The Express.
London, England, 1851-05-31 00:00:00

Rain Intelligence.

EQUITY COURTS.—Mae 29.
Sauces Tim lama Crisncatuni.
Ex PASTS BIISLET, IN 111 THS Thaler LONDON,
EISTalt, •31) PLYMOVTII RAILWAY C , •ND THS
WINDING-VP ACDS Or 1848 AND 1819.—LIABILITY Or •
CONNIITIOnl•N.
The Lord-Chancellor gave judgment in this matter,
which weeargued before his lordship on the I6th of March
last, and the facts and points of the arguments were re-
ported in this journal on the 18th. It may be remembered
that the question was, whether Mr. Deploy's name should
stand on the list of coutnbutories of the above-mentioned
' company, which was in the course of being wound up
I under the acts of 1818 and 1819. The company was formed
in 184:5, and provisionally registered under the Act 7 it 8
Viet, cap. 110, and Mr. Besley being asked by one of the
promoters, a member of the provisional committee, to allow
himself to be named on that committee, consented, on the
promise, as hesitated in his affidavit, of not being bound to
take shares, or incur any responsibility. His name was
pat on the list of provisional committeemen, at a meeting
held by them on the 4th of October, 184.5. Ho was not
' present at that meeting,or at another held on 7th of October,
when ii committee of management was appointed. That
committee met and passed a resolution on the ad of Novena-
' bar for the allotment of shares to the provisional commit-
' teemen, and a copy of that resolution was sent to Mr. Bee-
ley, who on the 6th wrote to the secretary, stating that it
would not be convenient to him to take shares se allotted
to hint as a committeeman, and requesting that his name
might be struck off the list. The secretary having cont.
mimicated that letter to the managing committee, they
directed him to inform Mr. Besley and other persons who
mrde a similar application, that their wishes should be
complied witn. Ihe secretary did not make the commu-
nication nor was the name struck out of the list. It be-
coming soon apparent that the scheme would not succeed,
the provisional committee met in December 1845, and re-
solved that, for the purpose of meeting their liabilities, they
should each pay 3s. per share on each of the 100 shares that
were allotted to each of them. Mr. Belsky less present at that
meeting, but not, according to his statement, until after the
resolution was passed A copy of the resolution was after-
wards sent to Mr. Besley, among other provisional com-
mitteemen and be paid 151., the sum required by the reso-
lution. lie afterwards paid two sums of 501. each, in pur-
suance of otheriresolutions passed at meetings held in March
1846, at which he was present. Under these circumstances,
the official manager, under the Winding-up Acts. put Mr.
Besley's name on the list of contributories, and the Master
retained it there, but Vice-Chancellor Knight Bruce,
on appeal, ordered the name to be struck out.
From that decision the official manager, by the direction of
the Master, appealed to the Lord Chancellor (the late Lord
Cottenham), who, in June, 1850, after hearing the case
fully argued by Mr. Roxburgh for the appellant, and Mr.
Kerslake for the respondent, decided that Mr. Besley was
liable as a contributory, and that his name should be re-
stored to the list.

