The Express.
London, England, 1851-08-23 00:00:00

TILE . EXPRESS, SATURDAY EVENING, AUGUST 23, 1851.

-
ab) Itztelitacuct. i stand over an the representation that he had to give keg , witnesses eoritiered the value of such u quantity of water
I credit to his wine customers. to be about 2.11. or 301. a year. The water was taken from
1 By Mr. Lawranee—had lent him ?weepy almost every the can by means of a brick drain, the mouth of whielewrui
EQUITY COURTS. ; week. AU had been rep•eid except there two SUMS, which partly open above the water of the cowl, and r 'al he seen
'he held at interest of ten per cent., at his own request, at all time.. This drain was proved to have been tte. source
iIIIFOIRS rice-vs VACK, LO.• TVIVIIII.
stating that it would pay him very well. At the meeting of aupply to the defendant'. mills for more than a years,
aloweeote V. liIOAV ORISON', Vearrente UNIVERSAL
MEDIVINEBJENCTION. of ereilitois lie offered?/shin is. in the pound ; ten assignment and the servants of the canal eonipany had on two or three
some of the creditors. ' occasions drawn oil the water from the canal, in order to
On Wednesday last, his Honour delisered his judgment . we" PmPosed but objected to by
With had asked him for a policy of insurance as • ;allow Mr. Radcliffe to repair and lengthen the drain.
in private upon this case, which was signed towards the
security for his debt, but bankrupt refused to give it. I Mr. Watson, in addressing the jury for the defendant,
I close of the eltti , after Trinity term last. The facts
przsThis was either before or shortly after the that meeting of said that the defendant having used the drain for more than
I a the case • to be the following :—The late James
creditors. The arrangement proposed at the meeting was ,20 years in the way and for the purposes stated, the act of
Morison WU inventor of the pill called . Morisou'sVege-right which the company were
table Universal Medicine." By deed dated 23rd of June, dissented from by Messrs. Conway and Messrs. Travers, the • parliament had given him a
1830, he took the late Thorne. Moat into partnership a ~...
for largest creditors, on account of the bankrupt having sold at I not now entitled to dispute.
Mr. Justice Williams said that the question, according le
twenty years and nine months. By that deed and by mutual '
bonds a even date, Thomas Moat, to whom the secret of Mr. Lawrence said the bankrupt appeared here, an aged , the plea+, was surely one of law. It seemed to he admitted
ttian, at the close of a long career, which had been marked , that for the purposes of generating steam, cleaning dos
'compounding the medicines was communicated for partner-
. by unvarying integrity. Ile had brought up a large family, , boilers, and heating the mill, the user had been enjoyed as
ship purposes sow prohibited from divulging the secret
one of whom was a member of the bar, another was in the it regarded the original premises. The point was, as it sp.
to anyone whomsoever, whilst an option of comma-
, nicating the secret was given to James Morison, ' church, and all of the greatest respectability. It was worthy peered to him, whether the enlargement of the mill and tU
Conway
vt
anndo
isini.divrsiduTalrivcered.;itor. opposed except erection of another cistern had vitiated the defendant's
Ibat without binding him so to do, to any one
.who 'i
a„fecocc. remark, for Mr. Moore did right.
I might be introduced into the partnership, either '''
~aaa I, not appear Ia the character of an opposinsr creditor, as be A consultation between counsel on both sides here took
by himself or by his partner Moat. In I hail given no notice of opposition. Nor did his evidence place, when it was agreed that evidence of the alleged 20
, der Morison, a son of James, and one of the pl9l24intAiffis.,----
Wel
prove an misrepresentation in February last; if any them years' use should be given, and the points refereed to by his.
