The Express.
London, England, 1851-06-20 00:00:00

Lab) linteittgence.

can Davidson Alves, at the suit of Thomas Spencer; Fre-
derick William Fryer, at the writ of F. Beasley; Within
Williams Martin, at the suit of Edward Bernard ; G,orge
F. Sydenham, at the suit of Morris Mayers ; Ber-
nard Broom, et the suit of Edward Edwards ; Wil-
liam Wilcox Sleigh, at the suit of Daniel Davies and
others ; Stephen Temple, at the suit of John Dirk Vander-
t; Reuben Terrewest, at the suit of Carlo Butler
Catherine Morrison, at the suit of Joseph Wa-
lloon ; Hector Hanvest, at the suit of Samuel Cathcart
Mei Louisa his wife ; John Edmonds, at the suit of Francis
Hasson ; Howell Jones Phillips, at the suit of Anthony
Hadgkina ; Heavy J. Noyes, at the suit of Lewis Harris ;
Woad St. John Mildm, at the suit of Charles T. Pratt
amid= ; W. S. Porteayr, at the suit of John Henry
Tartar g John Potter M'Clueen (sued with another), at the
suit idissepb Joel; Winfield Attenborough, at the suit of B.
K. Law ; William Wodehowse, at the suit of James King;
and Henry William Marriott, at the suit of Frederick
Augustus Devise.
Several actions on bills of exchange and promissory notes
tried, but the details were of no interest.

JUDICIAL COMMITTEE OF TIIE PRIVY I F
COUNCIL,—YrATEIDAY.
The members of the Council present to-day were the
Right Noe. T. Pembertan Leigh the Eight Hon. Sir
lierbertJenner Fast, the Chief Justice of the Common
TWA, sad the Right lion. Sir Edward Ryan.
The Conseil was occupied the whole of the day in hear-
Wriatyargunsents in two appeals from the High Court of
. In the int case " Wallace v. Fielding " the
Osieutal, which gram partly heard during the last sittings of
the committee, the council reversed the decision of the
Court of Admiralty; and in the case of Jiaapche v.
SEAN " the Commerce, the judgment of the court below
woe Armed.

HOUSE OF LORDS —IVITERDAY.
Puma: Tau Lola tawsessusa, Loao Samosas, Alm mama
nuns.
Mantemint r. CAIRMIL—REOUCTION or Deem.—
AD/Steal aILITY OF EVIDENCE.--(1. WO APFIALL)
Them were appeals against interlocutors of the Court of
ilserion in Scotland, under these circumstances. Mr. Alex-
ander Faireervice died in 1846, at the age of 91 years, leas -
fag two daughters only, among whom by a trust deed, he
directed his property to be equally divided, for their own
use, in exclusion of their husbands, &Mr paying debts and
Amend, she, capcnses. The appellant, a native of
Poland, was married to one of the daughters, and
be and his wife resided in the same house with
Mr. Fainervice for some years before his death. After
that event, the appellant chimed considerable sums by way
of debt egging the demsesi's estate ; and he produced in-
struments in writing purporting to be the writing of Mr.
Fairservice for these sums. Mrs. Cairns, the other daugh-
ter of the deceased, disputed the validity of these instru-
ments, and brought an action to reduce them—that is, to
have them declared null and void, upon the ground that if
the papers were written by Mr. Fairservire at all, they were
obt.eined from him by imposition while he was frost age,
Ike, in a feeble state of mind, of which the appellant took
advantage, sad by fraud and circumvention, or intimida-
tion, rotund his 'signature to the said instru•
mate. The Court of Session directed an issue to
Ivy whethsr Vairearvice was of weak mind or
way isapeemi ma at the time, and whether advantage was
takes al as sanest The trial of the issue lasted three
digs, W at hat a verdict was found for the respondent and
Inishoolls his Cairns. In the course of the trial en-
=waft tams by the appellant's counsel to certain
mbaftted for the respondent, such as certain &c-
-atmint MAN and writings of Mr.Fairservice, found in his re-
poitreina. and certain conversations between him and the
spersitheat ; and, thirdly, a certain paper-writing, under the
hand of the appellant, rimming a defence to a suit brought
whist him in 183.5, by his wife, for alimony, is which he
represented himself to to in great poverty. The Court of
Session overruled the appellant's exceptions to the admis-
aibility of all these pieces of evidence. The first appeal was
brought against that detieion, Sir Fitzroy Kelly (with whom
were Mr. Bethell and Mr. James Anderson), was heard for
the appellant, up to the rising of their lordships, soon after
three o'clock, misleading that the inceptions to the evidence,
especially to the aelinission of the appellant's written state-
mi nt in the suit against him in 1831 ought to he allowed.
The learned counsel had not concluded his argument. The
Atelier hearing was adjourned to Monday.

