The Express.
London, England, 1853-07-08 00:00:00

BIRKENHEAD DOCK COMPANY.

Yesterday a special meeting of this company took
place at the Lyndon Tavern, Bishopsetate-street, for the
purpose of receiving the assent of the bondholders to a bill
in parliament for acceding to the proposal of the Birken-
head l)uck trustees, as mentioned blow. Sir Joszea
DAILLV. Bart., in the chair.
A circular was placed before the meeting, by which it ap-
peered that the object of the bill was to complete the outer
works, which had been suspended since 1817 in order to
make the project in some way profitable to the bondholders.
Brusey, on behalf of himself, Mr. Peto, and other
capitalists, had addressed a tender to the trustees, proposing
to construct within three year' the permanent dam, with its
sluices, gates, sad leeks, and to deepen nearly thirty acres
of the great float, so as to make it available for large ships
—taking in payment for the works bonds of the trustees to
the amount of 300,0001., and the piece of land which will
be reclaimed by the works, and which has been estimated
at 70,0001. In addition to this, the contractors stated their
willingness to execute such further works es mi;ht b t re-
(juiced for shed., railways, crane., or other accommodation,
not exceeding 30,000!., and to be paid fur in similar boness.
The power of repurchasing the South Reserve not is be
exercised. It had now been thought advisablo to tuke ad-
vantage of this proposition to capitalise the large s7rears of
interest on the bonds issued in 1814 and 1845, and settlinq
with the various classes of bondholders. With thi.; view it
was proposed (without interfering with the preference bond
debt of 60,000/. under the act of 1948) to issue (besides the
bonds required in payment for works) substituted bond.,
not exceeding 270.0001., to be applied for capitalising in.
terest, and to be offered to the in:secured creditors and to
the bondholders under the acts of 1814 and Ibl7.
Tnill arrangement was recommended by the trustees,
and was to the following effect : That for the
133,000!. arrears of interest substituted bonds be issued.
That the bondholders be nettled with in the following way :
—lst. At the rite of 17s. Gd. ill substitute 1 bocels, in ex-
change for every 1!. of the 23,0001. bonds 1%411..1 lams
July, 1817; at the rate of 15s. for the 62,000/. hoods issued
under the first act of 1817 ; end at the rate of In. GI. fee
the 39,000/. bonds issued since July, 1847; and that As
general creditors of the true (shoes claims amount to
15,000!.), should be offered substitute.' bonds is satinte-
tion of their claims. The above-mentiusd herds to rank,
pari punt, with the 400,0001. issued order the art of 18:10
end the 300,0004 to be issued to Messrs. Brossey, Pato, sad
others, under their proposal made to the compiny.
The CllllllOl.Ol advised the meeting to agree to this pro-
posal, with a slam to make the property of some value to
the proprietor,. If the bill • ere not passed in the present
sissies, much farther loss would be incurred by the bond.
holden.

11r. Dixon meoaded the motion for agreeing to the terms
of the bill sew before parliament, which wu passed tins-
airnsuly.
After some dientuion, is whiat her. Dnowsnino, the
&MD DE GDLINIMID, the CHAIRMAN, sad Mr. CiuLD,IIID
melt part, the meeting adjearaed.

LONDONDERRY AND ENNI,OCLI.EN RATLWAY.—
Teethe reeeipb for the week entlin,; July 2, Ihs:l:—P.tt-
eeseees, 2251. 2s. 2d. ; goods sod mails, 29,d. 17.. N.
Tocil. 622 i. 1.. 9d. (II Wks open.) ceneemating
Week M. 29111,18. Od. C 24 Naas opsa.)

Law intelligence.
COURT OF QUEEN'S BENCH.—YESTERDAY.
SEMSOII 411. Nos Nays IM L.:v.14,4.-Bam= Los D C•MCIMIS
••11 • Velvial. itia. •
MITCHELL V. THL PRINCE OF ARMENIA.

Mr. M. Chambers applied, on behalf of the defendant, to
have this ease postponed. It was an action for crim. con.,
and the affidavit upon which the application was made,
mated that two material witnesses, 1)r. Stewart and Mr.
Ililysrd, were at present at Hong Kong, and that their
testimony was most important to tt e defendant.
Lord Campbell thought that he could not accede to the
application of the learned counsel.
Mr. Serjt. Wilkins said he had an affidavit in reply.
Lord Campbell thought that, upon the face of it, the
affidavit, on behalf of the defendant, did nut make out a
suffLient caio fur postponement.
Application refused.

COURT OF COMMON PLEAS.-YESTERDAY.
&WINOS AT NISI PARA IN LAND 1..-11trAii CHIA? ROWE 1110 II

• &MAL JUM

CautsTia THI YOVNOZIL V. TROTT AND OT HEM.—
DAMAO' To A CAIIOO.