I introduced by his father into the partnership ; and in 18.35, ,
_., y
John Moat, another son the co-plaintiff of Alexander, was !made"" been, it must have been in October, 1849; and had be lordship might be reserved for the court above. Accordingly
such misrepresentation, Mr. Moore would have Mr. J. Feel of alanchester, Mr. Radcliffe, uncle to the de-
likewise introduced. On the 11th of August, 183.5, Thomas , any
refused the last advance. The bankrupt was to pay tea fendant, and formerly owner of the mills in question, John'
Moat died. Being authorised by the partnership articles to
by I r cent. ; Mr. Moore, probably, regarding this as a Buckley, engine-driver to the latter gentleman since the I
'appoint a successor if approved a by James Morison, he,
per cent.; Mr. Moore, probably, regarding this as a Booklet, eneine-ilriver to the latter gentleman since the
deed dated the 9th of August 183 d three days be ore his guarantee against risk. But what was to be said year 18'22, and subsequently for the defendant, and other
deed dated the sth of August, 1836, three days before hie
to !of a creditor who, after the bankruptcy, having signed the witneeses, were examined, when,
death, appointed his son, 'W. Croft Moat, the defendant, ecment at the meeting, went to the bankrupt and endeas Ilia lordship suggested that it would be as well for the at- I
be Ida aseeessor. On the 25th of February, 1837, a partner- I
toured to extract from him a policy of insurance se security. tention of the jury to be confined to the two disputed ques-
ta* rad was executed by and between the late James i
1 out the real question was, whether the conduct of the tions of fact—first, whether the user en a right for twenty
Illatissa, the plaintiffs, and the defendant, which contained
! bankrupt had been fraudulent. The entire lon, writing years had been made out; and secondly, whether the build- I
•elanse declaring the defendant a sleeping partner in the
off the profits, had been 4171.; he had been in business ing referred to in the declaration, and a portion of which
and another clause prohibiting the partners from
forty or fifty years, had dealt so ae to excite the respect of had been built within 20 years, was in reality one mill ur
iTalg' the secret. On the 2nd of May, 1840, James
all having business with him ; he had dealt to an immense two.
Illierison died, having bequeathed his right to the secret of
amount with Messrs. Travers, and with Messrs. Traver's To these points, therefore, the Attorney-General confined
enmpounding the medicines to the plaintiffs. On the Ist of
ancestors; and now, at the close of this long career, result- himself in his reply, contending that although the lileer
Jame, 1843, certain deeds were executed which were onlyr Mg in the paltry loss above-named, the court was called on might have been enjoyed, it was unknown to the company,
a importance in this matter, as containing
to treat this old man with harshness, as though he had been except as to the application of the water for condensing,
algal* to the effect that the property in the purposes, and that therefore it was not what the law re..
robbing and plundering his creditors.
agent of compounding the medicines was in James Mori-
,,,,l'eli:i..Matthews—lie began, in 1849, with a deficiency of quired, • user as a matter of right. In regard to the new and
sea and his appointeee, and that by his will he had he- the old portions of the building, he maintained that they
queathed it to the plaintiff", the defendant being a party to '"'
Mr. Canaan, the official assignee, said the actual loss on farm, d hut one mill, occupied by the same owner, and
the deed, aad recognising the statements in it. In March,
the sugars had been 1,3431.; from this was to be deducted used for the game common purposes.
1846, a correspondence took place between the solicitors of
6491., the profit on the wine transactions, and 2751. for Mr. Justice Williams, in summing up, observed that Die
the parties, in which a claim was set up by the defendant intricate pleadings between the partiee would be disposed of
on the one hand to a right to witness the manufacture of
brokerage.
