The Express.
London, England, 1847-11-05 00:00:00

THE EXPRESS, FRIDAY EVENING, NOVEMBER 5, 1847.

learned counsel moved on affidavits which suggested, along
with other matter which the court held immaterial, that •
certain letter which had been withheld from the jury,
because it could riot be shown to be in the handwriting of
the defendant, was, in feet, in his handwriting, and, if laid
before a jury, would induce them to give • verdict for the
plaintiff.—Lord Denman : On that ground you may hare •
rule, but the case must not go into tee list —Rule nisi.
ARCHIBALD O. TATII/11.—MARINE AIRD:RANCR.—Stn
joint Shee moved fora rule calling on the defendant to show
anise why the verdict which had pawed for him at the trial
on two issues in this case, that went to the whole cause of
schen, should not be set aside, and a new trial had. The
action was brought on a policy of assurance of • vessel called
the Active, for • voyage from Bermuda to Sidney, Cape
Breton. The question raised by one of these two issues was,
whether the plaintiff had, when negotiating for the policy,
falsely told the underwriter that by the last *deices the
Active was at Bermuda. The question raised by the other of
the two issues was, whether the plaintiff had kept back from
the underwriter information in his possession material to
fair estimation of the risk. The evidence for the plaintiff
showed advises which, if the latest received by him,
did not amount to a notice that the vessel was at Bermuda, '
but rather raised the conjecture that it was not; and this,
the learned judge told the jury, threw on the plaintiff the
burden of proving that the vessel hod been at Bermuda by
the latest advice' which he had received. It w•e, however,
submitted, in support of this application, that as the defend-
ant had, in his pies, charged the giving false information,
IN w•s bound to prove it directly. With regard to the con-
cealment, it appeared that the plaintiff bad received from
his partner in Sidney, intelligence that the weather had
bees very bad, and that a vessel of the same class as the
Active had been t►rown on the coast, coupled with the
expression of a hope that she was not the Active,
and a recommendation to insure her at once. The judge
thought that this intelligence was material, and ought to
have been communicated; the learned counsel, however,
contended that it was not material, because it amounted to
no more than the mere apprehension of danger. The court
was of opinion th tt both the direction and the verdict were
right, and that the application ought to be refused.—Rule
refused.

The Lord Chief Baron : It appears the late Mr. Lynch had
a pension granted to him, charged upon certain funds in the
Bank of England. The plaintiff treated it CO if it were to
much " stock " standing to Mr. Lynch's credit in the Bank.
Sir F. Kelly : Just so. This is an order upon the as-
countant-general to pay over to the plaintiff the pension
payable to the defendant. I shall maintain that the act does
not at all apply to such annuities as these. The judgment
debtor in this case had no property whatever in the bank,
and had merely an equitable right to be paid the pension
!sought to be charged. The plaintiff has also brought an ac-
tion against the Bank of England for some matter arising
out of snarled disobedience of Mr. Baron Plate's order. That
action having been commenced before the expiration of six
calendar months after the order, was clearly in violation of
the act. Although the plaintiff proceeds at his peril, it might
be just as weU if this rule called on him also to show cause
why the proceedings in the action should not be stayed.
Mr. Baron Alderson: Will an action lie at all? It strikes
me the only mode is to proceed by bill in equity.
Sir F. Kelly : I don't think an action lies. It is quite
clear it has been brought in contravention of the express
I terms of the statute.
A rule nisi was granted.

It was usual for the carriage of the goods to be paid for by
the houses in London to whom the) were consigned, and
Watson was told that if he did not pay for the carriage
of the goods it; would be charged to Messrs.
Brye, Price, and Co.—The learned Judge said he
was of opinion that they ought to have declined ,
carrying the goods without Watson paid the carriage
first. In May the goods are deli dat Messrs. Brye
and Co.'s, and in a letter from the cossignor to those gentle-
men they are told that the carriage is paid. You then wait
until Sept., when finding that your clerk at Dewsbury has
made a mistake you try to recover from Messrs. Brye what
you ought to have received at Dewsbury from Watson when
you received the goods.—The plaintiff's clerk said at the
time Watson owed their house a large sum of money, and it
was solely on account of his saying that Messrs. Brye would
pay the carriage that they took the goods.—The judge said
the very circumstance of Watson owing Messrs. Sutton
money ought to have made the clerk at Dewsbury decline
carrying them without the money was first paid. h would
be hard and unjust to makethe defendants do so, and the cue
must be dismissed.

Thurston, who received the charge at the station-house, ,
stated that the prisoner, while there, strenuously denied ,
having seen the handkerchief, repeating the same statement
be had done in court, and that he had known him for some
time as a hardworking, honest man.—The prisoner's muster,
an extensive nurseryman, also spoke in the highest terms of
his integrity and general good conduct —Mr. Arnold said
that he felt some difficulty in expressing his sense of the dis-
graceful manner in which the evidence had been given in the
first instance, the prosecutor having entirely omitted to dis-
clue his previous connection with the prisoner, and led him
to believe that it was an ordinary case of felony by a com-
' mon pickpocket; and in consequence of that impeeuion the
man had been deprived of his liberty fur four days upon a
scandalous charge, which be telt satisfied was without the
'lightest foundation. Had he known all the circumstances
at the time, he should have dealt very differently with the
case, and should now order his immediate discharge.