A■ application to rehear the use was afterwards made
to the present Lord Chancellor upon the ground that
several eases were differently decided by the Lords Com-
missioners in July, WO (as Ruberts's case, 2 M.N. and
G.), and alai, by the House of Lords in August (Cottle's
case, 2 House of Lords Cases). The Lord Chancellor, after
much discussion, reported at the time in this journal, con-
witted to the rehearing, and the case was accordingly
argued before his lordship by Mr. Holt and Mr. Kerslake
far Mr. Ilesley (the appellant), and by Mr. Roxburgh for
the official manager.
The Lord Chancellor, now giving his judgment, recapi-
tulated the facts of the case, and observed that lie was
satisfied three facts were not fully laid before Lord Cotten-
ham, and if they were his lordship would not have made
the order which he did make. The evidence in the ease
showed that Mr. Besley never attended any meeting of the
provisional committee until after it was resolved to abandon
the undertaking. The question resolved itself into two parts;
namely, first, whether Mr. &sky incurred liability at law
to the creditors of the company; and, secondly, whether he
incurred any liability to his fellow committeemen to in-
demnify them for any liabilities incurred by them. Inas-
much as he did no act and attended no meeting until after
debts or liabilities were incurred and the scheme abandoned,
he could not be held liable to them. Ile was not, therefore,
liable to any creditors of tke company. That was estab-
lished by the came of " Lewis v. Boswell," and " Wyld r.
Hoskin.," both reported in 1.3 Meeson and W., 517. He
never acted with the provisional committee or committee of
management in any of the contracts or acts. His name
happened by some mistake to have been left on the Het of
committeemen, but he did not act with them. It appeared
that he did attend meeting. held after the abandonment of
the undertaking, for the purpose of seeing how the liabili-
ties incurred could be discharged, and he made a payment of
151. and two 501. in pursuance of these resolutions, and to
protect himself from further demands. No liability to other
demands could arise from his making these payments,
no more than in the case of Roberts, decided by the
Lords Commissioners, and reported in 2 M.Nagliten,
and Gordon, in which it was held that a payment of a
sum to avoid the cost of a threatened action was imma-
terial. The payments made by Mr. Besley were made as
matters of favour and in good faith to the committeemen,
and did not make him liable to them for furtle.r contribu-
tions. lie had never acted with them, did not sanction
any of these contracts; he was merely a provisional com-
mitteemen in name only, se was "Cottle's case" (2 House
of Lords Cases). In conclusion, his lordship said he was of
opinion, ou the evidence before him, that 31r. Bosley was
not liable to be on the list of contributories, and therefore the
order made by Lord Cottenham must be discharged.
Mr. Molt asked that the costs of the appeal be paid by the
official manager.
Mr. Roxburgh said the practice no doubt was that the
official manager should pay the costa of his unsuccessful
appeal out of the estate. But there was in this case a
re-hearing of an order made in favour of the official ma-
nager, and there were also costs incurred upon the applica-
tion for that re-hearing. Surely all these costs should not
be paid by the official manager.
The Lord Chancellor—The costs of the application to
re-hear were caused by the official manager ; for when the
ease came for re-hearing, you, on behalf of the official ma-
nager, objected that he was taken by surprise, for that he
had no notice that leave to re-hear was granted. And
upon that preliminary objection taken by you, there was a
protracted argument whether the case should be re-heard.
Mr. Holt said that the order for the costs should be m►de
against the official manager personally.
Mr. Roxburgh said that could not be, for the Winding-
up Act indemnified the official manager personally. He
was an officer appointed by the court.
The Lord Chancellor—lie is the nominee of the solicitor
to the petition for the winding-up, and whose object is to
'wing in on his list as many contributories as he can to se-
cure his coats. _

Mr. Roxburgh—But surely be was bound to come before
the court on the rehearing to defend the order mado by the
Lord Chancellor.„That is the acknowledged practice in every
court of appeal—he ought not, at all events, be called on to
pay the coats of the other side, especially when a rehearing
is granted as matter of indulgence.
The Lord Chancellor—As indulgence for cause shown, he
waiinclined to think that this rehearing Mas only a contin-
uance of the hearing before the late Lord Chancellor, just
as if no order was made ; but the case stood over for further
consideration or argument.
Mr. Molt repeated his demand of the costs against the
official manager, in which the Lord Chancellor seemed dis-
posed to concur.
Mr. Roxburgh referred to the section in the Winding-up
Act, which declared that all the expenses and costs of the
official manager, in all the proceedings instituted by him
should come out of the estates over which they were
placed.
The Lord Chancellor said be was inclined to think that
the words in the section referred to costs of the proceedings
taken before the Master. However, he would look into the
act, which his lordship more than once pronounced to he M-
amma, and decide whether these costs should be paid bythe
official manager personally, or out. of the estate ; but the
order he now made was that LordCottenham's order be
discharged with the costa, to be paid by the official manager ;
and the order of the Vice-Chancellor for striking Mr.
Brody's name out of the list be restored.

COURT OF QUEEN'S BENCH-YESTERDAT.
Imous is Baca.—Boss Loma CUIPSILL, NS. JOT ICS PMTS.
sum, Ma. Unica Cousins; Limp Ma. Jrnies Lats.
Em ?ANIS Joss_ BAILZT, IN AI TIN SOUTH DEVON

RAILWAY CODIPANY.

Mr. A. J. Stephens /So vied for a mandamus to compel
the South Devon Railway Company to make the branch
railway to Sutton Pool according to the provisions of their
act, which was passed on the 28th of August, 1846. The
compulsory powcts for the purchase of land expired in
August 1849, and the general powers for the making of the
line would expire in August 1851. Ihe case, however,
differed front those which had lately been before the court,
because, in this case, the affidavits stated that notice to
purchase the land was given to all the landowners in
January 1847; and, therefore, although the compulsory
powers had ceased, the company could compel the parties to
past with their lands, and there would be nothing, there-
kee, to prevent their obeying the mandamus.
Lord Campbell said that it had been held that when a
notice had been given the landowner could compel the emit-
pony to go on and complete the purchase, but the converse
bad never been held that the company could compel the
lendowner to sell after the expiration of the time limited
by the act.
Mr. Stephens said that by the decision in Walker v.
The Eastern Counties Railway Company" (12 Jurist, 787) it
would appear that who the notice was once given the land
was vested in the 0111110%or
Lord Campbell—lksw would that state of things
lest ? Could the employ wait for 20 years, and then com-
pel the immlowner to sell
Mr. Jostles Coledigs —Might not the notice be abandoned
by mutual nimesat ?
Mr. Stephen sail that a similar application had been
made to this court some time lam the expiration of the
eompabery powers he sepal tale somplay to make this
lowask, sad wee then mimed. as being made too so; sow
it was imid la Mo hts.
The Oenot mean& Os nib, intimating as the ground of
refusal that beim the Emillimial could be made peremp-
tory, not (t a eempalomy powers to take the land, but
also the general pewees to make the line, would have
expired.
Doi Darr. PArana a. Arai.--COVISTILCCTION OF TIM
STATUTE or LIMITATIONS AS aalwxmr MORTOAOII LID