Mr. Lawrence said that left a net loss of 4191., which by. the court directing the jury that if they wive of
the pills, arid reeisted by the plaintiffs on the other. On
was the sum of his client's offending. As to his having opinion that the use of the water for twenty years, openly
the 2.sth' of March, 1811, the partnership expired, where-
acted in contravention of the Sworn Broken' Act, there and without concealment, had been made out, that would
°Pm the parties met, and divided the stock of
pills end the was no evidence that any creditor had been damnified. constitute in law an enjoyment as a matter of right. I
government stamps for the labels to the medicines. Some
Had lie charged brokerage to Messrs. Travers and the The jury, after deldeerating for some time is their box,
time afterwards the defendant claimed to be allowed to
others with whom he dealt, they would have heel just rep- retired to consider their verdict, taking with them the
print labels from the government blocks. Shortly
son of complaint ; but the fact was they never supposed company's act of parliament. After about half-an-hour's
afterwards the defendant filed a bill in Chancery,
him to be a broker, hut always dealt with him as a prin. absence they returned into court, finding that the building
the aubstanee of which was a claim to be allowed to use
eipal. It was alleged that Mown. Conway's debt had been was one mill, and that the use of the water had been en-
the government blocks, a motion for which purpose Ma
increased 243/. in the three months before the failure ; but joyed us a matter of right for upwards of 20 years.
refused, upon the ground that the defendant hail not earlier were included, it would be seen that in The verdict was therefore entered for the plaintiff, with a
;e
shown that he had acquired title to use the secret. The if
. a month
January he had paid Messrs. Conway 1,3971., while he had shilling damages upon each breach ; his lordship certifying
onintiff, now filed their ldll, alleging that the late Thomas bought only to the extent of 9261., thus reducing his debt that it was a fit case for a spacial jury, and giving leave to
Moat, in, breach of his contract, had communicated the en b 471/. It was admitted by the assignees that Mr. Ilolt- the defendant to move the court above upon any points he
cret to the defeeulants ; that the late James Morison and
a„ y had lived very frugally. 'lbis Wall the first time auch may hereafter be advised.
the plaiatiff admitted the defendant into the oa
na• ,sertn,ecr:h.,„"- house
athing had been made a charge against a bankrupt. It nowt. r. Jones.
in ignorance of the fact that he tem possess -"- was said he had lived in a petrel over his counting-house, In this case, winch was a special jury cause, and the
eret; that they never had allowed the defendant at any
living on a crust, and spending a mere nothing. Had he trial of which had beenfixed fur to-morrow, the parties
period of the partnership to he present at the mixing of .
nt 4,0001. or 5,0001. a year, kelt his carriage, and lived agreed to a verdict being taken for the plaintiff, with 1,000/.
the medicines, still that, though his right to inspect the !P'-..... . . Garden,
books might give him some knowledge of the ingre- n Itade park n have been censured. It damages, subject to terms.
Siege, yet they lied defended themselves from the in
clear he had been struggling on with a view to redeem Dims AND ANOTHZI V. NENNELT.
We by the defendant of even this information by the clause himself. Ile had had agood seine trade atthe West-end, and This was an action brought by Messrs. Dixon and Over-
lm re partnership articles retraining him from divulging this justified the belief that hia trading was bona fide. It was bury, solicitors, of Frederick's-place, Old Jewry, London,
trucithat in sugar, an article in which there had been con- and Mr. 'reale, solicitor, of Leeds, against Mr. Nunnely,
Om meet; that the defendant nevertheless was selling
siderable fluctuation, he had sustained an average loss of 3 surgeon, of the latter town, for the sum of 2,000/., the
mardra an mu Morison's Universal Medicine.," in the cam-
cent ; but this was not the case on all his transactions ; amount of costs. incurred in the promotion of a certain de-
rat which he availed himself of the knowledge of per
oasome.there was a large bas; on others a profit. There tuna railway scheme, entitled . The Newcastle and Leeds
Clittrhiget which he had improperly obtained from the late
was nothing but the sugar transactions which could lie Direct Itailway,"of which the defendant was the inventor and
Trim Moat, and the bill prayed for an injunction re-
ged against the bankrupt's conduct. All his transactians most active promoter, and the plaintiffs were joint solicitors.
