The Express.
London, England, 1849-12-13 00:00:00

THE POLICE COURTS.

companies enjoyed.
Mr. Bothell was heard on Monday, and Mr. Bacon and
Mr. Follett on Tuesday, for the London and North Western
Company, in opposition to the application of the plaintiff.
and in support of the motion to discharge or very materially
the injunction granted by the Vim-Chancellor Knight
Bruce. They characterised the attempt of the plaintiffs as a
fraud on the agreement for the construction of the station,
from which they attempted to derive advantages at the ex-
pense and initiry of the other companies, especially the
Loa don and North Western. It was not contemplated at
the time of the agreement that the plaintiffs, who only paid
one-sixth of the expenses of the station, should join with
another company and carry pameugers from that company's
line (the Shrewsbury, Wolverhampton, and Birmingham
line) to the joint station at Chester. It was (triune* of
fraud that the plaintiffs, while they charged 9s. tar passen-
gers hoes Cheater to Shrewsbury, carried them on to
Wolverhampton for la. ; and so was the carrying of passen-
gers by omnibuses from Chester to Birkenhead-16 miles—
kr Is. 6d.
The Lord Chancellor said he did not oft how the Prices
charged for passengers opal& aid him in punier a construe
Son on the wanes between ATM her parties In
respect to
the common station. This emirs was sot to be pat in motion
to restrain competition between public carriers.
The learned counsel said it was material to urge these
points as evidence of fraud in the contract.
Mr. J. Parker and Mr. Olasse were heard for the Bilks's-
heed, Cheshire. sad lancesbire Company and Mr. J. Bus-
esll sad Mr. Willoock tor the Holyhead and Chester Com-
pany. They urged the seine arguments as the counsel for
the London and the North Western Company in this court,
and oleo in V ice-Chanoellor Knight Bruce's court, on the
4th and 6th inst. (see the Expreu of the 6th and 6th
inst.)
Mr. Haling woe heard in reply on Tuesday and yesterday
Twidal;ard
The Chancellor proceeded to give his judgment.
The case was of great importance with respect to the value
of the property, but the question for his decision
resolved itself into a very simple proposition. All
them four railway companies were connected toge-
ther for their mutual advantage and for exercising
their individual rights, wall right of competition without re-
striction. It appeared to hams been considered the inter. at
of all the companies to have one joint station. If nothing
had been'said before the construction of the station, one
would naturally suppos moths
atint station was to be as
free to each se a single have bees, oath to have
the a me benefit and advantage as if it were confined to its
own business. The only contract between the companies was
that each should have complete station accommodation for
all par with this restriction c
ameo it wto be a station
for e only. The question, then,
in what the station committee have done for the purposes of
the joint enjoyment of the. station, they have attempted to
deprive some of the companies allot complete enjoyment to
which each was entitled. It was said in the course of the
argument that competition between some of the conipanics ,
was the foundation of the present contest, one company es-
Hay
deavooring to secure to itself passenge whisk
other desired to carry. His lordship read seemed I
letters which passed between the station master and the
representative of the Birkenhead and Chester Railway COMO.
pang on one aide, and the representative of the plaintiffs ea
the other, and also some passages from the affidavits, and'
from these he saw clearly that competition between the
London and North-Western Company and the plaintiffs on
one side, and the Birkenhead, Cheshire, and Lancashire
Company on the other, was the cause of the difference.
Before the opening of the line from Shrewsbury to Wolver-
hampton, the North-Western had the meaopoly of the
traffic from Birmingham and Wolverhampton. There was
in the resolution of the station committee of the 13th of
November, and in the affidavits of the defendant's agents,
• dear unequivocal admission that the resolution itself had
to its object to prevent the plaintiffs from continuing the
competition with the London and North-Western Company
as the one side, and the Birkenhead, Cheshire, and
Lancashire Company on the other. They pr-
bably make out a agains
la t the plaintiffs, but
case
not the form now before the court. It nowhere appears
that the plaintiffs ever bound themselves not to enter into
competition with the other companies; or that they have not
dens anythiog contrary to what they stipulated. His lord-
ship, had, therefore to consider whether the restrictions im-
posed upon the plaintiffs at the station were not an abuse of
power by the station committee, for the benefit of the other
lines. The line from Shrewsbury to Wolverhampton being
open, the plaintiffs desired to book passengers through both
lines, the owners of the lines accounting among themselves
for the fares. It was obviously for the benefit of the rail-
ways, certainly for the benefit of the public, to book through
the two lines. What injury could that do to the station ?
