The Express.
London, England, 1851-05-17 00:00:00

The jury, under hie lordship's direction, found a verdict
for the plaintiff.
The court tried three other causes, but now of them pos-
sessed the !,:lst general intt rest.

EXC I I EQUEII, el lAM BE R.—Y ESTERDA T.
P•mrom Aso INS Jebur •r nu e• 11111 Or
Qcorpro Boer. at, COSMOS NAAS. rw V.Joluier nal Tito Corsi
Or Elem. taw..
SEIDNER V. ILEUM AND OTRERS. P . RIGHTS.—
QrDsTION oF NEW INVENTION
This ease, which came up on a bill of exceptions, involves •
a question as to the validity of t patent for making garan-
thie front spent madder. The short history of the dyeing pro-
eess is this : madder root formerly was ground into pewder
and put into a vat with the cloth to be dyed. The debris
of the powder Was termed spent madder, and thrown away
as useless. In 1832, the present patentee took out a patent !
somewhat similar to the one now in question—among!
other things, for making spent madder available for dye- i
ing purposes by means of sulphuric and other acids and
frequent washings in told water. It was, however, found
that though the madder so prepared yielded colour in
dyeing, the. colours were fugitive, and therefore not ofmuch
use. In 1812, what was termed the garancine process was
introduced from abroad, and came int.) general use. By
this process heated acid was applied to the madder,
from which n substance was obtained tattled ga-
rancine. The substance was put into a vat with
the clothes to be dyed, and the resat; was that a
more brilliant, and in some respects, a more durable, colour I
was obtained. In 1843 the patent, the subject of this
action, was takea out, the object being V., obtain garancine
from spent madder, by the same process previously used fur
obtaining garancine front madder it
the action fur the infriugement of the plaintiff's patent,
the (lief limn ruled that it ,elf. At the trial of
whereupon a hill of exceptions ai not a new invention,
,N
as taken to his lordship's
ruling. Ihe case was partly he
Hilary Term, when Mr.
the ease of the plaintiff in ern are at the sittings after
" Jll was beard in support of
Mr. Chaaliv, who, with
for tho defendant, contend(
Ya. Ilindmarsh, now appeared
d that it was not a valid patent,
inasmuch as it was not a new invention. To grant a
monopoly in such a east as this would he to carry a patent
to an extent to which had never before been carried.
Sol'lt.so the owe of the price of fresh madder being so low,
that it was unneec scary to resort to the use of spent madder.
A pers.m might fores. ,e a time when the price of fresh mad-
der would rise cons. olerahly ; he took out a patent. There
was no dio'ooorY tl wry, but a clever anticipation of a rise
in the market.
Mi. Watson (vs sth him Mr. Cowling), in reply, submitted
that the use of • ralinary madder dye had not been super-
(saran' :Mc did not supers,le madder. The one
was a brown,' other a brighter and more brilliant colour.
Up to the tit le of the patent the refuse was wholly lost.
Gamow a the Freud% Mono for madder; garancine the
extract. I c was proved that the plaintiff, by means of the
Pot..at. taint a very prelit Irma the refuse
of kis .1y .sing vat., which was pest ioway thrown away. All
the earl ny suh.tallee in nimble r is removed in garancine.
Mr. Justice Patteaon said the court would take time to
colon(' er the ease, and probably give judgment in the
Cour, a of the present sittings.
W itSoN r. T E BIMIEN It RAs, LA NCASH I RE, AND
CH PAHIRE JUNITIoN RAILWAT courAmy.—TECIIMIVAL
P _

This case came up on a writ of error to a judgment of the
Court of Exchequer on a .lariat demurrer. It was an ac-
tion to recover lila, tine amount of a call of Int. on ten
shares is company. 'f he derunlant demurred on the
ground that tine deektration did not aver that he was the
holder of shares at the time the call was made. Jull;tment
it, the court below NUS given for the plaintiff., nor the
defendants in ern's. ; and the point iill'lolVell WU% whether
the allegation that the defendant was the holder of the
tharrs was. sufficient.
Mr. on Behalf of the plaintiff in error, said the
writ of error we., hrou,tltt iu calm:Lamer of the summary
manner in which the smut is low had given judgment with-
out hearing counsel. The case was reported lli Lair Jmet-
p. l Pi, under the name " The Birkenhead, &r., Rail-
way r. Webster." The learned counsel hail only proceeded
with his argument a short way when
The court intimated that they were quite satisfied oa the
point, and gave judgment athendug that of the Court of
F.:chequer.