straining the defendant from selling such medicines. On
urged
faithfully recorded in his books ; and, in the words of The transactions tusk place in 1845, and this action was
the motion fur the injunction preyed by the hill, the affida-
Mr Moore, the witness, he hail conducted his business with brought, according to the statement of Mr. Watson, Q.C.,
vita oa behalf of the plaintiffs fully imported the caw made
the.hig• heft ; integrity. His whole career might be appealed for the plaintiff, in order to prevent the operation of the
be tie bill. The defendant, in his affidavits, admitted that ially his small expenditure, as evidence of his de. statute of limitations. They sought to recover from the
I Ids father did divulge the secret of compounding the to, et -
sire' to ea -on his business success:fully. It was said there defendant, who haul his remedy against these who were
I medicines in his lifetime, and contended that though this
was nut a grain of sugar on the bankrupt's premises. The jointly liable with himself. lie had tried to bring the
sow a breach of his contract with the plaintiffs
answer to this wale he had no premises but his counting- attain of the intended company under the operation of the
on the part of the late Thomas Moat, yet that lie, the
haute; and nothing' was more common than fur merchants Winding-up Act. but the many thentsands of pound*
defendant, inasmuch as he was not his father's executor,
to buy and sell without ever having the article on their claimed, and the assets being very trifling, that attempt
was not hound to and the terms of the contract be-
teens the plaintiffs and his lather. Ile contended also that tr_emi_._,,ofirr even in their names. Of his debts, 1,000/. had tailed.
I to relatives; and there had been no From the evidence of Mr. Bullmer, who had acted
I the went in a medicine, not protected by patent, ought not 7:
.7 to
Ito be favoured by the court ; and he alleged, moreover, that '""' prefer those creditors, or to act in jointly with Mr.Teale, the Leeds solicitor, it appeared that
he had had consolations with the plaintiffs previously to I:
ray with fraud towards the body of the the work done by Messrs. Diana and Overbury in London,
the partnership articles of 11.37, in which he communt- caranYditurs. It was true that there was a deficiency of 4,0001. was not interfered with by the solicitors in Leeds, and rev
cabal to them his pumeesion of the secret, but lie gave no on the Ist January, 1849, hut there was no evidence that Terse. It was therefore sought to be established that the
particulars. of such converaations, which, on the other hand, the bankrupt then knew of it, or that it had existed for present plaintiffs had not been retained by the defeadant to
any 'length of time. Though his whole transuctione in the act the him in getting up the projected company.
were utterly denied by the plaintiffs.
Mr. Bethel' and Mr. Shapter appeared as counsel for the now
comprised by the accounts, had born 37,000/., he After the examination had proceeded to a considerable
Plaintiffs; stud the Solicitor Oeuvre' and Mr. Metcalfe for now only owes! 7,000/., and not more than .5,0001. in respect length, Mr. Atherton, on behalf of the defendant, agreed
of sugar ; he must therefore have paid for the remainder ; to submit the points in dispute to the settlement of the
the defendant.
The Vice-Chancellor delivered an elaborate and very yo-and he had now only to account for a net loss of 419/. Master.
luminous judgment, the aulatantial effect of which was Should the court take a large and liberal view of this ease, A verdict sole therefore taken for the plaintiff for the
that the defendant had no right to the use of the secret, in- he confidentlyhoped 'fi t • id be amount laid in the declaration, auleeet to the Master's
that an immediate certi ca es ou
'ed. decision.
asmugh as it had been communicated to him by his father, eris Honour
said the case was one of
such gnat impart-
the late l'homas Moat, in breach of his contract with the " In the bleaching ewe, "Mullins r. Cross," tried yestcr-
plaintiffs, and that the plaintiffs were entitled to an order a • that he must take time tee consider his jellgm •t. le day the verdict, which was not returned until after our
• '
for an injunction restraining the defendant fnim belling would continue the bankrupt's protection until judgment.
