The Express.
London, England, 1853-11-28 00:00:00

iCTION 111 TIII rams 01 A

uoax r. at

MACIIINZ.

The plaintiff in this caa;waa----an engineer, and the de-
fendant was the owner of a corn mill at Shadwell. The
action was brought to recover the balance of an account of
1041. 78. Od , being 991. Ss. 9.!, the price of a smutting
machine, and also a small sum for other work done.
Mr. Berjeant Shoe and Mr. Lush appeared for the plain.
tiff, and Mr. Edward James, Q.C., and Mr. M. Clarke for
the defendant.
The point in dispute is the cause was, whether the plain-
tiff had agreed to make the machine for 601., and this
amount had bees paid, leaving the question whether the
plaintiff bad a right to recover anything more. Witneases
WITS called at both sides, and the evidence was of a very
contradictory character.
The jury found • verdict for the plaintiff for the amount
claimed, 991. Ss. 94.
STIMART O. lIVIIO CSC—ACTION son FALSZ IMPRI4ONMINT.

The plaintiff in this case was formerly in the 7th Dra-
goons, bet having met with an accident while{ Obis be
Africa, he was obliged to leave the service, best lad bum
showed for twelve months • pension of sispeililatiny.
Afterward. he entered the service of the pJlKnb.
keep. the Hole-in-the-Wall, in Chaccery-lane, as pecan.
and he remained with him until September, 1651, wiles be
was taken into custody upon • charge of sterilise COM
plate. The present action was brought to recover dungen
upon the frolusd that the defendant had falsely imprisoned
the plaintiff; and the defendant pleaded not guilty, and
that the plate had been stolen by somebody, and the de.
(cadent had good reason to suspect that the plaintiff hid
stolen It, and diastole he gave him into ealltody.
Hr. Prentice and Hr. Henniker appeared for the plain-
tiff; and Mr. Parry for the Jelendsnt.
The plaintiff's ease was that, on the 3rd September, 1851,
there had been some merry making at the Hole-in-the-Wall,
and at night the plaintiff, instead of going to bed in the
house, as was his duty, left, unknown to his muter, and
stayed out all night, ping from public house to
hublic-house with • servant-girl. In the morning he went
ome to his own residence and went to bed, and remained
there until the afternoon, when he was taken into custody,
charged with stealing the plate. It happened that the ma-
gistrate had left the office, and therefore the plaintiff was
locked up all night, and the neat day be was remanded by
the magistrate for • day. On the day of the remand, how-
ever, the defendant discovered the plate in its usual place,
sad therefore he made a communiestion to the magistrate,

and the plaintiff was discharged.
On the part of the defendant witneues were called is
prove the following facts. That as soon as the plata woe
missed, the store-room was thoroughly searched by the do.
fondant, his *km and a policemen, and everything ma
carried out of the room, and the plate was not them
Daring the search it was discovered that the key of the dia.
fondant's room, and alma two other keys. wouldi unlock thin
chest of the storeroom. The defendant denied he had gives
the plainuff into custody at al!, and he stinted that the pot
lice sergeant had acted entirely on his own mise-
ponsibility, end without any orders at all from the de-
fendant as to taking the plaintiff into custody. That the
defendant at this time did not know that the plaiMlir mos
married, or that he had any residence of his own. tltw
sergeant found out his residence, and there arrested Ma.
On the day that the plaintiff was remanded the defendant%
niece went to the store-room for some purpose, and
mach to her surprise, found the plate ba-ket with the Nags
in it on a table in precisely the same ep it where it MSS
usually placed. She alio stated that she had seen an an-
quaintance of the plaintiff abut the house in the morning,
and at was suggested that the plate had been in feet re-
moved by somebody, and had by some means or other beta
put back into the store-room.
The jury found a verdict tor the defendant.
His lordship said now that the jury had returned that
verdict he might say that this was one of the most dis-
graceful came which he had heard brought into court for a
Long time.

COURT OF EXCHEQUER.—BATraDAT.

.11PP0u Xi. DAYON

The sittings after Michaelmas term commenced to-day.
The cause list contained a smaller number of entries than
usual, there being only 46 causes entered, many of which
were undefended. At the close of the day only eight com-
mon, and four special, jury causes remained for trial. This
paucity of caws may, is some measure, be accounted for by
the great number of actions which are now tried at the
sittings in term. At the tint sitting in Middlesex last
term no lees than 86 causes were set down for trial.