MARLBOROUGH-STREET.—RONBERY By A WARE-
IiOUSEMAN.—J. Dentky was charged with stealing 271., the
moneys of his employer. —Mr. Samuel Pratt, upholsterer,
said the prisoner was in his employ as warehouseman up to
the 21st of last month, on which day witness gave him 271.,
and directed him to proceed to Windsor, and pay for some
property which he had purchased. The prisoner did not
return, and witness subsequently gave information to the
police, but nothing was seen of him till last night, when he
was taken into custody. Witness wished for a remand, as,
on searching the prisoner's lodgings, he had found a number
of duplicates relating to property he believed belonged to
him—The prisoner admitted ho got tipsy, lost a portion
of the money, and spent the rest —Mr. Hardwick remanded
him for a week.
WESTMINSTER.—JUVENIL6 RUPPIANIBI4.—.I. Dur-
ken, aged about nine, was charged with assaulting a police-
man.—R. Wright, 39 B, whose mouth and chin were much
lacerated and swollen, said that he saw defendant and five or
six other boys in an unfinished house in Alfred•place,
Bromptoo, and as many complaints had of late been
made of the depredations committed by gangs of boys in
new buildings in the neighbourhood he desired them to
leave the place, which they did, but defendant picked up a
flint stone and deliberately threw it in his face, inflicting the ,
injury he now bore the marks of. He took defendant into
custody, but as he refused to walk he wu obliged to carry
him to the station, and on the way there the boy bit and
kicked him repeatedly.—Mr. Burrell committed him for a
month.
LAMBETH.—Citanoe or ARSON.—A. Marsh was re-
examined, charged with arson.—The wife of Mr. J. Bailey,
a commercial traveller, was called, and, upon being sworn,
deposed that, on the evening of Tuesday week, she left her
house, No. 39, Swan-place, Old Kent-road, at 20 minutes
to 9 o'clock, to meet her daughter, having previously closed
the windows and doors, and left everything safe. On reach-
ing the Borough she met the prisoner, with whose person
she was well acquainted. She was shortly afterwards in-
formed that her house was on fire. She hastened home, and
found that the fire was extinguished. The front room on
the first floor was afterwards found to be on fire.
Oa leaving the house to go to meet her daughter
she left a small fire in the kitchen, but none above stairs.—
Thomas Bullock, a next-door neighbour of Mrs. Bailey, de-
posed that on the night in question, at about 20 minutes to
10 o'clock, he was at his door in conversation with Mr.
Hobbs, a neighbour, when the prisoner passed by, avid im-
mediately after he (witness) entered his own house. He had
not been there long when he perceived a strong smell of fire,
and his wife, on going into the yard, Paw a quantity of
smoke issuing from Mr. Bailey's back kitchen door. A few
minutes afterwards Miss Ralph gave the alarm that there
was a fire up stairs also.—Several witnesses deposed to the
fact of the prisoner being on the spot immediately before the
discovery of the fire, and one said that, on leaving the house,
the prisoner instead of leaving in the usual way by the
front door, and which would have been much the shortest
way, left by the back, so th X he had to clamber ever
two or three high walls to get into the street.—
Inspector Valentine here reminded the magistrate of the fact
that the prisoner, when before Mr. Norton, on Saturday,
denied having been in an omnibus with Miss Rolph on the
evening in question. There was another circumstance
which he wished to mention to his worship, u connected
with the case. In the back kitchen window, by which en
entrance to the house had been effected, there was placed
along the inside sill a number of flower pots, and those, to
admit of a person getting in, must have been removed. That
this was dons there could be no doubt, for on examining
them they were found to be placed differently to the way in
which Mrs. Bailey had left them.—Mr. Games, for the pri-
soner, contended that though the case was not devoid of sus•
picion, yet that the evidence was not such as could possibly
lead to a conviction of his client, and hoped that at all events
his worship would take bail for the prisoner's appearance.—
Remanded on bail for a week.

COURT OF BANKRUPTCY.
Before Mr.Commaeklonsw Fane.
TN RE WILLIAM THOUS.—RECKLESS TRADING.—This
bankrupt, a draper, in Crawley-street, R. Pancras, came up
Duncan.ppaassss hia
M joduor;ed exdamspinot
kith; ground cleat thsuapt9(t'he accrted
ounts
wen were very unsatisfactory, and that his own profits were only
111.—His Honour said that he had never met such a reckless
ease. It was very gross, &no must be adjourned sine die,
with leave to come up again when he was in a condition to
bring up the parties to whom he alleged he had sold 1,5001.
worth a goods at cost price. The learned commissioner, for
his own part, wad not believe such accounts.—Protection
for one month was granted.

MIDDLESEX SESSIONS.
Before Mr. SetMant Adams.—(At Weetra(tutter.)
