The Express.
London, England, 1848-11-14 00:00:00

THE EXPRESS, TUESDAY EVENING, NOVEMBER 14, 1848.

had tea preferred setainst them It aliened that the pro-
seewors were a Mr. Lloyd, • MKn ht, and other peofr-
sons ; •d the defendants, who r.
all resided in the town
Stoke-ups& Trost, were *hugged with steslieg some "inhere
ware of the value of 30s. The evidence' before the maga-
teases rather went to prove seam areerviag stolen property,
pert of the earthenware having bees found on the premises
of on. of the defendants. The magistrates had refired bell,
emseeiving that it wee ecessary_ o slake an appllestioe
to snags to edict that object—Mr. Jambe Petro= ob-
served that the tendency of the 11 sad 12 Vie., esp. 78,
was to place the power off
receiving bail M the hands of the
magistrate' only, although there were no tepees words
takine caws the jurisdiction of the eoart.—Mr. Saddleries,
submitted that the act is question only eittended the
scows
of the nrogietrates to admit parties to bail, and in
affected the jurisdiction of that court. The form; which
he would mks the role would be a lisle calling on the
enineers to show moss why they should not adroit
defendant to boil, and for • certiorari to bring ap the dethepo-
sitions in the ease —The court granted the application.
COURT OF COMMON
JOLLITY'', APPRLLANT, V. Rico, 11.111P011011NT.—BCILD-
IRO lINTIRE TO GIVE A TOTS ALTNOOOII NO INTERNAL
CONMUNICATION.—This wee as appeal against the decision
of the revising barrister for Newport, Me of Wight. It ap
peered the appellant claimed to vote as compier of • roach-
house and stable, of the value *llOl., situate in a yard,which
was 'permeated by a eovered-ba gateway. The eseelnhouse
and stable were under one roof, but the doors of rash opened
int, the yard, nor was there any internal communication be-
tween the two beyond an iron rating in the wall. It was
objected there wee not such snout occupation of the °each-
house and stable together its to giro one entire qualification.
The vote wee disallowed.—Mr. Poulain, for the appellant,
coo tended diet the 27th sectional the Bayern Act, 2 Will. IV.,
c. 45, gives sight to vote in the present ease. The question
was whathrt en internal communication by which a
person
might per been the coach-honse to the stable was
esrontial to Mtn that right. It was sufficient to show the
it 40 bundle. were contiguous to and firming part of owe
building maw the same roof. He instanced the cases as to
what minadenesd a burglary, where an internal communiet.
Con was repeatedly held not to be requisite. Mr. Cressy,
for the respeoleat, urged that the caws rashes to Mu-
=Wife MOE applicable. There the protection of the
iotheine wee extended to all buildings within the
some reallege. But the question here was whether the
meanbenes end stable constituted " a building" within the
mseniag lathe Reform Act. Had each been of the value of
101., and been occupied by different persons, there would
have been a vote in ft spec: of each—" Dewlitiest v. Field-
ing," t 7 M. and G., 184 There could not, therefore, be an
emirs cescupatioe of both buildings by one penoo.—The
roust said the case wee free from difficulty. The decisions
with regard to burglary and to poor law settlements were not
strictly applicable. -The question was whether the coach hoe-e
, end matt-
of
indow, but a person one building. There was a commuoicition
by means of • w must go out by the yard,
I Pselele from one to the other. Whether there was a door
hiding from one into the other was not the only test. 'rho
revising barrister was wrong in so deciding, for this was
I dearly one buildiag within the meaning of the act—Deci-
don reversed.
Fos, APPeLL,INT, V. DAVIS AND THORNE, OVRIDIRRRa,
BRIPONDINTEI.—NON•P•TIeIIrr OF AN INVALID Foos.
11•TEI NO DI:irtUALIPICATION TO • SOOT AND LOT VOTRII.