GIVON b. AIIOWSMITN.—ALLIORD )LAID.
This ease, which occupied the whole day, was an action
to recover the amount of two bills of exchange drawn by the
plaintiff on the defendant for 500/. each.
Mr. Chambers, Mr. Slade' and Mr. Hodgson appeared
for the plaintiff ; and Mr. Serjeant Kinglake and Mr.
Barstow for the defendant.

It appeared that the plaintiff was the miner of a mine in
Carmarthenshire called;" The Great Welsh Silver Lead
Mine," which was divided into 16 parts or shares. The de-
fendant was • tradesman in Sew Bond-street, and
the friend of • Mr. Larchin, who was the chair-
man of the committee of management. The mine
was worked on the not book system. It hay.
fag been asoertaiaed Shed a person called Phillips.
Who lived in the neighbeeellend of the Lae, sad held half
a share (a 32nd part), was bins 1r Aims if the use,
the direeton seat the plaistadeers le purslane it; sod he
seceediegly bought it tor 3151. It wee afterwards put up
to aueties at the °Sees et the eleapenT. Several Eth.
shareholders were present aid Ileum bidders, but the de-

(Trident (who was irstr.itlisoed by Mr. Larchin) was ulti-
mately declared the porchver at the sum of 1,000.'. It sub-
s...pretty appeared that it was ineinvenient fur him to psy
that amount in miner, upon which the plaMtiff offered to
take Lis bit s. They were afterwards renewed, at his Owe
i request. too or three tines. A dinner was given to the
idsiotid by the sharelvdders. at which it was tuned to
present bum with a piece of plate, and 1601. was voted,
out el the 1,0001. paid by the defendant, f..r that purpose.
The directors found fault with the plaintiff for taking bills
instead of money, in consequence of which he got the bills
discounted; and when they arrived at maturity, the de-
(indent having failed to provide for them, the plaintiff had
to take them up.
The defendant bad put a plea on the record that the bills
were obtained by fraud and corns; and it was attempted to
be shown that some extravagant representations were made
at the auction and at the dinner to the defendant as to the
prospects of the mine, which it was predicted would make
the fortunes of all the adventurers. No dividend had; how-
ever, yet been paid; and the only ore which the defendant
had as en was* large piece, said to have been sent up from
the mine before he bought his share. It was also ender-
Toured to be shown that a sufficient title to ;the mining sett
bad not been obtained, it being alleged by the defendant
that Mr. Saunders Davies, the lord, had only granted a
n take-note" instead of a lease; but a lease from a Miss
Lucas, the owner of a potion of the property, to per-
sons called Williams and Bonwell, was put in, and ma
assignment from them to Mr. Larchin and four other per.
SOUS.

The learned judge left it to the jury to say whether the
defendant had proved the misrepresentations which he had
alleged and put upon the record as as answer to the plain-
tiff's claim upon the defendant's two as:septettes'.
The jury retired, and after being absent for two hours,
returned with a verdict fur the plaintiff on the first issue,
which merely applied to the making of the two promissory
notes, but for the defendant on the two material hues as to
the fraud and miarepresentatiou.

COURT OF CRIMINAL APPEAL-SATURDAY.

SAXON P lit Millet MXIIIIOI4 Xt. JUSTICa 41)1.1t. Mt:
JUPTICII ►LATT. Nit. atoncs TTIL{LII, MI. J1:471C1 TALKIOIII4

THE Quisx T. OALMETr.-1111POSTANT QCINTIOM OP

LAW AS

BANKS.

The prisoner, Gabriel Sans Garrett, was tried before Mr.
Baron Puke, at the last Jul) sessions of the Central Crimi-
nal Court, on an indictment framed nadir the 7th and Bth
Ow. IV., e. 29, me. 53, for havieg on the 3rd of March,
ISM, demanded payment on the ammonia Messrs. Duncan
and Co., of Sew York, of the sum of 1,2001. of the Vnien
Beak of Landna, with intent to cheat sad defraud the beak.
The eireura,tanees which gave,.risa is the trial were as