'parcel left, was for the plaintiff, damages 200/.
medicines in the manner complained of. An order was ac- the 4th September. In the case " 'looker re the Birkennead, Lancashire, and
eurdingly made fur an injunction to restrain the defendant, IN RE Beat. Cheshire Junction Railway," after the ease for the plaiatitf
The bankrupt is described as a bookseller and publisher, closed, Mr. Serjeant Wilkins addressed the jury for the
bra
agents, servants, and workmen, from Selling. or causing, of Shoe-lane, k leet.street. e'ompany, contending that there was 110 negligence proved;
Or procuriug to be sold, wider the title or deaiimation of
m •ism..'s Vaivereal Medicine," any medicine made or To clay was appointed for the choice of assignees. he iskud if 1000/., which the Company had offered, was not
maufactured by him, the said defendant, or by, or under i Ya there is owing to creditors unseen(' about a sufficient and liberal compensation.
Ws enter or direction ;and also to restrain the defendant, 555l.,apaPendrsto creditors holding security, 21.51. The Mr. J It' W.ll. sin s ni" ut up, said there could
amount .r. us ice I aim , .um ii
les went., servant*, or workmen from making or emir of assets are not yet ascertained. lie no doubt there was great negligence un the part of the
Mr. Butler was appointed accountant by the court. Company ; the amount of damages was entirely for the
pounding any medicine. acearuline to the !secret in the plate-
tis bill of complaint mentioned, and from in any manner ---s.
using the eff' nact utf compounding( the said medicines or any i rAl'ithout retiring from the box, the jury found for the
part thereof. The coats of the motion to be costs in the plaintiff, damages 15001.
Cause.

CENTRAL CRIMINAL COURT.
COURT OF BANKRUPTCY,—TESTERDAT. cows Coral.
throes Ma. C0M1.1.1,41,4 COM Mr. Baron Platt took his seat at nine o'clock, andthe OLD COUItI.—ibsTERDAY.
IN HE lIOLTHOU TSE.— RADISH WHEN INSOLVENT. usual preliminaries having been disposed of the following rose Ms. JralICK M11.1111.•11.
OCTIS•n• VFW.. A Metre.
This wat the certificate minting in the case of Carsten cases were taken up:
Ilnlthume deseribed as a augar-bruker, sugar-dealer, and Nisi Paws. Robert Thomas 3loore, 40, was charged with feloniously
wine-inerchant, of Great Tower-street. The balanee-sheet, Root DALL CAN O. CI Oa r•si Xr. nap. LIFTE.—TAKINU cutting and wounding his wife, Mary Anne Moore, with
prepared by Mr. Thomas, a Unmhain-street, extended over WATER FROM A CAS '.t.. intent to murder her.
about two years and a quarter prior to the 26th of April This was a spacial jury case, arising out of an alleged in- It appeared from the opening of Mr. Ribton, and the
last, and Contain... 4 rollte considerable items. To credits," fringement of the Canal Company's Act of Parliament, evidence adduced in support of it, that the prisoner
7,1101. ; to those holding seeurity, 1e.,061. • liabilities, 34 Geo. 111.. sec. 113, which ',emitted millowocrs on the was a caulker, employed in her Majesty's dockyard
a 36,11. ; profits, tsasal. By good debtors 34.51..; property, banks of the canal to take so uch water from the canal as at Deptford, and lie resided with his wife at
102 i. • ditto held by creditors, 280/. ; trade espensm, &W.; they required to condense them steam employed iu their re- No. 2, Lucas-street, Deptford New Town.. It seemed
lettercst and discount, 4201. ; peraunal expenses, 613/.; speetive mills, but fur no other purpose a hatever ; provided that on the morning of the 18th of June, without
losses, 1,343/.1 deficiency at the commencement of the ac- that metal pipes only should be used, and that as much any provocation whatever, the prisoner seized a poker, and
count, 4,06a1. water should be returned daily to the canal as had been made a most savage attack with it upon his unfortunate
This case was very fully investigated at the meeting for taken from it, due allowance being made for inevitable wife, and inflicted a severe wound on her temple, fractured
the last examination, whin it appeared that the bankrupt waste in condensing. lice skull, nearly cut off one of her ears, and otherwise lo-
bed gone on for a lung time trading at an average loss of The defendant in this ease is Mr. Joshua Radcliffe, senior jured her, so that her life was for a long time despaired of.
