The Express.
London, England, 1849-11-05 00:00:00

THE EXPRESS, MONDAY EVENING, NOVEMBER 5, 1849.

Wuntaa -07";11101111TIT:

The gent Middlese; term sittings of Michaelmas com-
menced on Saturday. The list contains the average num-
ber of causes. A considerable number of undefended causes
were disposed of.
ELLIS V. KING.—A "Lowe Orrice."
This was an action to recover 301., the amount of a bill of
exchange accepted by the defendant, and endorsed to the
plaintiff. There were seventeen pleas on the record, includ-
ing pleas of no consideration, and fraud and mvin. Mr.
W. H. Watson and Mr. Hawkins appeared for the plaintiff,
and Mr. Ball for the defendant.
The plaintiff is a merchant in the Minorite; the defendant,
a clerk in the Post-office. The bill, dated 26th March 1849,
and payable three mouths after date, was drawn by Henry
King, and accepted by his benther, the defendant. It was
endorsed by Thomas Bailey and 'Co. to a permit named
awaken, by him to George Lewis, then to B. Levy, used by
him to theplaintiff.
George Lewis (who described himself as caging on busi-
ness at 41, Grareine-lane and the City-road, se an eat:-
fioneer and keeper of a loan where small sums are
advanced, from 61. up to 601.) proved the acceptance. The
bill came into his hands the day it was drawn. Bethel
made application to have it discounted, but witness refused
uctil be should make some inquiry. The bill was then in-
dorsed by Bailey, and witness advanced from 13/. to 161., in
two pageants ; but before he would pay more he required
that &token should indorse it. A subsequent payment was
made, bat all the cash defendant had for the 301 bill was
191. 14s. 13d. Witness subsequently received 271. from E.
Levy for the bill.
Mr. Ball, for the defence, contended that the bill was not
indorsed by Bailey to Satchel. He called
Mr. Bailey, a commission agent, in PhilpoU-lane, who de-
posed that he did not indorse the bill to Satchell, but simply
for the accommodation of his friend, Henry King.
Setchell proved that he indorsed the bill at the request of
Lewis.
Mr. Baron Platt told the jury that the indorsement of
Bailey was a general indorsement. In hie opinion the plea
that that was a special indorsement was no defence to the
action. The plaintiff was, therefore, entitled to a verdict,
but he should reserve leave to the defendant to move for a
nonsuit. It appeared that the defendant had only received
191. 14s. 61, but as Lewis bad sworn that Levy bad paid
him 271 for the bill, the plaintiff was legally entitled to a
verdict for the full amount.

The jury, through the [cream, immediately returned a
verdict for the plaintitl for the amount claimed, stating that
they were extremely sorry that the law compelled them to
give that verdict. Ocie of the gentlemen of the jury added
some Tag strong expressions with regard to the witness
- . . .

On the rising of foe court Lewis made an unauconsful ap-
plication to the officers of the court for the name of the jury-
mw, and he followed him out of court, vociferously demand-
ing his name, with the view, as he said, to ulterior pro-
atedinp.