COURT OF B.LNKRUPTCY.—YEsTERDAY.
131.1,141 M C0N1111.10111,11
IN All VAN DEN ENDE.—ENTV.NSIVE FAILERE to VIE
WOOL TUAII.E.

This was the certifieateMcetingiiTthe case of Peter Van
Den Emir, wsolstapler, of Strootl, in Kent.
The balance-sheet, prepared by Messrs. Hart, of Georges
yard, commenced on the Ist of July, 1817, with a capital of
3,601/., and extended. over a period of three-and ashalll
wars. The bankrupt now owed to unsecured creditors!
3,379/., and 4,923/. to those holding security, the stunrities,
however, being only estimated at 3,300/. The assets con-
sisted of 221.11. in cash and 4101. in furniture, and 371. in
goal debts.
Mr. Nicholson, the official assignee, reported that the
profits had been 7,219/. ; losses, 10,438/.; trade expenses,
4,1121.; domestic ditto, 1,3681.; bail debts, 107/. The
bankrupt's transactions bad been very extensive, he having,
during his trading, bought wool: to the extent of about
145,0001. He ascribed his heavy lossoi principally to the
late revolution in Franc,'. The hooks had been well kept.
The statement of losses was fully borne out by the invoices
ant other documents produced.
Mr. Bagley appeared in support of the bankrupt's appli-
cation.
Mr. Cooke opposed, for the assignees.
Mr. !tart, fur the official assignee, stated that a'negotia-
. lion had twat entered into with the securvil ereditors
wherehy they had released the estate from further liability,
and banded over a cheque for 300!., on condition of retain-
ing tbe securities undisturbed.
Mr. Wowl, solicitor to the assignees, said the arranges
taunt had been sanctioned by the court, as the best that
could be made for Wilt sides. The creditors in question,
Bay and Nicholson, bankers, of Itochester, had
behaved in a most honourable ns. ttttt cr.
Ms Honour said they had done far tho hest, to keep
clear of Chanvery proceedings.
The bankrupt, in answer to quelions by Mr. Cooke, said
lie had compounded with his creditors, in Holland, in IS.!),
whit he uwed less than 2,000/., and paid VA. in the pound.
That failure was orcasioned by the French GoverninctiC
.

imposing a duty of 30 per cellt.oll WthaS 1111111011131 alb) that
country. lie next failed in London, in I$l.S, owint alsaat
;,t U. The dividend wax small : he did not know the
exact amount. ate atterwanls became agent to Itougemont,
and continued so till lM a, when Rungs:tut-int became bank-
rupt. Ile had since traded on his own account.
Mr. Cooke having referred to the pro ceding.,, said it
appeared he had to Mlle bankrupt in 1h39, and had nut got
ha. certificate till 1843.

j Mr. Lowrance, tor the bankrupts, referred to the case of
• Carley, in Mr. Commissioner Fonblunijue's court, and
contended that the otllwee had twin purged by the bayk-
rupta making a full disclosure and giving up the property,
hetnre jut-sing their last examination. The lirincipk: of the
bankrupt law was to give a man a locus penttentiw.
Judgunnt was deferred.
BIOOKI Ma. llut mom. y■ Eon,/ axong,
RE COLUMBINE.
The lumknipt, a slicitor, was trazetted in Ina: his ac-
counts had only been recently tiled. Ile therein claimed to
Ile a creditor for professional services nwdert dto a elk nt
named live, subsequent to the adjudication. The atnignert
claimed the sum thus due: the bankrupt had presented a
petition that the amount might be paid over to him.

His Honour held that a bankrupt was entitled to a rea-
sonable subsistence during the period in question, and made
an order on the assiguee% for payment of the amount iu
question.

INSOLVENT DEBTORS COURT.—YEsTERtuy.

