The Express.
London, England, 1846-11-18 00:00:00

the banker did not receive the money for the customer as
trustee, to pay it whenever called upon to so,
and that it became a debt only from the day
tho banker refused to pay. In the present ease it appeared
that all the payments were made to Mr. Turner's credit
more than six years before the action was commenced;
the so
that if they were debts from the day of their payment,
statute applied, and the plaintiffs were entitled to retain
their verdict ; but if the payments made became a debt only
from the time of the refusal to pay, then it was only front the
date of the hanker's bankruptcy, and that being within six
years, entitled the defendant to set off the payments, and
they were not barred by the statute of limitations.
Mr. Baron Alderson observed, that a great many people
who lodge their money in casings and other banks, would
be rather astonished to learn, that, if they allowed their de-
, posits to remain for six years in them
ands of their bankers,
without receiving any part of h ney, they were tarred
by the statute, and could not recover it.
The court took tithe anda e to consider their JudgmentnJury.
Dexuwieet.—Before Yr. Baron Platt Comme
Lew Is v. SMITIC—LIABILITY OP SUBSCRIBERS TO BOWLS.
—This was an action to recover the sum of LW. 13s
i . for
and
a
eopy of Lewis's ..Topographical Dictionary of Englmd
Wales," with coloured atlas, for which he signed his name
as a subscriber. The plaintiff is Mr. Samuel Levrie, the
publisher of the work, who carries on business in Finsbury-
place, South. The defendant, Mr. Walker Smith. is an
independent gentleman, residing at Brotherton, Ferry-
bridge, Yorkshire.
Mr. Godson and another learned gentleman appeared for
the plaintiff, and Mr. M. Chambers for the defendant.
The defendant, among seral other pleas, had pleaded
that he was induced to sign throwgh fraud and misrepresen-
tation. The plaintiff for these last 21 years, with his late
partner, Mr. George Pringle, had been engaged in getting
up and publishing, to subscribers only, the topographical
dictionaries of England, Wake, Scotland, and Ireland, part
of which had gone through several editions, and to which
there had been no less than 20,000 subscribers. In Nov. 1811,
the defendant subscribed his name at the foot of the
f prospectus.
'When the work was delivered in April, 1845, defendant
alleged that he understood that he was subscribing for a
work to be published in counexion with the government
ordnarce survey, and accordingly refused to receive or pay
for the work, which, though left on his premises, he had
since returned. This was contradicted by the evidence. and
it was also further shown that Her Majesty the Queen Dow-
ager and the other patrons in the prospectus ba had copies
delivered to them, and which had not been merely pre-
sented, but actually paid for.
Mr. Chambers contended
;the he work bad been much
overrated and mis' represented
actual fraud; that was merely a legal phrase ; and as to the
prospectus, it had not been shown that the illustrious end
noble persons therein, although they had subscribed
bad:given any authority for inserting their namesd
that atronsthe
—The learned judge, in summing up, sai
defendant having signed his name to the formula, the least
which could be expected was that he should pay fur the
books when delivered ; and:the plaintiff was consequently en-
titled to a verdict, unless the jury belies ea defendaut had been
induced to sign though fraud or misrepresentation. Gentle-
men should not put down their names to eucka work unless
they intended to pay.—The jury without hesitation returned
a verdict for the plaintiff for 131,135., the full amount.

INSOLVENT DEBTORS' COURT.
fa fore Kr. Commissioner ilarri ..
IN at Tilt REV. littET.—The case of this gentleman
has frequently been before the court. To-day, Mr. Nichols
applied for a certain sum to be set aside by the insolvent for
the benefit of the creditors generally, he having come into
possession of a small living in Warwickshire since his dis-
charge.—Mt. Cooke showed cause, and read au affidavit
from Mr. Iluet, setting forth that the salary arising from his
living was only 1501. per annum clear of all deductions,
insolvency lt
and all
ahich amounted his benefits
enjoyed
572 prel.vious to his
per annum.
—That he had a large family to support, and that being
aged and infirm, it would be necessary for him
shortly to employ a curate to discharge his duties ; thus les-
sening his present low income. That he owed at present
3COI. new debts, which he was unable to pay, and which, fit
the law, he was compelled to discharge previous to settling
Ishii his prior claimants. The learned commissioner did not
think that an application to set aside after-acquired property
fur the benefit of creditors under the insolvency should be
viewed with more favour than one for the appropriation of
property possessed at the time of such insolvency. As a
rector of a parish, he thought Mr. Duet very poorly off; and,
taking into consideration the whole circumstances, he should
dismiss the rule.

