The Express.
London, England, 1847-07-28 00:00:00

COURT OF BANKRUPTCY.

Before Mr, Cornell-stoner Holm-O.
IN RR A. SOOION6.—AN OLD FlAT.—This bankrunt, de-
scribed as of the Strand, toiler, having now returned from
Holland, at which place he bad been for some years past.
came before the court upon application for his certificate,
the fiat having been issued as far back as the year 1524.
, Ilia Honour observed, that if it was the Simmons ho recol-
lected in the year 1824, there was no wonder about his not
having applied for his certificate much sooner, and he was
not aware that he bad passed his last examination.—The
bankrupt swore that he had.—Mr. Lawrence, for the bank-
rupt, said that there was a great difficulty in this cue, inas-
much as the proceedings were lost. Every possible inquiry
had been made for them but they could not be found.—He
Honour said that there was no evidence of the bankrupt's
having passed hislastexemination,and his Honour's difficulty
in the case arose in consequence of his own recollection of it,
in which thousands upon thousands of pounds were involved.
—Mr. Lowrance then inquired of the bankrupt what was the
amount of his failure ?-1 he bankrupt replied about 20,0001.,
and there was more than that sum due to him.--His Honour
said that when the bankrupt was desired to hand over •
large amount of property he stated that his brother had got
it. It all vanished, and there was not • farthing of assets
for the creditors.—Mr. Lawrence then asked if he bad filed
a balance-sheet ?—The bankrupt raid that he had, and passed
upon it —His Honour said he could not certify things of
which he knew nothing. The bankrupt, the learned com-
missioner remembered, had ordered Manchester goods to an
enormous amount, brought them to London, and they all
vanished to the brother, who resided In a room on a fourth-
floor of a house, paying rent at 2s. ed. or 3s. a week, and who
was not forthcoming ; but the goods wall said to have been
sent to Holland, and they were never accounted for. He (the
learned commissioner) was convinced that Simmons did not
pale, and that the last examination was adjourned sine die.
Under such cffcumstinees he must decline to sign the certifi-
cate of this bankrupt. He considered that Simmons bad not
made a full and true discovery of all his estate and effects.
—Refusal to sign the certificate accordingly.

ASSIZE INTELLIGENCE.

HOME CIItCUIT.-MAIDSTON!, :ULT 26.

Civit Sum—Bents Mr. Baran Parke and i special jury.
EDWARDS AND ANOTHER, ASSIGNEES, v. COOPER.
ILLEGAL SEIZURE OF BILLS IN EXICHTION.—This action
was brought by the assignees appointed ender • fiat of bank-
ruptcy against Thomas Young, nominally against the de-
fendant, who is the sheriff of the city of Canterbury, to re-
cover • samba, of bills of exchange, amounting in value to
between seven and eight hundred pounds, and which bad
been seised by him under an execution prior to the beak-
ruptcy. It appeared that in 1841 a person named Thermal
Young, who at titration lived in London, married • widow
named Mutton, a currier, at Canterbury, and he proceeded
to carry oit the trade milli 1846, when he became ember:
reseed, and one of his creditors took proceedings in bank-
ruptcy menet him. At the time of the marriage a Mr. Le-
pine, a watchmaker at Deal, and who, by the marriage, had
become Young's brother-in-law, stood in the position of a
trustee for some money that was invested in the business;
and he held a judgment as security for the payment of that
money. It appeared that directly the creditors began to take
proceedings to make Youngs bankrupt,he went with Lepine
to a person named Russell, who acted al • sort of law-
agent at Deal, and upon the representation that Young
owed hint 8001. for money advanced, and for in I 0 U, pro-
ceedings were taken at the instance of Ruled! against
Young, and no defence being offered, judgment and execu-
tion was obtained. Under that execution, and the one held
by Lepine as trustee, the whole of the stock in trade, fur-
niture, and every ether vestige of property, was swept away,
so that the other creditors did not get a single farthing under
the bankruptcy. 8o effectual were the proceedings of the
parties to realise every vestige of property, that ire order
to render the book debts, which were to • very con.
eiderable amount, available, they induced the parties, in-
stead of waiting for the usual period of credit to expire, to give
bills of exchange for the amounts of these respective debt.,
payable at a. long date ; and as it appeared that it was a pro-
ceeding contrary to the custom of the trade to give bills of
exchange under ouch circumstances, the parties who objected
to it were induced to consent by haring in some eases a por-
tion of their debt struck off, and in others an extended period
given them for payment, and in the result the whole of the
debts were transferred into the thane of bills of exchange
and placed in a cash box. This box and its contents were
seised by the sheriff under Lepine's execution ; and when
the other creditors Came in they found that nothing remained
for them. An application was made to the sheriff to give
them up to the official assignee, but he declined to do no
under the indemnity of the execution creditor, Lepinc ;
and the present action, therefore, although nominally
bronibt against the therik was in point of foot intended