13 per cent., buying goods on credit soil selling them for partner in a large firm having several cotton mills at )Muss y
after acting in the way described, the prisoner
cash. dale on the banks of the canal, at one of which, the Moe.: ran out of the house, and proceeded to the police station,
Mr. Lawrence appeared in support of the bankrupt. Hall Mill, the canal water had been taken for the purpose where he gave himself up, and said that he had murdered
Mr. Bauley appeared for Messrs. Travers, and raid he of supplying the boilers and generating steam, for heating his wife, and he at the stone time said that she had been
merely wishral to call his Honour's attention to the facts of the mill, and, in short, fur all the purposes of the maim. conspiring against him with his enenties to ininre him. The
the ewe as disclosed at the last examination. His clients factory. wife of the prisoner stated in cross-examination that up to
the lament time he had treated her with the utmost kind-
had not given notice of opposition. Foe the plaintiffs, Mr. Attorney-General Knowles (with
Mr. ltlatthews, on the part of the assignees, was willing whom was Messrs. Tomlinson and Cowling), stated the ease ness, and she said that shortly before the transaction the
to leave the ease as it stood, if Mr. La.-ranee. for the bank. to the jury. By the act 31 George 111., the company were prisoner had conducted himself in such a manner as to in-
rapt, wealth con.ent to the same course. There were, how. empowered to make a canal from the Calder Navigation duce her to believe that he was not in hie right senses.
irrer, one or two facts to which he wished to call the atom- at Sowerby-hridge in Yorkshire, to join the Duke of Bride. Mr. Charourat addressed the jury for the prisoner, and
don of the court. water's canal its the parish of Mauchester. Previous to the said lie should call witnesses to show that he was really Ot-
itis Honour thought this the most desirable course, and formation of this canal, the manufacturers were in the habit sane at the time he attacked his wife in the way described.
then to hear the answer of Mr. Lawrance. of taking their water from the various streams in their The testimony of some respectable witnesses who were
Mr. Lawrence stir he hail nut yet said a word on behalf neighbourhood ; but as thc company required reservoirs then examined was so conclusive upon the point, that the
of Mr. Illolthouse. to supply the canal, they diverted these streams and made jury interposed, and said that they were perfectly satisfied,
Mr. Matthews, after stating the nature of the business what was called each-water drains, covering 300 or 400 and they, accordingly, returned a verdict of Not Guilty on
which the bankrupt had carried on, said that he had kept no acres, and at a cost of 130,0001. The expense to the cum- the ground of insanity.
broker's book, as requareil to do by the Sworn Brokers pally of keeping up those drains or reservoirs was very Too ATTEMPTED MUR.DER IN THE CITY.
Act, nor had he kept a aspirate account of his transactions considerable ; but as at that time they looked forward to Henry l'aye, 30, described AA an interpreter, was indicted
me a sugar-dealer. In every transaction he hail charged the carrying of all the merchandise and coals used in for felotiiouvly discharging a loaded pistol at Julio Imams
brokerage to the purchaser ; he could only by law, the mills upon the banks of their canal, they were Ilache, with intent to murder him.
charge one side; and he had not charged the seller, desirous to afford as much accommodation to the In other counts of the indictment, the prisoner was charged
because not profmaing to him to act as a broker. The rem naillowners as possible, and fir some time had with intending to maim and disable the prosecutor, or to do
son of this was obvious; be had charged brokerage to the not minutely inspected the mills to see that the him grievous bodily harm.