—This was an appal easiest the decision of the rest is bar-
after of the borough of Shaftesbury. It appeared the ate
palest and nine ()then whose names were on the hat had
eaereirod the franchise as scot and lot voter,, but their names
were struck out on the last revision by the revising banister
for non-payment of a poor-rate (made on the Ist June,
1848), under the 33rd section of the Reform Act. The rate
had been in form allowed " by A B and C D, justices
sad anuchwardens of the borough ;" but one of them,
it appeared, was not • justice of the peace. The
rate bad not been anpealed against. Mr. Over
appeared for the appellant (no counsel appearing for the re-
spondents) and contended that this was an invalid rate, it
not having been allowed by two jastioge of the peace, as re.
quind by the 43 Elb et 2. Also by the 17th Geo. 11. o 3,
notice is to be affixed of a rate when allowed by two justices
of the , the sunday after it is made, and no rate is to
be except after sods publication. This ere not having
been allowed by more than one justice was, therefore, null
and void, and non-payment of it could not disfranchise.—The
court were of opinion the vote should be allowed. By the
33rd section of the Reform Act, the rights of voting in I
asronglts were reserved aocordiog to the usage of boroughs'
they were before. The ease feund that the party was en.
titled, except disqualified by nem payment of tee rate in
vitiation. Bat the rate not having been duly authenticated
by the eignaure of the two justices was no rate at all. It
wee tree the act of the magistrates in allowing the rate was
merely ministerial, but it was necessary, by way of authenti-
cation, before the pablicatien of the rate under the statute
of Gee. 11. There was no obligation to pay unless the rate
was duly published,
teethe
could not happen without the
cowrie of two magistrates. The pethe burgeas, llant w
list.—er thefore,
entitled to have his same restored toburgess Deal.
Won reversed.
Coraaaro, APPILLANT V. BARTLETT, RIIPONDIVIT.
RIONT Mratrall OP A BUILDING SOC lIIRTY TO VOTE •••
FaIIIHOLDER FOR THE COUNTT.—This was an appeal from
South Eroe. The appellant was the member of a building
,irolerty formed ander the 8 and 7 William IV. e. 32. It
appeared he had purchased a cottage and garden for 651. of
the yearly value of 81. The purchasemeney was advanced
1 to Mm by the society, in respect of his being a shar,holder,
end he wee to pay an instalment of lb. per month until the
whole 661. was repaid. There was a montage of the land
to the society upon these terms; and in case of the appellant
being In arrest of the instalments rot three months, the
society might enter upon and take the profits of the land.
It did not appear that be mad- default, but ea the value of the
II rod, minus the monthly instilment', was has than 40s. per
annum, the vote was disallowed.—Mr. Berjeant Bylro, fir the
appellant, said the 8 Victoria, c. 18 e. 74, reverts mongagor
in possessiaa aright to vote. 'rho cheese of lb. per month
was* eoar 'agent and tours charge, and here no default
had been mole. Mr. Baddeley contended this was like any
other mortgage, and it was necessary seder the 28 Geo. 11.,
c. 3d, for the mortgagor to make a declaration of • freehold
of the value of 40e —The court was of opinion the vote ought
not to be allowed. It was tinder the starve 8 Henry VI.
c. 7, that a frechnlder of the value of 405., "beyond charges,"
was entitled to vote. By the 28 Geo. 11., e. 36, the free
holder was to make declaration of the value of 405," beyond
charges," which words were explained by that statute to mean
"over and above any leanest on mortgage." did not propane
to give • new right to vote where ',one before existed, but
only to carry into effect the then extoting law, anti the Re-
form Act left the law is this respect as it before stood. Then,
under the statute of Henry VI., upon which the question
tuned, a freeholder must have 401. value, and as the monthly
payment' were to be deducted here from the mortgagor'e
interest, the yearly amount of the freehold remaining did
not leave the necessary qualification. The statute of Vic-
toria in giving the mortgagor a right to vote l,ad reference
only to the quality and not quantity of estate.—Decisisn

COURT OF EXCrimmER—TILSTERDAT.
Ma rams, at Weatannota, Before Mr. Sam mu and a Middlesex

Common Jure.
PRATT e. FLITCUZIL—CaIm Cox.—Thi' was an action
to recover compensation ire daiwigea for an alley d eriminal
conversation with the plaintiff's wife. The defendant pleaded
net guilty. Mr. ffeejeant Bbee and Mr. Addison appeart d
fur the the plaintiff, and Mr. Humfrey, Q.C., and Mr. Ma-
caulay for the defendant.
