The Express.
London, England, 1846-11-28 00:00:00

railways, especially in the Direct Lincoln and Northern and
Southern Railways. The debts, &c., are stated at 24,9071.
Profits, including railways, 11,0721, Rent, 601. Total,
37,7191. Good debts (alleged), 6,2681. Property, 1,3781.,
with creditors, 512/. Bad debts, &c., and deficiencies, At
10,0001.—Mr. Cooke opposed, and Mr. Duncan supporte",2
The bankrupt was examined at very considerable lengt:,, "
to
his ceoinexion w ith the above railway companies, RD: also as to
the non-production of certain memoranda, containing
accounts of his transactions, and in the course of which he
further stated that although a director of the Northern and
Southern Railway, he had been engsird in buying and
selling the shares of that company with various alternations
of profit and loss. There is now a book not forthcoming,
but he was quite sure the sums at each aide would balance,
ar.:a that was the book "I.::iva to in the balance-sheet, lie
had not that book now, nor bad an; person for bins.—Mr.
Bunten, having made an able ititareaS to the court, his
Honour said, that as the assignees required further time for
investigation they must have it.—The case was then
adjourned.
---
INSOLVENT DEBTORS' COURT.
Before Mr. Coromiasioner Harris.
ONLY " TWELVISKONTRS I"—SWIN Gar-
land, whose petition had been dismissed by the Bankrunte:;
Court, was now opposed by three creditors in perwm. The
insolvent had carried on the trade of a pork-butcher at Chel-
sea, mid had fraudulently obtained a number of pigs from a
Mr. Boner. He agreed to purchase the pigs for 211., to be
paid on delivery. lie gave Bonnor a note to his wife, de-
siring her to pt'i the money on the pigs being takenhis
premises. Bonner took the pigs, and presented the note to
the insolvent'a wife, who immediately went up stairs on pre-
tence of getting the money, but soon returned, saying,
" What a fool Garland is, he has gone away and taken the
key of the cash-box with him." While this was going on
within doom, two of the insolvent's men drove the pigs from
the gate into their master's yard. Bonnor waited until the
insolvent came home, and then asked him for the money ;
the insolvent said that he had no money, would not pay him,
and set Bonner at defiance. The latter then brought his
action, and the insolvent aggravated his offence by defending
it. The cases of the two other opposing creditors were of a
very similar character.
The Commissioner, in giving judgment, said that the pro-
per place for adjudicating this case was the Central Criminal
Court. In order to mark how strongly this court would
visit with its reprobation conduct such as the insolvent had
been guilty of, he should remand him for twelve months.
hat
On the insolvent leaving the court, he flourished his
above his head, and cried out, " Hurrah'. only twelve
months'."

CENTRAL CRIMINAL COURT—YESTERDAY.
OLD COl:RT.—Before the Lord Chief Junky.
CHAUGE OF MANIBLACIGHTEL—Thorna3 Henry rang-
ford, 34, was indicted for the manslaughter of Thomas
Roberts. On the night of 9th November, the deceased and
several other persons had been enjoying themselves at a pub-
lic-house in Greenwich, on the occasion of their employer's
birth-day, and they left between eleven and twelve o'clock
at night, the deceased being at the time a little the worse for
liquor. lie was walking in the road with one of his com-
panions, when a tilted-cart, which, according to the evidence
of the witnesses for the prosecution, was going at the rate of
from ten to twelve miles an hour, and the horse in which
was galloping, ran aisainst them, knocked them both down,
and inflicted such injuries upor the deceased that he died
shortly afterwards.—On the part of the prisoner, it was
admitted that he had been with his horse and cart to Wool-
wich and Charlton on the day in question, and that he passed
through Greenwich on his return home at night, but it was
urged that it was impossible his vehicle could have occasioned
the accident, inasmuch as he had started from Woolwich or
that neighbourhood at nine o'clock, and must have passed
through Greenwich long before eleven o'clock, the distance
being very short, and there being no proof that he had
stopped anywhere on the road. Evidence was also adduced
to show that the prisoner's horse was utterly inca-
pable of going at the rate of ten miles an hour, par-
ticularly with a heavy cart ; and one of the witnesses, who
knew the animal well, said that lie was one that would
"take a wonderful sight of whip," and he did not think it
was possible to flog it into a gallop. A witness was also called
who deposed that the accident did not occur until a quarter
after 12 o'clock at night, it being satisfactorily shown that