„ .....
Bankrupt said he had applied to the creditors, but could
not get a sufficient number to sign his certificate ; alter the
alteration ~f the law, he got it from the commissioner. In
August last he bad obtained wool, to the amount of te.lol.
from :Messrs. Bleakley, of Norwich (the trade :assignees).
'they were scat to London, and sold by Memos. Stevens and
Co. brokers. Ile received the account sales on the 11th of
December, after his stoppage. They sold fur MD. 2s. 9d. ;
he did not receive the money, but it was placed to his ac-
count. The goods were sent direct by Messrs. Bleakley to
Stevens and Co., to be shipped to France. Ile had orders
at the time from different houses in France. Stevens and'
Co. had not made him advances in cask ; but he hail drawn
on them, and they had accepted his draughts. Part of
Messrs. Bleakley's wools were thrown on his hands, the
house of Von Steyke, in France, having refused to
take them. Had 'paid Messrs. Bleakley bi.il. in bills
in September' but that was on account of a previous
order. Since March 1149 he hail hail goods from Messrs.
Bleakley to the amount of 11,100/. Ile had remitted them
two bills in respect of the last transaction; but they had
been dishonoured. When the wools were refused by Von
Steyke, he did not return them to Messrs. Bleakley, be-
cause he thought himself solvent at the time. Ilis Insol-
vency had been occasioned by the sales of goals over which
lie hail no control. Ile was solvent on the 10th of August,
10.50; the locate had been mainly occasioned by the sacri•
Mee of goods; a loss of 4,7001. had been incurred since the
bankruptcy.
I The official assignee stated that this was correct to a great
exteut, owing to the fall in the markets. Wool was au
article liable to great fluctuations.
Bankrupt further stated that on the 2nd of August he
owed his bankers, Messrs. Day and Nicholson, 2,1180., for
which they held security on a freehold house. lie was de-
cidedly solvent on the 10th of August, 11410.
The Commissioner.—flow can you make that out, after
you had lost 1,900'. by wool consigned to the French market
in 1818, and had incurred other losses ? If you had been
wound up at that time the result would hart:been much the
same as now.

Knuuz. INS CRISS CoSI11.1.111•.
IN 111 NI.VTTSS OF Jl/us WI:r110, LETTI( E.

Mr. Howse applied on the part of a creditor for a rule no
the insolvent to show rinse who he had not made his quar-
terly payments atm:tailing to fibs undertaking, or why he
should not he committed fur contempt. The insolvent,
who is a clerk in the money order department of the l'ost-
office, was diseltarged in Marsh IS4O, and out of a salary of
1461. a year, he undertook to pay 60/. a year towards the
liquidation of his debts, and signed an undertaking w hich
bad beta made a rule of court. Four quarterly payments
had become due, and no portion had been paid to the pro-
visitsnal assignee. :Some communications had passed be-
tween the insolvent and the attorney now applying, and
the Postmaster-General had been written to on the
subject, and his secretary, Mr. Rowland
had informed the solicitor that the provisional
assignee of the court must make an application on
the subject. The provisional a.signee had made a minute
to induce the insolvent to pay the motley without en
official application, which had not been dune, and tiny
made the present application for an tinder to Liss provi-
sional assignee to apply, or for a rule on the insolvent to
show Caulk, why he should not pay the money. The learned
rouiic •1 suggcsbal that the rule should be on the in-sass:tit,
to show cause why he slid nut pay the money, and iu default
whF he should nut be committed.
he Chief Commissioner said he saw no objection to such
a rule after the several applications made to the insolvent.
It was his own undertaking, which he had signed when he
was discharged.
Mr. Dowse said he would take a rule nisi, calling on
the insolvent to show cause why he refused to pay the
money.—ltulc accordingly granted.

CENTRAL CRIMINAL COURT.
OLD COUla. —YEsTERDAY.
Ihroar Ma. BARON Aaartoor aru Ma..ltarma Taarocup.
ALLEGED CHILLI Meal/Ea.

Mary Ann Cinte---tw;lndict;i for the wilful murder
of her illegitimate Male child, by drowning it.
The evidence merely went to show that on the With of
March the prisoner was delivered of the child in question,
ut her father's house, in York-street, St. Luke's, and Mr.
Mack, a medical gentleman. who was called in, expressed
an opinion that the child was horn alive, and that its death
was the result of drowning ; but the reasons for this opinion
were by no means conclusive, and there was an utter
absence of any. evidence to show, that even supposing the
child had in point of fact been born alive, the death was
the result of any foul art on the part of the prisoners.
The mom ell jury, it appeared, had returned a verdict of
" Found drowned."