iiOTITOAOOI.
This ti an action of ejectment brought by a mortgagee
In recover pomeasion of the premises comprised in the amide

\
i

pge deed. Interest upon the mortgage had been paid by
the within 20 years; but tbe tenant in posses-
sion cef premises claimed under a title by 20 years' ad-
verse pesese&n against the mortgagor, and the question
turned upon the construction of the 7 Will. IV. and 1
Vitt., e. 28, which after reciting that doubts had arisen Li
to the effect of the 3 & 4 Win. IV. e. 27 (Statute of Limits-
tious) so far as the same related to mortgages, declared and
enacted that any person claiming under any mortgage of
land, might make an ent7 and bring an action to recover
leech land at any time within twenty years neat after the
last payment of any part of the principal or interest, al-
though more than twenty years had elapsed since the time
to make such entry or bring such action should have first
accrued anything in the said act notwithstanding.
Mr. Watson, and Mr. Hall now showed cause
against the rule on behalf of the tenant in possession, who
it appeared was the sister of the mortgagor, and had been
allowed by him to continue in possession without paying
any rent, or giving an acknowledgment, and contended that
the statute though general in its terms was not intended to
put the mortgagee in any better position than the mort-
gagor would have been in, and that as against him the pos-
session of the sister was clearly adverse, the old doctrine of
" possnsio fratris " being destroyed by 3 and 4 Will. IV.,
c. 27, s. 13. And that if this were not the correct interpre-
tation of the statute, a landlord who bad lost his power
to eject his own tenant might, by making a mortgage to
a third party, recover possession.
Mr. Knowles, Q. C., and Mr. Unthank, contra,
contended that there were no authorities which threw any
light upon this question ; but that the words of the statute
wcro clear and unambiguous, and must embrace the case.
That the statute was granted to protect mortgagees, and
could only do that by being interpreted as he proposed;
that if the construction on the other side was correct, no
mortgagee would ever be safe without requiring from every
tenant an acknowledgment of his landlord's right.
Mr. Justice Coleridge—Your construction would give a
peat advantage to mortgagors as well as mortgagees.
Mr. Knowles admitted that that might be so.
The Court said that there was another ease in the paper
(" Doe dem. Baddeley r. Massey") in which the same point
arose, and they would hear the argument in that before
giving judgment.

BAIL COURT.-YESTERDAY.

eirrptus a BMOC,. —B.
BEAUCLELIC V.

MIL JIMICII WlOlllllllll.
I/L.-OUTLAWRY._

Mr. T. Jones said this was a writ of error for the purpose
of reversing an outlawry. He moved on behalf of the de-
fendant for a rule calling upon the plaintiff to show cause
why an order of Mr. Justice Erie for reversing the out-
lawry should not be rescinded. The error assigned was
that the plaintiff was in Parts beyond the seas when the
writ of digit was awarded and issued. The defendant
gave notice to the plaintiff in Brussels that the writ had
been issued, and that he would be proclaimed from county
court to county court, and would be outlawed, if he did ua.t
appear. It was also averred in the plea that reasonable
time had elapsed for the plaintiff to coine in and appear.
Now he (Mr. Jones) apprehended that to be a good plea.
Where a party had notice of the proceeding to outlawry, it
had never yet been decided that it could be reversed. Abe
ground fur reversing au outlawry was that the party was I
abroad at the time when the preliminary steps took place,
and could not have known of the proceedings to enable him'
to come in and appear to the proclamation.
Mr. Justice Wight.nan—lf he is abroad he cannot answer.
. . .

Mr. Jones said that if hi bad had notice of what was
going on he might appear and answer.
Mr. Justice NVightsuan thought it was extraordinary that
the point had never been decided before.
Mr. Jones said it had not beta a common practice to re-
verse an outlawry by writ of error.
Mr. Justice Wightman was not aware of any ease M
which this course hail been suggested. lie had a ease
before him, in this court, the other day where this very
same plaintiff succetdial in setting aside an outlawry, on
the ground that he was at Brussels at the time the writ
issued._ _ .