PATTISON V. A CONVICTION op E. :YaliDLEV.—Neet
OATION OP THE THAMES ST UNLICENSED STEAM, BOAT 9.—
This was an appeal by a freeman of the Company of Wsur-
men and Lightermen of the river Thames against a convic-
tion of Mr. Yardley, of the Thames police court.—By the
act (7 and 8 Geo. 4, chap. 85) the Lord Mayor and corpora-
tion of the City of London were empowered to make certain
by-laws to regulate the navigation of the Thames from
Yantlet creek to Windsor. In pursuance of the power so
eeded a code of by-laws was framed and sanctioned, which
rendered it imperative that every vessel navigating the
Thames between the; above place plying or waiting for hire
should be commanded only by a freeman of the Watermen's
Company, and that the vessel itself should be licensed so to
ply by the said company; and any freeman or other com-
manding or acting as captain of any unlicensed vessel was
subjected to a penalty of 51. for each trip taken by such boat.
The present appellant had commanded one of the Gravesend
and Blackwell steamers (the Railway), which it appeared
had not been licensed, and he was convicted under the above
named by-law, and lined 51. by Mr. Yirdley, and that con-
viction was now appealed against —Mr. Huddlestone, for the
appellant, took some dozen technical objections. the principal
of which was that although the company of Watermen and
the corporation could compel all vessels navigating the
Thames for gain and hire within the prescribed limits to
be commanded by a freeman of that company ; they had no
power to compel the owner of a boat, whether or not a free-
man, to take out a license for that boat, and that they had
now power or authority given to them by the act to exact a
shilling (a. they do) forever} such license so granted by them.
The learned counsel, therefore, contended, that inasmuch as
this conviction was for commanding an unlicensed boat, it
was not valid.—The point having been discussed at great
length, Mr. Serjeant Adams proceeded to pronounce the
opinion of the court upon the question. He said the point
involved a most important and grave question as regarded
the navigation of the river and the pagers of the Water-
men's Company. The company's by-laves enacted that all
vessels plying between certain points of the Thames should
be commanded by a freeman of their company, and
further, that every commander of any vessel so plyin ,
such vessel not having been licensed by the said
company so to ply; should be subject' to and
on conviction condemned to pay a fine of 51. It appeared
that the Watermen's Company now charged a shilling for
every license so granted, and ti.eir right to do so was ques-
tioned. This court was at present of opinion that the corn.
pany, under the act that had been cited, could compel all
vessels navigating the Thames in the manner described to
have a license from them to do a. ; and if the statute gave
them that power, it was but a reasonable by-law which pro-
vided that the owners of such vessels should be subject to a
penalty if they did not avail themselves of that license. The
court considered this to be a matter of such grave import-
ance, that it would not arrive at a hasty conclusion. There
could be no doubt that the corporation and the Watermen's
Company could compel all vessels plying as above to be
licensed in the semis of their owners ; but the court could
not see by what authority a shilling was exacted for that
license. The court would give careful consideration to the
documents and the powers ceded by the act of parliament to
the corporation and the company, and give its further opi-
nion at an early opportunity.

SHERIFF'S COURT.
Before Mr. Under-Sheriff Burchell.
SYtTlf e. Par.—COMPINNATION FOX IN/URI/N.—This
was a writ of inquiry to assets damages in an action to recover
compensation for injuries inflicted upon the plaintiff and his
wife, and the inconvenience and expense to which they had
consequently been put to. The damages were laid at 3001.
The plaintiff wan a chcesemonrr in Mursham.street, West-
minster, and the defendant was the Hnn. Horses Pitt, a
major in the army, and brother of Lord Rivers. On the 2nd
of June last, the plaintiff and his wife were (hiving over
Vauxhall-bridge in a cart, and when within a few yards of
the toll-gate on the Surrey side, they c ime in collision with
the defendant's cab, which was being driven by him at a very
great speed. The shock was so great that the plaintiff and
his wife were both thrown onfiof the',vehicle and veryfseriously
hurt ; six of Mrs. Smith's teeth being knocked out, her face,
hands, and arms much lacerated. Mr. Smith was in-
jured in the back and ribs, and both be and his wife were
under medical treatment for a long time, and Mrs. Smith
was confined to her room till the sth of Sept. Servants had
to b: engaged as well as persons,to manage the plaintiff's busi-
ness in his absence, and the repa;ring of the cart cost
• considerable sum. The plaintiff, besides this, claimed com-
pensation fur the lose of the eociety of his wife, and of her
core and attention in his business.—The toll-collector on the
Vauxhall-bridge deposed to the collision. Major Pitt was
evidently hurrying to reach the railway terminus.—Mr.
William Ruesell Harrison, • surgeon, deposed to the nature
and extent of the wounds inflicted. His bill was 201.—Evi-
dence was then given of the cost of the repair of the cart, and
of the Airing of nurses and attendants.—Mr. E. James,
for the defendant, addressed the jury in mitigation of
damages.—The learned undersheriff, in directing the
jury said they would bear in mind that the action not being
brought conjointly by the plaintiff and his wife, they could
not award any compensation for any suffering of mind or
body the latter had undergone. The plaintiff was entitled
to recover for any loss or expense he had incurred, or suf-
ferings ,he had undergone, and the jury would give him
damages which they thought would cover those items.—The
jury found for the plaintiff —damawn 801.