INSOLVENT DEBTORS' COURT.—SATURDAT.
Ix at 01.0941 WILLIAL.—THR HISTORY OF AN
ACCOMMODATION BILL.
This insAvent, a commercial clerk, was opposed by Mr.
Lucas for a creditor, and another appeared is person. It
appeared that the insolvent got involved by an accommoda-
tion bill. To get the lull discounted he paid 61., and, on
being sued he gave a judge's order for 401. for debt and
costs, off which he had paid 101. He had a salary of 80 gui-
nets a year, having had 1101. a year. It was through being
connected with the accommodation bill that he had been
°Mired to petition under the Protection Act.
Mr. Commissioner Poillips hoped it would be a lesson to
him and all other clerks. What Waal's had they to dabble
in accommodation bills ?
The insolvent, to redeem his case, offered to set aside 201.
• year for his creditors.
His Honour was glad he had made the proposal. It was
well that he should know, and others also, that the Frolic.
Lien Acts were not intended to relieve persons who got into
debt in • reckless manner without they did something for
their creditors.
The court granted the buelvent protection so long as he
should continue to pay into court 201. a year, by monthly
payments.
Ix an CAZOLINR HOTISIMAN AND ELIZARITH CATMERINI
PARRIR.—PATIMO OCT A DISTILL& FOR RUNT.
These insolvents, who were partners as dressmakers and
saillians, in Davieratreet,Berkeley.square, were opposed by
Mr. Cooke, kr Morn. Sewell sad Cress, the well-known dra-
pers. Mr. Dowse supported. The insaltemis appalled under the
Protartisa Let. It was *limited that a few digs before they
reddened, as attorney asilanted their debts, rad paid
self upwards el 201. The bill of mate was read in oourt,
and ammismul • good deal of laughter. There was nothing
new Mr the aregiten. It *peered that dewily before they
pollen* a distiese for reativee levied ea their premier,
and by the advise of ea atteesey's *irk they gave a female,
who was in their employ, the wry to pay the cendemna-
ticie of the Semitone, so that she dissold *mar as the owner
of the goods egoist en shim the sellers rigid mho.
Mr. Cadre sell he y6awvadlttreeavmpnem=heak
bat se
handedldom' Lend se it bet ban fa Oben. keeling.
often 'mop to their Mork le weirs* property
=and ender &dram for remL
Mr. Comsaisisear Phillips was el spoils that the Wai-
ves*, had, by larding their debts to bealheNde parted with
their within three =oaths 'Mee dos to the way et
their trade, and therefore the petitions were false and Wald
set be strained.
His Homer thee& that the peen Widen, &wording to
their stateliest, hat beer madly 11.emd ; be was, however,
boned to dismiss the peaks.
The two petitions were aeesrdlagly dissiesed.

TSB POLICE COURTS.
MANSION-HOUSE. _ .

SOIIIIIIIT sr • Esma's Cane=.—Georp• B.Walksr,
clerk in the London and County Bank, who was some days
firo with heeler stolen a 101. Bank of England note
tit th= of kis employers, was brought up for Anal ex-
amination.
Mr. Nam, of the firm of Bush and Kellam, solicitors to
the Comedies, of Beakers for Preload= molest Forgeries
mad Wanda, atteaded for the prosecution, and Mr. Holier
kw the primer.
The 101. note was treed to the shop of Yr. Bailey. •
watchmaker sad jeweller, is New Oastrest, who stated
BM be received It hoes a gendeman who called and par.
lemma a Wet /lag awl Inbred It fa Impasse at 9 o'clock
ems mit*. Me }weft alltimild at the banking-house at
the berm Is the at which the clerks appeared to
alga the book sad est the prima se the party (roes
wist be heti ibs mu.
_ _ _

IresaiWailii-i-diTeTrlte Jeweller allesellad to she
Wane es to the iitettly et the pleeeer. Übe ap pered
le be iamb atihateL Ole reeeenbared, site sell, that a
=MEM saireassed m ma *it heeler
Mb pt deep el ari 104 asp fee Mit; that
the wailliwris id la Oso sift tor uniforming's or ball
ow Met, mai leo soli two to Ibooo words to Ids, oat that
en Omer woo owl mob Illwlb..
MS haw" thy dm andaii lb was

leu•A by him upon the prisoner, disetvered one addressed
to the prisoner by • female, and immediately called upon
her ana found in her postersinn the identical ring which
had bees: purchased et Mr. Bailey's shop, and paid for with
the rot n IW. ante.
Alderman Carden, In the customez7 Wane; asked the
Prisoner whether he wished to ay anything.—Priecuter:
Nothing.—Conuaitted ter trial.
01111.DRALL.