There was no more space taken up by it than if the booking
of the passengers was for one line only. It was a mat legitimate
nes of the joint station. The plaintiffs had a right o
book through to Wolverhampton. The Vice-Chant
cello was of that opinion • but then he introduced this
proviso into his order. (His lordship read the proviso as
above.) How could the booking through effort the joint
owners of the station ? Itemmed to his lordship to be the
right of those parties to book passengers as far as they could
to carry them. The other question in the case was
=sr the defendants as the station committee bed a right
to tell the pleintiffs that when their passengers arrived at
Chester, se menages should come into the station to take
them anyerlars except to Chester—if they wanted to go to
they should have conveyances, but if else-
I whim. nose. His lordship was bound to say that that
thelidelfes was not reasonable. Why not have public
winveyerieles to Birkenhead or anywhere else as
Lei es to Chador ? That wee what caused the
eimpelitimi between the plaintiffs and the Birkenhead
inte-
and
Okalits Company. The other companies wereot
n
rested Is that. If a passenger coming by the intiffe rail-
, way had to go to Birkenhead at a low fare, he might be told
1 that there would be a railway train at a certain hour. But
I the wens', might say he could net wait for the railway,
I and he woad go by cab or other public carriage. And why
should he be prevented ? The committee directed that nese
1 shield ems tato the station except those that carried to the
Sari Accost. This restriction was evidently adopted for
**prism of wessepely. Have not the plaintiffs a right,
seenedies le dm imp el railways, to the usual railway ear.
dew ter their ? Why should it be said to a
peseenger, yes meet go railway to Birkenhead—you have
an other way of gang there? The tight to these convey-
mime did not hilladhre with the meaning of the contract into
I which the cethpesise entered for the use of a joint station,
' and no case was seer out for the restriction attempted to be
' pat on the admiaion of omnibuses and other vehicles to the
Mariam His lordship was of opinion that the proviso added
by the Vis•Chesoellor to the order of injunction should be
esissesi. eel the injunction extended to secure complete
Maim aseemmedation to the plaintiffs and his lordship
• dthe motion of the defendants with ants.
After some discussion between the counsel, the words of
the addition to the injunction were allowed, to the effect
that .no restriction should be put on omnibuses or other
vehicles entering the station "on account of their desti-
malign."
----..

EQUITY COURTS.—YESTI2I)AL
Baron TO ion Masonic&
TRI 1311111111101 Y AND CHINTZ* RAILWAY COWYANY
tf. Ten CREATES AND ROLYNBAD ; Tel BIRILINKIAD,
Lancasures, AND CUMMINS; AND THIS LONDON AND
NOSTE WNITIMS RAILWAY Comraxine.—lxsuncnoss.
hoooeutonanow.
This. wen we appeal motions in this satter—on• of
them, ea behalf el she plaintiffs, was to sitar sad extend en
lajsedies rash& V ancellor Haight Braes on the
13th " swisake ic&Ch
the defendants hen interfering
with wr ilefteltbeei die plaintiffs' station aecommodation at
the lehit Maffei at Ohnoter, and from doing say act restrict-
ing the tbe *wont of such complete station
essMankedlodlm N is iteMosary tor their Vale, and from pre-
vashiailt paladin Me own servants and clerks
et tit sensate Eli elute of the defendants and plain-
at the joint station, and in the
ethemy Oat aelor, which has hided°
beta med. aed is the at usual Ammer, dew ler
esehor pampas Sired the aof the plaintifh' voilway,
ebelberlo Wolverhampton or otherwbe." " Provided lime
se* Widow he far • journey or p arser by railway, red he
*PON sweats or desks, or * mese clerk or
womb! UMW% to bt Wm,* vl by the Pith=
tho mimmil Moho committee." The by ash* by
the la Mat injunction wee to omit the latter pert
ham the wool Voided' and the extension whet by
Om was, w *se dehadaatt and their savants be
Moral mm dmm bilidielog with or obstructing the plebe*?