purchaser to help to cover the loss at which he sold. The water was not used for any other purpose than the con- Mr. G. Francis, who appeared for the prosecution, having
Sworn Brokers' Act al., prohibited any sworn broker from densation of steam. When, however, the railways took bristly explained the nature of the case to the jury, the fol-
acting as a dealer. On the whole of the transactions in the away the traffic of the canal, the proprietors were obliged lowing evidence was adduced :
period comprised by his balance-sheet, there was an average to pay more attentien to the mode an which the water was Mr. John F. Ruche deposed that on the 4th August he
net loss of three per cent. after deducting commission and taken away, mid in those cases where it was used fur WaS atiying eta cuffee-howse onFish-strect-hill, the proprie-
brokerage ; and on many isolated transactions the lose was other purposes than that provided for by the act, they re- tor of whisk house had a daughter, named Madame Thou-
considerably greater. Ilia transactions with Messrs. Con- gaited a small nominal rent for each horse-power of water ton, who also resided there. About a week before this
way amounted to 4,3981.; out of these goods to the amount used, in order to keep up the expenses of the navigation. transaction, on a Sunday, he had a conversation with the
of 3,480/. had been sold at a loss, and the rest, 917/., had There had been a plea put upon the record, in reply to the bower him
that lady, and the priauner wanted to
been sold at the price he gave for them. lie had dealt first count of the declaration, that the defendants had a show him a letter she had written to him, and wished to
with Moors. Travers and Co. to the extent of 4,2141/.; of twenty years' " user" fur other purposes than condensation, make him acquainted with what was passing between them.
these goofs 2,920/., or about two-thirds, had been sold at a to which a demurrer had been rejoined, and this having Ile also showed him a portrait of the ad and complained
WIC From Meters. Whistler he had obtained goods of the been ruled in favour of the plaintiffs, the jury would of witness paying attention to her. lay,lp on tap
eight
value of 8,3•241., of which 6,132/. or about three-fourths, as to that count have only to assess the damages. at the same table as Mad. Thourin, and the prisoner came in
'had been mold at a lose, having been sold at from 3s. 2d. to In regard to the other plea., the learned counsel while they were at supper, but went out directly he saw
Is. 3d. a cwt. On the 26th of January he owed Moon. said—Should the jury be of opinion that the plain- them. lie saw nothing more of the prisoner until the 9th
Whistler Isifai/., and had increased their debt since by 2431. tiffs wen entitled to their verdict, he should not August, when he met him near the Custom-house, and they ,
His Honour did not think that fact of much importance. be in a position to ask fur more than nominal da. shook hands together, and each asked the other how he was, I
Mr. Matthews said it would weigh with the rest The magcs. Compared with what was paid by other mill- and whether there was any news. They walked about'
standing of the bankrupt amongst the trade placed him en owners, fur engine.. of the same power as those used by the twenty yards together, when witness heard the report of a
an equality with most of his creditors, and gave him a full defendant, he ought to pay from 301. to 401. a year fur the pistol, mpon touting round he soh ea
the
re the pri-
knowledge of the state of the markets. His looses bad water he took away from the canal. This, however, be mutes hands, and lie waned it at him, and then threw it at
amounted to 1,4001. in the period comprised in the ac. would leave entirely to the jury; the company were at him. A policeman came up, and the prisoner was given in
counts, and there was an entry of 92:11. as profits; but great con in keeping up the canal, and in justice to those charge. (The coat the witiluis had on was produced, and
these had arisen from his brokerage and from profits on the who had expended their capital to promote a great public' it appeares: to have been perforated in two places at the
wine trade. Had he confined himself to the latter, he benefit, those who derived that benefit were bound to eon- y bottom of the skirt.) He was carrying the coat on his arm
might have stood his ground. The aggregate of his ex- tribute to the cost of maintenance. at the time.