the prisoner was at his own house in the Borough, where ho
carried on the business of an egg-dealer, by 12 o'clock, or, at
all events, very soon after that hour.—The Lord ChiefJ statics
summed up the evidence with great minuteness, and the I
jury, after a short deliberation, returned a verdict of Not
Tun LATE JCLTA FITZGERALT).—Richard King, 17,
was arraigned upon the coroner's inquisition, for the man-
slaughter of Julia Fitzgerald; and Sarah Green and Jane
Sumner, who had been out on bail, surrendered to take their
trial upon the game charge.—The Lord Chief Justice having
perused the depositions, suggested that it would be advisable
to call the surgeon as the first witness, in order to hear his
opinion as to the castes of death.—The surgeon in the CaSC
was accordingly examined; and in answer to questions put to
him, he stated that, in his opinion, the deceased died of pleu- '
risy, and that it was not in any way to be attributed to the
violence alleged to have been committed by the prisoners.—
The Lord Chief Justice said, that, upon this evidence, there
was cud of the charge of manslaughter, but there would still
be the question, whether the prisoners were not guilty of an
assault.—Evidence was then adduced, from which it ap-
peared that the mother of the deceased lodged in the house of
the mother of the male prisoner, and was iii arrear of
rent, and while in the act of removing her property from the
lodging, King's mother stopped her, and was assaulted by
the deceased and her mother. The prisoners then inter-
fered, and during the scuttle the deceased wan assaulted.—
Mr. Clarkson, in his address to the jury on behalf of the
prisoners, complained of the hardship of their being com-
mitted upon a charge of manslaughter under such circum-
stances. He submitted that there was no pretence for
making such a charge ; and as to the assault, they were
justified in resisting the removal of the goods, and in law
were not guilty of any offence.—The Lord Chief Justice
summed up the case, and the jury returned a verdict of
Not Guilty,
NEW COURT.—Before the Recorder.
BIOANLY.—Thomas Ryder, described in the calendar as a
market-gardener, aged 47, pleaded Guilty to an indictment
charging him with feloniously marrying, at West Hackney,
one iilizabeth Mayes, his first wife having been at the time
alive.—The Recorder called Elizabeth Mayes, who Mated
that when the prisoner was paying his addresses to her, he
represented himself as a single man, and believing him to be
such she married him, and some time afterwards she found
he had another wife living. Before she married him she was
upper housemaid in a gentleman's family.—The prisoner
was sentenced to twelve months' imprisoement, with hard

labour.
DI.CIIARGE OP TUB flitaxn Jonv.—At two o'clock p.m.,
the grand jury came into court with a number of bills, and
basing delivered them, the foreman stated that they had no
other, having disposed of the whole of them.—The Recorder
complimented them on the manner in which they had per-
formed the duties imposed on them, and discharged them
with the thanks of the court.
THIRD COURT.—Before the amnionseriennt, and Mr. Com-
nilmioner Bullock.
A DISTRESSING CASE.-31ary lees, aged 3-5, pleaded
Guilty to an indictment charging her with stealing three
waistcoasts, value 20+.. the property of John Alexander
Watson, a clothier, residing on Deptford-bridge. The prb
goner's daughter, aged 13, was also indicted on the same
charge. Both prisoners went to the pruiccutor's shop on
the 16th of November ; when they left the shop the waist-
coats were missed, and an officer afterwards took the younger
prisoner into custody while in the act of pawning one of the
waistooats.--The Common Serjeant said it was very probable
that the daughter was not aware that the waistcoat had been
stolen, and went to pawn it in obedience to her mother's
commands.—The jury returned a verdict of Acqvietal.—The
prosecutor here stepped forward and begged most strongly
to recommend the prisoner to mercy, as he believed that she
committed the robbery through great distress, as her looks
might testify. She belonged to a highly respectable family;
but having been very unfortunate lately, she was thrown
upon the world without any means to support herself and
six children, all of whom were younger than the girl who
had been acquitted.—The Common Serjeant said, under
those circumstances he would only sentence her to five days'
imprisonment, the effect of which was that she was imme-
diately discharged.

POLICE. —YESTERDAY.
_ ESTERDAY.
MARLBOROUGH- STREET. LITERARY INBTITV•
TIONS AND POOR-RATF.B.—A question of considerable im-
portance to parishes and public institutions 'was raised
before Mr. Hardwick, by the parish authorities of St.