WWI* assommobithis or doing any sot to maid their go-
of 'impish statics asammodation
Naas, end from iaterftriag with Wit T.=
Sale est fees wattles the mow of omnibuses sr other
Tables defy welberhed by the plaintiffs to oarry prismgen
to or frees MI plate."
The seised appeal motion made as behalf of the de-
hedge% wet teisimene the main part of the Vice Chan.
mikes issed*
Mr. Matins aelehrrilard were heard cm Monday in
sapper% of the Plaintiffs' shim The eirtemetatost, as
stated by them, which gave rise to the Nebo Wyss& the
plaintiffs and defendants wen thee. la Met* her em-
pathy, who
railways aseverped at Chew. apse* to coo.
strut a large joint stades hr the art ommedollea of all tho
lines. They seeteliqiitanwileits theadniaisztat scathe,
whisk met alediee , the ankeedblas
'stein* tW es* die Mb Wishes OW
her*, she Bibbed end Meat emeherth, aid the Bir-
keehewl mataid. Then are Me diem, and alerts, and
mar* aseemee et all the ememmiekoad elm separate
ease wad eeneam he cosh mmgei y. Them is ate station.
mew, Mr. Jaemorpelailedloy ell es set spa* kr all, and
*am b s joint somidllee Webs to astral the whole
Wiest Ow eh**, two of them Wag 1111N181 by the
piehtifh, sad tan by the Ishadsate, is proporticm to their
metal ecedrThetieee to the el the maim. Things
at the Maim treat se mot until the 6th el Noeviirj
when Ilte phistMlf lim was, cc wee sheet So be,
hem lhomesbery to Weivenampeca. Tbilisi the lamed
amid NIL mit* the *ryiagloamy of the Leedom and North
WOWS Mebwoy y, beams the mose=w
they ban of possopos son
tc Uysihodpeal, Commaßialforil Crews, mil Warriostee, ohistWWl
likely to be lauding with hy the stool bee of the pis*
he *Mla It bset yet, bat will
soon he spated, by /Fable:l=low abiewehozy, sod
Clissler, kits wish they rrri *ter mewres by mai.

COURT OF BANKRUPTCY.—Tarrzney.
Byrom lin Cotonsnotran Fonuissoca.
Itt as Cason, ADAMS, MID HILL.
This was a Austin for choice of nemo la the matter of
these beakrupts, who wendawib es boiler lookers, of
Botheraltke. The bankrupts bad east the alurratistro of
the death of Nelson spas the bass et the Nelsen Monument.
The debts were b,2OW , to meet yid& the assets Were said
to be made= to pay 20s. in the pound. The fiat was issued
spot the petition of the Bowling busweeks.
Debts to the soma of 4,0381. 9d. were proved during
the day, and the following gentlemen Sere Omen as-
aignesu Steam Boyntan and Boynton, tuart Ken, and
Allen Everett.
Ix Az Jamas Urrox.
The bankrupt, a coon dealer at Wandsworth, applied for
his certificate, which was granted as of the third claw. Kr.
Butler, of Pancras-lane, was the acsosataat.

ASSIZE INTELLIGENCE.

MANSION HOUSE.
CHARON OP ENO/STING SPURIOUS NOTL—Sd/101
Lowrie, Bernard Goyelow,and Looeriek FmkrmRI
an under-
went • lung examination on Tuesday evening before the
Lord Mayor upon the charge of having engraved plates in
imitation of the plates used by the Imperial Bank of Russia,
with which notes are Week off for issue, and with having
prepared the spurious notes with intent to defraud the Rus-
sian government. Mr. Clarkson attended for the Emperor
Russia, instrirded by Mr. Peachy, from Means. ()demon
of
and Co., Old Jewry ; Mr. Issue and Mr. Norton attended
for the odium.