Mr. Jones said he was counsel against the same party in
another case in the Court ut Exchequer, and Mr. Ileauclerc
succeeded there also, the only issue being whether or not he
was at Brussels at that time.

Mr. Juticc Wightman—You may take a rule.
Rule granted.

COURT OF COMMON PLEAS.—YESTERDAY,
Strrnson rs Riuteo.—Barnitx Loan C.lOJasnw lltsfls, Ma. her-
mit Mavis, Ma. Jamas Cammwau.. Amu .Mr. Jumcat tea,
SCOSII4
ROSSETTI T. GEREIY.—JEDOIIENT.

The Lord Chief Justice, at the sitting of the court this
morning, delivered judgment in this case, and said the
question was, whether there had been a total or a partial
loss of the cargo of a certain vessel which the plaintiff had
insured. The court were of opinion that there had been a
partial and not a total loss. It appeared that the yew' was
laden with wheat, and bound for Liverpool. Upon her
arrival at Cork it was found that • great part of the cargo
was very much injured, audit was clear what the duty of the
master of the vessel was. It was his duty to have ascertained
whether it was practicable to have had the cargo dried and
conveyed to Liverpool in another ship, regard being had to
the expense of so conveying the cargo to Liverpool and its
value. If the cargo could have, at a reasonable expense,
been conveyed to Liverpool, then there had only been a
partial loss, and the master could not sell the cargo as for a
total loss. In the present case a claim had been
made for salvage, and the vessel had been hypothe-
cated. With respect to the claim for salvage the
party who insured the vessel was liable to pay
a portion of the expenses so incurred. 'r be
court were of opinion that the verdict, which was that
a total loss had taken place, could not be sustained. The
jury had found that 1,700 quarters of the wheat might have
been taken to Liverpool, but the court thought the question
that should be submitted to them was, whether the expense
of drying the wheat and conveying it to Liverpool in
another ship, was a proceeding which it was practicable and
reasonable to have had done, regard being had to the ex-
pense of so doing, and the value of the cargo and the other
expenses which were incurred at Cork. The rule for a new
trial must therefore be made absolute.

STAINTIACIL C. FENNING.—JCDOMENT.
In this case tne Lord Chid Justice, in delivering the
judgment of the court, said that there were tour questions
raised in the argument upon the rule obtained iu this case,
but it was only necessary to consider the tint one, which
was that the plaintif had no insurable interest in a certain
vessel, and the court were of opinion that that was a good
objection, and that their judgment must be for the detend-
ont. It appeared that on the 20th of September, 1646, a
vessel called the Hartland left Quebec, for Liverpool, but
meeting with bad weather she was obligid to put back to
Quebec, being much damaged. In order to obtain the
money necessary to repair the ship, the master hypothecated
it to Messrs Allen and Gilmour. By that deed it wu pro-
vided that if the consignees did not pay to Messrs. Allen
and Gilmour the bills of exchange drawn on them
to the amount of about 1,6001., then they might
under the deed of hypothecation seise the ship at any time.
The ship had been lost, and Messrs. Allen and Gilmour had
through the plaintiff, insured the vessel, and the defendant
refused to pay the insurance on the ground that the deed of
hypothecation did not give them an insurable interest in
the vessel. The Court thought that, as the deed was not
such a one as count be enforced in a Court of Admiralty, no
interest was conveyed to Messrs. Allen and Gilmour, and,
therefore, they had nothing to insure, and, consequently
had lost nothing. Under these circumstances, the Court
were of opinion that their judgment ought to be for the
defendant.

&IMAM AT NHS PUFF •T lIIDDLESET.—booto
WILLIMOI AND • COMM.? Jukr.
BUSINEIBE OF THE COI RT.

ML Jvvrics

morning the court commenced the business of the
Int sitting in the present terns, and after disposing of one
undefended cause, proceeded with the li
st in which 19
cases are entered for trial, two of them being marked for
special juries.
SEARLE T. HARRIS.—FALSE IMPRISONMENT.