COURT OF BANKRUPTCY.—TESTEBDAY.
gavels Ifs. Colantwassu Evans.
Ix is FROOOETT AND VAN PIITTIN.—EXTENSIVI
FAILURE IN 101 CORN TRADE.
This was the meeting for the last examination in the case
of J. W. Froggett and J. Van Putten, described as corn
factors and corn merchants, of Mark-lane. The joint
balance-sheet extended over a year and a half prior to May
last, sod contained some considerable items. The amount
due to unsecured creditors was 15,2921. ; to those holding
security 19,066'. The assets consisted of 2291. in emh
given up; ditto at banker's, 561.; bills receivable, 90!.
tent to be deducted, 401.) ; good debtors, 8601 ; doubtful
debtors, 1,8631. ; office furniture, 801. The securities given to
creditors consisted of grain, valued at 18,1131. The profit+,
re of the grain account, had been 1,059/.; Frog-
*pita), 68.51. ; Van Putten 's ditto, 1,1191. Against
ta".WCT• the following items:—Loss on grain, 12,7471. ;
bad debts, 2761. ; drawn out by Van Patten, 1,6161. ; b
"ream, 1,3011. The accounts had been analysed and
arranged by Mr. Maynard, of Bread-street.
Mr. Linklater appeared for the bankrupt 'Van Patten,
and Mr. B. May for Froggett.
Mr. Hollams, for the assignees, asked for an adjourn-
ment, in order that the bankrupts might render further ac-
count., particularly as to their transactions with a creditor
named Johnson. It appeased that their business had con-
sisted chiefly in importing corn from abroad, which they
consi,tued to Mr. Johnson, be making advances thereon,
from time to time, almost daily; and the assignees wished
fur a more detailed account of these transactions.
After a conversation, the meeting was adjourned till the
2nd of October.
IN RE HAERATT AND BLAND.
The bankrupts were described as builders and contrac-
tors, of Huntingdon. This was the meeting for the last
examination. The balance.shect, prepared by Mr. Hutton,
of Backlersbury, extended from the 2.5 th of March, 1846, to
the 28th of March last. They owed to creditors, 3,7661. ;
the assets were, in goesl debts, 1,789!. ; in property, 4611.
The profits had been 2,5321. ; trade expenses, 2,3141. ;
losses, 4.531. ; drawn nut by Barrett, 4671. ; by Bland,
896/. The separate balance-sheets showed debts to the
amount of 6031. owing by Bleat, and 1401. by Barrett.
The bankrupts pas-ed unopposed.
IN RE GADZADEN.
The bankrupt was described as a coal merchant, of the
Lion Anthracite Colliery, Llanelly. This was the certifi-
cate meeting. The accounts, prepared by Mr. Thomas, of
Gresham-street, extended over a year and a half prior to
the Vth of March last. The bankrupt owed 1,73.1/. to un-
secured creditors, and 2,13)/. to those bolding security ; the
liabilities seem 4501., besides a sem of 1,8831. liabilities nn
bills which had been negotiated by the bankrupt, and since
dishonoured. There were no assets declared on the face of
the accounts, but the property held by creditors was put
down at 4,002/. The return front coals sold was 2,4711.;
expenses connected • ith the colliery, 2,4331 ; personal ex-
penses (unvouchee), 6161.; interest on mortgages, 2521. ;
Leers, 7184 ; deficiency at the commencement of the ac-
count, 1571. The improved value of the lease of Lion
Colliery was entered at 1,804/.
Mr. Lawrence supported the bankrupt.
Mr. Herbert Lloyd opposed fur the assignees. The
principal ground was reckless trading, commencing business
without the slightest prospect of success. Ile had taken a
coal mine two years 'Ere, when he was insolvent to the
extent of 1571. Since 1832, when he first commenced bind.
ness, hir life had been little more than a tissue of insolven-
cies. He was first insolvent as a baker in 1832.
His Honour did not think it necessary to enter into the
particulars of former failures.
Mr. Lloyd said the bankrupt since his last failure had
changed loa name from Gadsden to Gadesden. Ile failed
for a very large sum in 183'2 without a farthing of assets.
Since that period he had been insolvent, with no assets.
In August, 1849, he had taken this mine without any
capital except what he might have borrowed. He now
owed over 2,000!., and there was not a penny °russet". The
whole of his personal expenses were unwashed. The col-
liery which was held as security by the creditors was put
down at 4,0001., while the fact was that it was not worth
1,0001.
Mr. Lawrence said the last bankruptcy was fourteen years
ago, when the law placed the power of certificate in the
hands of creditors ; and it was the more creditable to the
bankrupt to have obtained one. Since 1837 he had been
ttving to get a respectable living. Some time ago he had
taken the benfit of the Insolvent Act ; these circumstances
were nut unknown to the parties from whom be took the
mine. He had taken it with very fair prospects of success ;
but the outlay in a mine was necessarily large at first. In
Oct., 1850, Mr. Struve, a very competent authority, had re-
ported that 6,0001. might safely be advanced on the colliery,
provided a certain Russian contract were obtained. Mr.
Arthur, the assignee, had been joined with the bankrupt in
taking the lease; it did not therefore lay in his mouth to
complain of improvident expenditure. He had sold his
share in the lease to the bankrupt for 2,0001., 7501. of which
was paid, and for 1,2501. be was a mortgaged creditor. Of
the unsecured debts Mr. Arthur was also a creditor for MU,
foe Ms services as manager of the mine. It was remarkable,
in minim beturaetions, bow often parties on the spot ch-
eated a profit out of the undertaking, and were afterwards
nesaters on the estate of the lessee or proprietor. In this
seer, Mr. Arthur was the lessee, the assignee, and the only
Vkrureditor.
pt stated that Mr. Arthur bad had the sole
musegement of the colliery at Llanelly. His (bankrupt's)
business was to make contracts and sales here. Since 1837,