' Mr. Berjt. Shee stated the case to the jury. He said the
plaintiff, Mr. Wm. Wheatley Pratt, is a young man of a re-
' erectable family, holding the eitawion of a clerk under the
monnissioners of customs, and he now sought the on
Dron're-
medy open to him by the laws of this country, bybringing
this action to recover compensation in damages for the most
serious injury which one man could inflict on another. The
defendant, Mr. Edward Fletcher, has for several years been
engaged in an extensive and lucrative practice as •
surgeon and apothecary at Horton, and it was to be re-
gretted that the result of these preceedings inset be to add his
rat ne to the list, fortunately a small one, of men w,o have
availed themselves of the unbounded trust imposed on their
honourable profession, to destroy the peace of private fami-
lies who have placed confidence in their integrity. The in-
Lamy in the present case commenced in the sick room of
the plaintiff's wife. The defendant, as would be shows,
availed himself of the opportunities which his position as
the family attendant afforded, and the result was that most
miserable of all spectacles—a husband forced into a court
of justice to relieve himself from the intolerable connexion
with an abandoned woman—the herald of his own dishonour.
The plaintiff was married to his present wife in April, 1843.
He was then about 25 years of age; she about 18. She
was the daughter of a respectable farmer, row deceased, in
the atighbourhoed of Bristol. In the spring of the pees et
year Mrs Pratt was confined to bed for a fortnight, and
during her illness was attended by the defendant. The occu-
pation of the plaintiff at the custom-hones kept hint a great
deal from home, and thus prevented his watching the
proems of tho intimacy which had commenced. At the end
of a heleight Mrs. Pratt left her sick-room an altered
woman, Ere began to exhibit an irritability and fretfulness
of tempse, end as indiffen nee to all the plaintiff's comforts.
As was weeny the case the plaintiff was the last to discover
the assess
d ea sits angement whisk he felt to be inereasing.
He enesnemged the hope that this arose from i:=
health, di the film was tom from his eyes by the
kindness of a friend. At the time of these occurrences the
pialatiff sad his wife occupied apartments in De Beauvoir-
square, King land, in the house of • Mr. Marrow; sad it
would be shown, in the course of the evidence, that soon
after her recovery her visits to defendant's surgery, and Ms
visit. to her, not in the knowledge of her husband, or in hie
operbeteuts, but at the end of the garden, and behind a wall,
wan frequent, daily end almost nightly, so much so, that
they were observed and remarked by the neighbours, and
especially by Mrs. Farrow. the landlady of the Louse. Mrs.
Farrow deemed it her duty to Wens her husband of these
visits, who, being somewhat inerodalons, determined not to
say anything on the subject until he saw with his own eyes.
On the 7th of September last, Mrs. Farrow hsving informed
bee husband that Mrs. Pratt wee then down under the
red= wall engaged in conversation with the gentleman
who was in the habit of meeting her, he went out and saw
them in conversation. The result wee, that she returned to
the house in tears and confusion, and entreated Mr. Farrow
ass be say a word to her husband about what he had seen.
S said she should instead, leave the house,
, &mired that her boxes should be immediately
piled up, and a cabriolet called. A cab was so-
ugly called, and Mrs. Pratt 'tot into it, ordering
• Mver to take her leeks " Green Man and Still," in Om-
et, as she dated to Kr. Yarrow that she intended to
&144:1Loveyance at that Maas cm to her brother% at Hen-
an- It would, however, he prove& that she stopped m a
house in
co et. called " The Fathom" @wither*
her luggage consisting cf a large hair trunk, some
beadles, and a ba;ket. She was then traced ta have re-
seeded direct to a coffeehouse called the Portland Coffee-
house In Groat Cestlwehost, ia the hotelthessticed et Os-

md market, ski re elm &eked if she could have a bed for the
night. On being told that she could, she stated that she she
prated her husband to Dome an l meet her in the mums of
the evening or night She then asked for pen, ink, avid
paper, and sat down and wrote a note. which the gave
to a female servant to del at the fire ,n an ad-
joining room. Tile savant did so ; at the same time
reading the note on which were the fallowing words, tt Dear
Edward, Come to-night to No. 2, Great Castle•street, 01-
Kiri-market." Mrs. Pratt then encto.ed the note in ae en-
velope, and having sealed it. she went out, and was absent
about • quarter of an hour. On her retires, she uent up to
bedroom where she remained np till ten o'clock. About
that hour, as the servant was shutting up the coffeehouse for
the night, a gentleman called and inquired it a lady had
Ives waiting, and on being answered affirmatively be wilt
shown up maim. There it would be proved he remained about
ballets hour. and then came down to see it he could procure
wave tea and ether nfreshmente, but as he was informed
that it was too late for this he returned up stairs, and pass d
the night with Mrs. Pratt. Previous to doing ea it would
M proved that he desired to be called in the morning at six
o'clock. Be was accordingly called at that hour, and west
out, hut Tet tweed at elev. n o'clock. when he left the place
will lam. Pratt in • cabriolet, taking her luggage with
than. It "total be shown in the course of the evidence that
the servants at these plates afterwards saw and identified
abs defendant as the tenon who kad parsed the night with
Mrs. Pratt. The learned counsel then called the tvllowing

w;tnesses :
Kr. James Mantel Pratt, a retired wine merchant, dying
at Chelsea, said : I em the father of the pl .m-0 is a
e'erk in the Custom house, in which he has been 16 years.
