The Express.
London, England, 1847-11-04 00:00:00

COURT OF BANKRUPTCY.

Ix to WY. TRIIPLR.—A 010 D ESTATR.—This bankrupt
carried on the badness of a turner in Motcombe-street, Bel-
grave-square, and to-day was appointed for the audit meet-
fog. The debts amounted to about 2,4001., and the official
assignee has already realised 1,1001. The principal debtors
consist of lords, earls, ladies, marquises, knights, bishops,
captains, &c. The Lord Chancellor and the Exchequer
Seal-office also appear as debtors.

Before Mr.

IN RE EDWARD TINDET.—THE DIAMOND TRADE.—
This bankrupt, who was a diamond merchant, of Frith-
street, Soho, came up to paw his adjourned last examina-
tion, and was examined by Mr. Cooke so to the alleged sub-
stitution of diamonds and other precious stone., but he posi-
tively swore that the stock he had given up to the official
assignee wu the "genuine purchase and genuine remnant."
—After some discussion, Mr. Cooke said he could not carry
the matter any further, but yet the amignees were dirsatie.
Sect—The examination was then passed.
IN HE W. B. BEESTEAD.—MONEYS UNACCOUNTED FOR.
—This bankrupt was a grocer at Kennington. and a meeting
now took place for the choice of assignees. His debts amount
to about 5001., and assets " none." Mr. Buchanan, upon
behalf of a creditor, subjected the bankrupt to a searching
and lengthened examination as to the disposition of 3361. ad-
mitted by the bankrupt to have been received in July last.
Ile gave various names as the persons to whom the alleged
payments were made, but could not account for more than
2001. out of this sum. Mr. Buchanan applied that under
these circumstances an order for the bankrupt's committal to
Newgats should be wads.—Mr. Commissioner Goulburn
concurred.—The bankrupt said that if allowed to go home
he could produce invoices to show that he had paid the
money away.—His Honour ordered the messenger to take
pouesoion of them and bring the bankrupt up again for fur-
ther examination on this day (Thursday).

BLOOMSBURY COUNTY COURT.
Wore E. Dubois, Esq.. Assistant Judge.
RICE C. MARSON.—THE JUDGE AND LADIES' STATE.—
This was an action brought by plaintiff, a fuhionahle west-
end corset maker, against the defendant, a lady of fortune,
to recover 11. 15s. for a pair of stays made for her daughter,
when, they being stated to be a misfit, the further bearing
was adjourned for the stays to be fitted on in an ante-room
of the court, in the pretence of two disinterested staymakers.
Yesterday the parties attended, when, the ladies being con-
ducted by the usher to a chamber, they returned into court,
when the person chosen by the plaintiff said the stays were
not a misfit, hut, in consequence of the young lady whom
they were for being slightly deformed, they required a little
alteration.—Plaintiff undertook to make them fit tautly,
upon doing which the Assistant-Judge said he should make
an order for their payment, remarking that he knew ladies
were very fastidious In their dress, particularly in the article
of stays.
HILL V. DEEM.—LOAN &mattes. —The plaintiff, se-
cretary to the West Marylebone Union Loan Society, sought
to recover from the defendant is. 6d., the balance of a 6/.
loan. The defendant said that she had paid:the whole of the
money, and mentioned the dates of the last three payments,
which were not found entered in the society's hooka—The
Assistant-Judge said that the plaintiff had preyed nothing ;
money-lenders ought to be most particular in their entries.
—Plaintiff I must bow to the decision of the court —As-
sistant Judge : The decision is that you go about your busi-
ness. (Laughter.)
HILL V. Ilaanv.—Thia was another case by the same
society for the recovery from the defendant of the sum of
11. 12s. M.—Defendant said only 11. Ile. was due. This
the plaintiff agreed to take.—Judgment for 11. lls.
HILL r. House.—Thia was a third action brought by
plaintiff against defendant, one of two bail for a borrower of
the loan of 61. from the society, to obtain I/. 145., the ba-
lance due thereof.—The defendant said, that in accordance
with a by-ride of the society, he had never received notice
from them of the borrower being backward in his payments,
and whom he bad lost sight of.—Assistant Judge (to plain-
tiff) : There ought to have been a notice given. I have
seen a great deal of loan societies, but never knew of one
conducted so loosely. In the first case, the payments had
not been entered in your books, and in the second you were
willing to take anything that wu offered. I don't know
but that in this case every penny has been paid, sad I can-
not interfere till you seek out the borrower.—Plaintiff was
then nonsuited.

