The Express.
London, England, 1853-07-21 00:00:00

THE EXPRESS, THURSDAY EVENING, JULY 21, 1853.

that subeequently, by direction of the defendant, he
charged them the full commission, and that he paid over
one-half of it to the defendant, by his directions. From
the end of 1847 to February, 1849, 11r. Lawrence nego.
tiated loans for the plaintiffs to the amount of 440,0001., on
each 1001. of which he paid 2s. 6d. to the
defendant, making a gross amount of 5621. Ile
now asked that defendant be decreed to pay that
amount and 6 per oast. interest upon it. The Malls item
arose out of the tale of a debenture by which a sum of 901.
was lost to the company. In December, 1847, defendant
took a debenture of the company for 4,0001., and sold it
for his own purposes. At that time it was difficult to get
money in the market, and the debenture consequently sold
at a discount, 3,9101. only being obtained for it. It was
sold to Colonel Torey, and the money was paid by the de-
fendant to his private account, and he remained a debtor to
the company for that sum down to the 22nd February,
1848, when he carried it to the credit of the company. In
respect to this transaction, he desired to charge the defen-
dant with 901. and interest thereon. and interest at 6 per cent.
on 3,9101. to be qpmputed from the 18th December, 1847,
down to the 22nd February, 1848, when he paid it over to
the company. The seventh claim was for interest
on three large sums of =way, amounting altogether
to nearly 300,0001., borrowed by the plain its on their
debentures which the defendant got into his own hands and
retained, only a short time it was true, but still long enough
to cause a loss in interest to the plaintiffs, who were at that
time in difficulties, and had to borrow money at 6 per emit.
These sums were detained in one case a fortnight, in
another 12 days, and in another four days, and the claims
for interest in respect of them were respectively 1641. 7s. Bd.,
951. 17s. Bd., and 32/. 171. 6d. The eighth claim was for
in on the calls due by the plaintiff, and which were
allowed by hint to fall into arrest. His calla were paid as
it pleased him, and he seemed generally to have paid them
just before the half-yearly accounts were made up. Some-
times they were not paid even then, but they found their
way into the accounts. By the act of parliament calls,
when in arrest, were chargeable with an interest of 6 per
cent.; and the interest between the time at which the calls
were due and the time at which they were actually paid
had been computed to amount to 3931. 18s. The ninth,
end he was happy to say the last claim was in respect of
shares in the Hull end Selby Railway, improperly issued
by the defendant. Twenty-five shares were Caned in the
name of Baker, and it turned out that Baker was a mere
name, and that these shares were issued for the benefit of
the defendant himself. These shares when issued became
entitled to dividends, and warrants for the dividends were
accordingly made out, and these divideods the defendant
received sad appropriated. These shares were issued in
1848. The dividend list had been made out to the 31st
December, 1847 ; but although the shares were not actually
issued till after the 31st December, Mr. Hudson got these
shares included in the dividend list, the result of which was
that he obtained dividends to the amount of 701. The
plaintiffs now claimed restitution of that sum of 7U1., and
Interest thereon at 6 per cent. Altogether the plaintiffs
claimed on the first transaction the over payment of 2,2031. ;
on the second, after deducting the amount received, 5,6621. ;
an the third the interest of 9,0001.4.. from the time of its
payment by the company, to the time of the payment of
the 9,0001. by the defendant, and the small balance of
41. Then he claimed 1,3701. interest on the 80,0001.
retained for a time by the defendant. Then be claimed
the commission, 6621. Then he claimed the discount on
Colonel Tove7's bond, 901. He also claimed g 931. 2s. Bd.
in respect of Interest on some received by the defendant for
loans to the company during the time they were retained
by him. He also claimed 3931. 18a. for interest on calla,
and the 701. received for the shares issued in the name of
Daher. He also submitted that the account ought to be
taken with half-yearly rests, so as to give the plaintiffs the
benefit of compound interest.
Mr. Hobhouse followed on the same side, and detailed the
evidence on which the various claims were founded.