follows:—Mears. Duncan and Co., bankers of New York,
were in the habit of givisig letters of credit, each bearing a
distinct number, contenting the names of different banks in
Europe. They gave the prisoner a letter of credit on the
Union Bank for 2101., of which the bank was duly advised,
and it honoured some drafts of his in consequence. He did
no*, however, draw the fel amount, and therefore be
kept possession of the letter of credit, the sums
drawn having been from time to time entered on it.
The prisoner then went to St. Petersburg, end by placing
the figure 5 before the 2101., made the letter of credit ap-
pear as one for 5,210/. By these means he induced Messrs.
Wilson and Co., of St. Petersburg, to advance, hint two
different sums of 1,2001. and 2,5001., with the former of
which only the court had to deal. Ho then drew a bill for
1,2001. on the Union Bank in favour of Messrs. Wilson and
Co., of St. Petersburg, which they forwarded to their
agents, Messrs. Wilson, of London, for presentation. Tree,
bill having been presented, payment was refused by the
bank, on the ground that the prisoner had no right to draw
on them ; and on his coming to London some time after-
wards he was given into custody and tried, es has been
already stated, for an attempt to defraud the bank. At the
trial the prisoner's counsel took two objections ; firstly, that
the offence was not in contemplation of law committed in
England ; secondly, that the prisoner did not mean to ob-
tain the money for his own benefit, and that he did not in-
tend to defraud the Union Bank at all. The prisoner was
Island guilty, bat the learned judge (Mr. Baron Parke)
respited judgment, that the objections taken might be ar-
ped in this court.
Last Saturday the case was argued before several of the
learned judges by Mr. Sergeat Byles, on behalf of the pri-
soner, and by Mr. Dearsley in support of the conviction.
The arguments were only directed to one of the points—
namely, whether the priscner intended to obtain the money
is the sense of the word " obtain " in the indictment, and
as their lordships could not agree on the question, which
they considered highly important, they directed the matter
to be re-argued before the fifteen judges. The learned
judges above-mentioned sat for the purpose.
Mr. &desist Byles sad Mr. Robinson appeared for the
prisoner. The conviction was supported by Mr. Huddle-
ston and Mr. Dearsley.
Lord Campbell was of opinion the conviction could not be
supported. The question was whether, supposing the bank
had honoured the bill, could the prisoner have been in-
dicted under the act for obtaining money brfalse pretences ?
Ile was clearly of opinion he could not. He did not pro-
ceed on the ground that the offence had been committed
beyond the jurisdiction of the court, for whether the offence
was committed by en unconscious or a conscious agent in
this country, this person so committing could on coming to
Ragland be made amenable to the law ; but on the ground
that obtaining money meant to attain some object or to
ecaomplish some wish of the piny who made the false
pretence. Here no advantage was to be gained by the
prisoner—be had attained his fall object and had
reached the summit of his ambition in St. Petersburg
when he put the money in his pocket. It was a matter of
indifference to him whether Messrs. Wilson and Co. ob-
tained the money from the Union Bank or not ; it would
have made no difference to him if the bill was honoured or
apt, or even if it had gone to the bottom of the sea in its
transit from St. Petersburg to London. Therefore in this
ease there could have been no obtaining money according
to the act of parliament. Even in a case of larceny they
must see that use advantage most arise to his who took
the chattel at another. It was not necessary that there
should ha s pageniary advantage, hut there must be some
edematous it this taking, or it would not amount to larceny.
They age opprosatod by the flailing of the jury, that the
pillow *out that the bill should be presented, but, as it
was soil faring the argument, that this was to be taken in
the sense that he foresaw it would be presented, and in
that sense be meant it should; but that subtlety should
mot be adopted ; that would show that it was the real wish
of the party theta', bill should be presented and honoured.
This would be a confounding of offences ; the prisoner had
no doubt committed a gross fraud, but he had not been
guilty of obtaining money under false pretences within
the ausaing of the set.
The other lama judges concurred.
The oaavistio• is, therefore, invalid.
Tic Strang P. JAXII ILIIIIII.II—ADMISSIBILITT OP

The prisoner had been tried and found guilty before Mr
Baron Martin, at the last Summer Assiess, of the crime of
arson, she having set fire to hee.muter's house. Oa being
taken into custody by the policeman, she desired to change
her sloths., and he handed her °err to • woman who resided
in the house, but did not stand in the relation of mistress
to the prisoner. The prisoner, on being asked by this
woman to tell the truth on the subject, made a full con-
fession of guilt, and on the trial the question arose whether
the evidence of that party was, under the circumstances,
admissible. The point had been reserved, and was argued
before this court.

Mr. Baron Puke now delivered judgment. They were
of opinion that no threat or inducement was held out to
the prisoner, and that the evidence had been properly
received.
Conviction illizated.