Jr/MOLL V. BARER.—EVIDRISCR OP SRRVICS NECERSIRT
TO SUPPORT AN ACTION FOR SRDUCTloN.—Serjeant King-
like moved for a rule to show cause why the noasuit which
bad been entered in this cue should not be set aside, and a
new trial had. The action was brought to recover damages
for the seduction of the plaintiff's daughter, who, previously
to and at the time of the seduction and for some time after-
wards, assisted him in his duties of toll-collector. Her inti-
macy with the defendant resulted in pregnancy, and to con-
teal her situatim from her friends, at his instance she went
to Exeter end thence to Exmouth, under pretence of going
into service, and, returning home once for some money, and
for a short time only, she remained at the latter place until
she was deserted by the defendant and overtaken by extreme
destitution. She then wrote to her mother, who went to
her, brought her back, and placed her in the cottage
of a neighbour, where, about three months after her
return, she was confined. The plaintiff paid the expenses
of his daughter's maintenance during the three months, and
also of her confinement. At the close of the plaintiff's case,
the counsel for the defendant proceeded to address the jury,
and had spoken for some minute', when the judge, Chief
Justice Wilde, interposed, sad called on the plaintiff's
counsel to show what proof of actual Inn of services had
been given. It was therefore submitted that there was
proof of actual service at the time of the seduction, and of
loss of it because of the pregnancy, and the consequential
inability to serve so well ; that as the law presumes the fact
of service from the relation of father and daughter, it would
presume the tut of the Ines of service from the removal *1
the daughter from the father ; and that, at all events, the
service had been renewed on the return of the daughter, and
interrupted by the confinement. The judge said that he
th"ught that the da.;ghter had voluntarily put an end to the
service at a time when she was as able as ever to render ser-
vices; that she had net been in the plaintiffs service at all
after her return from Exmouth till the end of the confine-
ment ; that she had discharged, and had not renewed
the relation of muter and servant; and therefore the
plaintiff must be consulted. It was now submitted that this
view of the law was wrong, and that, though it were right,
as the only plea on the record was " Not guilty," no ques-
tion of whether there had been proof of loss of service ought
to have been raised.—Lord Denman : You are entitled to a
rule.—Rule nisi.

COURT OF EXCISE.
ILLICIT DISTILL ATION.—PINALTT OP FOUR II eNDRED
POYNDs.—Thomas Trott, of No.B, Primrore.yrect, Bishops-
gate-street, was charged with having in his possession and
working illicit stills, and also with attempting to remove the
spirits produced from the same, with intent to defraud her
Majesty of the duty thereon.—The defendant pleaded Not
Guilty.—Mr. George Phillips, a surveying examiner-general
of excise, stated that on the 3rd of July last, he went to the
defendants premises in Primrose-street, and since then he
had made a plan of the premises, now produced. He went
into the place marked " Chemical Factory," and examined se-
veral things there. Aliceose had been taken out for that place
(for chemical purposes) fora still to be used there, but he found
no still, but a considerable quantity of spirits in carbos die.
gassed with caustic ammonia. De also found two large
bags of yeast, molasses casks, a quantity of molasses in
an earthen vessel, bottles, &c. The brickwork remained of
what appeared to have recently been used as the setting of a
still. Yeast and molasses are used for private distilling pur-
poses, and not for any chemical use whatever. He saw de-
fendant's eon, who said the premises were let to a person,
named Lester, and said that he held an agreement for them.
He said the whole of the premises were their own, except
the chemical factory and a carpenter's shop let off. He
went again on the Monday, and on going near a manure
heap he found that some boards under the heap, that
had secreted a door, had been removed. He went into the
rooms, where he found two large stills fitted in brick-work,
with casks erected on a high frame-work, all connected with
each other by pipes, so that their contents could be
into the stills at pleasure. He also found a quantity o)1
spirit
in carboys. The furnace-work and brick-work of the stills
were quite hot. Ile drew some of the liquid and plunged
his hand in, which he found at a temperature of 160, which
is a good heat for distilling purposes. The water in the worm
tub was also quite warm, and it was his impression that the
stills had been at work within four hours of hie visit. He
had no doubt the stills had been at work the whole of Sun-
day night, as there were no "low wines," and the stills
were quite exhausted. Believed the spirits were produced
from molasses, but very carefully rectified. He called for
defendant,and asked him how be accounted forthis place. He
replied that he could not account for it, that it was wholly a
mystery to him, and such a place he never dreamt of. There
was no question they were private stills capable of making a
large quantity of spirit, as 800 gallons of wash could he set
to work at the same time.—Mr. F. Pargeter, excise officer,
deposed that, on the 3rd of July last, be went to No. 3,
hlanversetreet, Chelsea, where he discovered a private still
and a retort used for making ammonia, and a mail named
Charles John Lester was convicted of that offence. From
circumstances ',that took place there, he went to Primrose-
street, calling at the office in Broad-street on his way for
Mr. Phillips. He went through a yard up to premises over
which was the name of " Leonard Leighton," who had
obtained a license for a still for chemical purposes. He saw
the defendant, who said the premises belonged to Mr.
Leighton, and, having obtained a chisel, he forced
the door open, and then found the articles de-
scribed by the last witness. Told defendant that
having seized two stills at Chelsea had led them there.