Mr. Clubmen, who bad produced upon the first examine•
lion of the priseners as much evidence as he considered to be
to justify
• remand, went upon the present occasion
pis re-
lace 21 detail of the circumstances of the case. He pre-
faced his statement by representing that the law con-
sidered as guilty those who committed, through the
instrumentality of an innocent person, an illegal act,
without at all involvieg the latter, aithough aware of
the fraudulent intention of the parties accused. He then,
in the clearest manner. described the whole progress of the
work, and called W. Fager, from whose evidence we select
what was not adduced upon the first examination and wss
as follows: I first saw Gordon 18 months ago when
, he
came sad gave me an order to prepare some cards for him.
On the same evening I saw Laurie and Gordon, end the
latter said he did not like to see any young men about, end
that the business must be transacted with me alone. In en-
graving a plate of this description there are various branches
of the trade engaged, and
be employed several usistants.
Four plates were necieseary (besides the laundering on either
side of the bottom in the circles) to complete the note.
Lourie and Gordon paid me three half-crowns to buy the
copper before I saw Federman, whom they called the
" gentleman." I received so other money until September I
whi n they said the gentleman had arrived, but
had asked before, and they made excuses. In the middle of
that month I received from Laurie, in the presence of Gor-
don, a blue five rouble note that I might engrave a Jae oi
mile of the beck for • ten-rouble note, and after that order
was finished I was to have • good order for the blue. When
Laurie gave ms the five rouble note he made a compa-
rison with an eye-glass of the back of the ten-rouble note to
see if they were the tame. When I entered the house in
which Federman was, they aheppeared to shield me irom the
observation of any one, and rumbling he door of the room in
which we were. There was a in the next room,
and they looked in and sent down a female who woe making
the bed. After some conversation I said when the plates
were fioisbed I should go into the country, take the plates
with me, and there work off the notes. On the 29th of
September I dole to the lodging of Federman at
Kennington the pint of the front plate with the
writing and the arms on it. I showed it to all
the prisoners, who handed it to • foreigner who
was with them, and held it up to the light
of the candle to see if the water-mark was right, and they
appeared satisfirdand they spoke to me about taking •
house in the country. On the 12th of October, Laurie and
Gordon came again to me, and gave me 11. to pay doped
for • press which we had been looking at, and about a fort-
night afterwards they gave me 41. 145., and told me to add
6e. to it, and pay 61. for the press, which I did. Twe dais
afterwards they came to look at it, and took en impression
in red ink of the background of the front plate, and said
the " gentleman" did not like the impreu:on in black ink
and wanted to see it in red, in which it was to be printed.
On the 4th of November I went with my sasietant to Fader•
man at Kennington, where the other prisoners also were,
taking with me an impression of the back of the note to
show them for their approval. Federman read it and L ourie
corrected the errors with • pen. lie read it in a
foreign language, as I could do English. There were
about 25 corrections in it, and before they were made Feder-
man and Londe communica'ed together. Before I left
Faderman's that day Laurie produced what I believe to be a
bible, in Hebrew end English, and said to me the gentleman
wished me to swear that I would lose no time in executing
the work, and that I would pay no attention to any other
work but theirs till I had done it. I went through the
ceremony of slugging on the book. The others were sworn
also, end then we shook hands and parted. On the 20:h
November my man and I went to Faderman's lodide"
with impressions printed of the note entire, all but the 40.
Federman was alone, and be examined it, and said, " Good,
good ;" and we were spin sworn. He handed the b,ok to
me, and kissed it and gave it to me, and he said, " Lose
time no ;" and I kissed the book.
The witness, in the course of his evidence, particularised
the various sums of money he received as be proceeded in
the work, and described the frequent visits he had received
and paid up to the day en which the prisoners were appre-
hended by John and Daniel Forrester, the Mansion-house
officers.
The witness underwent n long cross-examination by Mr.
Norton and Mr. Isaacs, the object of which appeared to be
to show that inasmuch as the prisoners were not actually en-
gaged in the work of engraving and printing, and no issue
of the notes had taken place, there was no legal offence com-
mitted by them. The witness said he had never engraved
any plates of the kind before, nor been before a witness in
such a case.
