The Express.
London, England, 1847-09-16 00:00:00

Eat EntelUsenet.

COURT OF BANKRUPTCY.
Below Mr. Commissioner Fonblanque.
IN RE CHARLES MATHEWS, THE CORSDIAN.—This was
an adjourned summons, under the Small Debts Act, against
the above.named well.known comedian, the case having been
adjourned till this day in order that a certificate should be
produced of his alleged ill-health. The debt and costs
amounted to ahout 17/., for goods sold and delivered.—Mr.
Lewis, for the defendant, sad that he was now unable to
attend on account of ill health, but proposed to pay 51. in
two weeks and 51. on every subsequent two weeks.—Mr.
Commissioner Fonblanque asked, would Mr. Lewis under-
take to pay these amounts on behalf of Mr. Mathews f—Mr.
Lewis replied that any order of this court would be sufficient
for kis client, who bad now no engagement, and against
whom several orders were obtained under the Small Debts
Act.--Mr. Sibley, for the plaintiff, said that Mr. Mathews
had had an engagement at the Princess's Theatre, but did
not offer to pay the debt, and was now keeping up
an expensive establishment.—His Honour said he
should grant a warrant, to remain in the hands
of the messenger, is enable Mr. Mathews to pay
M. in two weeks from this date, 51. at the end of the
month following the first instalment, and the residue
at the end of six weeks following the second instal-
ment, and if such • course was not carried out by Mr.
Mathews the warrant for committal would be put in force.
—Mr. Sibley then applied for costa—His Honour granted
the application.
IN HE CARoLINE I'OTTS.—APPLICATION OF A MARRIED
WOMAN.—This insolvent, described as the wife of George
Potts, came up for her adjourned interim order. The in-
solvent was supported by Mr. Sturgeon, and opposed by Mr.
Duncan, who submitted that the insolvent was not entitled
to petition this court, being a married woman, notwithstand-
ing that the statute said any person." The statute said
that the estates and effects should be deposited with an
officer of the court, but it she was a married woman it would
be impossible for the official assignee to take the estate and
effects, as they would be claimed by the husband.—His
Honour said that he had always acted upon the principle
that married women were entitled to petition this court.—
Mr. Sturgeon said that he believed he had had the honour
of supporting married women before all the commissioners,
—After some discussion the interim order was granted.

INSOLVENT DEBTORS COURT.
&tore the Chief Comm Wiener.
IN RE JOHN DALLOU, THE TOUNGEIL-11118REPILESENTA-
TION.—This insolvent had carried on business ae a wine mer-
chant, at Scot's-yard, Bush-lane, Cannon-street, and at
Woolwich. His debts were 3.2201., and there were assets to
the amount of about 2001. He was opposed by Hr. Bucha-
nan, whose claim for wines amounted to upwards of 3001.
The insolvent had frequently represented himself to be in
solvent circumstances, although on investigation it appeared
that he was very much involved in debt before he had any
dealings with the opposing creditor, who h►d been induced
to give him credit solely on the representation made by him
of his being able to pay 20s. in the pound to all his creditors.
The insolvent, in his schedule, attributed his failure to the
fact of two of his clerks having defrauded him of 7001. It
turned out that only one of his clerks had been guilty of fraud,
and that only for about 351.—The Chief Commissioner thought
he should be justified in treating this as a cue of obtaining
money under false pretences; but supposing an indictment
would not lie for that offence, he certainly considered it a
cue which bore the construction of a debt, having been con-
tracted by the insolvent without any reasonable expectation
of his being able to pay it. The frequent representations
coda by him to Kr. Buchanan had inflamed that gentl►

man to allow the debt to be contracted, while the insolvent
knew that his statement were wholly without foundation.
It was a very tit case to which to Apo:), the 76th section of
the act, and the court accordingly ordered that the insolvent
should not be entitled to his discharge until he had been in
custody at the suit of Mr. Buchanan for a period not ex-
ceeding six months from the slate of his vesting order.