COURT OF BANKRUPTCY.--SauIDAY.
11111011 11. COWIttMOW sOCLIIMI.
IN ILI ATKINSON.

This was the last examination meeting in the case of
Titoism Lamb Atkinson, linen warehousemen, of Wood-
street, Cheapside. His accounts, prepared by Messrs. Ro-
binson and Knowles, extended over two years prior to the
failure in February last, and showed debts to the amount
10(1,1821.; assets about 3001. He had begun with a capital
of 1,121/. ; the profits had been, 5801.; losses, 2561.;
trade experts/1,0,17n ; interest, 2031.; personal expenses,
9241.

Mr. J. N. Mason said, the assignees wets very much dis-
satisfied with the accounts, WWI large items being un-
vouched ; but they would reserve their epposition for the
certificate meeting.
Mr. Lawrence, for the bankrupt, urged that the accounts
were the best that could be rendered, owing to the imper-
feet books which the bankrupt had kept, and for which he
would answer at a future stage of the case.
The bankrupt pass►d.

INSOLVENT DEBTORS' COURT.—Sertarmy.
IN RE JOSEPH OORLINO.-001X0 TO AUSTHALIA.....AD•

VICE TO CREDITORS.
This insolvent, who was a stone mason at Clapham, was
opposed by Mr. Dalton, • stone merchant in the Old Kent-
road. Mr. Sargood supported.
The complaint was that the insolvent had got into debt,
and had made up his mind to go to Australia, and leave his
creditors unpaid. It appeared that he had signed an agree-
ment in October to go to Australia, and was to have Gt. •
week, and an increase according to the rate of wages at
Adelaide. In the same month he got some goods of Mr.
Dalton, but the major part of his debt had been previously
incurred. The vessel wss to sail in the present month (No-
vember) and to prevent the insolvent's departure Mr.
Dalton arrested him on ',judge's order.
The insolvent complained that by the arrest be had been
prevented from realising 60/ or lOU by the goodwill of
his business, and further, that by the sale of stock by
the court there had been • great sacrifice He
expected that it would have realised 701., but it
only fetched 40/., and after deductions the balance
would be paid into court. He had, be-ides, returned debts
due to him. After the insolvent was in prison Mr. Dalton
went to him, and it was alleged that his object was to obtain
a benefit for himself, but Mr. Dittos denied the allegation.
His attorney was, however, called, and he considered that
some proposal which was made would have given Mr.
Dalton an undue preference.
Mr. Dalton asked the court whether the insolvent could
not be made to set aside something out of his 6/. • week
which he would hate at Australia, for his creditors.
Mr. Sargood declared that he had n heard of such a
Prral•
r. Commissioner Phillips—This court must have a very
long arm indeed to reach to Australia. (Laughter.)
Mr. etwassissieser Phillips was of opinion that the Wal-
nut had acted very fairly towards his stallion. It would
be much better fez meditors if they stayed away trees

their debtor in prison. lie world advise them to do so, as
it looked ss if they +anted to gain an advantage over the
other creditors.
The insolveot was discharged.

CENTRAL CRIMINAL COURT.—Tins DAY.
OLD COURT.

The Central Crimieal Courtrenamed iL sittings thin
morning, before the Right Hoe. the lord 'Mayor, the Right
Hon. the Recorder, Mr. Alderman Hunter, Mr. Aldermen
Moon, Alderman Sir H. W. Carden, the Sheriffs, Under.
sheriffs. Re., &c.
. .

The first edition of the caleadar contains the names of
120 prisoners.
The Reeerder made a very brief charge to the grand jury.
Re congratulated them upon the lightness of the calendar,
and the Osmoses of any charge of murder or manslaughter.
There was. ►owever, be said, one charge of manslaughter,
which had been investigated by the coroner, that would
probably come before them, in which a man and his wife
were charged wish causing the death of their child by ne-
glecting to provide it with proper food, and ether neglect;
and he observed, that if the facts should be laid be-
fore them as they appeared on the depositions, it
appeared to him that it would he the duty of the
grand jury to find a bill against both the accused persons.
The 1 d Recorder said that he regretted to see that
there were two very desperate eases of wounding, in which
the parties stood in the relation of wife and husband to
each other, and he espremed an opinion that the grand
buy would find it their duty, in both cases, to return a bill
for wounding with intent to murder.
The grand jury then retired.