The plaintiff in this ease was a commission agent and
broker at Liverpool, and the defendants were owners of the
ship Harriet. At the beginning of June, 1847, the plaintiff'
shipped a quantity of haricot beans on board the Harriet,
and this cargo was damaged by leakage to the eatent of
about 1,1001. A great number of witnesses were called, the
main questlin in the cause being whetter the ship was sea-
worthy on tte 4th June, when the cargo was put on board.
The evidence for the slefendsnts was that the vessel was
quite dry and seaworthy on the 4th June, 1847, but that on
the night of the 11th of that mor.th the wind blew hard,
and the ship was jammed by soother ship, whilst lying in
dock, end in the morning fuur feet of water was found in
her hold.
The jury found a •erdict for the plaintiff, and it was
arranged that the question of amount should be settled
withuut their assistance.

COURT OF EXCHEQUER.—YesTEsonv.
SITTINDI AT Ni., PRIM, AT OVILDIAIA:1111701113 TIM LORD CIIITT
11,mtox AND Brum,. Ju1..,.

131/ENSDEN V. TIIE W ATM/MAWR STEAM PACKET COX-
PAN T.—PIEILSONAL INJE XT.
It appeared from the fact., that the plaintiff is a poor
widow, and was the mother of a boy who was kill, d
through the alleged negligence of persons having the coo-
duct
of the defendants' vessel. The plaintiff's son was
about 17 years of etre, and employed as a sailor on board the
Indian, trading frum London to Newcastle, and it appeared
that he contributed about 101. a year towards the support of
the plaintiff. The defendants are the proprietors of a
number of vessels plying between Woolwich, Blackwell,
Greenwich, and London, known as the " Waterman"
steamers. On the 22nd of March last, the In-
dian was in the act of entering the East India
Dock gates between eleven and twelve o'clock in
the forenoon, and the deceased and a man were at the cap-
stain warping the vessel in. A blue signal flag was flying
at the staff on the pier, to indicate that • vessel was
entering the dock; but, notwithstanding this precaution,
the steamer known as "Waterman No. 7" advanced at
full speed, and passed between the Indian and the pier-
head,
going over the warp and causing the rope to snap, in
consequence of which the windlass recoiled, and the de-
ceased WR9 struck by one of the handspikes in the head.
His skull was fractured by the blow, and he died shortly
afterwards. The present action was brought under Lord
Campbell's Art, for the loss which the plaintiff bad sus-
tained by the death of her son, who had mainly contributed
towards her support.
Evidence of • somewhat conflicting character was
given, alter which the jury found a verdict for the plaintiff,
damages 100/.

•
CONSISTORY COURT.—YESTERDAY.
Bunks Da. LI:IIIINOTOS.
WILLIAMS (FAIARLY CALLED SZYMOUR) v. BZLMORE
ALIAS SESMOVII.
This was a suit of nullity brought by the supposed wife.
who alleged that the person with whom she had gune
through the marriage ceremony had already been wedded,
and that his wife was still living. The proceedings were in
venue.
Dr. R. Phillimore appeared for the party proceeding, but
did not go into the facts of the case ; and
Dr. Lushingtoa decreed the marriage to be null and void.

INSOLVENT DEBTORS' COURT.—YEstEsper.

BMA, Ma. Comornatainca
IN THI )!LITER OF JOHN YONG!.

This insolvent, an attorney and vestry clerk of St. Mary-
le-Strand, applied to be discharged under the act.
Mr. Duncan opposed for a creditor named Clarke, and in
person by a Mr. Powell. The application for discharge was
supported by Mr. Cooke.
Three points were raised on the part of Mr. Clarke—that
there had been a vexatious defence, a debt contracted
without reasonable expectation of payment, and en alleged
preference. The opposition by Mr. Powell was that his
debt had been improperly contracted. In this cue the
debts were 8,1961., atd the credits 7,9951. The in-
solvency was attributed to not being able to col-
lect the debts due to the insolvent. A good deal
of evidence was adduced. Mr. Clarke had cashed
a bill for the insolvent, and brought an action to which
the insolvent pleaded. A verdict was given for 331. 65., and
the soots were 33/. 12s. Had the action been undefended
the costs would have been only 3/. Si. Mr. Powell had dis-
counted some bills of exchange accepted by a person named
Pearce, and it was complained that they were not bona
fide transactions, and that Pearce was not the person as re-
presented.
Mr. Cooko said the rate of interest charged was more than
sixty per cent.
Mr. Powell asked fur the production of Pearce.
Mr. Commissioner Phillips was of opinion that it was
- be

absolutely necessary that Pearce should be produced. The
cue could not be disposed of without he nude his ap-
pearance.
The case was adjourned to the 16th inst.

