The Express.
London, England, 1846-11-04 00:00:00

COURT OF COMMON PLEAS.

l(Sittings in Banco.)
This morning Sir Thomas Wilde, as Lord Chief Justice,
and Sir E. V. Williams, as one of the Paisne Judges of this
Court, took the oaths of allegiance in the usual form.
DAWSON r. MORRLSON.—LIABILITIRS or PROVISIONAL
Commrrrsamsrc—Mr. Serjeant Shee applied for a rule to

show cause why the verdict in this case should not be set
aside and a new trial had, on the ground that the verdict was
against evidence, and also on the ground of misdirection on
the part of the learned judge. The case was tried before
Mr. Justice Coltnan at the last assizes for the county of
Surrey, when a verdict was returned for the defendant. The
plaintiff brought his action to recover the sum of 4961. for
advertisements which he, as an advertising agent, had in-
serted in certain newspapers, on behalf of the Oxford,
Whitney, Cheltenham, and Gloucester Independent Exten-
sion Railway Company.. Of this company it was alleged
that the defendant was a provisional committeeman, and
evidence was given to prove that previous to the date of the
first item in the plaintiff's bill, the defendant was frequently
in attendance at the office of the company. It was also
proved that his name was in the list of provisional commit-
teemen, and that the first prospectus containing such list
was lying about the office which the defendant fre-
quented, between the sth of September, and the 3rd
,of November, during which periods the advertise-
ments in question were inserted. The prospectus referred
to contained a list of the provisional committee, in which the
defendant's name appeared, and also a list of the provisional
committee of management, in which the defendant's name
was not included. The prospectus purported to set forth
the title and objects of the company, and it went on to state
that until the parsing of an act of parliament the affairs of
the company should be under the control of the committee of
management, who should also have the power of allotting
shares. He (Mr. Serjeant Shee) contended, that although
the defendant was not a member of the committee of ma-
nagement, but only of the general provisional committee, he
was nevertheless liable, inasmuch as the railway company
was composed of the provisional committee, who had power
to give authority to others, and inasmuch as a letter was pro-
duced, which purported to be an application for shares, and
in which the defendant was referred to as one of the direc-
tors, he himself acknowledging the fact by writing the words
very good, James Morrison," against the reference. The
questions left to the jury were, whether the defendant had
authorised his name to be used as a provisional committee-
man, and whether, supposing he had given such authority,
he had also empowered the managing committee to pledge
his credit as one of the directors. He (Mr. Serjeant Shee)
submitted that the latter question was one of law, and ought
not to have been left to the jury.
The Court was of opinion that inasmuch as the question
involved in this case was not one of liability to be decided
upon the mere construction of the prospectus, but upon
other facts, such as the evidence of a letter, the learned
judge was quite right in leaving it to be decided by the jury.
On this point, therefore, there was no ground for a rule; but
considering the importance which the public attached to the
settlement of such questions as the present, and the necessity
there was for giving them the most careful attention, the
rule might go upon the other ground, viz., that the verdict
was against evidence.—Rule nisi granted.

COURT OF BANKRUPTCY.
Before Mr. Commissioner Shepherd.
Tan Pai Rum—John Badman, an insolvent licensed
victualler and pugilist, known also as Johnny Walker,
came up for an interim order.—He was supported by
Mr. Duncan, and opposed by Mr. Buchanan, on the
ground that the petition was defective, inasmuch as he
had not described himself as Johnny Walker in the
petition.—The insolvent, in examination, said that he was
known amongst all the tradespeo .le as John Badman,
but was called Johnny \Va:ker in the sporting world
owing to his having performed some pugilistic and pedes-
trian feats. All the debts were contracted in the name of
John Badman. He had made boots, and had given lessons
in the art of self-defence.—After some discussion, the case
wan adjourned to make an amendment in the balance sheet
Before Mr. Commissioner Ifotroyd.
Tan ArevioN THIDE.—R. H. Evans and C. Evans,
extensive auctioneers, came up for certificates.—Mr. Duncan
opposed, as counsel for the executors of the late Sir Charles
Bagett. The debts were 3,000/. and assets 5001. The ex-
penses were no less than 15,0001., and the profits 8,0001.
The bankru?ta had to sell the library of the above-named
gentleman in 1811. They sold it for 1,1001., and mis-
appropriated this money to their own use, except a small
amount. He (Mr. Duncan) submitted that the bankrupts
had been guilty of reckless extravagance, and if the senior
bankrupt was not guilty himself, he ought not to have
witnessed the guilt of his sons—Mr. Lewis then opposed on
the ground that the bankrupts had misappropriated the pro-
ceeds of the sale of Professor Hurwitz books. R. H. Evans
had been a bankrupt in 1810, and now came here on his own
petition. These were the real facts of the case.—His Honour
said that he should take time to consider his judgment.

CENTRAL CRIMINAL COURT.-YESTERDAY.