Kr. Clarkson stated that Mr. Feger had acted with a great
deal of judgment and discretion in applying, the moment he
discovered the intention of the prisoners to be fraudulent, to
his solicitors, Messrs. Wire and Child, and acting exactly ac-
cording to their advice. The learned counsel requested that
the prisoners might be remaneed from time to time uatil the
arrival of the necessary witnesses from Russia.
The Lord Mayor acquiesced, and remanded the prisoners
till Tuesday next. It is aid the amount of the whole mass
of notes, if they all got into circulation, would exceed
150,0001.
GUILDHALL.
IsTTERPTED FOROISET ON MESSRS. CHILDS' BANE.—
George Clamp, of No. 4, Flask-row, Ebury-square, Pimlico,
was charged with having presented a forged cheque for 4901.
at the banking-bouse of Messrs. Child and Co., Fleet-street.
At the previous examination, Mr. Alfred Mortimer, clerk
in the house of Messrs. Child and Co., stated that on the
6th instant the prisoner presented • cheque for 4901, pur-
porting to be drawn by F. J. H. Temple, of Park-lane, soli-
liter, on Messes. Child and Co. Mr. Temple had an account
at their house, but witness detected that it was a forgery,
although the handwriting was an excellent imitation of that
gentleman's. He accordingly questioned the prisoner as to
who gave it to him, and he replied that he met a short gen-
tleman coming from Lord Browalow's, in Belgrave-square,
who requeted him (prisoner) to get it cashed for his. He
had not seen the gentleman before, but was to take the mo-
ney back to the same place. On being further questioned be said
he was servant out of place, but was in the habit of jobbiog
in the Queen's Mews and other places, at the some time
mentioning the name of Mr. Lewis, the manager of her Ma-
t' stables. He was then given into custody, and when
t here, Mr. Temple deposed to the cheque not being
Is its handwriting, although it was an excellent imitation.
Mr. Mortimer now handed a bundle of cheques in Mr. Tem-
ple's handwriting for the alderman to examine, ;and called
his attention to one in particular and the forged one that
had been presented.
Alderman Musgrove, after carefully compering a great
number of them, asked Mr. Temple if the cheque for 201. to
• Mr. Coyle was his handwriting, at the tune time handing
the cheque for his inspection.
Mr. Temple (after examining it)—Yes, I believe it is.
Alderman Musgrove—Yon believe it Is. Don't you know
your own handwriting ?
Mr. Temple—lt is my handwritin although g, some per-
sons lay it is not. The factz:wiTsinihMoitec:virpT.
peiCoiawciaNpreedy.le owed me 301. and
gave me • note for 601., and I ave him this cheque for
201., that being the balance of the note. The 201 one is
mine, but I repudiate the 4901. cheque.
Aid. Musgrove asked if Mr. Coyle received the 201. /
Mr. Mortimer replied that he bad spoken to Mr. Coyle
since and he declared that from the time he received it
from ,Mr. Temle he
sented it at the bank about 3 o'clock the same day.
Ald Musgrove —lt appears to me that the 201. cheque
end the 4901. cheque are evidently in the same handwriting,
while all the other cheques of Mr. Temple are quite differ-
ent, and that gums to me to ba the most enyeterious part of
the affair.
Mr. Temple—The 201. cheque is mine, and is written on a
different paper to the 4901. one.
Ald. Musgrove—Still the hand writing it the came on both.
Was Mr. Coyle present ?
Daniel Forrester, in whose hands the case is now placed to
trace out the guilty parties, said did he was not. He had
seen Mr. Coyle that morning, but no intimation had been
given to him for his attendance.
The prisoner was remanded until Friday next.
WORSHIP-STREET.
—al,tmilbayrtpladßessjiobaturnmesyhtenern;osEinf
tD",:r.;
"DiEsliotrix:""els ererkatoportimittlit'YjOhandlea
SOUTH LANCASHIRE.—LIVERPOOL, DEC. 12. and by profession • solicitor,
a tab • o n
issued, a s o
under the sate
the Blum Ma. Jam: WINIIRSir. the instance of the perish authorities of St. Mary, White-
EITHAOID111•1T BsmL FORGERIES. undergo
chapel, to
to
John Robinson, aged 28, was indeed (or having, at Man. of his mind, preparatory to nes
nsat:o7deezr
cluster, feloniously ,aged and tittered a cheque for the pay- Bth and 9th of Victoria, chap. 126, sect. 48, for his removal
ment of 3251.95. on the bank of Sir Benjamin Heywood, at to a proper asylum, as an alleged pauper lunatic chargeable
Manchester. to that h.