James's, who, with the vestry clerk, Mr. Buzzard, attended
to support a summons they had obtained against the mana-
gers of the London Library, who occupy premises in St.
James's-square, andwho bad refused to pay the amount of
their parochial assessment, 22/. 2s. 9d., on the plea that
under the provisions of the 6th and 7th Vic., they were
exempted from paying such rates. Mr. Parry attended for
the defendants, and referred to the clause in the Act in ques-
t.,on, which expressly stated that literary or scientific institu-
tii ms were not to be rated by the parish in which such insti-
tution might be located. The institution in question was
of a literary character, having his Royal Highness Prince
Albe.'t for its patron, and many persons of eminence
&mom: the committee of management. The institution
was em rolled, and the certificate of Mr. Tidd Pratt would be
eshibitei. to ehow its object. The building was devoted
solely to L'terary and scientific purposes, and as this would be
clearly pro 'ed, he apprehended the parish authorities would
have no ans. Ter to this case.—Mr. Buzzard said. en behalf of
the parish, h.' was bound to contend that the London Lite-
rary Institutiott did not come within the meaning of the act,
inasmuch as the committee let part of their building to other
societies, and ret eived an amount of rent for the accommo-
dation. The Philological Society and the Statistical Society
rented part of th. building, and as the London Library
Institution receives) a beneficial interekt by this letting, he
was of opinion that they were liable to pay rates. At all
events, if that port'on of the building occupied by the
London Library Society came within the operation of the
act, it appeared to hint that the other part of the building
from which rent end consequently profit was derived,
was liable to be 2, we to the parish rates.
His point was, if the house were entirely occupied by the
London Library Society, thon it would not be liable to be
rated; but being let out to other societies, it was no longer a
purely literary institution, ant: therefore ought to be rated.
He had no knowledge of the primises being occupied by any
of the officers of the London Libtary ; but he was quite will-
ing that Mr. Cochrane, the secretary, although summoned
to the court as the defendant, sho;.ld be examined on that
point.—Mr. Cochrane was put into the box, and he proved
that he was seerstary to the London Library, and that he
had rooms allowed to him rent-free by the society. The
porter, also, had rooms without paying any rent. The Sta-
tistical and Philological Societies paid rent to the London
Library manailers, which rent was applied entirely to ad-
vancing the objects of the institution. Not a farthing of these
3

rents -eras applied to any other purpose.—Mr. Hardwick did
tb'exit, presuming the fact admitted that no part of the rent
-receieed from other societies formed a source uf profit or
went into the pockets of any of the members, that the society
came fairly within the exceptions specified in the act. The
clause in question exempted all literary, scientific, anl fine
arts institutions, which were supported by voluntary or other
contributions. It was not questioned that the London
Library was a literary institution. It was supported partly
by voluntary contributions and partly by money raised as
rent for portions of the building, all of which funds were
devoted exclusively to the objects of the institution. He
was of opinion, therefore, that this society came within the
operation of the act. —The summons was then dismissed.
THAMES.—ALLEOED BARBAROUS CONDUCT TO A Ln-
Wale AT 081 paper of yesterday AR arplieltioli
was reported under the head of this court, from which it ap.
e • horrible and extraordinary diselosuees
would be Made; but Mr. Hallantine being anxioue
to avoid
the consequences of prireii fade statententa, required the at-
tendance of Mr. Johnson, the owner of the Favourite, so as
,to hear his statement from himself. That gentleman did at-
tend yesterday with Mr. Pelham, and added but little to
what had already been stated. Two witnesses were called,
who proved the facts of the insane man, Johnson, having
been slung in chains from the davits during the day, and of
his being fastened down at night to the fore-cabin table.—
Mr. Daftntine observed, that as it was shown in evidence
there was no medical man on board, the captain, in a case of
insanity, Must undertake the responsit.ility upon himself,
making himself the sole judge of the degree of restraint to
which it might he necessary to hese recourse. There was
no evidence to show that the man had been driven into mad-
ness, or that any unnecessivey violence had been used. There
was no medical man on board, and though the statements
made there might sound harsh, it would still mere harsh
if the maniac had been allowed to throw himself overboard,
or to stab some of his shipmates.—Stewart, one of the wit-
nesses examined to-day, here observed that no such precau-
tions appeared to have been taken with respect to Johnson,
who, atter he had been in irons, was ordered into the lee
chains, where he fell asleep.—Mr.Ballantine said that course
was very reprehensible, but still he did not think that any
sufficient case had been made cut to warrant the issuing
of a process from that court —The subject, it appears, will
be reopened at the Mansion-house this day, on an
assault warrant, issued at the instance of Captain Malmgren
against Mr. Johnson.