to try the question whether the proceedings between
the bankrupt and his brother•in-law, with regard to tho
alleged debt due to the latter, were bona fide ; or whether it
wu not • fraudulent arrangement, made fur they:repose dm-
curies all the bankrupt's-property to his owe family and con-
nem:ions, in fraud of the other. auditoes.—blir. Chambers, at
the close of the plaintiffs' case, took some legal objections to
the form of the union, but they wero over-inlaid by the
court ; and he then made a long and energetic address to the
jury, for the defendant, urging that the transaction was hone
fide, and that he had merely exercised his just legal right,
and that there wu no evidence of anything like fraud in the
transaction—Mr. Beron Parke haring gone through the evi-
dence, the jury deliberated fur some time, when t►ey re-
turned a verdict fur the plaintiffs, the amount of damages
to be rendered nominal upon the bills in question being
delivered up.

OXFORD CIRCUIT.—SIittEWSBCRY, JULY DI
The pre: ure of business at Stafford detained the learned
judges until a late hoer on Saturday ; the contequenee was
the c,mminions were not opened here until the evening was
far advanced. Both courts sat this morning. On the civil
side there were only three causes entered. The calendar
contained the names of 30 prisoners, el of whom, save G,
might have been tried at the session,.
Caowie COl:la—Before Mr. Justice Coleridge.
THE GAME LAMB.—Joseph Wall was charged with
having, on the 29th day of January last, at the parish of
Acton Round, wounded Abel Martin, with intent to murder
him. On the night of the 29th of January last the prosecutor,
a gamekeeper, in the employ of Earl Granville, found the pi is
sone,. in hismaster's preserves with a pheasant recently killed.
He demanded that the bird should be surrendered. The
prisoner refused, whereupon the prosecutor proceeded to
arrest him for bring in pursuit of game upon his lordship's
enclosed lands. A scuttle ensued; the pronocater struck the
first blow with a life-preserver. The prisoner then inflicted
upon his adversary's head and face several severe wounds of
such a character as to place his life fur some time In jeo-
pardy. Prisoner, however, did not, it seemed, escape scot-
free ; for he was described is the Ilue aid Cry as severely
wounded on the side of the head. On cross-ex ,urination it
came out that Lord Granville was not the lord of the manor,
but hadexercised the right of shooting over the locus in goo fir
some years past; and this was held to show a sufficient prim&
facie right to enable him to authorise the prosecutor to arrest,
under the statute, persons having game upon their persons.
—Mr. Huddlestone contended, on the part of the prisoner,
that he acted se derendendo. The constable was the
assailant. and was shown to have struck the first blow.—The
jury Acquitted the prisoner.