COURT OF QUERN'S BENCH.—YESTERDAY.
Me 11.4 u hasce.—livoss MM. JOXTIaIt PATTLION a*u MIL
Jo.ras WWIIITIIIII4I.
The court sat this mornieg to hear appeal eases from the
county court*. There were only two eases in the paper.
BRIM/ 2:1 O. HAW ILSWOUTII.-..-171Z4DING PILUXUISORY
NOT EX. . . .

TAU wax an appeal from the decision of the learned judge
of the Westminster County Court. It appeared that in
September, 1818, the plaintiff, being in the shop of the de•
fendant, picked up four promissory notes of the value of
601. and gave them to the defendant, in order to find nut to
whom they belonged. They were subsequently advertised
in the Mises newspaper, but no one uppearing to claim
them, the plaintiff demanded them, offering to pay the ex-
penses of the advertisements and give an indemnity against
any future claim that might be made by the party to whom
the notes rightfully belolged. The defendant offered to
sire the plaintiff 5j fur his honesty, but refused to let him
have the notes, upon which the plaintiff brought an action
for money had and received in the Westminster County
Court. The karats" judge of that court found, as a matter
of fact, that the plaintiff, by giving up the notes to the
defendant, did not intend to give up any title which he
might have to them, but held that, is point of law, as the
notes were picked up in the defendant's shop, he was
entitled to them as aiming the plaintiff, who had found
them. And it was from thin decision that the plaintiff bad
appealed.
("ray, for the plaintiff, contended that it was a well
known rule of law that the finder of anything was entitled
to it against all the world, except the rightful owner. This
principle had never been disputed, and was clearly laid
down is l'ulfendorf, book 4, cap. 6, see 8 and I Blackstone,
p. 1911.
Mr. Justice Patteson inquired if a person found a parcel
spew the scat of a hackney coach, and the owner of the
sneak brew of the fact, whether he could not prosecute the
finder far larceny ?
Mr. Gray thought he could not. The title to the property
ensM wily be laid in the true owner.
Mr. Justice Wiibtin:n—lf a parcel containing money
was found es the d-sk or chair of a person, and taken
away, could not the finder he prosecuted for larceny ?
Kr. (fray—Not unless he could hare been proved to
Aare taken it with the intent to commit a felony. The de-
fendant had no title to the notes.

