The Express.
London, England, 1849-05-30 00:00:00

EXCHEQUER CHAMBER.—YurzapAy.

Heim TUB Loan Cute Reimer rem Cosmos PLIAS, inmate
COLISIDON PAITMOS. AND COLTMAN. MIL 911.110. Bova, 4WD
JUSTICIS WIOMTILAN, UM. AND WILLIAM&
MOLTONS V. CARROUX.—PLIA OF LUNACY INSUFFICIRNT
TO AZT AUDI A CONTRACT FOR AN ANNUITY.
This case game up on a writ of error from the Court of
Exchequer, and was argued in Hilary term. The plaintiffs,
as administrators to one Thames Lite, deceased, sued the
defendant, Mr. Canon:, who was the secretary of an
assurance society called the National Loan Fund, for a sum
of money paid by the said Thomas Lee in purchase of an
annuity. The jury returned a special verdict, to the effect
fiat Thomas Lee, on the 29th of Angst, 1843, made a pro-
poeal to the society to purchase of them en annuity com-
mencing on the 29th of August, 1844, in consideration of
which Lee was to pay 850 f., which propositlin was seceded
to ; the jury also found that ti proyosal was made on tee
same day for a deferred annuity. which was to accrue in
18133 ; that the several sums of MU and 6i. Cia. 2d., were
paid to the society by Lee, and received by them that
Thomas' ee died in the year 1844 ; and Oat on the 29th of
August, 1843, the day on which the annuity was purchased,
Thomas Lee was a lunatic, and incapable of monolog his
own affairs, but that at that time the society had no know-
ledge of the circumstance.-1 he Court of Exchequer gave
judgment for the defendant, on the ground that as Mr. Lee
was spparently of sound mind, and the officer had, in igno
rustle and bona Ade entered into the contracts in quee.
tion, the subject matter of which could not be rewired,
the contracts could not be set aside, either by Mr. Lee or
his representatives. They ale) held that it was not open
to the grantee of en annuity to set up the want of enrol-
ment against the grantor.
After argument the Court of Error held that on the ob-
jection raised as to non enrolment the decision et the
court below must be affirmed. They took time to consider
the other point.
The court now gave judgment affirming the decision of the
Court of Exchequer, that the contracts could not be set aside
on the plea of knell.

COURT OF BANKRUPTCY.—YEstEsom
817011 NIL COMIUMIONIII HOLIOTD.
IN u Gamow.
There was a muting for the last examination of the bank-
rupt, the principal in the St. Alban's bank. The balance-
sheet is prepared by Mr. Mackillop, and extends tram the
let of January, 1847, to March, 1849.
The following is an abstract

To eapital on Ist Mummy, 1117 CAM 2 19.
Creditors .. ...... —.. „ ....... „....„ ..--„.....„ 1.4114 3IS
Creditors leoldiat:;issistrity
W. Alba'. awl Doak balsams st erollted Vds N
twat, be ast plowable eplast my islata---... 1.410 9 9
Profits and woe, noel* -- PO 1 9
Liabilities . 1,210 4 4

11 4 4

RyaWm, widaird la isillas ... .—.— D 1,468 10 11
Pwwwty la bomber Agleam 613 14 3
Prararty depoilal Is wasfor
=Nl%wane /war still ta Wade of dr Owa,
lawizaoal &lard kr thaw as a
uta1.............. ....... .......--„........—.....
Dr Was —........—.. 3,392 19 1
redmiwal mum - .. „ . 1,142 4 2
Haw owl pinata exposes —.. 1,947 17 3
Law 464.• - .. 315 15 10
Ukraine 4110sesat ..... ......—.. ....... ..... ..„. 302 11 10
Amide' 217 6 0
=siebf guawkie — l7B 13 8
par min 1,110 4 4

£21.401 4 4
An adjournment was ordered for one week, in come•
quince of some partner:hip amounts not tortes been filed
in due time.

THE POLICE COURT&
WORSHIP-STREET.
CHASMS OF POISONISG ♦GAINST ♦ WlPlL—Bliss Seim-
letsberger, s usatly.ettited and rather good-looking loads
woman, was charged with having administered repeated
dons of poion to her husband, Philip Schuisaberger, a
master cabinet-maker, is Austin-street, Bethnal-green, with
Weld to murder him. _

The prosecutor, $ Middle-aged Ommait, mated that ha bad
been married about four years to the primer, by wheat he
bad had cies child, acid with Wenn haled lived upon mo t
affectionate terms until abonttwe yesesdnee, wheel • marked
alteration took pleat in her habits ail demeanour, and she
commenced abeentlas herself tam hew at repeated inter-
ale. and en. irely molested her denials deities. In spite of
his reatonstruess, sit persisted it Ike *re excuse of tom-
duet, until ablest sit ma*. elm *ma his bed*, which
had been premise* psi, beams tadirsly impaired, end
be experiensed She sad etends*. Maud pans, accom-
panied by frequent sickness sad a seelillity seseaties it his
three* aid ale& TOll4ll symposia. his... mom* more
sePayslide PoligabilY alter bathelle***— at' wail
oks itimon.r. At leattoArb hair
it of heal, and he wee wok elosssae
mow mbich was followed by ote eet' ingelosie. Re
bed tee • leen time erpid that Ids
ilibmerif be* 4,16-
11=ag of a teletseicus *Visa
oha by his ; Oa* etesk. 111