WESTERN CIRCUIT.—Exrren, MONDAY.
Crown Corer—fletere Mr. Jiistkr
CHARDS or PIRACY.—George Rose, John Hartdt,
Richard Thomas Lacy, John 11'1%re, Robert Craig,
Robert IVright, Daniel hl'Lectn, Charles Moffatt, Thomas
Stratton, and James Nettles, were this morning brought up
for trial on a charge of piracy. They pleaded not gritty.
—Mr. Cockburn and Mr. Collier for the prosecution ; Mr.
Poulden and Mr. Rowe defended Rose and Nettics; Mr.
Slade a:peared for Stratton ; Mr. Stone, Mr. Jerwood, and
Mr. Cox for the other prisoners.
Mr. Cockburn, in opening the case, states that the prison-
ers at the bar stood indicted under a statute passed many
years ago, but which was still in force, of a very salutary
character. The act was the 11th aid 12th Will. 111.,
cap. 37, sec. 9, which enacted, " that if any seaman shall
onfine his captain, or shall make or endeavour to make
a revolt. shall be deeo. eel a pirate end a robber."
The punishment, however, in that cane had been mitigated,
sad was now reduced to transportation or imprisonmeid, hut
otherwise the act remained in full force. He would now
briefly relate the facts of the case : Ihe prisoners acre—two
of them mates, and the others mariners, net board the ship
James Campbell, a barque of some 300 tons burden, bound to
Batavia and Singapore. The vessel sailed from Glasgow on
March 6, under the command of William Graham, and
everything went on eatisfectorily until March 29, when the
vessel was off Capes Finiaterro. The wind blew a little
fresh, and the mates and the men were engaged on deck in
the general duties of the ship. Stratton was at the wheel,
and the captain, who was on deck, saw something in his
conduct which displeased him; he, therefore, spoke
sharply to him, and told him to leave the helm and
to go and grease the masts, which the captain thought
was necessary to be done at that time Stratton, instead cf
obeying these orders, as he was bound to do, preremptorily
refused; and therefore the master ordered all hands Liven
deck, and directed the mates to have the masts greased, and
to order the men to do it. The men persisted in refusing to
follow his directions, stating that it was the duty of the boys
to grease the masts, and that therefore they would not. The
captain told the crew that he would put them on short com-
mons. There was some beef cooking fir their dinners. and
he ordered it to be taken aft ; but there was epee( mptory re-
fusal on the part of the men to give up the meat. The cap-
tain—finding that the mates, instead of end, avouring to as-
sist him in promoting subordination amongst the crew, were
rather inclined to encourage them in their misconduct—saw
that he must at once check this disposition to mutiny, or
there would be an end to his authority. He then armed
himself with a cutlass, and again desired the men to take the
beef aft, saying, " The first man who dares to interfere I
will cut him down." The men seeing that the captain
was not to be triflederith, allowed the orders to be
obeyed ; and the steward took the beef aft to the
captain's cabin. The captain afterwards wont into his cabin,
and had Lis dinner. In the meantine, believing he had done
enough to assert his authority, the captain rettrned the
meat to the men, and he supposed that there was an end of
the matter. After the captain had had his dinner, however,
he received • menage, stating that the men wanted to speak
to him on deck. He went upon deck, and found all the men
combined against him. They surrounded him, and one of
them pinioned him, whilst others put handcuffs upon
hies, lashed his legs together, and ordered him trlow. As
the men were treating him in this manner, he :eked the
mates, Rose and Harult, whether they wculd allow him to
be so dealt with. They replied that they couldlit help ir, as
the men had taken possession of the ship. The cap-
tain was then taken into the cabin, which the mats end
steward had previously cleared out, by removing the fire-
arms, chronometers, nautical instruments, &c. The crew
then altered the vessel's course and put her under the com-
mand of Rose. They never removed the irons except once,
end then for the purpose of enabling the captain to change
his clothes; and during the whole time a man was stationed
at the door of the cabin armed with a drawn cutlass. Upon
arriving in Plymouth the crew made some vaiplaint neatnst
the captain, but the tables were turned, and it was considered
absolutely necessary to brier( the prhoners to justice. These
being the facts of the case, the question was, whether there
was any thing to justify the prisoner, in the course they bad
pursued ? He (Mr. Cockburn) need not impress upon the
jury the absolute importance in a country like that, where so
much depended upon • proper management of its
maritime affairs, that the autlimity of wasters of
vessels should be strictly obeyed. After some further
remarks the lamed gentleman added, that the cargo
on board the James Campbell amounted in value to
I between 80,0001. and 40,0001. When, therefore, the captain
saw that the men were disposed to mutiny, and to act in
dishedieses te his commands, ho felt it was incumbent
upset him to put a stop to such conduct, and, if necessary, to
meet his authority by means of force ; and he was justified
is vomiting to arms if the men showed • disposition to law-
lessness and disobedience. He did not, however, strike at
=thei men ; be did not use his cutlets ; and when his
were at last obeyed, he thought no more about the
matter, but considered that subordination was restored. But
after some three or four hours had elapsed, the
men, following, as was supposed, the advice cf Rose,
the chief mate (who had, it seemed, a lurking
towards the captain), came to the resolu-
tion of deliberately taking the ship from the hands of the
captain. The question then was, whether they were justified
in this by any art of the captain such as would absolve and
exempt them from the operation of the established law,
which said that if men shall be guilty of confining their cap-
tain and of seising the ship they shall be punished as pirates
and robbers. According to the law, grievances on the part
of the men would not amount to a sufficient justification ;
and in proof of this he would cite the one of The King o.
Hastings" (Ist Moody's Crown Cases Reserved, p. 82). In
this ease, the court held that " the object of the revolt must
have been to seise the ship, and not merely to redress the
grievancesof which the men complained." Therewas another
end more recent case upon the subject, via., " M'Greepor v.
Lambert" (let Carrington and Kirwan, p. 429). Prom this;
sod*o preceding ease it very clearly appeared that no sup
wall grievances would justify the crew in making a newt.
a sleet, it was dear that nothing short of that immins rat
eed overwhelming danger which would supersede all law
astailljutify the crew in acting ws the prisoners had done.
Met further commenting on the case blr. Cockburn said
bra ahoakt all before them two boys who witnessed the
tzaaaattfas. They were part of the crew, sad their sympa-
thies's* with the crew ; end stave the examination before
thealsithtrato they had been away with the parties who
Maas here to &AM the prisoners, and to uphold them in the
setae they bat pursued. They, theretore, would not be
,akr.t to eeyoueth in favour ci the captain ; but he (Mr.
-arr) allflahrided. they would prose to the satirfaction
~ aid ikupyikeas were guilty of the offence im-
peded to thew Whatar they could make out any care
11110.11 ramalaad to be seen ; and he believed
=it WSW be this—that even supposing throe was any
nal grimness the part of the crew there was nothing in
the waded silks captain which could book fide had to the
conclusion that there would have been danger in allow-
ing him to readatida tie sammand of the ship.—The follow-
invithessee nun then called,