Mr. !Wok evotooded that the fact of the plaintiff's pick-
ing up the Dotes gave him nu titk to them.
Mr. Gray there replied, and the court took time to core•
shirr its judgment.

COURT OF EXCHEQUEIL—YESTERDAY.
titol'ems.—bareas In F. Peuera,C.S., axe a 111DOLLeti Comm
Jest.
Dines r. BRUTORD CHARITII4.
This was an action of libel. The plaintiff was a veteri-
nary surgeon and brewer at Bedford, and um defendant
was proprietor and publisher of the Bedford Merewry ;
in which, un the 211th of December, 1410, en article ap-
peared commenting on the conduct of parties connected
with the Bedford Charity. The defendant pleaded not guilty,
and a justification. The charity had been founded by the
munificent donation of Alderman Harper many centuries
ago, and some of the inhabitants thought the funds should
be applies' to educational purpose., while others were in
favour of their application to eleemosynary purposes.
One of the provisions of an act of parliatnent regulating
the charity was, that 5001. a year should be distributed
amongst the poor and decayed householders of the borough,
who should have resided in it fur ten years. That contn-
button was termed Hall money," and the total income of
the charity was now estimated at 12,000/. a year. The re-
cipients of the charity averaged about 300, but the candidates
for admission were nearly treble that number. There was
au application to parliament on the part of the trustees for
a new bill, which was referred to the Court of Chancery;
the plaiiitilf and a Mr. Merry, a printer and local reporter,
tea up the pert ollbe poor and presented a petition to the
Lunt Chancellor us brhull of 1100 of the inhabitants. This
proceeding was oppoeml by the trustees, the Warden of
New College, Oxford. and by the Attorucy-Ueneral; the
result was that the petition was dismimed with costs against
the plaintiff and Mr. Merry, amounting to 431. After that
Mr. Merry and one of the recipients, named Haydep,
mamma the whole body of recipients, and obtained
either from themselves or their wives (in their obscure),
their mvent to a memorial to the trustees, praying them to
deduct from the nest distribution the sum of 1001. 2s. 7d. to
tweet the costs which the parties were bound to pay. The
costs of the petition amounted to 431., which, together with
the sum due to the plaintiff's solicitor. amounted to
1001. 2a. 7d. The memorial was written iu a book, and

be had been in business of various kinds • he hud been a
- -- • • •

printer in St. Martin's-lane, and had established the
WeeklyChronick. liis premises there were pulled down
fur the improvements. fhen he went into the coal busi.
nes., and afterwards joined Mr. Arthur in this colliery.
Mr. Arthur had made inquiries about his respectability ; so
had the Edinburgh Life Assurance Company, the owners of
the colliery. It was now held by his mortgagees. lie bad
been disappointed in obtaining a contract with the Russian
gosernment. He had been Insolvent in 1819. He had been
cenductieg a coal company.
Mr. Lluyd—The London and Westminster Coal Com-
pany, your honour. Capital, 30,0001. (Laughter.)
Mr. Lawrence—That company was never formed. The
shares were not taken up.
The Commissioner—Will, if the public will allow dust
to be thrown in their eyes in this way, there is no help
for it.

Mr. Lawrance—Especially coal dust. (Laughter.)
His Honour said there did not appear to be any charge
against the bankrupt beyond that of his former failures.
Mr. Lloyd said he had been in a dozen bubble companies
since his last failure. Ia all his failures he had never bad
o pa nay of ameta.
His Honour said his viaduct en those occasions had been
airs atly considered by the court before whom he went, and
ought not to be tried again now. It appeared that Mr.
Arthur had had the sole management of the mine, in re-
spect of which be was a large creditor. Considering that
there was no opposition from any other quarter, and look-
ing at the peculiarity of the relations between him and
Mr. Arthur, he saw no reason for refusing the certificate,
simply because he had begun with lesa than nothing and
coded the same. No ease for its refusal had been made
out. Ile did not like the quarter when, the opposition
came. There did not appear to be anything in the change
of Hasa.: it was stated that Oadesden was the old family
name. Hs should grant hint a certificate of the third clam.