POLICE v .-.ESTERDAY.
SOUTHWARK.—ROUBERY IN A JEWELLER'S SHOP.—
W. Jenkins was charged with stealing a diamond pin, value
101., the property of Mr. Hughes, a jeweller, in High-street,
Southwark. The prisoner went into complainant's shop,
wishing to look at some diamond pins. Having examined)
some, he expressed a desire to look at a brilliant pin, which
he pointed out in the window. The complainant during the
time was in the shop, and narrowly watched the prisoner's
movements, and when the shopman turned round to the
window for the purpose of reaching for the brilliant the
prisoner availed himself of the opportunity, and dipping his
lingers in a tray which contained various articles of jewel-
lery, he took out a brilliant pin from amongst them. The
proprietor at once charged him with having stolen the pin.
After some hesitation he pulled the pin out of his coat pocket
and dropped it into the tray from which he had previously
taken it, and then exclaimed that it had never been in his
possession, and that it must have been overlooked by the
complainant when he had examined the tray.—The prisoner

was -committed.
TRANSFERRING BRIEFS.—Mr. GUM made an application
relative to a memorial addressed to the Secretary of State,
on the subject of the conviction of a prisoner tried at the
Central Criminal Court. He said that a man named Brown
was committed from that court not many days since on
a charge of bigamy, attended with many strong and
extenuating circumstances. The brief was drawn up
and placed in the hands of counsel, who was well
instructed on the occasion ; but when the prisoner's trial
came on at the Central Criminal Court, on the previous day,
it was found that the learned gentleman had handed over his
brief to another barrister, who had a very imperfect know-
ledge of the case, and the result was that a conviction fol-
lowed, and the prisoner was sentenced to a heavier punish-
ment than he otherwise would have had, if the real merits
of the case had been properly laid before the court and jury.
That when the trial was over, one of the jury, impressed
with the opinion that the sentence ^ was a severe one.

