The Express.
London, England, 1848-01-21 00:00:00

points; and therefore he had been compelled to go thmegh
the entire case. The same oonsideratiuns were ticilthle to
the reply. Note single argument which helm' addressed to
the court had been answered by the cones/ Me Mr. deal on
the contrary,their 'peter's consisted of aseurtienwithoat any
proof —of general shwa without one tittle °lnitialise to sustain
it. It lied been said that he (Dr. Addams) incurred the severe
censure of the learned judge of the Consistory Court for the
manner in which he had conducted the case of s Dysart
e.
Dysart." For some time he wee linable to imagine to what
the learned counsel (Dr. Harding) referred; at laat, how-
ever, he remembered that Dr. Lushingtnn did object to the
' introduction of the name of the solscitor for Lady Dysart in
one of the answers of his lordship, and the name was struck
eat, but Dr. Lushington complimented him on the mode in
which the cease had been conducted with reference to the
documental evidence introduced. His learned Mends had
spoken of him as being censurable for makiug himself the
domino liter in the case now before the court. It was true
be had drawn the pleas, the answers, and the interrogato-
ries, but that was the course which he invariably followed
whenever he took an interest in a case. If, in any case, an
allegation were drawn by a proctor of which he disapproved,
he at once knocked it out and drew another; and he should still
continue to follow that course. The learned advocate then
referred to some of the interrogatories which bad been ad
dressed to witnewes produced on behalf of Mrs. Dens, in--
nesting impropriety of conduct on the part of her mother,
Mn. Dickinson, hut which he said they dare not put to that
lady herself. his client had great cause to complain of the
mode in which this cause had been conducted on behalf of
Mr. Dells. Allusion had been made by the learned counsel
now opposed to him to interrogatoriee which he had drawn
bearing upon the connexion subsisting between Mr. Dells''
.family end the learned, judge before whom this cause was
now being heard. Ile had drawn these interrogatories with
e view of briegiog this question ts an Issue. He certainly
had not the power in these courts to challenge the judge ;
but ender all the circumstances of the case he thought that
Sir H. J. Fast might have devolved the hearing of the cause
ea Dr. Lushington. He (Dr. Addams) had certainly spelled
very strong terms to Mr. Hells, his mother, and his sister,
and be was ready to justify them to the fullest possible ex-
tent. A cnmparison had been instituted between Mrs. Stone
and Mrs. Dells, and it had been said that the latter wee ten
timu worse than the former. He repelled the charge.—De.
Jenncr interfered, and said that he had made the awns.
Jon grounded on Mrs. Gcila' own showing.—Dr. Addams
oontended that Mrs. Gel's was justilkil in every part of her
conduct ; every witness adduced, with the sect mon of Mr.
relatives, spoke of her in the highest terms of com-
mendation. Hi r reputation was unsullied; she wee one of
the moat devoted of wives and the most affectionate of
mothers. All the correspondence introduced in the cause re-
jected the highest credit upon her. There was not a single
act of impropriety of which it was even alleged that she had
been guilty. The learned counsel then reiterated his former
coaints of the mode in which the examiner had taken
the evidence, and was proceeding to review the sets of cruelty
charged, when the learned judge adjourned the further hear-
- of the case.

COURT OF BANKRUPTCY.
Before Mr. Condriviener Shepherd.