ASSIZE INTELLIGENCB.

HOME CIRCUIT.—HErrpoRD, JULY 7.
Mr. Justice Cromwell got through all the criminal busi•
nese this afternoon, and to-morrow (Friday) he will com-
mence the cause list. It is understood that about 16 causes
are entered, two of which are special jury cases.
Thomas Dogby de le Nolte, 70, a person said to be very
respectably connected, pleaded guilty to an indictment for
bigamy.
Mr. Chinnock, who appeared for the prosecution, said he
felt it right to inform the court that there was reason to
believe that the prisoner had been actuated to contract the
second marriage by the mercenary motive of obtaining pos-
session of some property to which the lady he married was
entitled. lie had, however, failed in his object, and the
consequence had been that the prisoner had been guilty of
very hod usage to the unfortunate woman.
The prisoner catered into a long rambling statement re-
specting his former position in life, and he alleged that the
misconduct of his first wife towards him had compelled him
to separate from her.
Mr. Justice Cresswell in passing sentence said that the
prisoner's conduct had been very bad, and under ordinary cir-
cumstances he would not have escaped a sentence of transpor-
tation. It was useless, however, to pea* a sentence of that
description upon a man of his time of life, and he should,
therefore, refrain from doing so, but he should pass such a
sentence as would at all events amount to a severe punish-
ment to a man of his years and position. lie then sentenced
him to be imprisoned and kept to hard labour fcr six
months.

CENTRAL CRIMINAL COURT.
OLD COURT.—YESTERDAY.
nevem Ms. Beane PARKE.
Gabriel Saw Goresl, 44, described as an agent, was
indicted for a misdemearoure in hav:eg unlawfully at-
tempted to obtain money by false pretences from the !onion
Bank of London.
Mr. Bodkin, for the prosecution, opened the ease as one
of au extraordinary and peculiar character, and he said he
believed the tacts would almost be admitted, and that in the
result tle• question would resolve itself into one of law for the
decision of his lordship, and the only point would be whe-
eh, r the prisoner had brought himself within the jurisdic-
tion of en English coutt of justice. He then briefly nar-
rated the facts, and it appeared that the prisoner had ob-
tained a letter of credit for the sum of 210/. from the
banking firm of Duncan, Sherman, and Po., of New Yerk.
This firm were in correspondence with the Union Bank of
Loedan, and also with other bankers in every one of the
principal capitals of Europe, at each of which money might
be obtained upon the letter of credit, but it appeared that
the course of business was that all money obtained from
bankers in foreign cities should eventually be charged by
means co. bills drawn upon the Union Bank, and that that
row any would in the ordinary course pay the whole
amount of the letter of credit. It appeared that in De-
cember last the prisoner presented a letter of credit at
the Union Bank, and in the course of that month he drew
out the several sums of 501., 201., and 301., and at this time
the letter of credit appeared in its original condition, and
reterred solely to the sum of 2101. Tho next that was
heard of the prisoner was on the 4th of January, when he
mails his appearance at Berlin, and obtained from a banker
in that city the sums of 251. and 10/. On the 18th January
revived at St. Petersburg, where ho applied to Messrs.
Wilson and Co., merchants of that city, who were in cot-
reeptedence with the New York house, and also with the
Cnion Bank, and presented his letter of credit, which at
this time purported to be for the amount of 5.2101., a 5
hosing been very ingeniously placed before the 2 in the
• iginal instrument, and in order to avoid suspicion and
glee a character of greater genuineness to the instrument,
the endorsement of the Union Bask in London referring to
the payment of the sum of 501. upon the faith of the docu-
ment, hail been altered to 5001. by the insertion of a "0."
No suspicion, it n;.pcared, was enterteincil of the genuine-
: hoed the instrument, and Mmes. Wilson and Co. at first
paid the sum of 401. upon the letter of credit, the prisoner
taking care not to exceed at this time the amount of the
genuine letter of credit, and it appeared that he then pro-
. retard to Moscow, and on the 21st February he again re-
turned to St. Petersburg, and upon his reinventing that he
was about to purchase diamonds, he obtained from blesses.
Wilson and Co., in two amounts, the sum of 3,7001. The
coarse of procoodiag, it appeared, wee for the foreiga houses

