharge would be suspended for six month' from
that date.

IN HZ ALLIN.—CHARGES AGAINST AN ACCTIONTER.
The banlaupt was an auctioneer, of Seymourutreet, Etta-
towsquare. Debts, 116/.
Mr. Denny supported.
A crcditor opposed on the ground that the bankrupt
bad received 101. on his account as deposit for the purchase-
money of 'a beer-house, which the creditor was seeking to
dispose of. The bankrupt was rued in the county court,
and on the verdict going against him, had come to the
court.
Ant
kept'
had!

Another creditor complained that the bankrupt bad
pt back part of the purchase-mooey of •cigar chop. He
admitted the debt in the county court, and had promised

ivment.

Wiilloi;our said that these cases might be breaches of
trust, and might be punishable elsewhere, but they were
not offences within the act of 1861.
Order granted.

could not keep the prisoner, and he broke away, saying, 1
" That's well ; now I'll jump overboard." Poisoner again
went into the saloon, and I went out upon the deck, cod
saw • dagger near the forecastle door, lying in blood. I I
picked itup, took it into the forecastle, and put it in my cheat,
and afterwards threw it overboard, as my shipmates said
the prisoner would come back and ask for it. Prisoner came
out of the saloon, saying, " Get out of my road. or I'll kill
you all." I and a passenger hid ourselves under • boat.
We could see into the forecastle, when the prisoner went
with the augur in one hand and • pistol in the other,
Prisoner pushed the augur in and out of the mate's
bowel's, as he was lying on the floor. He
then said, " Here, boys, heave the mate overboard •
heave all dead people overboard." Two men then took
the body and threw it into the sea. Prisoner asked me
and the other man if we were his countrymen, and we
I said " Yea," because we were afraid. He said to us, "Go
aft to the cabin take the captain, and heave him over-
board." The oiler non looked at the prisoner, when be
said (pulling out a pistol and showing it) " If you don't
want it, go aft and throw the captain overboard." I and
other men went into the cabin, where the captain was
lying dead on the floor, in front of the sofa, covered with
blood. We threw him over. I did not see his wound,
but his head was covered with blood. Prisoner then weut
with us and said, "Take the mistress sod heave her over-
board." I said, "She is not dead yet, and we can't heave
live people overboard," and be then said, " Let her be
where she is." He then got on the boat swearing. with the
thaugur in his hand. I went into the forecastle and saw
mistress. She asked me to carry her aft, and, with the
consent of the prisoner, I and another man took her and
laid her on the sofa in the cabin ; her night dress was
covered with blood. I said, " Give here blanket and pillow,"
and he went and got a blanket from her own bunker and
threw it over her. I asked him to get her a pillow ;
but be said, "No, that's good enough for her," and be then
locked her door, and put the key in his pocket. The woman
showed the wound in her stomach, and asked the prisoner
for some medicine for it. He said, " That's nothing ; never
mind that." He then went and got the medicine chest and
put something to his hand, which had been hurt through has
having too much powder in the pistol. He then put the
chest back again without giving the woman anything from
it. He then went sad ordered breakfast. They all had
breakfast at eight o'clock, and it was about ten o'clock when
they took the prisoner and lashed him. Before the captain's
wife died she told me that she heard the carpenter kill her
husband as be was lying on the sofa, and she asked me to
read the Bible to her, but I could not, nor could anybody on
' board. She died about five o'clock the same day. I talked
with the prisoner after be was secured, and asked him if he
was son y for what he had done. He replied, " You've no
heart ; when • man's dead he is dead, and that's nothing."
' I asked him how he killed the captain, and he said', he didn't
know, and that he bad given him • kick. I went and
fetched the axe and ehowed it to him, and asked if he did it
with that, and be said he didn't know. He said, " When
you go on shore, don't talk about it." I again eked him
l why he did it, and be then said, " What did they give me
farina for r . _ .