He precut salary is about 2501. • year. I have been occa-
sionally in the habit of visiting hint and his wile, and always
observed them on the most affectionate terms. His conduct
to her was :particularly kind. The lint time I saw them to-
gether was about • fortnight before her elopement in last
September. They were residing in apartments at Ingleffeld
Cottage, in De Beauvoir square, Kingsland. Mrs. Pratt's
maiden name was Emily Ta)lor. I understood that her
father was a farmer in the neighbourhood of Basted.
This is the signature of Mr. and Mrs. Pratt in the
register of marriages. My wan Is about 33 years of
age. I should Wee Mrs. Pratt to be 24 or 25.—
Cross-examined by Mr. liumfrey: I live at Chelsea, amt have
been there for a month. I have two daughters. My wile
has been dead 4 years. I was not aware of my son's near-
riige till some inoeths after it took place. I think it was •
month or two after that before I became acquainted with his
wife. They Imre living at Camberwell. I mono% say how
long themelivd there probably a year, or a year aud • halt.
I visited there. Ido not know that she left him and
went to live with her mother in Smaersethire. I heard
that she went down into Somersetshire, but Ido not know
when it was. I never heard that she left in consequence of
my son beating her. I never heard my s,n speak of it, nor
do I know how lung she was away. It I. my belief she was
not away a month. My SOD came to say that she had gone'
to Somerietehire. I do not remember that he com.l
plained et her having belt him. Hs might have said I
so, although I have forgotten it. I don't think he did. I
will not swear that be did not say that she left sesinst his
consent. My daughter+ are respectivi ly 27 and 24 years of
me. They ore not here. They w. re in the habit sometimes
el visiting my son. Mrs. Pratt never came to my house for
prometion front her husband. I have • brother Richard ;
his daughter is her. Ido not know from my eon that @lie
had eve taken refuge at my brother's ; I will swear so. My
seta was suspended from his office at the Custom House owing
to his having 'marred debts he could nit pay, and going
through the Insolvent Court. Ido not know a hen he went
through the court, nor where he went after he was sus-
perded. lam not aware that he took lealgirgs at Compton-
atm et, Tavistoek-squire. He lived in Grafton street it might
bell menthe or it might's. 12. He went from the net to Duke le
a.
I es set aware that they were almost without a bed, and
pet execution after execution was in the louse. R. hari op.
plied to me for assistance because he said he was in difficul-
ties. He afterwards lived in Trinity-squire with an attar.
my. Mrs. Pratt did not go to live with her sister on the ad-
vice f th gentlem an. It was against his advi That
mayo benhave early in the present year. She never milled
at my house to say that she wee going. Ide not know how
brag the was away. She left with her own mother. I
My son and she met goon after by accident at my house, and I
were reconciled directly. Ido not know where she and her
smother bed been living. I did not set'my tin while his wife'
was ill. I did not hear from sty son that she went to hoe
motter'e house and took her cousin with her. aly son has a
salary f a'iout 2601. a year. I never knew his wife to be Ia
a state of destitution. She never complained to me or to my
daughters in my presence of her husband's
There did not appear to be any seri -us cause of c ,nsplaint
when they were recouciled. It old not seem s very 'mime
disagreement, for no words took place, and they went away
quite happily together.—By Mr. S rjeant Shea ; Almost ion-
' enediately atter passing through the Insolvent Court my son
was restored to his situathn in the Customhouse.
Mr. C. 11. Powell, parish clerk of St. George's, Hanover-
square, produced the register of marriages.
Mr. John Tillotson Robinson, chemist and druggist,
Clifton-place, Finsbury, mid—ln 1847 and 1818 I wee ni the
employment of the defendant for about ten months at Ros-
ton. I left him two or three months ago. I have seen Km
Pratt at defendant's. About sic months ago she was takes
ill, and was attended by the defendant for about • tertnight.