The bankrupt repeated his statement that a loss of
4,700/. had been incurred since his stoppage in October last.
Ile had then called together his creditors, hoping to pay
then. 15s. in the pound ; hut, owing to the continued fall in
I the markets, he could only offer them 61.3 d. in the pound.
Ile had not placed Messrs. Blealdey's wools in the hands
of Stevens and Co. fur the purpose of raising money. llad
not paid the advances received from them to Messrs.
Bleakley because he considered Himself solvent. One of
his creditors refused the composition of 63. in the pound,
and it:was not carried out. Afterwards he could only offer THIRD COL:RT.—YESTERDAY.
35., some smacks having been seized by Messrs. bay and 13110111( 1111; COSIXON NIMJILLIer.
, Nicholson, but they had since been given up. The capital, EM/AZZLEMENT.
stated in his balance-sheet at 3,600/., had comprised a free- WM. Dudley, 40, upholsterer, was indicted for embezzle-
hold estate at Stroud, worth 2,500/., which had been bought ! ment.
for him by his friends. Messrs. Day and Nicholson now The prisoner, '"-
held the deeds of that estate, as security for I their debt. not guilty.
Mr. Page Bleackley deposed that the bankrupt owed) Mr. k arebrother, of New Millman-street, Brunswick-
' their firm upwards of 1,1001., for wools and a returned bill. square, proved having paid to prisoner, on the 24th or
He saw the bankrupt in July, who asked to be served with March, the sum of dl. 10s.; Mr. Thomas Wyldc, of the !
, wools for the French market. In invoicing the goods they Robe Inn, Old Bailey, on the Bth of March, 31. 19a. 6d.; i
allowed the bankrupt discount, as if for cash. Ile sent and Mr. Gooch, of the Bull Inn, Old Bailey, 21.
1 part cash and part bills, some of which bad been paid.' The prosecutor, Mr. William Kirby, of 60. Old Bailey,
the last lot had nut been paid for. Had they known his , upholsterer, said that the prisoner had been thrco years in
circumstances they should not have given him credit. Had , lus service, and had Ms. a week and a per centago on what
known hint since 1813 or 1814, when he was buying for he sold. Witness had two businesses, the one alluded to
Rougemont and Co.; he continued to do so till Aug., 1847. and another at Westminster, and the City one was the one
His dealings on his own account had extended from April at which the prisoner was principally engaged. Witness
or May, 1849, to August !mt. Their transactions with him had discharged him for having sent away to his own house
had been large—about 14,0001. Ile usually bought by a chest of drawers and a carpet. lie then told him that he
letter. Their terms were 11 discount for cash, or three, had been robbing him , but in consequence of prisoner ap-
' months' credit; but they never dea.t with the bankrupt on pealing to him on bohalf of his wife and child, he declined
credit. All the invoices had the discount taken off, but the prang him in custody to an officer who was then present ;
bankrupt sometimes took credit. He used to send tills, of I but subsequently finding out that he had been plundered
various dates, instead of cash. to a great extent, hesavc instruction* to dare lam appre-
Mr. Cooke contended that the bankrupt's trading had i hended. Between Ille time of prisoner's being discharged
been reckless, esperndly after the warning of two turner' and his apprehension several applications had been made on
failure*. The goods oWalued from Mane, Bleakley, when behalf of prisoner to compromise the matter.

Mr. llama Aliterbon stopped the cue, and the jury,
under h 6 lurch rip x direction, returned a verdict of Aut

