The Express.
London, England, 1865-02-01 00:00:00

IN BZ ILIZNI.-CASI Or "DTIIWINKIN.'

The bankrupt, B. W. Keene, betier k;iowit tuner his
theatrical oogoomea of " Dykwynkye," now so proceineet
in the bills of Drury Los, warn described as an artist, of
Clapham. This was the sitting for examinatice and dia.
sharp. Deli* 5221. ; se assets.
Mr. Sykes, for the of cisl amlypera, stated that at the last
sitting the bankrupt wu ordered to ale as mount of hie
Calais, which he had dom. He attributed his bankruptcy
te daa new, also to his having failed is an antics which
woo brought apinet him for the maintenance of his wife,
el whom be alleged he had not hunt for *aviation years.
Mr. Home opposed for the plaintiff in the Man. The
action was brought in July, 18tH, and just before the trial
the bankrupt emscuted a bill of stile to his niece, Mies Bar-
low, for a debt of 1401. incurred 20 years before. The
action, which was for ;41., mia referred to Mr. Archbold,
who awarded that the SW. wee dim sod that the bankrupt
should pay 31. a month ter the support of his wife in Nam.
The costs were 1911., the bankrupt hating pat the plaintiff
to the utmost posable aspen... He bad resieted the claim
met obstinately, sad had at on. time mat his wife to the
workhouse, though she bad brought him a larp lam of
money. He was at the head of his protein's as a theatrical
artist, and had retained his annual income at 1201.
Mr. Joyes, for the bankrupt, submitted that the datum
was not vexationaon acooust of the conduct of the wife,who
had left the bankrupt by her own Gooses&
The bankrupt, examined, depend that his wife Taft him
is 1844, of her own accord and against his will. She Gloated
the house of furniture, and took a house at Hera* NI. He
Ward of her about two years alter. On one one she
got into his house, and cleared it of hie papers and milu.
alga. From ISSI he laud nothing of her till the action
was brought in 1862. He took masers opinion before de-
fending the action, and entreated the maser to his attorney.
He fully believed that he had a good defence, for be bad
given his wife notice that if she left she should Dever return
wen. Before the bill of ale wee glees to Miss Barlow she
had asked for security. He had no stated engagement at
Drury-leas Theatre. limn Fslooner and Chattertee bad
lent him 301. to enable him to come to this court, sod be
had aim bean paid 201. for what
was he had dem.
im The largest
amount he had mused in a year 1601. Health was
now very bad. There were may modellers now ih n
Leedom,
some settles only ss. • day.
His Honour rosirved his jedemsat.

CENTRAL CRIMINAL COURT.

(Before the Reorder.)
THIL ALLIGID MIN BANK FRAUD&
The grand jury returned true bills against Mr. Terry, the
junior meager of the Unity Bask, upon the whole diary
preferred against him, and spinet Kr. -Burch, the secretary,
true bills were found upon the last four counts of the in-
distment only.
It has already here stated that the trial stands postponed
to the April smoke of this court.
William Frederick de Poideria,3B,a respectable looking
man, described as as ages; wee charged with feloniously
senbeedieg the several saws of 261., 141., 91 95., and
17!. Ifs. Ild., the proporty of his employers, Mews. White
arid Co.
Mr. Metcalfe prosecuted, and the prisoner was defended
by Mr. Gent.
This ease occupied the court • considerable time, but the
fact.; were is • marrow complus. The prosecutors are
Memo. White and Johnsen, she carry on an extensive
business as electro-platen, at Sheffield, and it appeared h
at
in May, 1863, the prisooer, who bed previously- beet is the
service of Mews. Map& Heathers, was engaged by them
as their agent in London, and offices were taken for him in
Loodoe-wall, sad he was entrusted with the entire .
mint of the Lon&e bushier under pertain written=
Gum One of these conditions wee that the prisoner should
transmit all monies he received oa account of the 6rm to the
prosecutors every mouth, and at the setae time furnish
them with a balance sheet, showing the exact state
of his business transactions. The prosecutors, it would
seem, were not very well satisfied with the prisoner's mode
of proceeding, and in December, 1864, Mr. White, one of
partners, came to London, end had some conversation with
the prisoner upon the subject of the accounts that were out-
standing ; and he produced a number of accounts which he
represented were unpaid. Mr. White then proposed that
they should go to the pieties to whom thane accounts
referred and endeavour to obtain the money, or a promise
as to the time when the accounts should be paid. psoner agreed to this, and they both went to the place of
bushier of several of the customers, and is those isetaocse
the prisoner repnanted that the sums mentioned in the
indictment had not been paid, and that the parties had pro-
mised to pay in • week, whereas in point
b of
efforeact it
and the
turned
out that the mosey had been paid long ,
prisoner had not accounted for it to his employers.
It tuned out, upon the agreement being read, that the
primmer was only to be paid by committee, and that he
was merely treated as the "agent" of the paiecutoes, and,
at the dose of the ease for the prosecution, Mr. Gent con-
tended that the prisoner was not in the position of a " rev-
rant," and that be Gould not therefore be legally convicted
of the offence of embsuletnent io that capacity.
The Recorder, attar listening attentively to the argu-
ments of the learned counsel, said he should not withdraw
the case from the jury but if it beams necessary be would
consult the learned judges who would attend the court on
the following day, upon the technical point that bad been
retied.
Mr. Gent, in his address to the jury for the prisoner,
contended that there wee no evidence that he had frauclu-
bendy appropriated the money to his own use, and be
argued that, as be was to be paid solely by commission, be
would have been justified in putting these particular sums
into hie pocket, if be bad rendered an account at the sad of
three months according to the agreement, and that there was
no proof that he had not done so. The learned optimal then
submitted to the jury that the prisoner was not a servant to
the prosecutors within the ordiaary soceptation of that
term, and upon that ground also he asked them to acquit
him.
The Recorder bash* summed up, the jury, after some
deliberation, found the prisoner Guilty, but at the mann time
expressed an opinion that there had been great laxity in the
mode in which the prosecutors kept their accounts.
The prisoner was then tried upon a second indiotmeet,
which charged him with obtaining some silver forks and
other articles from Mears. Charmer and Adams by false
preteeees.
The prosecutor' curry on the business of wholesale silver-
smiths in Hosier-lane, and they were acquainted with the
prosecutors in the lest 011111, Yews. White and Johnson,
and it appeared that the prisoner sent a young man, who
was employed nader him at the office of the prosecutors, with
an order for some silver lied forks, to the amount of
17!. The order s to come from Moms. White,
sod the artieles were delivered upon the belief that they
were for Out am. The geode were not nevi to any of
Mien; Whitetail/than, but were pledged almost imme-
diately after they were delivered by the prosecutors, and
the duplicates were fisted upon the prisoner at the time of
his apprehensiee. The articles were produesd by the pawn-
brokers and identified by Mr. Biakeway, sisisteat to the
tom, as their meaufeotere, althoqP in answer to
rstillest he mkt be was set quite rectal' that they ewe