.
After the completion of the evidence by the other 'Wort.
all agreeing in the detail; the following extraordinary
statement made by the prisoner, and taken down, was read
to the jury :
"The first time I came on board at Monte Video I was
good friends with the captain and everybody on board.
When I arrived at Paraguay I hurt myself, and was ill five
or 'ix days on board, and nine (Ptys in the hospital on shore.
During the time I was ill on board all the people laughed at
me, and said it was only because I would not work. and I
asked the captain to let me go into the hospital, which be
did. After I came out of hospital a bill was sent in for 30
dollars, which the captain paid, and after that he always
vexed me, and did not like me any more after I left Para-
guay for San Francisco. The first day we arrived at San
sociaco the captain went on shore with his wife and four
sailors, and when they returned in the evening the captain
had some quarrel with his wire, and I eaw him strike her in
the face. Yi7 hen I saw ibis I was in my cabin, and I laughed.
In consequence of my laughing the woman was cross
with me every day afterwerds. The second day
the captain and four sailors, went on shore, leaving me,
the mate, and the wife on board. That morning I had been
at work outside the ship, and I went into the saloon for a
tool which I wanted. As I came out I saw the mate
come from the captain's cabin all in • perspiration,
and his trousers were unbuttoned. The mate said,
" What do you come here for, to look after me r I
raid, " No. He said, " Don't be frightened ; before we
arrive at Monte Video you 'hall pay for this." We stopped
at San Francisco seven or eight days, and I was always at
work in the rain mending the small boat. We had some
spirits on board, and the mate gave some of it to everybc ly
but me. He said, " I give it to the sailors to drink, but
not to you, because you are too lazy." He ordered me
about like a slave. The captain and his wife behaved to
me the same way ; she did all she could to moo tify me at
dinner. They gave me farina to eat because they knew I
did not like it, and to make me cross. Five or six days
otter I spoke to the captain about it, and said, " Why do
you treat me in this way ?" arid he said, " I think I treat
you very well, because all the time you have been on board
you have done uothing." I told him when I !got to Monte
Video, I should tell all to the consul ; and about the captain
and his wife and the mate he should put something in the
newspapers. The others were then present, and the captain
said. "Never you mind, before you arrive at Monte Video
I will make you see the consul, vice consul, and general
consul altogether." I then went to my cabin and pretended
to sleep, and heard the captain and his wife talking. They
said, "That savage man,is gone to sleep." The captain said,
" He wants to give the ship • bad name ; we had better tie
his hands and throw him overboard." The mate said, "It's
no use to tie his hands ; I have thrown six men stronger
than him overboard, sod I suppose I can do the same for
him; when he's sound asleep I will throw him overboard."
The captain said, " W hen the proper time comes I will let
von know." After this I wee afraid, and loaded my pistol.
The third night after, the mate and captain came to my
cabin. The captain put his hand on my throat, and the
mate Ind • cord to tie my hands. They pulled mo out of
my berth, and the captain tied a woollen scarf round my
mouth and dragged me near the sofa. When the mate
found he could not tie me, he struck me in the eye, and
knocked me down on the sofa. The mate tried to put irons on
me, and I hit him in the face. The captain seized me to
throw me overboard, and I was cross. I alw the hatchet,
and took it and struck him with it across the face. The
mate ran away, and the captain put up his hands and said,
" Ob, my God, lam dying," and fell down on the sofa. I
got a pistol and went after the mate. I sew him coming
with • piece of iron in his hand. I firer' and missed, and he
ran away again. I went after him to the forecastle, and
seeing something white, thought it was him, and struck
with a knife, but it was the captain's wife. The mate then
came on me with the iron, when I in self-defence struck him
with the knife. Afterwards I asked the people if they were
my friends, and they said they were. They became afraid
of me, and I then said, " Well, if you like you may tie me
and keep me until we get so Monte Video, when you can let
me go." They did so, and put me down below.
Mr. Bowen, in his speech for the defence, argued on the
' truth of the prisoner's story, that because he bad witnessed
the impropriety between the captain's wife and the mate,
he was treated with harshness and violence. When at-
' tacked and in fear of his life, he alayed the captain to save
himself, and in terror of the mate also wounded him. The
' counsel also argued on the iosufficiency of the evidence to
' prove the nationality of the ship.
The Judge having summed up, the jury retired to con-
' eider their verdict and were absent a quarter of as hour,
, when they returned with a verdict of Guilty.
The prisoner was called upon in the lintel way, but made
, no remark, and the judge then paned sentence of death in
r the usual form. The trial occupied six hours and a half.