His Honour said he would hear Mr. Rolt in reply this day.
Be said there weranow nine different inquiries. On the [lntl
Mr. Rolt had proposed an inquiry (the amount actually
paid to Thompson and Co. for the iron), which he thought
would answer the purpose. On the second he wished to
hear him. On the third, with regard to the 9,0001., sub-
jest to what Mr. Rolt might say, be was disposed to direct
an inqUity. With regard to the fourth, the sixth, and the
seventh, which were for sums paid to defendant on account'
of the plaintiffs, and afterwards paid by him to the credit of
the company, he was disposed to direct an inquiry whether
any and what lass bad beta sustained by the platutiffs.
Mr. Rolt—One of those is Colonel Taney's bond.
The Master of the Rolls—Yes, and he did not think he
should fix defendant with the 901.
Mr. Rolt—lt will be an inquiry, if any, and what loss
has been sustained by the 3,910/ not being over at once.
The Master of the Rolls—Yes, and also with regard to
the h item, the interest on the 300,0001., which was
left in hand for twelve, eight, and four days.
Mr. Rolt—And we shall be at liberty to chew whether
any thing was saved by commission.
The Master of the Rolls—Yes; it appears to me it was
an irregularity, and if the company has sustained any lose
by it, they are entitled to have it made good. I must hear
you on the subject of the half commission, and also in re-
spect to the arrears of calls. I will not trouble you on No.
9 (Baker's shares). I will state the reasons afterwards.
Mr. Rolt—The substantial question is No. 2, whether we
had not a right to sell that which was our own property.

COURT OF BANKRUPTCY.—YEnzaDAY.
Bzroas Yi.eoarsa Hozam.
_ Ix as PICILRING.

This was the first ratSeti4;;;l;rtit;bankruptey of WA-
Gam Pickering, bookseller and publisher, of Piccadilly. A
large number of creditors were in attendance, and
_proofs to
the amount of 19,0001. were placed on the file. The total
amount of the liabilities is estimated at between 24,0001.
and 30,000/., and the assets at between 16,0001. and 20,0001.
Mr. Bridge appeared to oppose a proof of 12,0001., by
Mr. Thornthwaite, of Barnsbury-park, which was claimed
under an award made by Mr. Frederick Robinson. The
claimant bad acted as a clerk and discount agent for
Messrs. Baldwin, and also for the bankrupt, for several
years, and there had been large discount transactions,
amounting in five years, from 1826 to 1831, to 178,0001.,
and down to 1845, to no leu than 835,0001. At that time
no account had been rendered between the parties ; dis-
putes arose, and an action was brought by Mr. Thorn-
thwaite. The principal point in di4ote was as to a sum of
2,0001., alleged to be due at the end of 1832. Between that
period and 1845 the account turned in Mr. Pickering's
favour.

Mr. Nelson, for Mr. Thorathwaite, objected to the award
being disturbed, which had been made after eight years'
litigation.
The Commissioner—What is your objection to the award ?
Mr. Bridge said the amount had been se taken that it
was impossible for the arbitrator to come to any correct de-
cision. The account was considered closed in 1831, when
Mr. Pickering swore he was not indebted more than 2,0001. ;
and it this were so, Mr. Thornthwaite's claim would be very
small indeed. It was contended that the court had the
power to go into the accounts anew.
His Honour said he had the power, but some special
reasons should be shown why he should exercise it. The
parties had chosen their own tribunal, and ought to be
bound by its decision.
Mr. Bridge contended that Mr. Thornthwaite had not
given the arbitrator full information as to the parties con-
nected with the bills. Various errors in the accounts had
since been discovered, and there was abundant reason why
• searching investigation should be made.
His Honour said that nothing had been shown to jurtif7
him in opening the award. The parties had referred their
dispute to an eminent barrister, and there was no reason
why hie decision should not be considered final. He could
not refuse to admit the proof for the amount of the award.
Mr. Bridge said he was instructed to oppose the appoint-
ment of Mr. Thornthwaite as trade assignee.
Mr. Nelson said Mr. Thornthwaite had bees in the book
trade all his life, and his debt was double the amount of
those of the other creditors. The debt of the petitioning
creditor, Mr. Pouncey, was founded on a judgment which
be had allowed to stand over for years. Mr. Thornthwaite
was as well acquainted with Mr. Pickering's affairs as him-
self.

His Honour said that Mr. Thornthwaite might be ax.
'mined, if it were desired, as to his umpetency to be
appointed assignee.
Mr. Thornthwaite was called, and on being asked if he
knew who wu the drawer of a certain bill, he declined to
answer.