Parma. Cass.—Jai;lVadZareapsotably attired middle-
aral man, said to be very well 'annealed, was charged with
°leasing goods under Mee protegees.
The pimmr was formerly in the employ of Mr. Cniteltley,
the stationer, of Fleststrart. He left cm the =min of the
24th of September, and in the mane of the evening of that
day he sated at Mr. Mitchell's, the pencil case manefae-
timer, of Falsoutquen, and, by repreasatiag that he omit
lamella the entice of Mr. Crutebley, obtained half a doses
pencil uses. Neither money nor cases bad sines been men.
Another ease wee gone into, by which he had imposed upon
Mr. SUM, the statism, of Nemgattestroet. In the middle
of October, he called at Mr. Staith's premises, and card
oases and tablets of the vales of 161. 12s. were estrusted to
him on approbation, he representing that they were for bill
brother, who was known to be a stationer of some respecta-
bility at Lynn, in Norfolk. The relative attended, and with
apparently nook reluctance admitted that he did not mutto-
ns. his brother to procure the goods or even nee his name in
°Maisie( them.
The dorm lent assured the alderman that he got the
goods simply on his own nepoosibility.
Mr. Alienates Metaphor, remarked that the evidence as
yet gave a very different ample:ion to the case, and he
could not do otherwise than leave the prisoner's guilt or
Mamma to the decision of a Jury.
The accused was accordingly removed to Nona", being
fully committed on the two eases.
_ _ BOW-STREET.