Since her recovery I have seen her at defendant's four or five
times a week. She came at different times of the day, and
sometimes went into the surgery, and at others remained in
the shop. At different times she has staid an hour in the
surgery. I should say the defendant's practice is worth 3601
a year. He M about twenty-aix pars of age.—Cross-
examined: Mrs. Pratt was living in Weelockaitreet. I have I
seen Mr. Pratt at defendant's. f hays even him lately, and
have been with him •hroe or four times. I saw him at a public
house called the British Lion. I believe I heard him say that
he was short of money. We had something to drink, bat
I eannot say what it was. This was about • week ego.
Some nights before that I was with Pratt at a public-home
'tear Wenlock-street. We drank for about half an hour. I
was not drunk, and cannot say that he was. He was sot
tipsy, but might Wive hod a little too mph. We went and
got a bed together. The bed was paid by Pratt. It was
Is. Got. It was at a pot-house in Wenloeltstreet. We bad
nothing before we left in the morning. 1 cannot tell why
he slept out. It was ten minutes to twelve at night when
we went there. We had some ale to drink. We called at ,
another house before I went home ; I had some porter, and
he some ginger beer and gin in it. At the Briti,h Lion some I
nights alter I cannot soy what we had. I should soy we bad
not a shilling's worth. Hs might have been a little "queer."
I should say it was not on ginger beer. When I left the em
fendaot my time was sot out. In fact, he sent me away :
he would not have me any 1, neer. (Laughter) The coat
I have on belongs to my father. I told Mr. Pratt I should
not like to come into court in my clothes. I mkt a him to
lend me some money, and he said he could not as he had not
enough. I did not apply to him to get me snme clothes, but
to give me a few Matelots to take my clethes out of paws,
and he said he had not enough. He applied to me to come
and give evidence here. I cannot recollect that he said it
Mr. Fletcher had come they might have " ii.ted" it, or that
they might have settled the affair. I have uo doubt
that he said ao, but I cannot recollect whether he
did or did not. Well, I believe he did. I think
I recollect something about it. I cannot soy that
the word " fisted " woo used. I will not swear he
did not. I believe he said something to the effect that if
Fletcher had pat some money in his band he might have
settled it. This was last week. I can't recollect that he
said he regretted that Mr. Fletcher did not offer him a little
money. lie told me he was living at De Beauvoir-square.
Re examined: 1 had no acquaintance with Mr. Pratt pre-
vious to the illness of his wits.
Mr. John Farrow, of Inglefield-cottage, De Beauvoir-
square, said the plaintiff and his wife came to reside with
him about th. 3rd of August. Soon after they came, in come.
queue of something I had heard from Mrs. Farrow, I went
to make an observation in the garden. On that
occasion I noticed a gentleman at the bottom of my
garden, at the back wall, looking up at my. window.
I did not know at the time who he was. I have since aster.
tained that it was Mr. Fletcher. I law a lady come to the
house. She had got nearly to the side gate when alto saw
Mr. Fletcher, and went to him. That lady was Mrs.
Pratt. They met at the east end of the square, and I
"whipped" out of my door and went to the west ride.
(Laughter.) When I went round I presumed they saw me,
for they separated. This was on the 7th of Sept. about 12
cl o'ock. They afterwards rejoined each other, and were to.
gether about ball an hour. After that Mrs. Pratt returned
to my house, es she eases in, at the garden gate, and a
" more grawfuller " little woman I n•. vet saw. (Laughter.;
Yee, gentlemen, she was a graceful pretty little woman—a
real lady with very insinuating manners. (Great laughter.)
I went up to her and reproved her. She went out again, and
about half an hour after a cab came her. he door and she got
into it. She took her baggage with lt consisted of a
hair trunk with a key in it. This key was lent to her
by Mrs. Farrow some time before to open the box,
but it could not be got out again. 1 tied the
box with a cord. The other luggage consisted of a
bundle, some small boxes and • wicker basket.—
I told the cabman to drive to the Green Man and Still, in
Oxford-street, at her request. She toed me she was going
to take an omnibus to her brother at Hecdoes, and to tell
her husband so. The cab drove off. The lint thing I did
was to tall her husband, when he cams home at 6 o'clock,
and he was much &fleeted. Oa the Monday following I
west to the Feathers, opposite Poland-Meat, in Oxford-
Mama, and saw Mrs. Martin, the landlady. I aloe saw a
pgrMt named Grey. In consequence of what I heard there,
I want to the Portland Coffeehouse, in Great Castle-stmt,
Oxford-market, endue the chambermaid, Elisseeth Heath,
end Price, the " boots." In sonseeptesee of what I heard,
I went on the Friday following with Heath to Mr. Flat-
does, and saw Mr. Fletcher in his shop. Heath went in
hake, me, and saw him fast I asked Mr. Fletcher if he
Mew the young woman. Ho said "Yet, I do." I said
im You vi.lail so you ought, and you know more."