On Monday morning witness went again, and seeing defend-
ant at the gate, asked him whether all was right, to which
he replied in the affirmative. He then proceeded up the
yard, followed by the defendant. They went under the car-
penter's loft. Defendant the* told him to come that way,
leading him over the manure heap, and said, "you will
smell it here." He then removed a plank; when he saw the
corner of a door. He ordered the timber to be removed,
when he saw a door, which was lilted out, and behind that
another door, which was locked and padlocked. Having
procured a crow-bar he wrenched off the padlock, but still
found the door locked, The door was forced open, when he
found two stills, and one appeared to have been recently at
work—he should think within two hours—for he
could scarcely bear his hand in the water. —The
defendant sail he had no idea of each a thing being
there. The spirits found were 53 over proof. The wash
was all worked off. The defendant called his men, and asked
if they blocked up the door, and they said they did. He
then went away and fetched the last witness, but did
not hear what passed between them.—Mr. May, another
officer, was present at the seizure of two stills at Chelsea, and
was left in charge of them while Mr. Pargeter came to the
City. Understood he was going to Primrose-street. \Fitness
went himself on the following day, where he saw the defend-
ant, who, in the course of conversation, end the phce be-
longed to a Mr. Davis, and produced an agreement, with an
address, No. 1, Swan-yard, Thames-street, hut, on inquiry
there, no such person was to be found.—Mr. Taylor then ad-
dressed the court for the defendant, contending that he had
no knowledge whatever of what was going on, and
that he should be able to prove beyond a doubt
that the premises had been let to Mr. Davie—Mr.
Thomas Coomber, of Kingston, said he was at defendant's
house in January last, and witnessed an agreement entered
iato between Trott and Davis for these prernisee, the latter
paying one month's rent in advance.—Mr. Thos. Trott, eon
of defendant, attended to the letting of his father's houses.
Remembered letting a warehouse at the bottom of the yard.
Davis wished to take the premises and came to terms for
them. He wrote the agreement. One month's rent was
paid in advance. Had received the rent up to April last.
Davis represented himself as an ammonia and colour maker.
—Mr. Page, bricklayer, said he had seen Davis, and was
employed by him to set two coppers six months ago. Ile was
paid by Davis. Had done no other work for him. Had
searched for Davis, but could not find him. This witness on
croas.examination said that Davis had gone by the name of
Jones. Had seen him in the chemical works while the still was
going on. Was employed by 'different manta set up the still
in the chemical factory. Had seen the defendant present in
the chemical factory while the still was at work.. Had
worked for Lester while the still was working, and defen-
dant was there, Had also seen defendant in Davis's-place
while one of the stills was there. The cross-examination of '
this witness excited the utmost astonishment —The Court
asked the learned gentleman for the defence whether, after
this evidence, he should think it his duty to go further with
the case. Mao, they would listens to any further evidence
he might offer.—Mr. Taylor said he should throw himself
upon the mercy of the court. —The Court, then, after a few
minutes' consultation, gave judgment for the full penalty of
40W., and condemned the whole of the seizure.

POLICE.—YESTEBDAT.
BOW-STREET.—Gannenro Tasesscriose.—A. W.
Barr, S. Ralfe and W. Brewer were re-examined charged
with conspiring to defrand Mr. J. S. Eerie, from the West ,
Indies, of 1,4501., on different occasions, by cheating him at
cards.—Lewis, an accomplice, stated that he supported him- MONEY MARKET.
self by gambling, like the three prisoners. In the month of July
last he was at the Cremorne Gardens with Barr and another THURSDAY EVENING.
gambler named Carter, when they met the prosecute; The Honiton bank of Messrs. Flood and Lott was
who, with Barr, entered a cigar shop in Little Russell-street, formally reported to-day as having stopped payment.
Covent-garden, where witness and Carter followed
of them, The authorised note issues of this bank were 19,0151.,
and one of the three introduced the subject of cards, which
which less than 15,000/. were in circulation. It is sup-
ine previously arranged with Barr, who pretended to have
no knowledge of the other two. The prosecutor was asked pore
d that the other liabilities are not of considerable
if he would take a hand, to which he agreed ;in consequence amount, and that in result the loss suffered by the
of which the landlord, who had been furnished by them creditors will arise as much, or almost, from the delay
with a pack, brought in the cards. The prosecutor and of winding up, as from the actual deficit of assets.
Barr were partners against witness and his companion, The London agency house is understood to be quite
and, after playing for some time, witness arranged
covered for the comparatively small amount of ad-
the cards in such a manner that the prosecutor
should have a very good hand previous to his laying a heart' vancea they are under. It may be observed that this
stake. Witness was provided with a pack to match thee a Honiton bank has been blown upon, and its failure
they were then playing with, and he changed them to give reported, for some days past.
the prosecutor the good hand. Witness dealt upon the ems- The tenor of the money and commercial intelli-
eon, the other cards having been cut, and he gave an ad-
witness held better
versary a good hand, while aheed, gence from India by the overland mail to-day, has
saying to his opponent, " What odds will you bet upon the been considered so satisfactory as materially to assist
odd trick," to which the prosecutor objected, saying, "It in improving the tone of the stock market, the more
WY useless for him to bet for the purpose of robbing the so as no countervailing cause of discouragement in
gentleman against him, as he (prosecutor) had such a tre- home affairs occurred adversely to balance its effect
mendous band." At length he was induced to Yet, by The first prices marked for Consols were at 821,
putting. down 20/. and his watch, the others also putting the last . , e
down similar stakes; but, from the disposal of the cards, the better than tne last omelet quotations of yesterday.