POLICE V
- ESTEltrottY.,
MANSION-HOUSE.—Elizabeth IFood, the wife of Ben-
jamin Wood, a City policeman, was brought before the Lord
MMayor for final examination, upon the charge of having
wounded her husband " with intent to kill am`, murder
him "—Benjamin Wood, who had been in St. Thomas's
Hospital, in consequence of a wound inflicted upon him
upwards of a month ago, stated, that on the 14th of October
he was living with his wife in Talbot-court, Gracechurch-
street ; that at a quarter peat one o'clock he bad his uniform
on, and was ready to go en duty, and he coinplained to his
wife about his droner not being ready. They had a few
words ; he put on his hat to go out, and, as he was going
towards the &sot-, she threw a knife at him, which struck
him in the throat, but he did not think she threw it
at him intentionally to wound hint. He then felt the
blood running down, and it was etrearring about the
floor, and ho ran down stairs to Doctor Smith's, and
was taken to St. Thomas's Hospital, where he had been ever
since. He did nut recollect that he had made use of any
threat towards her. He thought she had sat down to her
dinner, and he thought she had the knife in her hand at the
time. lie did not think she had picked it up purposely to
throw it at him.—The prisoner : lie took up his truncheon
to strike me with it. All the rest he ha said is the truth. I
never meant to hurt him.—The witness said, in answer to a
I question from the Lord Mayor, that he did not recollect
whether or not he had his truncheon in his hand at the time,
unless he was in the act of putting it in his poeket.—Mr. F.
L. Clarke, assistant surgeon at St. Thomas's Hospital, said that
the branches of the carotid artery had been severed, and
Mr. Jolley
.succeeded in repressing the bleeding by preying
his fingers into the wound, and, as the only alternative, Mr.
Jolley asked hint to cut down upon the carotid artery, and
pass a ligature round it, as it was evident if that were not
accomplished the man could not have survived more than
two or three minutes. Witness effected that operation by
making a distinct wound lower down the neck, and the
bleeding instantly ceased. Since that time the wound had
progressed favourably, but until the wound bad in a great
measure closed the patient was in danger. John Davis, a
City policeman,stated that after Wood had been taken to the
hospital, he saw the prisoner, who stated tohim that while they
V. CT* at dinner they had a quarrel, that he threatened to knock
her down, and that she threw a knife at him, which she had in
her hand ; that as he was stooping down to pick it up she
saw the blood running from his neck, and she hallooed
out murder.—The Lord Mayor: Prisoner, you have got
yourself, by your passionate temper, into very serious
trouble. It is my duty to commit you for trial. You can
represent the things you have stated to me upon your
trial, but you stand committed for having made the assault
with intent to commit murder.—Theprisoner again solemnly
declared that she never had a thought of injuring her
husband, and handed in severel letters which she said she
had received from her husband since the melancholy occur-
rence. She was then committed for trial.
CLERKENWELL.—A.rremeren MURDFR.— On Mon-
day evening, when Mr. Greenwood was about to leave
the bench, Serjeant Allen, 21 N division, stated that
Mrs. Haines, of Paradise-terrace, who had been bar-
barously treated by George Wilmot, in an attempt
to murder and rub her, was in 60 dangerous a state,
that he suggested the necessity of the magistrate's
immediate attendance at her residence to take her deposi-
tion. Mr. Greenwood instantly proceeded thither, tied the
prisoner being brought in, Mrs. Haines deposed : I believe
the prisoner's name is Wilmot. He formerly kept this house.
On Saturday evening, between five andwas alone in
the parlour, getting my husband's supper ready, when I
heard a tap at the window. The door was fastened. It was
very dark. I went to the window and inquired, " Who is
there ?" The prisoner replied, "It is me.' ;I said, " Halloo
master, is it you ; is anybody with you ?" He said, "No, I am
alone." I opened the door; he entered, and placed his back
against it. He said, "I want shit of paint if your husband has
got a bit to give me." I said he had none and asked him
to sit down ; he said he had been over to Newington to pay
the interest of some things which were in pledge. I told him
if he had mentioned that to us before, we would have given
him some money. I asked him to have some tobacco ; be
took some. There was an iron candlestick on the table with
a lighted candle. He smoked about five minutes. lie said,
"You will be too late with your husband's supper."
I got up to put the meat in the saucepan. I was
going towards the fire-place when I beard the prisoner's foot-
step behind me. I turned round and he looked very pale.
I felt very much frightened ; when suddenly the light dis-
appeared, and I felt a tremendous blow on my head. I
screamed " murder," and he struck me with some instru-
ment on the head which cut me mix or seven times.—Mr.
Haines, the surgeon, here said her head had six or seven
wounds, and several bruises.—The witness continued : He
struck me repeatedly on the head ; I must have received up-
wards of a dozen blows. I had my bonnet on at the time.
He got me into the corner of the room and beat me on the
head. He caught me by the throat and I thought he would
have killed me.—The prisoner, who seemed quite perturbed
and agitated, here turned pale, and walked about exclaim-
ing, ' sib, dear, oh, dear!" At length he seated himself on
a trunk in the room, and hid his face in his hat, stooping
down.—Witnees : I struggled with him, and got his head
under my arm, and I had strength enough left to drag him
to the door and opened it. I cried " Murder" as well as I
could ; when be ran off, leavin me lwood : Did he ever talk to youg of money, as if heM wished to
fish out of you whether you carried money about you ?
Witness: On Friday night he called, and he asked how we
thought we should pass our Christmas ? I told him my hus-
band had resolved on going into the country to see his father
gomotherco,
usin and iwas robbed. coa him
He Msaid he. About a month
mywas sur-
prised we had not been robbed. I told him there
was no fear of that, as I always carried my money in
my pockets. I occasionally lent the prisoner money,
a sovereign at a time, because we thought he had met with
misfortunes. My shoulders, my stays, and all my clothes
were soaked with blood ; my nose bled very much.—
Prisoner, tremulously : Ask her if she did not seize me by the
throat ? Mr. Greenwood and every one present did not
wonder at this, in order to save her own life.—Mr. Mould (to
Mrs. Haines) : I suppose you considered it a death struggle
to save your life.—Mrs. Haines : I did so. She added, the
first blow he struck her was on the front of the head. She
here became very weak, and her examination was closed.—
The prisoner was then conveyed to the House of Correction
under the commitment of the magietrate.—lt was yesterday
reported that Mn. Raines was IQ in a very dangerous state.