I (Laughter.)—Cron I went also to another gen-
%komp. I did not say that he was the man. The plaintira
father and sisters and a gentlemen or two from the Custom-
' bowls sometimes visited him while in my house. I
I saw such affectionate people se Mr. and Mrs. Pratt. I
thought it was quite a hoasymoon. (Laughter.) It was by
Mr. Pratt's deem that I west up to the other gentleman,
with the view of identifying the man I had seen with Mrs.
Pratt.
Mrs. Elisabeth Martin, the landlady of the Feathers
Tavern, Oxfordetreet, odd: Oa the 7th of September a lady
came to may house in a cab. A pang lady wee with her.
She asked me If her luggage could be left, ad I isolated.
It consisted of a hair trunk eneded.with skirls Rot beadle,
and throe or hue small boom. I think AS had a basket.
The things remained in may ladies abed threeimetees of
aa hour.
James Grey, who ossediaally oh es porter at the
" Fealties," said he wseemployed to orgy Gene baggage in
the Melanin( ci Seplissisber, at the rap* et Ow landlady.
Ho took it to the esimaherne la eMaAatrost, about Shy
yards distant 8o ourisi a bodes la nhilo istko lot el

------. -
small bile s, and • wicker beaket. He saw a hair trunk.
which was eared by smother man. A lady seecmpsuied
him to the coffee-house, aad paid him for his troubl..
Blida Heath aid she was in the employment of Mr.
Legge, who kept the Portland coffee-house. On 7th Sept.
a lady came to the house between 6 and 8 with a
trunk, porter. •
She ease on foot. The porter brought • hair
bndle, and some boles. e truk had a key in it,
anud • cord round it. This wasn remarked by her-
self and others at the tone. The lady asked for
a bed for herself and her husband. Witness showed her
a room which she approved of. She then asked for pea,
and ink,
paper, and wrote on the paper, and gave it to witness,
ed:
to dry at the flee in the adjoining room. Witness continu
I took it there and dried it. 1 sae what was written on it,
, and returned it to her. She folded it up in an envelope and
went out—(Mr. Hoare, having objected to the witness
stating what was written on the note, the court allowed the
objecoon).—Tbe examination thso proceeded : I did not see
what she wrote on the envelope. She stsid out about a
quarter of en hour. I did not it, the note in her hand.
After that, she ordered some refreshment and retired to the
bedroom. On the same alight, about ton o'clock, a gentle-
man came. I was shutting up the house. He asked if there
ems a lady waling there I said there was. I have since
wen that gentleman at hie residence. It was Mr Fletcher.
He was shown up to the room, and remained halt an hour.
He then came down, and asked me to go up. I weut up,
an -1 they asked for sometea, which I could not
get. They then came down and had some porter.
Tney returned up stairs, and reseed the night together.
The gentleman went away at 6 o'clock lei the morning and
came back again at it. I hod a good opportunity of seeing
his countenance. He went away in a cab with the lady en
lb* legtoure. I did not know the lady's name. This was
&eat half-past 11. On the Friday following I went with
Mr. Farrow to a house in Cropley-street, Holton. I went
into the shop, end saw a gentleman behind the eeunter. It
was the gentleman who slept with the lady, I have no
doubt, and said so at once. I saw the name over the door.
It was Mr. }lather's.
At this stage of the case, the learned Baron having to go
I to chambers, the further hearing was adjourned till to-
toMorrow (this day).
INSOLVENT DEBTORS' COURT.—VESTIRDAT.
Wore Yr. Commissioner Phillips..
111 RE JAMES iloocur.—This petitioner, • tailor, was op-
posed by Dlr. Lucas fur Mr. Johnsoe, a woollen draper, on
the ground of goods having been fraudulently obtained.