r, a most rcrpcctuble•looking man, ploaded

'refused by Von Bteyke, ought to have been returned ; in-1 Webb, 258 City police, said that when he apprehended
stead of which they found their way to the brokers, to be the prisoner, which he did on the Ifith of April, at his own
by them tomtit into minty, but none of this money was house, in Hatfield•street, prisoner said he was sorry for what
paid to Messrs. llleakley. It was useless for lim to say hail occurr. d. and had sent and offered part of the money,
that he was then solvent: the accounts contradicted this. which Mr. Kirby would not accept.
The case was clearly not one for an immediate certificate; ! Mr. Payne having addr. sued the jury, they returned a
frequeut failure,. ought to Ise discouraged by the court. I verdict of Guilty.
'1 he Commissinuerflecidedly so. I A former conviction was proved against the prisoner in
Mr. Bagley urged that the opposition on the part of the' 1841, when he was then tried, and convicted in this court
assignees had entirely failed ; snit as regarded the particu- for ender:element, and transported for seven years. Thu
liar creditors, Messrs. Bleaklev. they had little ground of prinectitor in that case, a baker in the Strand, and who
complaint, as it was only the lust transaction of a long came up to prove the conviction, said the prisoner was then
aerie,' amounting to 14,0001.. in which the bankrupt hail in his service, and that alter his conviction, in consideration
failed in his payments. His failure had been precipitated of his wife and child, lie (the pro,cuter) had memorialised
! by the refusal of the French house to take the goods which government. and got his sentence commuted to a short period
he had bought purpenely to consign to them; and of imprisonment.
the fall in the markets which followed had wig- I Ile was sentenced to seven years' tratoportatiiin.
melded hit loses. Ile had offered an assignmentd TIM DIAMINIP 11.01111/.lor.
' but the creditor preferred a composition. Ile E. Thoucti, the clerk who yesterday pleadol guilty to
I had offered them 6s. 3d., which Mr. Bleaklay was willing stealing a quantity of diamonds, was brought up for seas
to accept. but some other creditors refusing, the arrange- fence.
ince could nut be carried out. Meantime wools fi dl in Several witnesses having awaken highly of his previoas
valve, and he was soon only able to offer 3.. Fortunately character, judgment was respited until neat anion.
the estate would now turn out more favourably, and pro-
. hably the creditors would get Is. fal. in the pound. That
his dealings were not reckless was proved by the fact that
the wool which he had bought of Messrs. Illeakley for
lad. a pound, he had contracted. to ill to Van Steyke for
1101.—a very considerable profit. When Van Steyko repu-
diated the contract, he could not have returned the goods to
Messrs. Bleakey, without being guilty of a fmudsiletit
preference. The bankrupt had acted bona title throughout,
and was clearly entitled to his certificate. Ile had had
' great experience in the wool trade, and after transactions
'I to the extent of 170,000/., the amount due to unsecured
creditors was compar direly mall, •1,7:0;1. ; while the asset.,
including the MO/. from the secured creditors, would be
Inear 1,200/. lbw. the ultimate loss was only about 3,,k10/.,
less than the capital he bemin with. The case was free
'I front any taint of fraud: the mono nt begot into difficulties
he hail called together his creditors, and placed I ' If in
their hands. But for unavoidable buses, he would now ban.
teen 1,000/. before the world.
Ilia Honour said the assignee, hail done quite right in
having this matter thoroughly investigated, as it involved
two or three principles of great importance to the commer-
cial world. Nu wonder that Mr. Bleakley felt rather sere.
having trusted the bankrupt very shortly before his failure:
the circumstances were such as to call fur inquiry, but lie
was bound to say that the bankrupt had come out of the in-
quiry without any stain whatever upon hi. probity or. fair
dealing. It wens true he hail been unfortunate in bustansi
I twelve year. ago; though he had failed in getting his certi-
. teat.. front the creditors, he had applied for and obtained it
as anon as the power was transit rrol to that court ; it could
not 1s• held that he was thereby Ili-qualified from ever bring
trusted again ; and it would he monstrotta to say that he
should be entitled to no future benefit from the bankrupt
laws. Alter obtaining his certificate, he heel not rushed
headlong into basins ss without capital, but had cemented
himself with acting as au agent or servant for another
house, in which capacity he continued for seven year.. and
realised, a. shown by the bodes, nearly four thoinand
poin:ds. The hoe: for which he had SO acted failed;
certain of the goods in his hands were claimed by the
assigier. ; and the matter van. arranged by his paying Ms.
in the pound on the value. But that could not lie called a
taminisition on his part. Ilia books had been kept with
singular accuracy, and fully and romplt tely bore out the
amount of 1..... a. The loss of 1,900/. un good. esinsimted
to France at the period of the revolution in ISIS was clearly
the result of navrogolohle ' fortune. Tit, question might
arise' whether the bankrupt ought not then to have mime to
the court: but as the amount of boa did not equal his
capital, and as the eiretiongano ev were altogether unusual
and not likely to eweur again, lie was nut bound to do SO.
It slid not appear that he was wromt iii thinking hisseo.lf
oily: sit in August last. Like un 1 Ist man, he hail given
up 2201. in rash to his asoisrmes: his fainiiture. a Isieh he
had only estituated at 210/., had prolueed upwards of
100/. ; and there were hanlly any bail debts. Ilia losses
since August, in conscquenee of the sudden fall in the
price of wool, were voitlieient to account for his not paving I
20.. in the pound. Subtracting from his Ins. of upward. oil
4,000/. the amount of assets given up, 1,2110/., the difference
was less than the actual capital which lie had canna' in the
interval since his former failure. Ile had called together
his crudities, and placed himself unreservedly in their
hands. The hull of the market, wail an event over which he
hail no cntrol. There was nothing to cliental.. hint to an
immediate certitivate of the tint Blass. The bankrupt had
bon remarkably unfortunate; there were ciactinotancasi
which melt it quite right that the siso.hrnm.,, 'Mould inv,tj.
gate the transactions thoroughly; but the bankrupt came
unacathed out of the inquiry, and the court awarded him a
certificate of the first ciao.
Iv lilt CoI:IMAM.
lid. was the last eliaMillation meeting in the caw of R.
B. Coltman, slessrrilwil as a court milliner, of 14. watt-street.
Ilia debt* were 1000/. ; asset. bandy sufficient to pay the
expenses. The account, had heat prepared by Messrs.
Hart. No opploition wa. offered ; and his Honour allowed
him to pass, observing that there were several quest.
which would have to be considered at the certificate meeting.
Iv 10: lisln LANDsoN AND ItoWLANIsSoN.
This raw was resumed by adjournment from Monday.
The bankrupts, drapers and upholsterers, in Whitecliapel-
road, had applies( thr their ovtificates, w Welt were
opposed in the gro ttttt 1 of concealment of property.
Mr. Tuner, for the cosigner., contended that the bank-
nipta were cached. il altogether from a certificate, under
the 201st uud 2itith %Adkins of the new act.