Cl/A*OE 01 FOROZRY AGAINST • BARRISTDIA—
Josiph Houston Browne, a banister, was charged with for-
gery under the following circumstances.
Mr. Bony, who conducted the prosecution, having briefly
stated the 4444, which he esseribed to be of a very painful
character,
Mr. John William Oldie, a bill broker, residing at No. 7,
Navaanaterrace, Brixton, was sworn, who said—l know the
prisoner, and bad some money transactions with him in the
year 1848, and in the month of July, an arrangement being
come to between us, he gave the promissory note nroduori,
purporting to be signed by himself and Doctor Gilerd, the
editor of the Standard newspaper, his father-in-law, cos-
jointly Twelve months after date we jointly and severally
romise p to pay Mr. John William Oddie, or order, the sum
of 2001, value received." This was as a security in part pay
mint of monies owing to me, after which I received the letter
produced from him, acknowledging a balance of 1401, in 'da-
tion to the amount of the note in question. Having seen the
signature of Dr. Giffard on several other occasions, I had every
reason to suppose that the signature attached to the note was
genuine, and, under that impression, I paid it to apostle
man, whosued the doctor by action for the amount. Not
personally acquainted with Dr. Giffud, by the per-
et the solicitor in whose hands the case was placed,
I wafted at his house to serve the deelsration, and having
dawn hien the note, he immediately mid that the signature,
peyperting to be his, was a forgery. A few days bark the
prisoner came to my house to nuke an arrangement for pay-
ing the amount by instalments of if per month, and on our
conversing about the bill, I asked him if he had committed
a forgery ; he replied, after some hesitation, "Yee, and if
on go on, I shall plead guilty." I subsequently paid the
money and got back the note, previous to which I gave the
prisoner into custody, the offence having taken place in
Duke's-court, Canyostreet, Liacoln's Inn-fields.
The witness, being cross examined by the prisoner, said—
" I did not hear from Dr. Gilfsrd, whom I had never seen
before, that the signatures to other bills had also bee* far-
gales."
The prisoner requested that he might be remanded for a
week, to give him time for conferring with his legal adviser,
which was granted, and he was removed from the bar.
Y. JIILLIII9.IIPDOURRADS CONCESTII.—DISILIPOTABLE
DISTITZBANCL/.--.Several persons appeared at this court on
Saturday znornong 40101.9147 diargOS of creating disturbances
and assaultirg the polio. at Jullien's concert.
Mr. George Waugh. woo described himself as a student
at law, was first placid in the dock.
It appeared from the evidence of a constable of the A divi-
sion, that at about halt past nine o'clock on Friday night,
after the performance of the National Anthi in at Drury-
lane Theatre, a great disturbance was raised by several
persons yelling, hooting, and screaming, and upon the en-
desvoun dooms of his brother officers to take one of the
" noisy 092/4" into custody, a rash was made in order to
rescue him, and the prisoner at the bar struck him (the
constable) a violent blow on the face, upon which he, with
the assistance of two other constables, took him to the station.
This evidence was corroborated by the other officers, and
The prisoner, in his defence, said that he was carried for
ward against his will by the üb, and his hat knocked off,
upon stooping to pick up which, he supposed his other hand
must have struck the policeman, but he denied that he did
it intentionally.
Mr. Henry raid that it was most shameful that persons
who went to a public pleas of amusement to enjoy them-
selves should be annoyed by the misbehaviour of a few law
persona' who evidently went with a premeditated determina-
tion to make aic is*. He had received several complaints
from persons who had been at the theatre, and who had
been obliged to leave the house on account of the disagree-
able interruptions. He should take into consideration that
the assault was not very violent, and inflict a pecuniary
penalty on the prisoner. If it had been a violent assault, he
should certainly not have given him that chance. Consider.
lag all the points of the case, he mast pay 51., or be im-
prisoned for one month.
There were two or three more cases of the same sort, and
the defendants in each were heavily fined.
The treasurer of Drury-laze Theatre, who was present in
court, stated, in answer to questions from Mr. Henry, that
the house was not invonventently crowded, and that he con-
sidered 11 policemen quite sufficient to keep order.
Mr. Henry said these disturbances must be put a stop to,
and if more policemen were requisite, they should be sent.
WORSHIP-STREET.
ALLEGED BIGAMY AND MISTADIN lussetTeT.--Thonts
Kimbell, a watchmaker and silversmith, carrying on business
in Tottenham court-road, was charged with having felo-
niously intermarried with Sarah Ann Batts, his first wife,
Elisabeth Kimbell, being then and still living. The prisoner
was given into custody at the instance of his wife, who
attended at this court a few days since to solicit the magis-
trate's advice upon the subject, when she stated that she had
been compelled to seek parochial assistance, in consequence
of her husband having discarded her in favour of another
woman, whom he hal estabished in her plate ; and, as she
had subsequently obtained ineentestable proof that be was
actually married to the latter, she was determined to press
the charge against Lim, and proeecute him to the utmost. A
certificate of the first marriage, which was solemnised at the
parish church of Creditor, in Devonshire, on the 16:h of
September, 1840, was produced in court, and Mary Wreford,
the wife's sister, proved that she was a subscribing witness
to the ceremony.
The inidence of the alleged second marriage was then
seas tate, la support of which, Robert Carter, the sexton
of St. MEW, Norton-folgav, stated that he was resent
cis wardaie of the prisoner to one Sarah Ann Betts,
whisk took pLee at the above church on the 29th of No
yonher, 1847, and that he had crisper. d the certificate
peedneed with the original register, and found it to be a
trim espy. The prisoner was married in the name of
Theme James Kimbell, and, although hie voi:e appeared
slightly altered, and hie whiskers not so full as Kenn that
occasion, he felt satisfied that he was the SAM person.
Mr. Sidney, of Hatton. garden, who appeared for the pri-
soner, stated that he was instructed to give a total denial to tb e
charge, which had solely originated in the exasperated feelings
of his wife from whom he bad been compelled, by frequent
acts of misconduct, to eff et a separation ; and, as the best o
of all proof of the remarkable mistake which the last wit-
ness had made in the identity of his client, he had now
actually in attendance the very persona who were married
upon the latter occasion, and whom evidence would at once
convince the magistrate that the sharp was utterly tto-
foundoaL A young man, named Thomas James Kimbell,
who stated hissed( to be an optician, residing i a Cowper-
street, Hatton-garden was then called, and said that he
was married at St. Man's, Norton-fnigate, on the 29th of
November, 1847, to Sarah Ann Batts, who was now pre
sent, and produced a certificate which he received at the
time from the officiating clergyman, and it had never since
left his possession. The sexton, Carter, was a subscribing
witness to the marriage, and that person had also acted in
the same capacity at a subsequent marriage of his wile's
bridesmaid, at which the witness likewise attended. The
witness Carter was upon this recalled, to ascertain if he had
an recollection of the last witness, and he stated that he
had certainly mien him somewhere, but could not sharp his
memory with the particular ocoasioes.
The young woman who had been mistaken for Sarah
Ann Batts, and whe stated that she merely lived with the
prisoner in the capacity of shopworn= was next called, and
completely negatived the alleged fat that she had been
married to the latter; which was also confirmed to some
extent by the sexton, who admitted that he had never be-
fore seen her in his life.
Mr. Arnold said, that after the written* he had now
heard, he considered that the ease had been fully answered,
and he should therefore order the prisoner to be at once dis-
charged.
TILD CUE 07 WILLIAM J 0141111.-117. Rebore KNOWN,
mellow= and furniture-broker, in Great C street,
Hackney-rood, who was charged with unlawfully Wining
a feather-lud, of the alleged value of eight gulaeas (the pro-
perty of AilWa Jones, the working gunsmith whose case
has 'Unclean, much public interest and attention), attended
before Mr. Assad, to Nor his final adjudication upon the
I ttgamags. MISR soar observations from the defendant's
inillit. wits ardinded that no satisfactory proof had been
slimed Oat tot bed taken in execution was set the same
list hal bees pumwed, under the superintendence of his
mss{, bus James premises„ Mr. Arnold briefly reesplts.
I bind the maws ups bath due, than which he was unable
water ragysthra evagadesthea AM the bed seised upon
the mein wee ant Ibe use elikb had been sold at the
mare. ; and, die edge of the complainant's pro-
w" at 61., what beg add at the sale only realised
IL Ilk., he shout oda the defendant to pay the difibrence,
It de., together id& the sob of the wi•newee who had been
werraallyernadeei.
CLISEBNIFJILL.
Rosner AND ATIMPTID JEVIDIR 01 • POLKIF
Bearraar.a.—AseseeKwiphi, othartrie " Meedeidahl Bill,"
aseßiseipleilldag him etamd with ~kg four
mow. aloft ell to drewa Polies-eon-
Ifirarkt,boul'elg-N. &Atm Between
the Ism ell sad 2 o'clock la the Hewitt saw the
pricker web mother =ma, peeeedlng the *der
pelludlie Beira* Owlet Is is Illtsuallksid, kellemblee,
with a Wade Idea with Meet lle mod this, ena
quinine& Um tektite to lits reparty in tisk peowaisa,
WINS thoy mid bbs et& iiiiinekl• *kw. Sall