THE EXPRESS, THURSDAY EVENING, SEPTEMBER 16, 1847.

living.—Mr. Pelham, for the prosecution, said hi. client,
Mrs. Wills, was a lady of great respectability, the daughter
of an optician at Ratelift'. The prisorer, who had been
captain and chief officer of s 1 vessel", and was at pre-
sent mate of the Mary Auckland, lying in the London-
docks, did much basilica with her late father, with whom
she was staying during her widowhood. Observing that the
lady wait of serious and religious habits, the prisoner, in his
interviews with her, assumed an air of great sanctity, and by
frequently reverting to sacred subjects said that she alone
could insure his continuance in the way of righteousness.
She consented to marry hint, and a day was appointed. In
the interim a rumour reached her that the prisoner was
already married, whereupon she taxed him with perjury.
He solemnly denied the charge ' • but, not satisfied with this
disclaimer, she inquired of his sisters, who said they
believed he had been married, but was then a widower.
The suit went on, and the prisoner's devout de-
meanour completely captivated Mrs. WiUs's affection and
esteem. Still rumours arose, and she again saw his sisters,
who told her he had a wife then living. Oa her telling him
u; this be anneared barb aurnrised and troubled, Mete MO.
. .
clay when she informed him that his sisters told her he had
been already prosecuted for bigamy. He then admitted that
he had been married twice, tried and convicted, but added
that Mr. Justice Cement!, when sentencing him, said that
after such a conviction he was at liberty to marry again.
He also added that he had consulted a proctor, who ex-
pressed a similar opinion. Believing this statement, and
looking upon the prisoner as a reformed sinner, with whom
she might safely and legally unite herself, she consented, and
they were married at Christ's Church, Rotherhithe, on the
26th Oct., 1845. He went to sea in the November ensuing,
and Mrs. Wills subsequently having received infarmation
which left no doubt that she had been the victim of decep-
tion wrote to him on the 29th Jan., 1846, expressing her
determination never to see him again.—Day, constable of the
K division, produced a certificate of the prisoner's first
marriage to Anne Warwick, at Newcastle. He saw the
first wife at Barnard Castle, when he produced a Daguerreo-
' type of the prisoner, which she recognised as Daniel Sinclair,
her husband. Yesterday morning Day went in plain clothes
to the London Docks, and Hoagies, a warrant officer of this
court, followed at a distance. Day found the prisoner pro-
ceediag to his vessel, and, addressing him by his name, said
11 Mr. Mashes (Mrs. Well's' brother) wished to see him. They
walked in, and Day said, " You know Jane Wells 1" Pa-
-1 soner replied, " I know no such person ;" upon which
1 Douglas came up. The prisoner then flung them both from
him with such force, that Day must have fallen into the
dock but for a barrel, which stopped his descent. After x
smart chase through the docks he was ultimately captured,
when a dreadful struggle ensued, in which the flesh was
torn away from Day's knuckles. Sinclair was ultimately
secured with the assistance of six or seven constables—Mrs.
Jane Wells, a woman apparently about 27 years of SAM then
deposed that she was married to the prisoner at Christchurch,
Rotherhithe, on the 26th of October, 1845. He began to pay
his addresses to her about July, 1845, and said his religious
notions were exactly the same as her own. She afterwards
' heard something to his prejudice, which led to an explana-
tion with him and his two sisters. She informed him that
she bad heard he was married to Ann Warwick, and that
while she was alive he married Mary Ann Abrahams, who
had since died. lie said he had suffered for that, and
the punishment he had undergone bad annulled the first
marriage, and that he could relieve her (the witness)
of all fear, and himself from all risk, on that account.
He solemnly assured her that she could be legally married
to him, and that Judge Cresswcll, who had tried the case,
said he was a free man, and at liberty to contract another
marriage. He also stated that he had consulted a proctor,
sad laid the whole case before him ; and that he was of the
same opinion as Judge Creswell. His sisters afterwards
forwarded a letter to Barnardcastle, and found that Ann
Warwick (Mrs. Sinclair) was still alive. He was very much
troubled when he received that information, but he assured
witness it was no matter, for he left his wife at the church
door, and never sew her afterwards. The prisoner strongly
denied the fact of the tint marriage until his sisters informed
her of it; and, when she made him acquainted with it, he
took great pains to convince her the first marriage was invalid,
and that his trial and punishment qualified him fur another
marriage—Mr. Fearnley : Then the fact is, madam, you
married him knowing his first wife was living and the
second one dead ?—Mrs. Wells. Yes, air, that is so; he
solemnly declared the first marriage was illegal, and he
suffered for the second.—Mr. Pelham: Did he not tell you
that he had been to a proctor, and to Judge Creswell,
before you married him ? Mrs. Wells : Yes, sir.
He said he had been to a proctor and a solicitor.
The proctor said the marriage with me would be illegal ;
and he then went to another, who said the proctor
who told him that, only wanted to get his money
to sue for a divorce, and that he could marry me. He
offered to take me to Judge Cresswell's house, to remove all
doubts, lie obtained my consent to the marriage on his
representations, and upon the express understanding that it
should be kept secret until I could be acknowledged as his
wife; but after it was solemnised he made it known to every-
body.—Mr. Yardley : Then the marriage was a clandestine i
one ?—Mrs. Wells: Yes, sir ; quite so.—ln cross-examina- 1
tion by Mr. Feartiley, Mrs. Wells said she was living with
her mother. Mr. Sinclair paid his addressee to her as a
widower, and his addresses were sanctioned by her mother.
After the prisoner's sisters informed her that he had a
wife living, her mother advised her to break off the
match. She was not engaged to any one at the present time,
ner had she any thoughts of marry'ng anotheeman. A gen-
tleman had paid honourable attentions to her since Mr. Sin-
clair had been at sea ; but on her acquainting him with her
situation, he discontinued them. When she gave up the
prisoner, and learned that her marriage with him was illegal,
she determined not to enter into another matrimonial en-
gagement, and had not done so. In answer to a question by
Mr. Pelham, the witness said it was at first arranged that her
welding and her sister's were to be solemnised on the same
day; but after what she heard of the prisoner, it was thought
advisable to solemnise her own marriage privately. Mr.
Pearaley asked the witness if any children had been the
fruits of the marriage ? Mrs. Wells : No, Sir.
Mr. Fearnley : Who advised:you to give him up to jai-
Mac Wells : My brother, Sir ; and he has been trying to
obtain—Mr. Fearnley , Never mind what he tried to obtain.
The ease is very different to the one sat up. Instead of Mr.
Sinclair using every artifice to deceive the widow, she
married him with the full knowledge that his fiat wife was
alive—Mr. Pelham would be enabled to show that the most
abominable artifices had been used. Mr. Justice Crtsswell,
whom name had been so frequently mentioned by the
prisoner, was not called to the bench when Sinclair was con-
victed in 1837.—Mr. Yardley said the case was a fit one for
remand, and, after some discussion between the solicitors,
consented to accept of bail for the prisoner's appearance on
Wednesday next, himself in 2001., and two aunties of 1001.
each, and in default committed him to prison.