The plaintiff in this case is a carpenter and der
living in Mount-street, Whitechapel, and the defendant
is a watchmaker in Upper East Smithfield, and also the
registrar of births and deaths for that locality, and col-
lector of the poor rates. On the evening of Friday,
the 18th of February, the plaintiff was at a public-house
called the Star and Still, in liarrow-alley. Aldgete, and
about half-past seven he was told that the police wanted
him outside. In consequence of this communication, he
went out and saw Sergeant Kelly and two police consta-
bles, who took him into custody upon a charge of stealing
some lead from the roof of one of the defendant's houses
in Olasehouse-yard, and conveyed him to the Leman-street
' station house. The defendant au then sent fur, and in about
an hour he arrived and signed the charge-sheet. The result
was, that the plaintiff was locked up in a cell all night, and
was taken before Mr. Yardley, the =gismos, in the morn-
ing, and discharged. The heed said to boo been stolen wu
removed upwards of 12 neaths beim the plaintiff was
taken in charge.
The defendant pleas* that he bed seserseabic end pro-
bable cause for suapealms **MOW[ af steeling the lead,
and he ailed witnesses, esa4whemelend that the plaintiff
with ewe et hie non renerred wee bad ben the roof of the
bark premises of the Items is questies. This, however, was
dose without any attempt at comesbaent, and in the middle
of the day.
The plaintiff called witnesses in reply, to prove that be
led semnoved the lead by the direction of Gardener, the
sishedeat's son-in-law, who managed the property, and
who had employed the plaintiff to cover the roof with a
celreof the nature of pitch, in place of the lead.
Lee Lip summed up, and diseased the Jury that, to
remit *be pieti the defendant mast @hew theta felony had
sattolly been eamilisd by semeebbly, but es this had not
bees ]need, the es" "when whilebe, what amount of
demur's@ the plublW we@ watilled lb
The Jerry Mired to moulder the subject, and in about as
hoer soil a belt they returned into court, and the following
eal leek limes.
drirpolo--Zisven of us have agreed, my lord, but one
Mime eel, sod we Can male not3tng of tim. I really
Mist be b sat corepos mends.
Mr. Molise Williams—l can only say that you must give
a unanimous verdict.

The Jarman—My lord, he says he will sires now.
The Mindere—Do yen And for the plaintiff or for the
defendant?

"-The Foreman—We lad for the plaintiff., deniers 471.6 e.
(A laugh.)
One of the jurymen said it wu a mistake : he had nnder-
stoodthevewutobefar6ol.
A abort consaltatioa tken ensued, and the verdict was at
length ntures for the *Wig damages 601.

THE EXPRESS, SATURDAY EVENING, MAY 31, 1851. .

COURT OF EXCHEQUER.—YumgMAL
Sanwa :a assns.
FROST tf. I'ARRRIL—IfiRW TRIAL.
Mr. Watson, GM., moved fora rule, calling on the plain-
. tiff to show cause why the verdict returned for him for 8001.
should not be set aside, and a new trial had, on the ground
j that the • erdict was against the evidence, and that the
damages were excessive. The plaintiff had rented a house
at Russell-square at 160/. a year, from Mr. Benson, who in-
structed the defendant, an auctioneer and broker, to put in
a distress for 2401. arrears of rent due. It was alleged that
Mr. Benson agreed to give time, and that against his corn-
, mends the defendant had ?maliciously sold the goody. The
fourth plea stated, that the order given by Mr. Benson was
countermanded, and that the goods were removed and sold
by his direction. It was also alleged that the expenses were
tendered, which the pleas denied.
The Court thought the verdict upon the Ant count, for
7801., could not stand, and that the damages returned on
the second count (501.) was quite sufficient to rover the
whole thing. A rule nisi should tl szehre be pub 1.
Rule nisi granted accordingly.

THE POLICE CO URTS.
GUILDHALL.
Mr. Clark, the secretary to the Mutual Benefit Awocia-
Ition of Oil and Colourmcn, Druggists, and Drysahers, was
summoned before Alderman Lawrence under the Friendly
Society's Act, to show cause why he refused to pay the sum
of 20/. to the widow of William Pullen, to which, it was
alleged, she was entitled by 12 monthly subscriptions regu-
larly ;aid into the society by her husband.
l.vtdence was adduced to chow that the husband of the
complainant had paid up his subscriptions regularly during
• period of 12 month., by which he was entitled to receive
all the benefits of the society. During that time, however,
ho attended his work daily without intermission, with the
exception of a few days' mace when he was attacked with
rheumatism, and on a subsequent occasion when business
took him to Gravesend for three or four days. lie
did not report this illness to the society, as it
was not of a serious nature, but continued his
payments till the end of the. year, when they took
from him his monthly card, and gave him a ticket acknow-
ledging the receipt ut the twelve monthly subscriptions, and
entitling him to become a regular member of the society. A
few days subsequent to his paying the last subscription, he
died from an attack of inflammation of the brain, which
seized him suddenly, and terminated his existence in a very
short time after. It was contended, on the part of the
society, that the husband of the complainant had no claim
to any of the benefits of the society, by neglecting to report
his illness, when, according to the rules, his subscriptions
would have been suspended until his complete recovery, by
which he would have been thrown back in the number of
payments made, so that his death would have occurred
before making the last payment, instead of immediately
after. Ilad the rules been strictly complied with, his widow
at his death would not have been entitled to any of the
benefit' of the society.
Alderman Lawrence said that whatever irregularity
might have occurred in the payments he should overlook,
as the society had balanced the accounts and given the man
Pullen a ticket confirming him a member properly quell-
fied, thereby acknowledging that everything was regular
with regard to his illness. In his opinion a slight headache
or want of appetite could not be construed into a disease or
ill health to warrant a report being made to the society. To
render such a proceeding necessary, Le thought it must be
some disorder to incapacitate the subscriber fur work. This
had not been shown to be the case longer than two or three
days' duration, and he would therefore make the order fur
the payment of 201. and costs.
Defendant then paid the costs, and made arrangements
for the payment of the order.