1:4 RR LYON AND LYON.—ALLRORD 1101:1MRY OP ItAIT.-
WAY Sour.—These baskrupts, who were bill-bracer., of
Birch iu-lane, came up to pass their adjourned last e xemi LI 0 tion
—One of the bankrupts was examined by Mr. Hilleto y, in op-
poeitioo, and stated: I lust leo railway scrip share.. My
clerk loot them; at least I suspect they were stolen. He
first said that they were lost, hut afterwards acknowledged
that ho had stolen them.—Mr. Hilleary : What was that
clerk's name ?—Mr. Lawrence (for the bankrupt) : In jus-
tice to the clerk I object to that question, because it might
be with a view of a conviction for felony.—Mr. Hilleary :
This is • public court, and the name ought to be given, but
I will take it in private. Now, bankrupt, if these were
stolen, why do you state in your balance-sheet that they
were lust /—Bankrupt : Because we bail to joky the amount
of them.—Examlnation continued : Did not know when
they were given to the clerk, but it was shortly before the
failure. He did not give them to the clerk. The clerk took
them from bankrupt's tin box in the office. The clerk was
discharged after that occurrence. Did not give any infor-
mation about this robbery ; and did sot try to get them hack
again by giving notice to the police or any other person.
They were traced into the hands of the person who bought
them. Did not know his address, but thought it
was Capel-court. Took no steps with regard to them.
Mr. Hillary : You advised for the purchase of these shares?
—Yes ; they had been a long time on the market—perhaps
twelve months, before they were stolen.—Mr. Hilleary : I
see in the balance-sheet that Maitre. Hansen and Co. ap-
pear as debtors for 1,40.51. ; they have stopped payment,
and paid the bankrupts a composition of sv. 6d. in the
pound, and that, therefore, is a false statement. Tho bank-
rupts state their capital at 17,0001., in order, I have no
doubt, to look large at the certiticate meeting, when, in
point of fact, 11,0001 of that sum has been paid by relessre,
compaitions, and.failuris, and the real capital is only 6,000/.
—Mr. Lawrence : The balances remained in the ledger, and
were not posted until these accounts were drawn out.—Mr.
Maar, : The commieeioners of this court have decided that
any sta.emet t that is fa'se or irrelevant, her nothing to do
with a balance-sheet.—Mr. Commissioner Shepherd : Then
it is false.—Mr. Lawrence : Yes, while unexplained.
Mr. Hilleary : I propose, your. lionuur, that this case be
adjourned for two months, and I will now show the necessity
of pursuing such a course. From May 11347 to Sept. 1844,
being a period of only four months, the bankrupt paid away
267,0651., and we find that the uncrossed cheques, which we
are not able to trace, amount to no less than C 6,3731 , and
we also find that within lees than a week of the stoppage
the bankrupts paid a cheque of 1,0601. I examined the
bankrupt as to where the person to whom the money was
alleged to have been paid resided, when he maid he did not
know, but that it was somewhere in Hackney ; and upcn
riference to his bankers' we could net find suth a cheque. I
must have time to inquire as to the number of the cheques,
and who received them. The bankrupts also discounted
paper for Goodger and Son, to the extent of 19,0781, on men
of straw. Is fact, your Honour, they were worse than men
of straw, for I sin instructed that one Ostler accepted
to the amount of 2 0001., and another man, who
is not worth 51 ,to the extent of 5,0001. These bankrupts
also took the bills of Messrs. Holditch (who are bankrupts)
to the extent of 8,0001., in which tninuiction some attorney's
clerk was engaged who is a " brass plater." Now, when
such facts as these are apparent, it is highly necessary that
the assignees should have ample time for investigation, and to
see whether these bankrupts are the dupe! of others or are
really dishonest themselves. The moment Lyons went into
the Gazene, Barr, Holditch, and Co., and others with whom
they were engaged, follow suit. There must ho a gross
(rand somewhere. I cannot say where it is, and nothing
but a diligent search into these matters will get any result.—
Mr. Lawrence emphatically denied the allegations urged
against his clients, but, as the official assignee stated that
further time was required, he had no objection.
The other bankrupt was then examined by Mr. Hilleary,
and said the shares were sold to a man in Capel-court. He
has an office, and I will take your clerk and point him out.