mused \
Dim C. HARRIS.—APPOINTMENT OP A REFEREE ON under the peculiar circumstances of the case, recommended posed to submit to the arrangement mentioned in Saturday's
A CERTAIN DAY.—Mr. Whitehurst, Q.C., moved for a that a memorial should be drawn up, praying for a remis- Courier, of payment in full, in three equal instalments, at
rule to show cause why the verdict on the third isaue sion of the sentence, which memorial had been signed by the periods of two, four, and six months; and it is now
in this cause, which had passed for the defendant, rector and several of the inhabitants of Trinity pariah, said that exertions are making to enable him to
should not be set amide, and one be entered thereon for the Newington ; and as the worthy magistrate presided on the meet his further liabilities as they become due, and
plaintiff. The parties had made an agreement for the occasion of Brown's committal the object therefore was to pa7r off those that have already fallen due. • • •
purchase and sale of the cropping of a garden, at obtain his signature to the document.—Mr. Cottingham, We are sorry to hear that during the present scarcity el,
such a price as their referees, or the umpire having perused the memorial, said that in his situation money • moat untradesmanlike practice has been resorted la
to be chosen by the referees, should 6.x. Each of the parties as committing magistrate he could not attach his signature by certain houses in this iity—one to which, had we net the
was to nominate and appoint bit referee in Birmingham, on to the document. best authority for the statement,we should hark hareem
the 31st of May; between the 31st of May and the 3rd of WESTMINSTER.—FRArDS BY A SERVANT. —H. C. credence. The houses to which we allndegiss their omits
June, the referees were to meet and appoint an umpire ; and Wilcozon, a journeyman brathrnaker, was charged with de- in the usual way of business, the goods delhantibeieg fah.
on the 3rd of June, the valuation was to take place. The handing his employer, Mr. F. Merchant, bruskunaker, Lisle- ject to the usual terms, viz., payment In one Eames with li
third issue raised the question, whether the plaintiff had no- place, Eaton-street, Pimlico.—The prisoner entered Mr. per cent. off; but what is the dismay of the manufacturer or
urinated and appointed his referee on the 31st of May, and Merchant's service in April u a journeyman, and continued spinner, u the case may be, when, on application for his
it appeared that though he had made the appointment on with him until the end of August. During that time the money at the end of the month, he is coolly told, "We have
that day, he had not communicated it to the defendant on prisoner represented that be had received a number of orders no money, but if you will give us a further discount (naming
that day, and that the defendant did not know who had from various shopkeepers, and large quantities of goods were the extra per tentage, which is frequently more than
been appointed until the next morning. Lord Denman told given to him on the understanding that they were to be double what they have any right to), we will try to
the jury that under this contract, the agreement to nominate ready money transactions. The prisoner's orders poured in raise the amount for you." This announcement to par-
and appoint a referee on a given day, included an agreement so thickly, and the excuses he made for neglecting to bring ties who have relied upon the receipt of the amount
to make known on that day to the other aide the name of back some of the cash were so feasible, that suspicion was due for the payment of their workpeople, or other
the person appointed; whereupon, they found for the de- disarmed for atime, but on the 28th of August, three orders for liabilities is a serious affair, especially in times like the pre-
fondant on the issue. The learned counsel now contended brushes having been given, goods worth 141. were delivered to sent, and in many instances sooner than go without their
that the judge had misdirected the jury.—Mr. Justioe Cole- the prisoner, and, in order to ascertain how he disposed of money they are compelled to accede to the terms. Now
ridge said that the learned counsel contended that, u the them, King, an ataistant porter in the firm, accompanied this procedure we conceive to be a most disreputable one, as
plaintiff had till the latest moment of the 31st of May to him ; but, alter getting a short distance, the prsoner told the only aim is to take a mean advantage of those who are
make the appointment, he was not bound on that day to plthat he did not want the master to know where the not in • position to resist such dishonesty ; for, be it oh-
communicate to the other side the name of the person ap- were going, and if he (Ring) would go to a public, served, it can have no effect with tho man of capital, who
pointed by him. To this he could not accede, because the Ouse in the neighbourhood, and get a pint of beer, he would will reject such an invitation to depart from the usages of
agreement must be so interpreted as to admit either party to come to him in a few minutes. King left the prisoner, but trade with scorn, and speedily compel payment ; the smaller
' bring forward a valid objectiontothe nominee oftheothm and watched, and saw him go into Mr. Langdon's, an oil capitalist is, however, in • very different position, and is
also one of them to choose a second time it they should make and Italian warehouse, in the Westminster-road, where he almost compelled to allow himself to be swindled out of a
choice of the same person. To this view the learned counsel sold • portion of the property, and received the money fur it. portion of the amount due. Conduct like this is not directly
opposed,the argument that the necessity of making the com- The whole of the money he paid on account of the 141. worth cognisable by law, but it is very peculiarly within the pro-
=lineaton on the 31st deprived the parties of the whole of of gooda was 31. 18s. 10d. Mr. Merchant also discovered that vince of the press to expose, and we shall not fail to take
the 31st for the purpose of making a nomination. But the belted taken 31. worth of brushes for an oilman at Brixton. further notice of the matter, if we find it necessary so to do.
31st was fixed as the day on which the act of nominating was No such person named by the prisoner being found the pri- The fiat against Messrs. Brodie and Co., of the
to be completed ; and if, as he thought, communication to sonar admitted that the whole of the names thathe had given Salisbury boa, was opened in the Bankruptcy Court
the other side was requisite to constitute complete moraine- were Wee, adding that the money for the goods he had re- here to4ay as might be expected from what was
tion, then the plaintiff' was not deprived:of any part of the ceived was owing to him by the persons to whom he had ' •..__ _.
in question.—The rest of thecourt coneurred.—Rule refused. the ends of justice consisted of the order with which the nounced, of a docket having been struck.
siurson e. Masoureos.—Muniso or THE Wow, porter had accompanied him, and on which the name of Mr. The meeting of the creditors of Messrs. Rickards,
MONTH "IN A CONTRACT vox REMENERATING AN Oa, of Brixton, was used ; and • third, where goods were Little, and Co., took place to-day, when, after a short
AUCTIONEER.--Tike plaintiff ie an auctioneer, and put up for obtained fora Mr. Williams, and sold to a Mr. Murrell. In discussion, evincing a very friendly consideration to-
auction an estate Ice Norfolk, which belonged to the defendant the latter, as in some of the other MO., a succession of orders
asthe executor of a gentleman deceased. The agreement for had been given in the same name, and • portion of the wards rim, two of the partners of which were
the remuneration:of the plaintiff, which was in writing, was, amount paid. He was committed for trial on the three present, the balance-sheet was laid on the table, and
that if the estate should be sold at the auction, or by private above-named cases. the following resolutions unanimously agreed to.
contract, within two months afterwards, he was to have one THAMES.—RomsERT AT THE BLAMWALL RAILWAY Mesas. Olimenson, Denby, and Lavie were the solid-
per cent. on the purchase money ; if it should be TERMTHER—J. Taylor, 17, known as the associate of tors in abidance ~
sold alter two months from the day of his putting it up for thieves, was charged- with stealing four sovereigns and At ...owe the awn. at 3,..... jakwyouthe, ..., 00.,
auction he was to have only 4 per cent. on the purchase 14s. 6d. in silver, from the person of Mrs. Ann Warren. mit , ti.k. isbiorias.s...t. th. am at N„,,,....
money. The auction was held on the 6th of August ; the On Monday morning a railway train was about to start bw, net Wilma Ps4,lellke elan a sessmes gab,
estate was sold by private contract on the following 2nd of from the Blackwell terminus when Inspector Yelthain, of illeke=l V new% . 31.4.110(1e1eie was rwel
October. If, therefore, the word "month "in the agree- the railway police, saw the prisoner en the platform, and te dm _ 1... MOW. Sq.,
meet meant " calendar month," the plaintiff was entitled to knowing him to be • thief watched him. He observed him ,10.81101_,...,_--i, diells,ablijiiik, ~.rialrilliv N. bid urede
1 per cent. on the purchase money ;if it meant " lunar look Into several first-clue compartments of the carriages, '''' "'"'• —-" --"•••••••••••• "160 Ik° 1,4'
be requerml te ast is boast" vla, .I. Garner
month," he was entitled to only I per cent. thereon. The and as the train was on the point of moving the prisoner Sew% &um I. Chouldms agy Maim Mem% rwl• , sal
jury found that the word meant iialowlar month, and gave a jumped into a ant-class compartment where several lashes limi a hetliwith preps.; mew the dlnuirm of the in-
verdict for the Amount of the higher per cantsge. A rule and gentlemen were seated. The inspector pulled hint out, sPectoms.wlth sa the usual chum; snit that • libellee be declared
ags.