_
SOUTHWARK.
Joseph Low, Charles Low, William Chishold, and Robert
Baker, four medical students, were charged with creating
a disturbance and breaking a table in the house of Mr. Col-
lins, the landlord of the Roebuck Tavern, Doverroad.
It appeared that on the previous night the prisoners en-
tered the parlour of the Roebuck, and commenced making
a disturbance, and on being told by the landlord to desist,
they pushed one another about, and in the scuffle broke one,
of the tables, which was supported by fancy iron work. To
prevent them from committing further mischief, Mr. Cols
ims called in the police and gave them into custody.
The prisoners expressed their regret for having so mis-
conducted themselves, and offered to pay the amount of the
damage done.
Mr. Collins said he bad no wish to press the charge against
them if they would make good the damage.
Mr. Arnold—How much does it come to ?

Mr. Collins replied that it would cost bun 3/.
The prisoners, having paid that sum, were cautioned
by the magistrate, and discharged.

THAMES.

John Brown, 23, well known to the police as a smasher,
was charged on suspicion of causing the death of Mary
Ann Jackson (a woman with whom he has cohabited fur
some time) by the administration of poi-on.
Sergt. Weakford stated that he saw the prisoner and the
deceased woman in conversation that morning, a few
minutes before one, in St. George's-street. Knowing the
prisoner, he (Weakford) ordered him on, at the same time
saying " You've got a fresh woman, have you not," to
which the prisoner made no reply, but went away towards
the Rose and Crown. He saw no more of them till a few
minutes to 2, when he found the deceased lying on
the step of a door in Princess-street, leading to Princess-
squire, and the prisoner at her side. There were several
persons round her, and she appeared to be insensibly drunk.
In consequence of what he was told by a woman named
Lewis, he asked the prisoner if he had given the'
woman any poison, or if she had taken any, to which he re-
plied, " ho, it's all right, take her to the station-house—
she is drunk." Mrs. Lewis, who was bathing the face of
i the deceased with vinegar, said, " She has taken something
to drink, but will be all right soon." Payne, 198 11, who
was also present, asked the prisoner if he knew the woman,
to which be answered, " Yes, she is my wife." Payne
then advised him to Like her home, but he refused, saying
that she had taken poison. In answer to further questions,
he said he was not sure she had taken poison, and if she
had done so, he did not know where she got it. Seeing the
woman looked seriously ill, Weakford obtained a cab, and
bad her conveyed to the station, from whence, by the direc-
tion of Inspector Miller, she was removed to the
London Hospital by Payne, but died on the
way. Williams, 113 H, took the prisoner into
custody, and ou the way to the station said, " Why, the
woman has taken something." The prisoner answered,
" There's no one that saw me give it to her to come against
me." At the station he denied all knowledge of the de-
ceased to Inspector Miller; and on being searched, and
3s. 6d. being found on him, he said, " She gave me that."
Sergeant Weakfurd made every inquiry about the neigh-
bourhood, and learned that the prisoner and deceased had
been at the Rase and Crown. Ile proceeded thither, and
examined the glasses on the counter, in one of which he
found about a tea-spoonful of something similar to spruce
and water. It tasted insipid, and appeared to be sweeter
than sugar could make it. He took that to the London
Hospital and handed it over to the apothecary.
Mrs. Lewis, a married woman, residing at Princes's-
street, St George's' stated, that in consequence of the
nightman being at the house she was up later than
usual. About two o'clock she heard bitter moans, as if
some one was choking and said to her husband, "Dear
me, Thomas, what horrid groans."
, Her husband said,
" Oh, it's some one intoxicated, and went to bed. Hear-
ing the groans repeated, she went out and saw the de-
ceased on the next door step but one. The prisoner was
also there and appeared to be treating her kindly, saying,
" Dear Mary, what have you done, what have you taken, '
and the deceased answered, " I have done it—oh, my
child." The prisoner then told her two or three times to
put her two fingers down her throat to bring it up. He
likewise said " Rise yourself, there's a good creature, or
you'll get me into trouble." The deceased managed to walk
or rather drag herself a little way further and then fell on
another step. A gentleman who was passing the place
asked the prisoner what was the matter, upon which the
prisoner re lied, " She has taken poison enough to kill a
horse." Witness bathed her face with vinegar and water,
but to no purpose. The deceased's left hand was exceed-
ingly cold. Mrs. Welbrock, landlady of the Rose and Crown,
subesquently appeared, and, on looking at the prisoner, was
so agitated that she had to be accommodated with a chair
and a glue of water. The prisoner, too, seemed dreadfully
affected and shook from bead to foot. There was very
little, however, in her evidence, and the case remains in-
volved in as much mystery as ever. She said the prisoner,
accompanied by a woman who was apparently in a very
dirty state, came to her and called fur half a quartern of
gin, with which she served them. Tho woman poured it
into •glass and offered it to the man, who drank a little,
and than drank the remainder herself. Nothing appeared
I to have been mixed with the drink, as witness had her face
turned to the minim all the time.
Mr. Ingham observed that it was a very mysterious af-
fair altogether ; and understanding from &trent Weak-
fora that an inquestorould be held forthwith, remanded the
prisoner, who was recognised by several officer' as having
been frequently had up for smashing, until Tuesday next.

