The Express.
London, England, 1849-06-02 00:00:00

omitted his name ; and his Honour, therefore, overruled the
objection.
Mr. Eirtjeant Talkurd *pd Hr. W. M. James then read
the evidence; but the OM had not concluded at the rising of
the court.

COURT OF QUEEN'S BENCH.—YrsTzaDAY.
Sternum at Basco.—Scroas Loan Demur Ma. Jimmy Parnson,
Me. Junes Comm; Len Mit: Junco run
SCOTT O. FII,IIII.—BILL STILLING.
his was an action which was tried at the last summer
amine held for the county of Somerset, at Bristol,
when a verdict was returned for the plaintiff. The action
was brought by the direction of the Court of Chancery, and
the bone raised upon the record was whether a certain war-
rant of attorney given by the plaintiff, Lieut. Soot:, grandson
of the late Sir Walter Scott, to the defendant, a
builder in Westminster, was or was not a valid in-
drunkest. It may probably be in the recollection of our
readers that Lieut. ficott, an officer in the 16th Lancers,
whilst that regiment was stationed at Norwich, wes desirous
of borrowing the sum of 1,0001., and he received a letter
from a party of the name of Morton (with whom he was to-
tally unacquainted), in which the writer volunteered to ob-
tain the SUM Lieut. Scott required, on the receipt of two
Bills dß:change for 500 L, accepted by the plaintiff. The
savant of Lieut. Scott was accordingly sent to town with
two bills of exchange, each for 5001., accepted by his master,
but with the strict injunctions not to part with
the bills until he received the money from
Mr. Morton. That person, however, prevailed upon
the servant of the plaintiff to give up the bills, and to re-
turn to Norwich without the money. Mr. Morton then
wrote several letters to plaintiff, in which he promised that
the money should be sent down to him immediately, bat be
failed in keeping his promise, and the plaintiff n received
any consideration for the acceptances which had been ob-
tained from him. Subsequently to the bills being sent to
Morton, the plaintiff received several letters from a party of
the name of Hexall, in which it was stated that the bills
in question were in very bad hands and that the writer
could be of great service to Lieut. Scott in getting back pos-
session of the bills. Mr.Bexail also advised the plaintiff to come
to town,whlch he immediately did, and he discovered that tke
bills were in the hands of the defendant, who stated that
upon one bill he had advanced to Morton 2001. in cult, and
given an I 0 U for 2001. more, and that upon the other bill
he had also advanced 2001. in cash. The defendant also
stated that Morton was a stranger to him, and that he had
introduced himself to him as a friend of a Mr. Faulkner,
with whom the defendant was acquainted, and that it was la
consequence of his naming Mr. F..ulkner that he was it
• to advance money upon the bills. Interviews took plass
bet aeon the plaintiff and the defendant and several other
parties connected with the transaction with the view atoning
to some arrangement to give back the bills to the plaintit.
Lieut. Scott. acting under the advice of his solicitor, Mr.
Draper, had given 1001. in cash to the defendant and exe-
cuted a warrant of attorney for 3251. more, upon which the,
defendant returned him the bills. Information was after-
wards received by the plaintiff which led him to believe that
the defendant had given no consideration to Morton for the
bills whatever, but had made a false representation that he
was a bones fide holder for the purpose of obtaining
money from the plaintiff in order that the bills
might be returned. Proceedings were commenced
against Ferris, the present defendant, which resulted
in the action which heel been tried in Bristol. Mr Serjeaut
Chadwick Jones, last Hilary term, had obtained a rule nisi
for a new trial, on the ground that Mr. C ukburn had, in his
opening address to the jury, read the letters of Hexelt Mate
plaintiff, but had refrained from putting them in evidence by
calling Hexall as a wimess. Mr. Cockburn now showed
cause against the rule ; and, after referring to the circum-
stances of the case, from which he contended that the de-
fendant had given no consideration whatever for the bills,
went on to submit that he was not entitled to a new trial, in-
asmuch as SerjeantJonee ought to have called upon the Judge
at the trial to decide whether the letters should be put in
evidence, and not to have gone to the jury, and taken his
chance of a verdict, and having lost it, come before the court
and make an objection which ought to have been taken when
the cause was being tried. It had been the intention of the
plaintiff to call Mr. IlnaU as a witness, but having cause to
distrust him, they bad decided not to put him in the box, but
the letters had been tendered in evidence at the end of the
ial.
It being now four o'clock, the court adjourned the further
hearing of the case until next week.