From the evidence of the eoinplair.ing party, it appeared that
the insolvent ordered from him 61. worth of cloth, promising
that it should be paid for, at the very latest period in a fort
night ; at the same time stating that he required the goods
fur the emirate at being enabled to execute a ready money
order, and that if the mesas came into his hands before the
lapse of a fortnight, he would eortainly discharge his liability
to Johnson immediately. Neither ot these promises was kept,
and the creditor proceeded against the insolvent in the County
Court, and obtained judgment against him ; upon which
he immediately filed is petition here. Massy of the aster-
• ions male by the creditor were flatly denied by the inset-
vent—The court said that, looking at the probabilities end
circumstances of the case, credence was to be attached to
what had been said by Johnson. Such bring so, be (rite
Commissioner) should decide that, in netlecting to fulfil the
conditions on which he had obtained credit, and in petition-
ing this court immediately after judgment had been obtained
sta;net him in a county court, tile applicant had violated the
provisions of the act, and no day would be named for the
heal order to be considered.—No day named.

MIDDLESEX SZElSlONlL—Yarrearove.
Baum Mr. Serpent Adana.
ROARING Ft gel LODGINGS —George Abbott, an
attorney's clerk, and Caroline, his wife, were indicted for
having stolen a variety of articles from their ready-furnished
lodgings. It o
hoappared that the prisoners took furnished
apartments in the use of the prosecutrix, Mrs. Simms, 18,
Cottage-lane, City-road, on the 6th of July list, and conti-
nued there till the beginning of the present month. One
Thursday they went out, and as they did not return by the
following Saturday, the prosecutrix, whose suspicions had
been Excited, went into the rooms, when she found that they
had been nearly eripped of their contents. The female pn-
soner returned in the afternoon of the same day, when she
was given into custody. The male prisoner wets
to Hon, and on his person were found 62 duplicates
relating eldetiy to the property taken from the apartments.—
It was clearly shown that the prisoners were man and wife,
and the court therefore directed the letter to be acquitted.
The man pleaded clidress in estenuetion, but it was shown
that he had been in employment at 2.5.1. pre week since Fe-
bruary.—The court sentenced him to four months' hard
labour

POLICE .-1 ZSTERDAT.
MANSION.IIO'JSE.—Ameero Fonoznv. —lllr. A.
M'Kenzie was oh area with having committed forgery to
the *mount of 3,0001.—1 n October, 1846, Mr. Phillips
being about to proceed to America, left with a Mr. White
a power of attorney to draw and accept bills of extharoge in
his name. lie had had several bill transactions with Mr.
Argus Mackenzie, whom he had, previously to his de-
oartare, Wormed of hi. intention, and who requested him to
leave with him (el'Kensie) three or four acceptances
signed in blank, as there might be difficulty in cooing
discaun'ed signed by procuration, end it might ho neces-
sary to rare money during Mr. Phillips's absence, upon
such acceptances. Mr. Phillips consented, upon the under-
standing tl.at the bills wets oily to ha used during his ab-
sence, and that Mr. 31.K.ezie would account with him for
them, or give them bock on his Teem. Mr. lliPliensiet
then produced four stamps without any writing
upon them and handed them to Mr. Phillips, who
wrote SChTOSS eseh*of them "accepted, payable at the our.
mereial Beak of Len ton, E imunot Phillips, and Co. " left 1,
them in the posassion of Mr. M•Keezie, and proceeded to '
America. In the latter end of December, 1846, Mr. Phillips
returned, end after his return three of the four acceptance', I
two of which were dated in November, and the third in
December, payable tour months after date, were presented
and were paid by him. He emitted inquiry to be made of
Ms. Tie, and hail reason to believe, from the remit of
thatinquiry, that three only of the acceptances had been
used, and that the four.h had been destrnyed, and he be-
lieved such to be the c ,se until the 12th of °mob' r last, when
the fourth of the vamps was presented to him for payment
in the form of a hull of exchange, bearing date the 911 s of
October, 1847, purporting to be drawn by Durant
anti M'Kenzie upoa and FCC 'Med by Edmund Phillips
and Co., fur the sum of 3,0001., payable twelve months
I after date, the signature Durant and M'Kenzie, as well as
the indorsement being in the handwriting of Mr. M'Kenzie,
whom Mr. Pnilhpe never authorised to use the Peek on
which the last-named bill was written, except during his ab-
sence in America in 1846. Upon these ground,' and the
statement of Mr. Phillips that the fourth bill had been
drawn, uttered, and circulated without his authority or
knowledge, the late Lord Mayor directed that Mr.