THE GOLD-DUST ROBBEET.—WM. Filliplin, the
person charged with being concerned in the gold dust rob-
bery on the South Western Railway, was again brought up
before the Winchester magistrates yesterday for re-exami-
nation, and after hearing the evidence of Mr. Eldred, a
coffee-house keeper at Shoreditch, who declared his belief
that the prisoner was the man who arrived at his house the
morning alter the robbery with two heavy packages, and a
cabman, who likewise stated his belief that the prisoner was
the man whom he had taken to the Shoreditch coffee-house
from the Waterloo Station the morning after the robbery.
After tha and some formal evidence had been gone through,
Ilse peiaumer sou fully committed for trial at the Winchester
ANOTHER FATAL SEWER ACCIDENT IN SCOTLAND-
TA/D.—Yesterday another dreadful accident happened in
the sewer now being made in Scotland-yard, in the same
'opening sad near the spot when several men lost their
lives a few months back. A man named MecarthY, who
wee in the employ of the contractors, was at his nsual work
whew, by lame means not yet explained he fell to the
bottom of the sewer, which is about 17 feet deep, and when
he was found his bead was discovered to be half embedded
in the clayey bottom, and the body sad aeck doubled over.
Than who were at work got him out as soon as possible ;
but he wee wholly ins/sable, and conveyed directly to the
Charing-cross Hospital. The house surgeon, upon examin-
ing the body, saw that life was quits extinct, and that the
vertebra of the neck, close to the head, was almost
separated

MONEY MARKET.
[For tAis day's City New, as 641 p...)

PIIDAT EVENING.
At the half.yearly meeting. of the New Zealand
Company held to-day no business was done, as the
meeting stood adjourned for a fortnight, pending
the negotiations with her Majesty's government. In
reply to a question put by Mr. Standish Motte, the
chairman stated that the proposal submitted to her
Majesty's government will be printed and circulated
among the proprietors previous to the adjourned
meeting.
There was no material change in the foreign ex-
changes this afternoon, but the quotations of last
post were fully mnintained, and the rates were even
a shade higher in several cases. Short Paris was
done at 25 to 3; do. 3 months, at 2z,.20 to 25. Ham-
burg at first found takers at 13.8, but left off sellers
at that rate. Holland was again a trine higher,closing
11.18 to j. . Frankfort was rather more sought
after, and therefore not quite so high as on last
Tuesday, being done at 119 to Genoa and Leghorn
' were again in demand at the late quotations of 25.40
for the former, and 30.40 for the latter. Bills on
Naples and Sicily were exceedingly fiat, and conse-
quently negotiated in favour of buyers; Naples at
401 to I ; Palermo, 123 to ; and Messina, 1.231 to
I. On Spain and Portugal a fair amount was nego-
tiated at previous rates, but on Austrian places we
noticed again a decided indisposition to purchase,
and hardly any transactions took place, although the
quotation is higher, viz., 12.50 to 55 for Vienna,
and 12.53 to 57 for Trieste. St. Petersburg was fiat,
and left off 37 to
The prices negotiated are as follows:
Time. _ rnemmeegotisted.