The ease was of • very curious and extraordinary ohs- Mr. Eliot was taken into custody on Monday se'nnight by
rooter. On the 18th of April an advertisement appeared in the polies authorities, in consequence of a communication
the Liverpool Currier of ' a clerk wanted." This was which was made at the station-house by a surgeon named
answered by • young man lamed Whitfield, who received • Bower, who was believed to be the mediul aof the
note signed with the nese of Whitham, requesting him to family. He was brought to the station-house, where he was
meet him at the lJnien Hotel in Liverpool. He went, and visited by the divisional surgeon, and ultimately lodged in
there esw the plow% who said ifs name was Whithant ; Whitecleapel Workhouse as a pauper lunatic
that he and Web/mews, wile were in brines, at Prestos, Several witnesses, amongst whom were Kr. G. Bonham, a
Mao in semi of a clerk to take cared some heavy amigo- person who stated that he bad been acquainted intimately
easste deem, whisk they bad ociusienally from the Baltic, with the respondent ; Sergeant Foy, the policeman who took
mike widdi tbsy mat memsketuredgemis in return. The him into custody ; Mr. Meares, the polka-surgeon ; and Mr.
=told iMMIskl Mat keesedd sit ewe him till his Nash, the union-surgeon, deposed that in their opinion the
Wmu MIN bnab=ed Met him next day respondent exhibited symptoms of Insanity.
at ihe Masduesor Ours The sun went, These witnesses were eras-examined by the respondent
mei ihrisail Mes primmer sesmilieg on tke serpeallaile told him himself in an extremely rational and pertinent manner.
that IN tiletilff had not arrived es he expected; but, giving From the answers of the policeman it smeared that, on
OM ▪ a for 3251 9i., requested him to go and draw it reaching the workhouse, the defendant was at once removed
at OM He
sad Beek. He had to into the insanity ward, where he was handcuffed by the
mese sad the red in cub. He gatekeeper tel str down upon • bed, so that he could
Op
messy mad owe it ha tbe Tokens*, wko took him net mho kis beads se spawn, is position ha wee kept
OM pnlelasN dear s short Om ebeireell that be is Wee MI WM silk. Nerli, the perils wpm

_
position..
Ht. Arnold said that, after a careful perusal of the 48•11
section of the statute upon which the case against the deten•
dant was grounded, be was clearly of opinion that its inten-
tion was solely to refer t 3 persons who were paupers in the
ordinaryp hinsedu.,sewiee the w
reas, ionrthirsiT,nds reccesiTtinLir relief'
showneirtihmat the
defendant was a gentleman and a professional person, and so
far from being a common pauper, voluntarily seeleng aid
from the parish, had been inveigled into the workhouse and
forcibly detained there against his will, which he considered
was not sufficient to render him chargeable within the
meaning of the act. Having arrived at this conviction,
after mature deliberation, he considered that it was not in
his province to determine whether the defendant was really
a lunatic or not, as the case had not properly come within
his jurisdiction ; he must, therefore, order the defendant to
be forthwith discharged.
Immediately the magistrate pronounced his decision, Mr.
Bowers, the surgeon above referred to, and anothtr gentle•
man, named Wise, stepped forward to obtain warrants
against the defendant for using threatening language towards
the former and assaulting the latter, both of which offences
were alleged to have been committtd in the interval which
had elapsed since the defendant was hut before the magic-

tote. -
The first of these cues was partially gone into, but ad-
journed for the production of a neceesary soonest Mr.
Bowers, who preferred the charge, expressing his conviction
that he would not be aafe from some personal vi.dence it
the defendant were allowed to gl at large without some
ucnrity being taken for his protection.
Mr. Arnold ordered the defendant to put in two substan•
tial bail in 301. each for his peaceable behaviour towards the
complainant until the next examination ; and the defendant,
who laboured under much excitement, being unable to ob-
tain them, was transferred to the house of detention in the