_ . .
egigeoded to it were some hundreds of names written in Wi*ele—chais ems ._—. la the market.
preen after the smuts had been obtained. The manorial Mr. Imam ( pospietor of the market)—l have e..
VW prowented to the board, and en order was made on doubt that the wait wal to hf identified as the stolen
mod* end discussion for the payment of the costs. The watch of the premenlar. The eoner came to me about
parties kering been thus cleared horn liability for all the the watch whisk he had ghee to my brother, who is a very
emle, the libel in question aas written with respect to this poor 111012. to lark, owl said that my brother had stolen
transestion. It appeared a. a leading article, and impaled the mad he demendeil money, and used most abusive
dishonesty to the trustees chiefly. There was no direct in- sad I bad every mason to suppose,
culpatiou of the plaintiff.
U. the close of the plaintirs east, the Attorney-General hum Usk* and harm diadem who robbed my brother
sidrused the jury let the defendant. The melees had CENTRAL CRIMINAL COURT. of the am woe eamestsd with the original robbery at the
hoonliirj to ray the kart, of • breach of duty, and --.. nese. The ./r, mu *rift that the matter wu sure
So Lel Yr. Merry, to say the least of them, were OLD COURL—YerrEADAT. to be tavos add thet the works of • stolen watch
of 'cry Ashby, paltry conduct. The matter was ammo Na. Mines COMM' ass Na. saw Purr. had boa seletabded in Rim stew watch hi bed. given to
me of public astutely, sad very properly attracted the ALL/1070 AMAI:LT. In mast It mums& to me that theta* Sig that
imanets. emirizgreizissa Thaw was, humor, media
g=miatissawit, a welts mad rantestalis appearance, NMI be dens wee to abeethe the watch in the lime, ad
Is ihs orb** toseehing the w thy sag odd ar,,, a amp agemesittiog • Modred people MIA upon me, all of wham had Ma
.00010 slat ovioloat. The mesdehet of • Madam esmilt igen • mu; women molted Elisa robbed at the ram of gMit watches. The plme mu as.
ale rem la milsse the saimplisettsa of the -try ilasEr. tally besieged.
'toads ft the M es... It Oat Me pmeadrix was admislis must Mt ThirtaneatinealeasentabillearettallittswlMAlMA
Ye T. Peneek, let eemies tw tel 4 the jury they were the dike orbs meld« inthrellymeA, sad been Mesa by madmen who hist been ribbed at guani
begat te gad • wad gwr the *bet sa ilia lows raised the Wises le the phew me maga to bare Cl goill Nana slashes ; bat the dualpesa Ten by the
by the That gen As le the piss afjosellemisa, theyadebt bus Me at Mehl m the lith of Apt Tke de. poemeor was the cab Me 101/111 with the
il •a • they gamed TbraO they think the lempage Mils am of seems sat of a mature to admit of being pub. deMplita of tho watt peeillaud.
of the NM lee stream it Merestedeol the writer's splaiin belted. The prieoner—Lot no lei at the movement of the watch.
of
Oho Ileammetion without Asa to impute dishomity to &Aunt Wilkins defended the prisoner, and was sue- Here tho works we honied to end minima t y the pit.
the g The stair was CeriaWy of • peddle saws, oust& in raising a doubt whether the prosreutrix was not • saner, who said, .• nu le set the accusal of the watch
✓ib wall anesive scarcely • grow ban& of nut cosmetics party. I gave to Isaacs I WM. What I gave te Ida to repair was
lbw the appastien of the charity funds to seek a pur- Tee jury without any hesitation returned a verdict of something of • Fiera watch. I tea wag a party forward '
pm. If the ..duet of the trustees was brought under Not Gushy. who sew me buy the wale Igm Yes."
be seem el • mart of equity, it was very probable Alum, Doca R . The primer wee this yeamitsd.