COURT OF BANKRUPTCY.-YESTERDAT.
Barons ILL toeurissultze
Re GOODAVE.—REPEATED FAILURES.
This was the tut examination meeting in the case of A.
H. M. Gudeve, wine-merchant, of Gulick-hill; it was also
a meeting for the adjourned choice of assignees, none having
been appointed at the former meeting.
Mr. Lewis, on the part of several creditors, opposed the
passing of the bankrupt, on the ground of the unsatisfactory
nature of his accounts.
Mr. Lawrence supported the bankrupt.
The Commissioner said it appeared that this man had
compounded with his creditors in 1841, paying them 4s. in
the pound. In 1844 a fist in bankruptcy was taken out
against him, and has certifiAite was suspended for two years.
In 1847 he had taken the benefit of the Insolvent Debtors'
Act ; and on the 12th April last he had again come to this
court on his own petition, with debts to the amount of
2,8001., and without any available assets. In such a one, the
creditors ought not to be put to the expense of attending an
adjourned examination meeting, as there was no probability
of their ever receiving any dividend. He should therefore
adjourn the examination sine die, the bankrupt being at
liberty to come up again at his own expense.

INSOLVENT DEBTORS COURT.—YESTERDLY.
Four courts were appointed to be held. Three commis-
sioners sat, and the eases allotted to Mr. Commis►ioner
Harris, absent through indisposition, were taken by the
learned Chief Commis-inner, who resumed his sittings after
an absence of some weeks.

BEFORI Tar CHIPY CONXIVIONZIL
IN as HENRI Bounentan.—A RZLII•ADMIZAL.
The insolvent, a nar admiral in the royal navy, was op.
posed by Mr.Co she and Mr.Hughee for several creditors and
supported by Mr. Nichols.
The object of the opposition was to obtain a part of the
insolvent's half-pay ea admiral, set aside to liquidate the
debts owing to his numerous creditors. lie had remained in
prison since September, after his hearing in this court, and
had received three quarters pay, ill of which he had spent.
He now offered his creditors 2,5 t. a year out of his income of
396/.
Mr. Cooke thought the least the insolvent could do was
to set aside 1961. ; he would then have a clear income of 2001.
a year.
The Chief Cemminioner recommended the insolvent to
show some consideration for his creditors, and increase the
offer.
The insolvent then offered 601. a year.
His Honour said he thought the most graceful thing for
a gentleman in the insolvent's position was to make every
endeavour to pay his creditors, even a' the expense of some
little personal convenience. He would recommend 100/. a
year to be set aside.
The insolvent consented to set aside 1001, a year, and was
discharged.
The learned Commissioner told him that if he was not
humbled at his condition, no observation that fell from him
would make him feel hi:situation. He had better practise
a little self-denial, and not attempt to frustrate the recom-
mendation the court would make to the proper quarter ; and
above, all to keep away from being an applicant to this
coart—Dinharged accordingly.

POLICE.-YOTERDAY.
SOUTHWARK. _

ALLIOID ROBRIZT ON BOARD • VISSEL. Joseph
Taylor and William Harvey were charged with breakusg
into the eabin of a vessel ailed the Scotch Lassie, and steal-
ing a watch and some clothes, the property of the mate.
A policeman stated that between 2 and 3 o'clock the pre-
ceding morning, while on duty near Pickle Herring-stairs,
he observed the two prisoners approach from the direction
of the river side. The moment they caught a glimpse of
him one of them (Taylor) dropped a suit of clothes and rim
away, followed by his fellow•prisoner. The policeman pur-
sued the prisoner and after a smart run cams up with him
and took him into custody, but the other man made his es-
cape. On subsequent inquiries It was discovered that the
state room of the Scotch Lassie had been broken open
while the captain was asleep in hie berth, and plundered of
a watch and the suit of clothes which one of the prisoners
dropped in his sagernees to escape. The watch, however,
hes net mace been found, and it is suspected that
Heresy had it in his pDeeection when ge6 Ie Use
course of the examination, a witness was called, who stated
that he was a prisoner in the county gaol at the time the two
prisoners were brought there, and that in a nnversation be
had with Harvey, the latter confessed that he and his com-
panion had committed the robbery, and that the watch had
since been disposed of. Both the prisoners, however, flatly
contradicted the witness as to any admission having been
made by either of them, and asserted that with regard to the
clothes dropped by one of them, that he had found them
lyin in the street, and picked them up, and that
ap his reason for
drop ping them when the policeman made hisappearance was
the dread of being suspected of having stolen them. Two police-
men who happened to be in attendance, at once recognised the
two_prisoners as belonging to a gang of thieves called the
.• itechapel Birds.' They also stated that Taylor had
been tried and convicted of robbery, and had not lone been
out of gaol after 12 months' imprisonment ; and that his
saeociate bad been twice summarily convicted of picking
pockets.
The prisoners said they supposed it was useless to say any-
thing _after the character they had just received ; but how-
overbid they formerly were, they had since reformed, and
intended to lead an honest life.
The prisonen were remanded.