praises and losses had largely exceeded his profits. His Mr. Henry Heaton, who had made an examination of the ; Crousexamined—He spent a greater part of the Sunday
expenditure had not been large, or he must much sooner defendant's premises, as empowered to do by the Canal ;he had spoken of with the prisoner, and he told him that
have been brought to a stand-still; but his object had been Company's Act, deposed to the use of the water far all the he was partly engaged to another lady. The prisoner
to establish a character with his creditors ma steady, cares purposes of the mill, as stated in the opening address to I wanted him to go away. He should think the prisoner was
ful, inexpensive man. The good debts, returned at 3555, the jury. Witness was corroborated by Mr. J. sieholefield. , not more than two yards behind him when he fired the
were wholly in the wine trade. There was not a particle Mr. -Watson, Q.C., (with him Mr. Crompton and Mr. pistol. He believed the prisoner was a foreigner, an
of sugar on his premises, or under his contsol ; and the Sphinx) for the defendant, contended that the water taken American.
result of his trading had been a dividend of two shil- from the canal was daily returned, with the exception of an William Penning, a City policeman, deposed that he
litinln the pound, Mat one-tenth of his debts,. inappreciable waste. The point had been raised in the , was un duty in Lower Thames-street on the day in quer
Commissioner—ln fact, the sugar trade has not Exibequer Chamber, and the decision having turned upon ' tion, and heard the report of a pistol, and, on looking
yielded one daytime of assets. the quantity used being considerable, it was his duty to round, he saw the prisoner with a pistol in his hand, and
Mr. Matthews said that was so. His course of dealing I show that no substantial waste of water accrued, in order smoke was coming from it. The prisoner threw the pistol
had been this : when a prompt became due, which was •to adore the question anew in the court shove. , into the road. He searched the prisoner and found two
every two months, he either bought a quantity of goods I Mr. Cowling said the grounds of the decision in the Es- bullets, and some percussion caps and gunpowder, on his
land sold them for cash, so as to raise the money, or he bar- chequer Chamber were the very reverse of those stated by person. He also found a letter in his possession, which he
rowed the money from some of his cash creditors. This be Mr. Watson. produced.
bad done, in one case, from Mr. Moore, who was still a cm- Mr. Watson—Here are two of the learned gentlemen I John Itunnidge proved that, on the 7th August, he ac-
dime for the amount advanced. This was nothing less who argued the question ; we'll examine them as to the cumpanied the prisoner to a gunmaker's, where he pa-
,' chimed a pistol, and some builets and percussion caps. The
than obtaining money as fake pretences. point.
Mr. George Moore, essaketioner, of Holborn-hill, deposed The Judge Yea will find them the very worst authori- ' prisoner told him that he wanted the pistol for the purpose
that be bad had dealings with the bankrupt, and had lent ties. The learned eouusel who argues question are usually ,of shooting eta mark.
bin massy. On the 21st February last, bankrupt asked him , the very last to be relied upon in matters of fact involved I Mr. Francis then proposed to read the letter that was
ffse the loan of 100'. for a mouth, and got it. In October' in their case. (Laughter) I found upon the prisoner.
OA Me had borrowed 100 Omer, which was still owing. I The examination of witnesses was then proceeded with, I Mr. Justice B'ightman said he could not do an unless ha,
Ho *we lehl that his Warm was very prosperous, and he chiefly with a view of showing that besides the mills in ex- , showed that it was in the handwriting of the prisoner.
loped be sbeebl Nee be able se retire, if he could get a' istence 20 years ago, the defendant had also taken the canal I Mr. Francis said he was not in a position to prove that
=sus le pis* pertnanhip with him. He had bet water
water for his new mills adjoining Richard-street and Old- tact.
ether cams raid repaid t h em. The 100 eraser, is ham-street. It was estimated that about two million gal- : Mr. Justice Wight:nazi said, in that case, the letter coots,
WI, he whisk ha pee a mote elf baud, was allowed to lewd waters year were used foe era mill, and one of the set he reed.