prosecutor could not have won, and witness received the From that point the market steadily rose, with
stakes. The money was divided between them, the prisoner scarcely a reaction, to 83 to .1 for account, and 83 to
Barr claiming the expenses he had incurred " in fishing np
the flat ;" and they agreed that he was to come to the Tavis- !money, but at the closing hear receded to 821 to 31
cock with the prosecutor, where witness pretended he wasand 83' to -' for time. After the official
money, i i
stopping, to redeem his watch, witness being employed totget hour transactions were still actively carried on, at
him to play again. At the Tavistoek he made en excuse et advancing rates, and Consols became finally buyers at
he could get no private room where they could converse, and 831. The operations of the day have been upon a
having gone to the public-house he gave the prosecutor his
watch, receiving 101, from him, the prisoner Barr haying considerable scale, and buyers, as may be supposed,
done the same, pretending that he had also lost the money, Rs_ hi Grit.: di much
.Th confidence.du Reuced
Cents.,Threes
831eft offl
but the money which he ewe was in flash notes. In the ree-an -e- uarter per to .
evening, at the same public-home, Bart and the prosecutor Exchequer Bills, I Bs. to 145. discount. India Bond.,
being partnere. 1001. was won from the prosecutor, he 355. to 30a. discount. Long Annuities, 81 to 3-16tha.
having given his watch for 501., and the remainder in money Bank Stock, 184 to G. India Stock, 226 to 228.
the next day. The money was won by cheating, as on the
former occasion, and it was paid to witness, who gave Barr Foreign storks were more neglected than usual
amidst the excitemeet of this change in the Consols
and Carter their share. Witness recollected being at the
Yacht Hotel in Greenwich in July last, when it was agreed market. A bargain was done its Austrian, so seldom
to order a dinner, to which the prosecutor an invited ;. and dealt in, at 1001 ; Danish at 80; Belgian Four-and-a-
having adjourned to a private room, they played, and the Half per Cents., at 87 ; and may be quoted each at 1
result was that witness won 150/. from the prosecutor, it Der cent. higher for selng prices. Dutch Two-and-
being; understood that Barr let the same amount as his •
a-Half per Cents. were called rather worse towards
partner. This was also won by cheating, and the
prosecutor paid 1001., giving his watch for the re- the close of business at 531 to I, the Fours at 811
mainder, the prisoner Barr pretending to do the to 821. The recent advance in the rates of interest at
same. The prosecutor redeemed his watch in about Amsterdam of 1 per cent., which has led to a depres-
a week, and witness shared the money with his
accomplices. On that day Barr told witness that he wanted sion of stock values there, has been the cause of check-
the disposition to their improvement here. The
him to prove to the will of the prosecutor's father at Doctors.- ins
commons, by which the prosecutor was to come into quotations of other foreign securities remain nomi-
session of 2,5001., and other money for his sisters. At this nally the same, but without business.
time witless did not know the other prisoners, but beard The commercial advices from the East Indies, more
of them Cross Barr, who promised to keep the prosecutor
"in a line" to play again, the match not having been particularly from Calcutta, are considered to be ex-
house, by William Underwood, who desired him to call,
played oat. On being Introduced to them at Brewer's tremely favourable, taking into account the anticipa-
tions for the worse which were entertained. Considers-
he was inhered in and told that Barr had acted as a rogue, ble orders have been received for particular descriptions
by keeping
eg ht
ffseehahroeuo.f. in 9001.6.wfohrido
which was
Oxford-street,
htihmeyaththae of goods by houses who are practically conversant with
given the prosecutor • splendid dinner. They also told him the knowledge, as well as qualified with the means,
COURT OF EXCHEQUER. leers, near Slough, having 'hit" him to that amount.
that he had kept his share of 1501., the prosecutor lost atsupplying them
for
Sittings in Banco.have not been yet all delivered, it cannot be known
In cross-examination witness said he followed the profession with any approximative certainty what proportion of
WITHAK 11. LYNCH.—ARE PRNSIONS PAID OUT OP THIS of gambler, by cheating at play, which would have turned paper has been received upon the firms which have
out very probtable h he not been deceived by the pri•
SUITORS' FUND OP THB COORS OF CRANCERT AVAlL-
loners. Before he became a gambler he was a house
ABLE, UPON A JUDOE'S ORDER, FOR THE SATISFACTION latterly passed into insolvency. One batch of 5,0001.
or JUDOBENT Deers I—Sir F. Kelly, Q .C., moved yester-
confirming the foregoing statement, entered into a detail of may however benpoken to. On the other band, one
deeorater in New York and Albany.—The p cuter, after
day, on behalf of the Governor and Company of the Bank of or the largest India houses in the commission trade, if
England, fora rule calling upon the plaintiffs to show mem the manner in which be got connected with Brewer and not the largest, has received very large bill re-
why the order of Mr. Baron Platt, of the 16th of July Les, Ralfe, on which occasion he went to the neighbourhood of mittances, but not one of an exceptionable char-
Slough, and lost considerable sums, to pay which he was
charging the defendant's pension, as a retired master is
compelled to sell out stock at a considerable lots—Mr.