THE POLICE COURTS.

GU ILDI!ALL.

Mr. Mason, a SpaZllll7;;K:nt of the City, appeared
!furore the pitting magistrato in company with several
Spanish gentlemen, to ask his assistance in enforcing a con-
tract which the complainants had made with a company in
Madrid to bring them to London to see the Great Exhibi-
tion, provide them with board and Witting, a carriage, and
other necessaries, and to defray the expenses of their visits
to the various sights and to the opera, and after staying ten
days in London, to take them tuck to Madrid by way of
Paris, remainin4 there eight days, and treating them to all
tit. entertainment+ us in Landon. The charge was .10/. per
head. The contract stated that the accotumodation should
he of the best description, and that a box at the owns phould
be engaged for their use. They complained that they wero
put into the gallery at the opera instead of the boxes, and
the carriage u 3,4 not ready until 12 o'clock at noon, when
the day was half gone. They had no complaint as to hoard
and lodging, but the gentlemen were under the impression
that the parties were about to abandon the control. altoge-
ther, and to leave them to find their way back to Madrid as
they beet could.
Alderman Salomon+ asked if the contract had been undo
with an English Company ?
Mr. Ma-on said it was not; it was composed entirely of
simulants. There was an agent in Lmdfdl, who aas acting
under the direction of a member ol• the company, of the
name of Saavedra, who is at present in Paris.
Alderman Salon,,.• !UM hr wa- very ;Lad thee were not
Englishmen, us it would hare reflected great disgniee ant
this country at •uch a time. Ile mould have nu jurisdiction
over the (11'.• where the contract was 1111111 P in another
country. Ile was of opinion tied the only redress that
could to ohtainsd would he a suit at Madrid fcc the
neorery of th.. in •y they had paid. At the came time,
Mr. Ma-on mention to the agent that the matter
been brought under the notice of the mag;strate, and that
he recommended him to carry• out the contract. 'Then• was
very doubt that all the magistrates of London would
assist each other in all;efling evert• prat. (lion to foreigners
coming to this country to see the Exhibition as tar as their
power would allow