to draw bills upon the Union Bank fur the money paid by
them, and upon this occasion two bills, for the respective
amounts of 2,..)00/. and 1,2001., were drawn by Me,ers.
Wilt** and Co., and signed by the prisoner, and trans-
mitted to London. The fraud was then, of course, dis-
covered, and the prisoner having, it appeared, come to
England, he was apprehended, end be was now charged
with the present ctfence upon the ground that he had, by
en innocent agent, presented the two bills referred to, at
the Union Bank, with intent to defraud them of their
money.
Mr. Robinson, when Mr. Bodkin had concluded his
statement, said that for the sake of reserving the question
of law ho should submit to his lordship, he would assume
that the farts had been eivrectly stated, and he should sub-
mit that under the circumstances the court bad no jurisdic-
tion, end that the ca.e did not come within the statute.
The learned counsel prieeeded at some length, and with a
good deal of ingenuity, to argue in support of the objection
he had raised, but upon concluding,
Mr. Baron Parke expressed his opinion that there was no
doubt of the jurisdiction of the exert.,
Evidence was then adduced which clearly made out the
facts stated by the learned counsel for the 7irosecation.
Mr. Robinsen then took another objection founded upon
the " terms " of the statute, that the evidence negatived
any intention on the part of the prisoner to obtain any
money himself by means of the bills, as it was clear he had
alrean obtained the money it, St. Petersburg, and that he
! had no further interest in the matter.
Baron Parke, at the request of tho learned counsel, con-
sented to reserve this point for further consideratio, if it
should become neeeuary.
Ills lordship then summed up ; and
The jury, without any hesitation, returned a verdict of
Guilty.
Judgment was reserved until the technical point above
referred to undergoes further consideration.

NEW COURT.-YESTERDAT.
Upon Ma &WORMS.

Jame; Wall, 40, marine, wu indicted for perjury.
The prosecution had been taken up by the Inland Board
of Revenue under these circumstances : A man named

Rice, the kreper of a coffeehouse, in High-street, Wool-
wich, being in the habit of selling spirits without a license,
the prironer, who is in the filth Royal Marines was em-
ployed by the excise officers to go to the shop one Sudsy
morning and buy some gin and tobacco, which he did, and
afterwards he made a statement to the officers, upon which
they summoned him, relying upon prisoner making the
same statement before Mr. Trail, the magistrate, that he
had before them, and which they knew to be true, they (the
officers) having seen him go into Rice's shop, and come out
with the gin and tobacco. Pending the time from the
issuing the summons and the hearing, prisoner said that
Rice's people had been to barracks after him, but they had
not. found him, or did he intend they should ; but when the
day drew near for the investigation, he said he was sorry he
had been mixed up with the matter as he should lead a miser-
able life with his comrades in barracks. When before the
magistrate he said he bad no recollection of the circumstance
he had narrated, as he was quite drunk, and that the police
had told him to say what he had. The result wu, that the
iaformation against Rice was abandoned, and prisoner com-
mitted for perjury.
The jury found him Guilty.
The Recorder said that his offence was a bad one, and as
clearly perjury as though he had sworn to a falsehood, in
fact he had done so, for he had falsely deposed to not re-
collecting that which could not have escaped his recollection.
lie should take into consideration the high character he
bore, and, in addition to the imprisonment be had already
suffered (about a month) would order him to be farther im-
prisoned, with hard labour, for three months.

THIRD COURT.—YESTERDAY.
BODIN Ma. RtIBUL GOMM. Q C.

ROUND, ..
The defendant,
gu.T7*--

Sophia Buller, a most respectable looking middle aged
- was indicted for penury.
• who had been out on bail, pleaded not

- -
Mr. W. Cooper prosecuted, and Mr. Rebton defended.
It appeared that on the night of the 20th of Jane, the
defendant, who is a highly respectable woman, was amain
home with her husband, anl when passing along the
Fulham road she saw a party come out of the George
public house ; they were all singing, and two constables of
the V division (348 and 314) ordered them on, and the
result was that the party began :to quarrel, and a man
named Roach was the next d►y taken to the Rammer.
smith police court, where the defendant appeared and
swore that the police bad acted with greet violence, and
had begun the riot, and that one of the officers had drawn
his staff and beat several persons with it. This was denied
upon oath by the police ; and this was the assignment of
he only evidence given in support of the charge was that
of the two officers, which Mr. Rebton contended was
wholly insufficient.
The learned Commissioner admitted that he did net
think the evidence sufficient to go to the jury, and directed
an acquittal.
Mr. Rebton said he had numerous witnesses to the lady's
character.
The Commissioner said that as the case had been settled
in the way it had, he could not hear them.
Mr ;Rebton said he was not satisfied ; the lady had bees
shamefully treated, and the police deserved to bo iadi td
for perjury.
The Commissioner.—No, no ; I can't hear any more.
The case is over. It is not fair.