chancery, should not be reseinded, on the wound that it was
brokerßallanti.nedaptphleiedpeforior ti.rematanwdh,osase hheousit
thnd:d.trod aster, and nearly, or all indeed, secured by ship-
not sustainable at law, and that the annuity charged was net ping documents and insurances. This, however,
liable to any such control. It appeared the plaintiff had rawso much attributable to good for-
Wered ajudgrnent for 4,0001. against Mr. Lynch,who, upon tie -playing
was carried on to give evidence, upon which the prisoners cannottne, aril* to the fact that the corresponding
resignation of hie office, obtained, on the 40th of March lad,
WORSHIP-STREET.—Aeteoen Mnicotenecer OP A
were ordered to appear again in •• week.
a superannuated pension of 1,5001. • year. That
PoLlCEssits.—G. Robinson, a market-gardener, was finally make oenviai
houses in India had the sagacity to appreciate the
was payable quarterly out of the suitors' fund of the =isrf
POLIO charged with having stolen a pocket-handkerchief perils of the commercial position beforehand, and to
Chancery—a fund which now amounts to several millions, ,...... On accordingly.
and stands in the Itsnk of England to the credit of the from the person of J. Itatfield, an ex-policeman of the A By the last steamer from the United States a
accountant-general. The salaries of the judges and the division. The complainant at the former examination stated remittance of 28,0001. was received from the state of
other officers of the superior courts are paid out of the that on Monday evening he felt a twitch at his coat-pocket, Maryland for account of the dividends. It is M-
end on turning round bas handkerchief was given to him by Bitable to that state that this remittance was made
nine fund. Mr. Lynch, the defendant, had no other en.
a policeman, who had seen the prisoner drop it, and who
nuity or stock in the funds, and was entitled to draw his
pension from the accountant-general merely upon the order twe months before the dividend became due, and so
of the Lord Chancellor, whe had granted it in the exercise of afterwards pursued and took him into custody. On being
interrogated by the magistrate, the witness, after a good
the powers vented in him by various acts of parliament from far may help to salve over former shortcomings.
the 12 Cleo. 11., which was the earliest of them. The deal of evasion and hesitation, admitted that he had pre- From Amsterdam of the Ist inst. it is reported
viously seen the prisoner and the constable at a public-house, that the Bank had raised the rate of money on dis-
plaintiff, as 'judgment creditor, applied to Mr. Baron Pled. where he had been tossing the former for liquor, but said
at chambers, for an order to charge the pension with the pay- that in consequence of his offensive conduct, he left the count I per cent., say from 4to 5 per cent. for bills,
meat of his claim under the provisions of 1 and 2 Yid., & house to get out of his company. In answer to the charge,
110, an act passed for extending the remedy of judgmest the prisoner earnestly protested his innocence, and said that from 41 to 51 upon promissory notes, from 4/ to 51 per
creditors against the property of debtors. By the 14th SW cent. for loans on public securities, and from 5 to 8
he had been gambling for some time in the front of the bar per cent. on merchandise. In consequence of this
lion of that statute it was enacted, " That if any period with the policeman and his accuser, when en altercation en- measure the national funds had not recovered
against whom any judgment shall have been entered up, in sued between them, and the latter threw • quantity of
any of her Majesty's courts at Westminster, shall have any beer over him, and after conducting himself in • most from the depression of the day before, and remained
government stock, funds, or annuity, or any stock or shares
offensive manner went out with the constable. Be followed weak ; the Two-and-a-Half per Cents. at 53 9-16 to I.
of or in any public companies in England (whether incur.
them soon after, but had only gone • few yards when the SO had not maintained the improve-
inrted or not), standing in his name in his own right, or
the name of any person in trust for him, it shall be Spanish Bonds al
complainant turned round and accused him of picking his merit of the previous day.
lawful for • judge of one of the superior courts, on the pocket, upon which the policeman instantly seized him, end From Frankfort it Is advised that the funds had
produced a handkerchief, which be said be saw him ins
application of any judgment creditor, to order that such
and, although it was stated at the time by a lad who was
e ; improved upon the announcement of the Bank of
stock, funds, annuities, or shares, or such of them, or such England movement here. The liquidation for the
part thereof respectively as he shall think fit, shall stand standing by that he had seen the complainant himself drop e•
charged with the payment of the amount for which judg- the handkerchief at his feet, the policeman persisted in month of October was o rated with facilit on the y
ment shall have been so recovered, and interest thereon, and WESTMINSTER COUNTY COURT. taking him in charge.—P. Terry, 63 N, stated that while off 29th, and subsequently funded values of all descrip-
suchduty he saw the prisoner standing at the be, of a public- Lions were higher. Spanish Threes were in demand
order shall entitle the judgment ceeditor to all such re- Before D. C. Maytag, EN., Judge.