HAMMERSMITH.—Toe GOOD SIIEPH min ASYLUM.—
Poose Rerz.—Mr. T. Paynter was occupied nearly the
whole witting in hearing a summons obtained by the
officers of this parish, against the managers of the
Catholic Asylum of the Good Shepherd, in the Fulham-road,
for non-payment of poor rates. Some technical objections
having been made and overruled, Mr. Paynter, the magis-
trate, said he would, in justice to the parish officers, say that
he (Mr. Psynter) was consulted on the question of the
rating of the Good Shepherd Asylum four or five years ago
by a Protestant lady, who took great interest in the institu-
tion. Redid not, however, go over the asylum, the committee
being ladies, but being himself interested (charitably so) in
a large charity which expected every day to be applied to,
to be rated, from the enquiries he then made and what he
had since heard about the asylum in question, he was quite
satisfied that it washable to be rated. If, therefore, he was
called upon to issue a distress warrant for the rate, he should
be obliged, however reluctant, to do so.—Mr. Anstey de-
clared that he would stake his professional experience upon
the fact that from the case submitted to the Poor-law Cum-
mksioners, and their answers thereto, his clients were not
liable. lie entered into along cross-examination of plaintiff's
witnesses. Eventually the Rev. Jas. O'Neal was called for
the defence, and deposed that he was Director of the
Asylum of the Good Shepherd, and had the manage-
ment of the temporal affairs. He was the sole director,
without any control over him. Ile acted so now going on
three years. Was not before connected with the asylum or
convent. The ladies of the institution had been summoned,
he believed, five or six times for parochial rates, but could
not tell if for poor-rates. Had appeared as the repressnta-
tive of the convent before the local magistrates four times,
at Albion-hall, Hammersmith, and once at the Holland
Arms, Kensington, when the question as to the li.bility to
pay rates was mooted. On each occasion the summons was
dismissed, on the ground that the Female Penitentiary at
Pentonville, where the inmates do washing and needle-
work, the same as in the Asylum of the Good Shepherd,
was not rateable.—Mr. Punter here called upon the teamed
counsel to open his case.—Mr. Anstey replied, the ease of
the defendant was this. These ladies came to this country
from France, having, by solemn religious vows, devoted
their lives and property to the reclamation of females of aban-
doned and depraved character. Those ladies were persons
of fortune, and no way dependent on any one, having
ample funds of their own for the purposes in question.
Those ladies, on their arrival in this country, fixed them-
selves at Hammersmith, where females, both Catholic
and Protestant, of the character described, were received.
Eleven of those now in the asylum would otherwise have
been chargeable to the parish of Hammersmith. The parish
of Hammersmith bad, however, for some reason or other
,
determined to make them pay more largely to the parochial
funds, while those ladies thought that they were spending
their money in a more Christian manner than it would be
spent under the provisions of the New Poor-law. They had,
therefore, resisted the payment of poor.rates, while the
parish had constantly demanded them, and at length a com-
promise,
r something of the kind, was come to, and they
agreed to' submit the question to a bench of magistrates, four
of whom were present when the matter was mooted. Three
of the magistrates thought, on referring to Arch!)old's Poor-
laws, that where property was derived from manual labour,
the parties were liable to be rated ; but where there was
private property, and none was derived from the manual
labour
thendoe, they were not liable it was decided
that asylum was not liable.—Mr. PaynWr sail
the learned counsel must be aware that the pre
sent proceeding was non judice, and that the ratar
demanded could not now be appealed against. Mr.
Anstey said that might be. His clients then applied to Mr.
Nichols, one of the poor-law commissioners, who replied that
the case was similar to the Tottenham-courtroad one, and
that the asylum was not liable to poor-rates. In the mean
time another rate was made, and others afterwards, and the
parish officers went and demanded them of these ladies who
have a cloister vow that they have nothing to do with tem-
ponds, but were acting under the archbishop, and they told
them to go to Mr. O'Neal, who had the care of the tempo-
rabties. A long correspondence then took place between
Mr. O'Neal and the parish officers, who said the parish was
not satisfied with the opinion of the poor-law commissioners
and of the magistrates, and now, after the time had expired
that any appeal can be made, the parish had adopted the
present arbitrary proceedings, without telling those ladies,
who acted without the advice of a solicitor, that they ought
to have appealed, which they did not find out until lately.