—Mr. Hilleary : Will you point out to him the person who
you allege stole these shares ?—Bankrupt : I have forgiven
him. I will state where I bought the shares.—Mr. Hillary :
Well, this is a most extraordinary case.—lt was admitted in
the course of the examination that the box which contained
the shares was open every day, but that the loss was not
known till some few days afterwards.—The Bankrupt then
applied for an allowance.—Mr. Hillary said :Oa the night
before the barskrupts stopped payment they drew out 6001.,
and paid it to trustees, who afterwards took it out (of the
Bank, we suppose), and one of the bankrupts had a policy of
521. a year. He assigned a policy while in a state of bawd-
vency. Some of these clerks had it ; and surely the bank-
rupt had sufficient power over them to get it away. Under
such circumstances, I hope your Honour will only order a
11011111 allowance to be made.—Mr. Commissioner Shepherd :
I will allow it up to the choice of assignees.—After come fur-
ther discussion, the case was adjourned for two months, with
protection.
---

COURT OF EXCISE.
BefOTII Hart Davit, Esq., Vce-Chai anrm, T. Liarrlson, Esq., and
C. Ji Herrin, Esq. .

CONVICTION OF • SOAP MANUFACTURPR.-H. J. Price,
of No. 40, Princes-square, St. Oeorge's-in-theHast, soap
manufacturer, appeared before the court, charged on
an information (with four counts) with sending out from
his manufactory soap not in bars]or parts of bars, that such
soap was of smaller size than Ilb. in weight, end that such
soap had been removed with intent to defraud her Majesty
of the duty thereon. On the defendant being called upon
to plead, Idr. Lewis, in his behalf, took objections to the
form of the information, which, after discussion, were over-
ruled by the court.—Mr. E. Thomas deposed that he was an
excise officer, and surveyed the premises of Mr. Winnett, a
dyer, No. 91, Shoreditch. Ile was near there
on the Bth of September last, and on going by saw at the
door a soap manufacturer's cart, belonging to Mr. Price, the
defendant, deliNering soon at Mr. Winnett's premises. Wit-
ness went into the counting-house, where a portion of the
soap had been placed, and remained till the whole was de-
livered. The carmen then presented the invoice produced,
and Mr. Winnett, sen., paid the amount. Having examined
the soap he drew Mr. Winnett's attention to the fact, that
many of the pieces were ler than Ilb. weight, and were
neither bare nor parte of ban. He took away five or sill
pieces, and went with them to tho Excise-office, and on his
return seized the whole. Cross-examined As a subordi-
nate officer did not feel it his duty to seize the soap in the
first instance before showing samples of it to his supervisor,
but had no doubt whatever that the quantity he first took
was
illegal He weighed three or four pieces under Ilb.
weight inMr. Winnett's presence.—Mr. Winnett, jun., de.
posed to receiving the soap from the defendant's carman.
The man brought an invoice with the goods,which was paid.
—Mr. J. Winnett, sen., said the soap seized came from the
defendant's. It was the sort known as " Dyers' pines,"
for which he paid 41s. per cwt. For bars or parts of bars he
oaid 48e., or 495. per cwt. He remembered the excise
Officer coming on the °nation in question. Saw several of '
the pieces put into the scale, and they were each short of
one pound.—Mr. H. Oliver, excise officer, said he surveyed
Mr. -Price's premises, and he was a maker of mottled soap.
lie claimed and received the allowance of 10 per cent. Had
seen soap of the kind produced there, but frequently found
that it had been removed from the premises. Cross-
examined : Had he found soap removed, it would have been
his duty to make complaint to the board. Had inquired
where the soap was gone to, but never ascertained. Had
spoken to the men, and frequently told them that if he
found it on transit he should nisei : Mr.
Price bad been twice prosecuted for sending eat mg
illegally.—Mr. T. Hawes said he was a soap
residing at Lambeth, and had considerable ex;=hal
manufacture, and tha soap produced was certainly not
or parts of bars according to the wages of the trade.
bar of soap was cut from a slab crossway.—Kr. Lee, of
Regent-park, and other soap manufacturers, gave simile:
evidence—Mr. Lewis then addressed the court, contend*e
that his client had keen most anxious to carry on his burl-