ralUna Graham, etentia—e'd by Mr. Collier.—On the sth
March last I sailed front Gbargew se master of the James
Campbell. She hMenied to the bowie of Macallom and
Co., and to myself. TM crew consisted of IG, including
myself. There were 12 men and 3 boys. All the prisoners
were on board at the time. There was one other, but he
was discharged by order of the magistrates. Rcse and
Harult were the mates, and Nettles was ateward. Rrae
was the first, and Harult the second mate. Moffatt was
the carpenter, and the other men were common seamen,
and things went on smoothly up to the 29th March. We

worn thWt in latitude 42, and bnaiiude 14 We were not
in sight of land, and were about 180 miles from Cape
Finieterre, I think. I was on the deck shout 11 o'clock in
the forenoon, and Stratton was at the helm. About one-
half the crew were on • • d Hose was there also.
Stratton was not pa i •
,; • helm. He appeared
drunk or at•Md,• elf in strange
attitudes, and ,_" . away
from the helm, •• to take it.
Id. Lean came ars 'r , • Stratton went
forward I told • • . "P't: ts. He said he
would outdo it. 'r .4 • • said there were
boys on board the •71 • • • • siewi: his duty. He
said this in a way • "," • When 'I he would not
do it I told him to • ; „isi iiip not more along
I pushed him 'dish. . , y •• • MOS and held up his
fists to fight me, • • . - believe I then
drew nay /amid alight y 11 gag sway
hie. I told the mate Rots to put ids is iron, as 1 did