His Honour said if the witness did not answer the ques-
tion be could not be appointed trade assignee.
Mr. Nelson said he would propose a third party, Mr.
Baldwin, of Paternoster-row; bat the proposal was met
with loud cries of " No, no," from the creditors present.
Mr. Nelson said he was willing to propose quite an inde-
pendent party, not a creditor, Mr. H. P. Harding, of the
dim of Harding and Pullein, accountants, of Guildhall-
chambers. _ _

Thu appeared to be acceded to; and Mr. Harding, who
was present, having agreed to accept the appointment, he
was appointed accordingly.

not had a child. She told the doctor that she had been ill,
and intimated that she bad miscarried, and said that her
husband bad buried it in the garden. lie made further
inquiries, and from other facts Mr. Jones came to the con-
clusion that the prisoner had been delivered of a child, and
he pressed her upon the point, and she at length said,
" God forgive me ! I have had a child." And she then said
that if Mr. Jones would do what he could for her she
would tell him all about it. The prisoner then went in the
cellar and removed some bricks, and produced from under
them the dead body of a female child, which Mr. Jones ex-
amined. Be found the mark of a ligature round the neck,
which had been tied very tightly ; and from this and
other facts in the ease, he came to the eon-
elusion that the child had breathed, and that
its death was the result of strangulation. Upon
being cross-examined, however, Mr. Jones admitted that
in some cases, and especially in those where a woman was
delivered without any assistance, it frequently happened
that strangulation took place accidentally. The story told
by the prisoner herself was, that in consequence of her fal-
ling over a washing tub, labour had been suddenly brought
on, and that she became insensible, and when she came to
herself she found the child lying by her side dead. She
likewise said that her husband had behaved very ill to her,
and that be had declared the child was not his, and there-
fore he should not employ any one to assist her in her
delivery.
The Lord Chief Baron expressed an opinion at the close
of the ease for the prosecution, that after the medical evi-
dence, the charge of murder could not be maintained, and
the only question for the jury would be whether the pri-
s user was guilty of the offence of concealing the birth of
the child by secretly burying the dead body.
Mr. Woolli tt said he should not attempt to struggle
against a conviction for concealing the birth.
The jury consequent) y returned a verdict by which they
convicted the prisoner of that offence.
Mr. Woollett urged on behalf of the prisoner that there
were good grounds for supposing that she bad received very
bad usage at the bands of her husband. It was also clear
that he must have been aware of the birth of the child, and
it was very possible that to a certain extent what the priso-
ner had done was under his coercion.

The Lord Chief Baron, in passing sentence, said he be-
lieved this was the only case within his experience in which
a married woman had been convicted of an offence of this
description, and taking into consideration that she had been
already four mouths in prison, and the conduct of her hus-
band in the transaction, he felt himself justified in passing a
lenient sentence, which was that the should be further im-
prisoned fur one week.

ASSIZE INTELLIGENCE

HOME CIRCUIT.—Lzwza, JULY 20.
CROWN ate..—BENORI TER LORD CANTY BARON.
A MARRIED WOMAN CUAZOID WITH INFANTICIDE.
Elizabeth Rabin's*, 2S, was indicted for the wilful
murder of her female unbaptized child.
Mr. Johnson appeared for the prosecution ; Mr. Woollett
and Mr. Munster were counsel for the prisoner.
The circumstances of this cue were rather peculiar. It
appeared that the prisoner was a married woman, and lived
with her husband in a cottage at Burdham, a few miles
Imm Chichester. For some time before the 24th of March
she appeared very ill, and the neighbours supposed that she
was is the family way, and to one or two of them she ad-
mitted it was the fact. After the day mentioned the ap-
pearance of the prisoner was observed to be a good deal
altered, and a suspicion prevailed that she had been de-
livered, and it appeared that on the 3rd of April a woman
named Saunders was in the prisoner's cottage, and she
asked the prisoner's husband, is her presence, what the
report was about his wife, and he replied that they accused
her of having a child, and making off with it, but be said it
was not true, she had not had any child. It would appear
that after this time the rumours upon the subject continued,
and at length the parish authorities felt it to be their duty to
interfere, and at their request a medical gentleman named
Jones was sent to the prisoner's cottage to make
the necessary inquiries, and after informing the prisoner
what was the object of his visit he inquired whether the
had bad a child, sod told her at the same time that there
had been a report that she had had one, and that it had
been made away with. The prisoner upon this said she
was very glad he bad come, as it would be the mesas of
clearing has ahusetu, and the than dsolued that she had