media as he would have been entitled to, if such charge had Soros e. RICER AND °THRILL—CARRIAGE ice RAILWAY. house, where he wax shortly joined by prosecutor, who at a rise of 1 per cent
reeedn made in his favour by the judgment debtor. Provided —This was an action brought by Messrs. Sutton and Co., the came out of the parlour, andesomeeonversation between The meeting of the creditors of Messrs. S. Phil-
that no proceeding shall be taken to have the benefit of such railway carriers, to recover of the defendants, Messrs. Brye, them he left the house. Witness did not see any tonne,
lips, and Co., who suspended payments on the 30th of
charge until after the expiration of six calendar months from Price, and Co., of Dacre-street, Westminster, the sum or The prisoner left sooa after the complainant, and was foi-
the date of each order. "—Mr. Mr. Baron Platt made the order 11. 3s. 1011. for the carriage of goods by railway from Dews- towed by the witness, who overtook them near the bridge, September last, wan held to-day for the reception of
eerie of the act of paeliament bury.—The delivery of the goods at the defendant's ware- when the complainant charged the prisoner with picking his the balance-sheet, and the consideration of the affairs
TurtenlatseedMmr.PLleyntdehm, 'the defendant, had, in point of fact, no house having been proved, and also that they were not paid pocket, end be saw the latter threw away three hand- of the house. Messrs. Amory, Sewell, and Morris,
asumity or funds whatever in the Bank of England to his for when delivered, one of the defendants said they rested kerchiefs, which he secured, end took him into custody. were the solicitors in attendance. Mr. Gouger was
credit. He had merely en equitable fiekt to the pension the defence on the ground that before they received the —The prisoner assured the magistrate that the policeman's called to the chair. The statement of accountp drawn
granted hi by the Lord Chancellor, and it mattered not, es goods en invoice was sent from Dewsbury, by Watson, the widen.. was a gross perversion of the truth, and. requested
z:- ed the plaintiff, whether it wasi payable out of a fund consignor, stating that the carriage would be paid upon the time to enable him to rebut it ; to which the memento ac. up by Mr. Samuel Notley, the accountant, was read,
In the Bank of Sniland or 'Jambes goods before they left that place.—The platatirs clerk said ceded, sad remanded him for that purpose—Sergeant and, upondisciumionofthe items, withexplanations,was

BAIL COURT.
Before Mr. Justice Pettceos.

IN THE MATTER OF EDMUND PREOTON, AN INFANT.—
HABEAS CORPUS BY POWER OP ATToBNRY FROM A
MOTHER TO RECOVER THE CUSTODY OP HER CHILD.
Mr. Bramwell moved for a rule to show c►use why a writ of
habeas corpus should not issue to bring up the body of Ed-
mund Preston, an infant of nine years old. It appeared that
the infant was the eldest eon of a lady who had since the
death of hie father married a gentleman of the name of Tem-
pler, and was residing with her husband at Calcutta. The
child had been sent to Germany for the purposes of educa-
tion; but on the death of his father's mother, who left him
some property, and be her will constituted her executors
his guardians, they brought him home to England. and
had since had him under their control. Mrs. Templer
had sent a power of attorney, signed by her husband and
herself, to two gentlemen, authorising them to demand the
custody of her non and to take possession of him. A demand
lad been made to this effect and refused. It was contended
that the mother had two rights of guardianship over the
child—firstly by nurture ; and secondly, as her son was her
heir-apparent, by nature. The only colourable right which
the executors of his grandmother possessed to the custody
of the child was the consent of the mother, which hod been
withdrawn, and that given them by the testatrix, who had
no power to give any such right. The only question was,
whether the mother could constitute any person to act for
her in a proceeding of this description, or whether it was
necessary for her to come over. If the writ issued, the
gentlemen in question might perhaps show some reason fur
their keeping the child.
Mr. Justice Patterson thought there was no instance of a
person constituting another person an attorney fur this pur-
pose, but granted a rule to show cause.

COURT OF COMMON PLEAS.
Sittings in Santo.
FIELD V. MACKENZIIL—THE NEWCASTLE BANKING
COMPANT.—In this case the plaintiff had obtained a judg-
ment against the defendant, as the 'registered public officer
of the Newcastle-upon-Tyne Joint Stock Banking Com-
pany, in an action on a promissory note for 14,1001.: and in
the course of last term a rule was obtained directing that
writs of mire facfas should issue against various persons
who were members of the company at the time the note was
mode. In order to satisfy the provisions of the act under
which the rule was granted affidavits were produced,
alleging that the company was in a state of utter and
hopeless insolvency ; that the present members of the com-
pany were either unable to pay the debt and costs in this
action, or were beyond the reach of the process of the court ;
and that the plaintiff's claim would be entirely lost, unless
the court allowed the writs of stirs faciu to issue against
the former members—Mr. Serjeant Channel! now moved
for a rule to show cause why the writ of scire facies as against
a gentleman named Stock, one of the former members of the
company. should not be set aside, on the ground
that certain important facts bad been suppressed ,which, at
the time of the application for the rule, were within the
plaintiff's knowledge, but were not known to Mr. Stock
hinvelf. In suppirt of the present motion the affidavits pro-
duced stated that a mortgage of certain collieries in the
county of Durham had been given by the bank to the plain-
tiff, for the purpose of securing the repayment of the money
for which the promissory note was given. The affidavits
went on to describe the particular nature of the indenture.
and further stated that the plaintiff had since given notice
calling in the amount for which the mortgage was made
to him. They also stated that the property was of consider-
able value, and negatived Mr. Stock's knowledge of the
mortgage at the time when the rule for the writs of ecire facies
was obtained. Upon these facts the learned counsel sub-
mitted that the present rule ought to be grated.—Rule
granted.