endeavouring to trip him up, dropped it, and mode off with
all baste. He follswed and seised the prisoner, wl o called
to his eempsn'on to rescue hi.o and drown the b--,
which nquest was complied with by the ruffian, who after-
wards contrived to wake his escape, after • death-like
s toggle of twenty minutes by the side of tie *tor. into
whisk the °Mon was, at one time, throwest and was
only preserved from instant death. as he sup ,by having
a firm hold of the prisoner's neckerchief, • accused bring
at that terrible time dragged back by the other fellow.
Hewitt bravely contended wdb the vagabonds until his cries
stunned to the spot essistants, and the prisoner was_foren-
solely enured.
The worth, machtrate paid • well-merited oompliment to
the witness for his bravery with such desperate and danger-
ores characters, and sincerely trusted that justice would ere
lona overtake the ruffian that was with him.
He inquired if an owner had been fouttd for the geese ?
Hewitt T.. plied that two of them belonged to Mr. Millard,
of Aylesbury-street, Agar-town, fit. Pancras, and the others
to a gentleman named Clexton. Their premises had been
forcibly entered cud plundered of the pr,perty in question
in the night time.
The owners identified the geese, and the r rimier, who, by
the advice ef Mr. Wakeding, the solicitir, reserved his de-
fence, was fully committed to Newgate for the robbery and
attempted murder.