THE POLICE COURTS.

MANSION:HOITE.

James Crowther and Samuel Ooodburn, who stand re-
manded upon • charge of conspiring together and obtaining by
means of false pretences various sums of money, totbe amount
of between 6,000!. and 7,C00K., belonging to their employers.
Messrs. Laing and Merridew, colonial brokers, Mincing-
lane, City, appeared yesterday before the Lord Mayor, an
answer to their recognizance% to undergo& further examina-
tion upon that charge.
Mr. Woutner again appeared to conduct the prosecution,
and Mr. Sleigh, banister, instructed' by Mews. Hillyer and
Fenwick, appeared for the defendant Crowther • and Mr.
George Lewis appeared for the defendant Ooodburn.
The whole of the evidence adduced on the previous exami.
nations las already been given in detail, and yesterday the
cross-examination of the witness Barber occujied a con-
siderable time, and Mr. Barber was re-examined by Mr.
Wontner. Other witnesses were examined, and the
evidence adduced wan very complkated, and totally void of
interest. The additional fact, however, which the
evidence tended to show, that in July, 1861, when there
was • fire at Cotton's Wharf, there was a considerable quan-
tity of saltpetre at that wharf belonging to
the witness Barber, and upon which Messrs. Laing
had made advances, which was destroyed. Mr. Barber
had the advantage of Messrs. Laing's floating insurance
against fire, and the claim for the loss sustained was sent in
to the Boyal Exchange lasuniace Company, with whom ths
policy was effected, and the company paid 1501. 111.11001111 of
what ought really to have been paid for the loss. It ap-
=by Barber's evidence that this 1101. was carried to
edit, and the defendant Crowther suggested that he
should pay it to them, the driendants, in equal portions,
which he did. The evidence adduced went to show
that the prisoners stole two warrants for saltpetre to cover
that amount, and handed them to Barber.
The examination muted nearly five hours, and the ease
WWI again remanded, the defendants being spun admitted
to bail, as before.
101. was received from the Skinned Company for the
poor-box.

BOW.STBEET.
It will be remembered that Mr. Francis Bartlett Graham,
an alleged lunatic, who stood eharged with stab=
policoman at the Lyceum Theatre, bad been twice re
on that charge, soil should have been brought before the
magistrate for farther examination yesterday. In the early
part of the day it wan intimated to the sitting magistrate
Mr. Henry) that it would be impossible for the wounded
constable to attend in order to give evidence. as be was in a
very bed state of health and ucable to leave the hospital.
Bome feeling at surprise was excited by the fact that op to
the boor at which the easmiastaon had beet ma.
pointed to be heard the prisms: had not bona
seat to the sown, from the ROOM of Deleotioa.
It become Lohemmer. slot Citeimedidesie

bad received a communication from the governor of that
establishment Shortly after the appointed hour Mr.
Macrae, the banister, waited on Mr. Henry and elated that,
acting upon the instructions of Mr. LewiA. solicitor, he had
made certain representations to the Home Secretary, which
representations were supported by evidence satisfactory to
the mind of the right hoe. barman. It appeared that Mr.
Graham was in an unsound state of mind, and that he was
getting worm in prison. On this representation the pri-
soner had been rem3yed to Hanwell. He (Mr. Macrae) had
thought that it was due to the magistrate in courtesy to
sperm him of these (arta. Mr. Henry was quite satisfied.
He had learned as much from the governor of the House of
Detention. Mr. Macrae said nobody regretted this occur-
rence more than the friends of the lunatic, who would take
are, whatever might be the result, to compensate the
unfortunate officer for his injuries, as far as that was pos-
sible.