that the trustees mad be erterod to make good the Abel Curtis surrendered to Wm Ids trial far stealing 11 The Lord Mpg sugmegleg that the pass yam asquay.
maw they had se mieppited. The Lord CbaaceUor could, *noes of indigo, vales IL, tie popmey of the East and ledge his NM* If the ball of • Doak of Daphol Mt,
haws ordered the essU la be paM by_tho charity if he West India Dock Company. No. 94,211, der IL, hem OM., for the edam by the
lung* gt. Ae remindeg the pi/0W sad Mr. Merry, Mr. Clarkson, isneeVyhe se, mkt that the rimier Orsoulenealooloost oalmlaimALL. 1
nate useasoi te be 'Muds Cl the poor, it was vary extra. was a woos of , who DM the atuation of
.dray that they should hue ammed them te pay clerk to ea image ,bat the oempsay ha whom be Jams Iktelik, aged II yeafraidtbe son of a bmelleei
*On NIL Th trustees
e wise hem, at MI maw to hew Ind W Yam to mem bit the their deli te those who elements la the waft of was up.egagieged,
creed dl They shad/ Moe paid the poet recede— inamed Usk peppy 19 their asap, left the so altar. shimpi with egging Moms eie
wafted mill th,s mow was la Oak end Mu bus Mire lint le peser Ms gamut drum wink Wu. end In. Illsa Oh essmisa Mr. Lewis, whom name hail been
wile " seme yea eta de m yam Yke with_ It _ but they smash as we a* dpiundler by mg rum k their senior frigid, yule ettsailmen Raring parted that the =leg
shoat Imo lest pail k dal.Ths jury shoed tabs the was mar pared ewer without peseesse ea. they web' sot se the dews wasautbMhe was meresantlesdanisaii-i
me hie thole matimilka, sad give sub emsges es they refrain from taking the assn MON Ida to the I ant • diammi meehent and dealer is juralisry, and nw
nessla perm If It EMI be their ',Mae that the prisms,. The Mimed eause the pMaaadoito mania at Otammeresests 111. James's. I Ant met rheas* hl
esmemeal al the Aunt was 100 he the ems- to the jury
_the iii_-es mite whieh the Marge Swath Wailes sheet Me meatheorale. I Monroe mu
eisa, Way mew lama W awl We the If they ma preemed, sad it mewed that pier at the Imago him at emmiassek whose be ame dam Idm
thee& Dm Juitleni, they wadi GM he the dehailind. sales at the miasma al the clammy la leworahest. wont rola MK le Milk sad hem thin to Wiwi well
The Noy Om& • mist tee the plahale—la. domes. It was the mutest of the Mehl le the Dime leans Clamliedus when I memmleil bomb* and have Mum
=la tie tub le le the mealmosts le Ma tilm Me Oh yak teak Jime. I ilmad out ha was ring
111113IFFS' COURT—Tiernon. and anim the dmmmt eamtietaas es Indigo sat MOM ramay, mid Igm him • cheque
oraselsamAna guessamenos or lharomn. thin were le be put up ter mie. Oa the Ilit of Nag the with my ma /we, but anybody's, sash en .. st
not 07 way mist Ir the warsheass II the .psehmme a his I moo it le him am* to make • show of
At MIN" =WA* idigeke Inn eyed ill =l:estail a smiler ef dillimat sompft wee thews to hi bearntabiate at Ostia I pas is bite ii,
Mumble re frel:B4lldi De him oad the seam impala I* him was that of baviag end pseud It is lawbooe that he might ors it la
ealled UPI at the of tabea by please of bilge from • gumelly OM WU Nab- rowel et We eswismiene, to bleats ale he was net wlth.
timritur7 Tangle ; lama emery, at the milted te Ma for inspection It - diet let maw est Au* et mem
alt of Isabela Ana Mum
elitlrmillmi C
and
ishesi I mime el something that bad y teemed, they*. ter Pair Inforie--Dte per have net Mild as what la.
iiire.tairlit6 at 2 sztim. %1.. 3111.am:re :Miro
toliedieverabordeezzete irel=„l:siztrbliebest demi tag is pleat viiiwaith a we%
rigivillrilbea
W bias lkitsgr, at lb tee el stiles Dora i Dr- I INN Ida Ida ibiele ilii arbeiess 1, lei, al be reiiiM filligeriesp="llll "II
ibis . . 1