order to scitisly his misp'clons, he entered the Noe Amex-
pectodly while she wee preparing the tea, when she belay
removed the cup fanned for es we to that pert at the
table where she was seated. Witness immediately atomised
thzteiz, aid finding that It contained some white Powder,
p y dissolved is a small quantity of tea, be applied •
patties of it to his tesgae, on which it left • strong aerid
and premed the same sickeniss esasation that he
had Webs btdtn eperinstail after his meals. Oa cent-
mmeiesiting We diseemiepla the paisoner, aad Intimating his
empleisas of kar endue. ohs replied, that if he had foetid
espffsles ia the sup, It must have bets placed Ours by the
dill • bat he told her that that was impossible, as he had
sees lie take the cup free a shelf, which the child could not
MIMIC Oa the following; morning, defog the absence of
the prisoner, be made • chute search is the betimes, and
at length dismenekeeneseled between tw• boxes, a packet
containing eons vies powder of the same app arenas and
tcste as that he bad found is the teacup. The prisoner
shorty after returned, and upon showing bar the powder
and inquiring what it we, she said that it was only salts of
prunelle, and urged lint to throw it in the fire. lie retained
possession of it, however, till the following day, when he took
it to Dr. Ryan, who pronounced it to be composed chi. fly of
snooks. On his retain home she became greatly agitated,
and said. " Yon are not dead yet, although It is true I have
given you poison, and Ood forgive me for it." On the same
evening her father called, end the moment he entered the
room the prisoner hastened towards him an.i exclaimed,
" They've found me out, and got it all clear against me ; for
Clod's salts take me ender your protection." Witness then
apprised her father of her conduct towards him, but he ex•
pressed his incredulity, and conveyed her away to his own
residence. Witness and his brother then proceeded to make
a stank, end at the back of • drawer used by the prisoner
in the bedroom they found a quantity of powder of the de-
m:Apnea mentioned. The prosecutor added that at the com
mencement of his to when he complained of the dreadful
pain he was suffering, the prisoner told him that all the heir
would fall off his head, and that he would be sure to die.
Wilhelm flobulenberger, brother to the prosecutor, gave
corroborative evidence. _ _ _

~sergemt Holly, of the
H divirion, deposed to the apree-
bona= of the prisoner at her father's house on the preced-
ing evening, and stated that upon explaining the nature of
the charge, her only remark was "He is a wicked mesa"
The sergeant then handed to the 'magistrate two certificates
from Dr. Ryan, Problem of Obeisistry at the German Hoe.
pltal, Dabton. to the ailiserimg sleet: " May hereby
certify that I have exambeed the militants of a small pasha
placed may hands for the papule by Philip Schidembeeger,
and find that the whale emniklrystalline matter within it
oonsbts of common salt and arsenious acid, or the white
arsenic of commerce." "Hay 18.—Philip Sobulenberger
applied to me a week ago for medial advise, and from the
nature of his symptoms I believe that be has been labouring
under the poisonous effects of aosnie.—Jon. RYAN, 31. D."
Mr. Vann, who attended es behalf of the accused, aid
that as the ease was one which mast neoresaily undergo a
further investigation, he should reserve the defence for •
future ocamion ; and the prisoner, who had her child in her
arms, and exhibited an entire absence of emotion throughout
the exendastion, was ordered t' be remanded for the comple-
ties of the evidence.

FATAL FASTIYIL —T gm len— named Somerton and
Hniabiley, labourers, were placed at the bar on a charge of
havfogcaused the death of William Nutt, also a laboring
MAL

Police-constable Rateliff deposed that, having been
informed on the preceding evening that William Nutt bad
died in Guy's Hospital, in consequence of an injury he re-
ceived on Sunday evening, he apprehended the prisoner
Somerton. Knightly came to the station-house and delivered
himself up, saying he was willing to abide any charge that
might he preferred against him. From information which
Ratcliff had since obtained it appeared that on Sunday
evening last the prisoners, the deceased, and others were
playing at " leap frog," in Edward-street, Camberwell.
In the course or the game, the prisoner Knightley pushed
the deceased, and the latter fell over Somerton, who was in
a stooping position at the time. The deceased fellapon his
head, and raising himself slightly from the ground, ha ex-
claimed, " For God's sake, go and fetch me a doctor, I am
dying." These around him thought he was manly seised
with fits, which he bad been subject to; but observing that
he was not able to move, they carried him to Guy's Hospital,
whore, upon examination, it was (cued that he had received
a severe Injury of the spine. He died about noon on Mon-
day. Ratclifi added that there did not appear to have been
any animosity or bad feeling existing between the parties ;
and the unfortunate affair, from all he could learn, had oc.
curved without any intention to injure.
The prisoner said the statement of the ofilcer was perfectly
correct, and they were truly sorry for what had happened.
They were remanded to the following (this) day, to know
the result of the coroner's inquiry._