OLD COURT.—Before the Recorder.
The grand jury came into court this morning, and re-
ported that they had concluded their labours, after a very
protracted sitting, this being the eighth day on which they
had assembled. The foreman handed in the following pre-
sentment, which had been agreed to by the grand jury :
The grand jury dr-dre to present to your bonourahle court that the
accommodation afforded to prosecutors and witnesses on attendance
upon the grand jury, is wholly inadequate, both with regard to the
convenience afforded to such parties, their grade in society, or condi-
tion of health and stivnirth, while the public business is tilk.tructed in
consequence, and the Vane of tile grand jury unnecemarily wasted by
the almost excusable absence of witnemes, and delay from the want of
free ingress to and egress from the court, and the grand jury beg,
therefore, to present that It is expedient that further accommdistion
for prosecutors and their witnesses in attendance before them should
be provided by the neat session.
The recorder said he would take care that the presentment
should he placed in the hands of the proper authorities, and,
rfter a few remarks, he discharged the grand jury.
A limn RELATION.—Peter Hogan, 27, carpenter, was
indicted for stealing a purse and 300 sovereign., the pro-
perty of Bridget Walsh. The prosecutrix had kept an
eating-house in Limerick and had saved about 6001., when,
at the instigation of the prisoner, who is her cousin., she
came to London, intending to invest her mone- in the pur-
chase of houses, and took up her abode near the prisoner's
residence, and he was in the habit of visiting her; they
were on very friendly terms, and he was aware that all the
money was in a box in her room wrapped up in different
parcels of brown paper. On the day of the robbery, during
the absence of the prosecutrix, the prisoner was seen to go
into her room, and soon after he had left the house it was
discovered that a purse and 300 of the sovereigns had been
stolen. The prisoner was taken into custody a day or two
afterwards, very drunk, when 175 sovereigns were found in
his hat, and a purse was also found in his pocket which the
prosecutrix swore to as the one taken from her box with the
money.—These Acts having been fully. proved, the jury
found the prisoner Guilty, and a previous conviction for
felony being proved against him, he was sentenced to be
transported for fifteen years.
THE LETTER-STEALING CASE.—Mr. Bodkin applied to
Mr. Bullock, who took his seat upon the bench after the last
case, to order a person named Kernot, who was under pro-
secution by the Post-office for stealing a 51. note from a letter
that had come into his custody, in his capacity of postmaster,
at Rayleigh, in Essex, to enter into his own recognizance to
appear and answer any charge that might be preferred
against hint, when he should be called to do so, under these
circumstances. The chief witness in the case was a gentleman
named Osborn Chambers, who had transmitted the note
from England to Boulogne, where he resided; and upon a
personal application being nside to him by. Peake, the officer
of the Post-office, to attend the prest at sessions, he had sent a
letter to the solicitor to that establishment, in which he stated
that haring learned the prisoner had a wife and large family,
and that he had lost his appointment of postmaster, he had
resolved not to appear as a witness against him. The learned
counsel said that there was no chance of making out the case
without the evidence of this gentleman, and under the circum-
stances, he had to apply to the court to order the defendant to
enter into his own recog, nizances to appear at a future time,
in case circumstances should arise that would induce the
prosecutors to consider it advisable to call upon him to do
so.—Mr. Parry opposed the application on behalf of the
prisoner, on the ground that there did not appear to be the
least probability of the witness attending to give his evidence,
and that therefore it would be a great hardship upon the
accused to call upon him to enter into a recognizance, and
suffer the annoyance of having the charge. kept hanging
over him.—Mr. Bullock expressed an opinion that the ap-
plication ought to be granted under the circumstances, and
he ordered the defendant to enter into a recognizance in the
sum of 251., to appear at the court and take his trial, if he
should receive a notice to that effect.—The business of the
session concluded about three o'clock, and the court then
adjourned to Monday, November 23.

MONEY MA IIKET.
TVV.4I,AY EVENING.
The funds have been with inconsiderable variations
during the day, and with no tranuictions of importance.
Consols, at the close, were 941 1 for money, and for account,
911 to 1; the market dull, and with rather a declining
aspect. Reduced Threes, 931 to Three-and-a. Quarter
prr Cents., 9.5 i to 1. The government broker took 5,0001.
Three-and-a-Quarter per Cents., at 951 for the savings banks,
and 1,2001. Three per Cents. of 1726, at 94, for the national
NEW 001ST.—Before the Common Ferjeant. debt. Exchequer-bills, Gs. to 10s. prem. India Bonds, 20s.
Aesarvr AT Enia.—john Powell, a sailor, was indicted to 235. prem. Long Annuities, 9 13-16 to 1. Bank Stock,
for assault-19r Captain Moss, on board the ship John Dalton, 2011 to 51. India Stock, 255 to 7.
and attempting to stab him with a knife, on 3rd of June. The monotony of the foreign market, which bas long been
A quarrel arose between the prosecutor and defendant, in so quiescent a state, was diversified to-day by the disco-
which ended in a struggle, and, the ship giving a lurch at the 1 very of certain fprged Mexican bonds said to be in circula-
time, threw them both on 41,,e1t. The captain then went it to tiro. Some years ago, it will be remembered, a person of