He would threefore ask the magistrate if his authority is that
case, under the police statute, gave him the power
to decide the case. In conclusion, he considered that
the proceedings taken by the parish were a contravention of
the common law of the land, as they took the character of
strictly penal proceedings, the defendant having the benefit
of only one magistrate, and not even a bench of magistrates.
—Mr. Paynter decided that he had jurisdiction in the case,
and said that all he could do would be to withhold the issu-
ing of the distress warrant in order that some arrangement
might be come to between the parties as to an appeal to the
quarter sessions.—Mr. Jones said, before he sanctioned any
such arrangement, he wished to ask two questions of the'
c. Mr. O'Neal; the first was, if he admitted that
washing was taken in at the asylum ? and secondly, if
there were not ladies residing in that asylum who pail from
1001. to 300/. per annum for hoard and lodgiug?—Mr.
O'Neal said he did not deny that washing woe taken in ;
and Mr. Anstey objected to his answering the second ques-
tion, saying, that when proceedings like the present
operate virtually as an oppression to the poor, the poor I
have a right to take every advantage of the rich.—Mr.
Walesby, one of the county magistrates, who sat near Mr.
Paynter, bore testimony to the great usefulness of the Good
Shepherd Asvlum.—Mr. Jones said, he would admit that it
was a good institution, but what he complained of was, that
it took in washing, which was a great injury to the poor, who
would otherwise do it, by which both the rates and the poor
were increased.—lt was then arranged that the distress war-
rant should not issue until the let of January next, and that
all summonses for other rates since made, should stand over
until the question was decided.—Some angry altercation then
took place between Mr. Jones and Mr. Anstey, which was
'topped by the magistrate, Mr. Jones declaring that if the
learned counsel bad acted as he had on the instructions of
his brief, it was most disgraceful—The court was densely
crowded by the inhabitants during the proceeding=, which
appeared to excite great interest.
Mr. T. Paynter begged to acknowledge the receipt of Eis
from X.Y.Z., for the poor-box of this court, and expressed a
wish to learn his address, for the purpose of making a corn
munication to him on the subject of his letter.
amount of

MONEY MARKET
FRIDAY ISTRIVINCI.
The much altered tone and more animated appear-
ance of the money, stock and railway markets in Paris was
referred to with some detail under this head in the E.r-
press
of this day. The papers and private advises from
thence by the morning's mail come quite in confirmation
on all points of the information so previously communicat.d.
The results yesterday, continued to-day, have been a rather
remarkable action upon funded values. Consols opened at
an advance of upon the closing rates of yesterday, and be-
fore
the close of business were nearly 1 better. The last
quotations were 941 to .5 money, and 951 sellers for
account. But they were rather freely done pre-
viously at 9.5 money, and 951 to 1 for time.
From the anxiety in some Stock Exchange quarters
about the probable movements of the Bank in regard of
a change in the rate of interest, it may be inferred
that, if fairly assured on that head, say against an elevation
of the minimum rate during the present year, or before next
account day, opinion would incline to some extent, in favour
of a furdev improvement in the funds before the dates
stated. But of course no very positive indication can be
arrived at is that respect. The fact serves to show the at-
tention with which the movements of the Bank are and will
be watches'. and the influence which they will undoubtedly
exercise. Reduced Threes were 931 to /. Three-and-a-
Quarter per Cents.. 951 to 1. The Government broker took
16,000/. Three-and-a-Quarter per Cents. for the saving's
banks, and 1,300/. New South Sea Annuities for reduction
account of the National Debt. Exchequer Bills left off 81.
to lls. premium. Long Annuities, 91 to 15.16. Bank
Stock, 205 to 6. India Stock, 256 to 8.
The transfer books arc appointed to be closed at the Bank
of England, preparatory to the payment of dividends' as
follows for the stocks named ; For Consols the 10th of De-
cember; for Three per Cents., 1726, on the 11th; for New
Five per Cents., on the 11th; for Annuities for terms of
years, on the 11th ; Consols reopen on the 15th of January
next; Three per Cents., 1726, on the Bth; New Five per
Cents., on the Bth; and Annuities for terms, on the 15th.
There has been slither more disposition to do business in