A DISPUTED TITLE Mr. Bolton, solicitor, accompanied
by Mr. Braiuton, barrister, of the Middle Temple, and seve-
ral other gentlemen, came hurriedly into the court and
claimed his worship's assistance under the following circum-
stances Bolton stated that a short time previou•ly,
twenty-eight armed men rushed on board the barque
Novelty, which was lying at a wharf in the river, and, for-
cibly ejecting the ship-keeper, whom they bundled out neck
and heels, took possession of the vessel. As reported in our
paper of Saturday last, Mr. Brainton, the barrister, was, on
Friday, charged at this court with an assault on Mr. Guthrie.
As far as it then appeared, from a variety of conflicting evi-
dence, Brainton purchased the Novelty, subject to a mort-
gage of 10001. on 15001., to Guthrie. It was alleged that
Brainton in purchasing the vessel, instead of paying off the
mortgage, had made it the medium of other liabilities, and
was in the meantime on the eve of proceeding to sea with it.
Guthrie, on hearing this, attempted to board the vessel, of
which he said he had a man in peesesaion ; and ia resisting
the attempt, the alleged assault was committed. Mr. Bal.
lantine dismissed the case, viewing it as an attempt to try a
title over the adjudication of which his court had no juris-
diction.—W. IN bite proved that he was placed on board the
Novelty to take care of her. That morning 28 into came on
board, five of whom ejected him from the vessel under the
direction of Mr. Guthrie. They were not armed with staves
or otherwise.—Mr. Bolton contended that the men had vio-
lated a clause in the Oth Geo. IV., cap. 31, which made it
penal to prevent men from pursuing theiravotations on chip-
board. The men threatened, if any attempt were made to
take the vessel away, that they would let go the anchor,
cut away the mast, and otherwise disable her from
proceeding to sea. Mr. Yardley was of opinion
that there was so rbk, and the whole proceeding
was an attempt to try a disputed title, over which he had no
jurisdiction. After some discussion, in which Mr. Bolton
went at much length into the question of title, urging that
his party was possessed of all the deeds, he requested to
have assault warrants against the twenty-eight men, but was
not able to give their names. It was ultimately agreed that
warrants should be issued against Guthrie and a person
named Gill, Mr. Balton applying for an immediate execution.
—lnspector Falconer, of the Thames police, said he appre-
hended some serious results, from the manner in which the
two parties conducted themselves, and the violent exhibi-
tions on both sides. They were watched by the police, but
there was no constable on special duty at the place.—Mr.
Yardley directed that any one committing a breach of the
peace should be instantly taken into custody.

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