The Express.
London, England, 1848-04-07 00:00:00

ASSIZE INTELLIGENCE.

NORTHERN CTRCUlnT.—Livenroot, APRIL 6
Nisi liies Cover.
BARTON, InLAM, AND 1:1100INSUN'S BANKRUPTCY,
VANCASTEEL AND ANOTHER V. BOOKER AND OTHERS.
This was an action arising out of the celebrated bankruptcy
of Messrs. Barton, Irlam, and Higginson of this town. The
plaintiffs in the case are Messrs. Vancasteel and Co., mer-
chants, of Rotterdam, and the defendants are the assignees
under the fiat of bankruptcy of Messrs. Higginson and assignees
;
and the action was brought to recover, under a bill of lading
for coffee, upon a cargo for 5,500 and odd pounds, consigned
by the plaintiffs toe Mr. Lyon, a merchant of this town. In
the month of December last the plaintiffs received from
Messrs. A. W. Lyon and Co. the bill of lading of the ship
Vigilant, which had been handed ever to them by Barton,
Irlam, and Higginsor, the owners of the ship and cargo, in
consideration of certain bills of exchange given by Messrs.
Lyons to Messrs. Iligginson. The cargo consisted of 5,090
bags of coffee from Rio to Cork, but, owing to stress of
weather, the vessel was brought into the port of Liverpool.
Upon the bill of lading the plaintiffs, at Messrs. Lyons' re
quest, had forwarded drafts, which, with insurance upon the
cargo, made a total advance of nearly 6,0001. Before
the arrival of the Vigilant at Liverpool, on the 30th of No-
vember, Messrs. Barton, Irlam, and Iligginson became bank-
rupts, and on the Ist of Dec. the ship and cargo were seized
in Liverpool by the assignees of the bankrupts, mid defend-
' ants in the present action. It was arranged between the
counsel on either side that in the event of a verdict for the
plaintiffs the amount should be but for the 5,5001. odd.—
Mr. Martin addressed the court for the defendants, and after
going through the transactions of Messrs. Higginson and
Co. with the Royal Bank, to which establishment at the
time of their bankruptcy they were owing 463,0011., de-
nounced the transaction relative to the bill of lading as
giving a fraudulent preference to Messrs. Lyon, Messrs.
Mil/Onion and Co. knowing of their insolvent state st the
time. Witnesses for the defence, to establish a fraudulent
preference on the part of Messrs. Barton, Irlam, and Rig..
gingen, were being examined when our report left Liverpool,
and the ease, which had then been under trial for seven
hours, was likely to continue for a considerable time.

7ENTRAL CRIMINAL COURT.

OLD COURT.—Before tar. Justice Etle.
PERSONATION AND FORORRY. Thomas Schuh, alias
Bernard, 22, was indicted for having forged an indorsement
to a bill, with intent to deiraud Lionel Nathan Roths-
child, and others. The prisoner, who is • native of
Germany, lodged in 1845 at the house of one of his country-
men in eadman's-fields, and he there became acquainted
with another young German, named Lawrence Wever, who
was the half brother of his landlord. This young man it
, appeared was entitled to some little property in his own coun-
try, amounting to about three hundred pounds, and it seemed
' that he had come to England for the purpose of pushing his
fortune, an arrangement having been made with his friends
'that if he should find an opportunity of setting himself up in
any business, or profitable occupation in England, his money
I should be transmitted to him. Weyer, it appeared, subse-
quently resolved to leave England, and to go to America,
and the prisoner was aware of his departure, which took place
in August, 1847, and it seemed that he died in the United
States soon after his arrival. The prisoner was aware of
the circumstances of Weyer, and there appeared very
little doubt that after the departure of hie friend be resolved
to appropriate his patrimony to himself. He accordingly
opened a correspondence with the step-father of Lawrence
Waver, in Bavaria, and upon his representation that hewn,
about' to setup in a profitable business the old man sent
him one bill of exchange for 1001. upon Messrs. Rothschild
and Co., which was paid in due course to the prisoner on ,
December 15. The correspondence was then kept up with
the old man, and very soon afterwards the prisoner re-,
quested that another bill for 1001. might be remitted to him,
as he said he was about to be married, and had a good pros-
pect before him. By this time the death of Lawrence
'Never had become known, and upon his relations making •
communication to the bankers, arrangements were made to
detect the party who bad committed the first fraud. The
prisoner continued to press the old man to send him the w-
and bill, and at length, in concurrence with the proper en-
thorities, another bill for 1001. was transmitted in the regular ,
Benner by post, and on Jan. 31 the prisoner made hie ap-
pearance at the banking-house of Messrs. Rothschild and ,
Co. and presented the bill for payment, representing himself
las Lawrence Wever, and indorsed the bill by that
11111111. He was taken into custody, and while in durance
Wheeled • letter to the landlord of his residence in which
he requested him to destroy all the paper, that were in his
room. This letter was banded over to the police, and on
the prisoner's room being searched the correspondence that
bad taken place between him and Waver's father was die-
Covered and was now produced and given in evidence.
These were the principal facts produced lutanist the prisoner,
sod other circumstances which transpired left no doubt of
his guilt.—The prisoner in his defence put in a written pa-
per, in which he stated that what he had done was through
the instrumentality of another party, and that he had been
an innocent agent in the transaction.—The jury found him
1 guilty, and he was sentenced to be transported for 10 years.
THE MURDEISOUS ASSAULT IN DUDLEY-STREET, ST.
GILES'S.— H. Parker, 26, was indicted for wounding Eliza
IBurgese, with intent to murder her.—The prosecutrix had
cohabited with the prisoner, but they had separated. On the
19th Feb. he wished to remain all night with her, but het
mother refused, and he stabbed them both. The details of
the cue have been published more than once, and need not
be repeated.—The jury found the prisoner Guilty of the
capital offence of wounding with intent to murder.—There
was another indictment against him for wounding the
mother of the prosecutrix.—Mr. Justice Erie said he should
take time to consider whether he would take the other in-
dictment against the prisoner, or whether he should order
sentence of death to be recorded against him upon the one
on which he had been convicted.