M'Kenzie should find bad to a large amount to appear
and answer the charge. The fourth hill had. it appeared,
been presented from the London branch of the North
Western Bank of India by a clerk in that establish-
ment, and the only persons* new s upon it as
indorsers were thole of " Durant and ZiPKenzie."
and " Robert Cameron ; " and payment was ',chased upon
the ground that the li.ll was a forgery. An action was then
commenced against Mr. Phillips, at the suit of Mr. James
Watson officiating manager of the North-West Bank of
India, and subsequently the warrant was procured against
Mr. M•Kenzie.—Mr. Ballantine, for the prisoner. said that
lookirg at the whole of the circuntatacces stated by Mr.
M'Kenzie le explanation of the transaction, it certainly
must be admitted that his client's conduct was no. de-
fensible in a moral point of view. Neveitheless there were
some matters which he thought would operate aeon dues
concerned in the l'ros...sutiet, to prevent them from pursuing
the comma which they had thought proper to adopt. Tee
learned counsel then re 1. emit t r the numerous large corn ra-
cial transactions in which Mr. M'Keeeie had been from time
to time epesged with ..tr. Phillips, and represented that his
client hied fie d up the fourth bill in the belief that the
amount would liquidate no more than what would appear to
be due to him upon the settlement of the outetanding ac-
counts between them, and at the same time not entertaining
any idea that his authority to fill up the black terminated
before the bill was negotiated. It was certainly not the in-
tention of Mr. ht'Kenzie to commit a fraud when he made
the instrument negotiable, for he had put it into the hands
of his agent, Mr. Cameron, under the impression that Mr.
Phillips was indebted to him to the *mount. He (Mr. Bel-
lantine) considered it to be his duty to put Mr. Phillips in
the position in which that gentleman had formerly been by
handing him the bill; and that everything in the
shape of a claim must be altogether withdrawn. If
Alderman Hooper, notwithstanding all that had been
stated in explanation, censidered that there were grounds
for a commit.al for a felony, he knew it would Its vain to
;dead against that extreme c June ; but if it were considered
necessary to require bail for the charge in any other shape,
security to any swum was ready. The bill, he believed,
had been impounded, and was ready to be delivered up to
Der. Phillips ; and all idea of claim upon that gentleman was
ready to be abandoned.—Mr.M'Kenzie deeply regretted the
course be had adopted, but he really thought it would have
facilitated the settlement of the accounts.—Mr. Miller, upon
the part of Mr. Cameron, the agent in whose hands Mr.
311*Kenzie had placed the bill, at once admitted that his client
bad no claim • and Mr. Phin :or Mr. Watson, oonsented to
relinquish adelaim.—MuClakson, for Mr.Philllps, said that
when the subject was originally placed beton him, he Lad
very decidedly given his opinion upon it as one noon
' which he entertained no doubt. The circumstances in ex-
I planation, however, mentioned by his learned friend had
altered the opinion he had formed of the intent to defraud,
particularly aa Mr. MtKenzie had placed the hill in the
hands of a perm:a who would have Lund insurmountable
difficulties in negotiating it. It appeared to he reasonable to'
suppose that Mr. M'Kerzie's object was to compel a settle-
men' of accounts which were a tasting between him and Mr.
Phillips, under the impression that it would be in his favour;
tied, as the bill was ready to be given up, and all claim
upon his client abandoned, be would leave it to Alderman
Hooper to decide upon the question of going into evidence
in the altered shape which it had assumed. He was
willing, upon the part of Mr. Phillip., to take the bill, but
he denied, upon the pert of Mr. Phillips, that there was
anything whatever due from him to Mr. M'Kenzie.—Mr.
Ald. Hooper said the matter presented • very different face
from that which it bore when the complaint was originated.
At first the trannction appeared to him in a dry, legal point
of view, to SOW under the claw of forgery. It was impor-
tant to exadee in such a ease how far it was the intention
of Mr. Wire& to defraud. The complication of accounts
of whisk he (Ableemee Hooper), es a commereal man was
well able se "Am supplied an aroma in favour of Mr.
M'Kende, wee might have supposed that a balance was
doe to hat rendeedy large to justify the appropriation ;
and there ate a proability, too, that expectation of
compellieg en immediate settlement migh have operated as
an
cha Under all the circumstances, and et the
voter of Mr. 3r/Lansie Need without imputation, he