Pros To
Amsterdam per A Short 1111. 1126stv. .. Iltl. hats.
Ulu°
none:dant
tinsubble and Alton& „ " Hume. SKIL now.. Sleek.
Prankfort-un-the-Milne „ lll4. 0:r. ... 11011 L
Vienna
frigate
Antwerp

' Pot.: „ Rl;Ort 23tr. (Jr. ... 25fr. Se.
Me.... „ 3 Months2sfr. 20e. ... 231 r. 25e.
Rain ..... tt 9, 23(r. 21. c. ... 23tr. 2.1 e.
Genoa
L.WhOra ........
Vence
Naples per ducat „ 4ti pence .. 401 pence
Palermo per ounce „ 123 141101... 123 pence
I,leseina 1231 perm ... 123 pence
Madrid per dollar 4l pt cue ... 4e I,A 1)1X)
t Mix „ 5 t pence ... .51 pence
Itarcelona
1.1.1 ma. per lathes „ 3.4 pence .. 33 pence
°Pune

The following are the rates at which the Hank of
Australasia, the Union Hank of Australia, the South
Australian Banking Company, and other parties,
grant bills on places in the colonies:
Adelaide
Auckland lO2
Bathurst
Geelong
Hobart Town
Launceston
Lyttleton
Maitland
Melbourne
Portland
Sydney
Ilington
The bar silver brought in by the Severn was sold
on Change this afternoon at Cis. Oid. per ounce
standard, being a reduction of id. per ounce. Dol-
lars continue at 4s. Did. per ounce.
The following correspondence has been forwarded
to us by Messrs. Craven and Co. :
[Copy.]
To the Right Honourable the Chancellor of the Exchequer.
91, Great Tower-street, London, Ma 22, 11451.
Ilonourable Sir,—Before bringing under the considera-
tion of parliament the peculiar position in which we arc
placed in reference to our trade as sugar refiners at South-
ampton, we beg to inform you that our bonded refinery is
now full of goods which we can neither export to a foreign
market to meet an unequal competition with the Dutch re-
finers, who have a high bounty upon the exportation of
their goods from their government, nor can we afford to ship
them to a foreign port and bring them back as foreign goods
to be entered for home consumption. tinder such harassing
and painful circumstances, we make this appeal to your
sense .of justice to permit our goods to be entered at once
for home consumption upon payment of the same scale of
duties as are levied upon the Dutch and Belgian sugars.—
We have the honour to be, honourable Sir, your most
obedient and humble servants,
(Signed) Jon); Casvrti end CO.
[Copy.)
Downing-street, May 23, 18.51.
Gentlemen,—l am desired by the Chancellor of the Ex-
chequer to acknowledge the receipt of your application to
be permitted to enter your goods at once fur home con-
sumption, on payment of the same scale of duties as are
levied on Dutch and Belgian relined sugars. Sir Charles
Wood regrets that be cannot comply with your requc.t.—l
am, gentlemen, your obedient servant,

W. 11. STEPHENSON.

The account of the position of the Bank of Eng-
land for the week ending Saturday, the 24th of May,
18.31, published pursuant to the Act 7 & 8 Vict.,
c. 32, is as follows :
BANILOF SNOLAZID.—Accornr foe the work ending Meg 24. 1851.

Noses Wad AV,K.V.:IO

111711 WIT .
Outernment A. 11.4.15,10,
Other . .
and Ifl.lllloo 12,872,13.3
Liner lAulaua ......

ProptisioniOapoal..../1,581..0
bat ..... . . 3.143,792
tkiblis Deposits India&
X acey, Via,.ltaaU.
Corow.is. of
41.11)11a1
Irob‘abi Dm. Amts.) 6.582,509
Otlvo Depondts ....... 8,249, 9/2
seses-dynadutber 8611. 1.093,286 i

Oot eromait Bo:taffies
1 Welght
Aimultp R13.691.=
othert&oeuritles 11.981.75
Note,
' ()old awl elver Colo ria,s39

L 24,114,481 I 04,116,484
as !S. 1851. M. MARSHAL' . Mier t :..,tb,.
The above returns, when compared with those for
the week preceding, exhibit the following changes:
Circulation issue L26,905,510 Increase £200,415
Circulation active 19,0'26,595 Decrease 98,984
Public deposits 6,58'2,609 Increase 565,092
Other deposits
Government securities in

banking department 13,593,235 Increase 2,247
Other securities in banking
department
Coin and bullion in both

---
13,568,049 Increase 211,629
Seven day and other bills 1,093,296 Increase 13,628
The Rest
The Reserve 8,641,464 Increase 310,609
According to the official returns published in the
Gazette of last Tuesday, the total note circulation of
all the private banks of England am Wales during
the week ending the 17th May, was 3,660,4311. In
the preceding week the amount was 3,701,2861. ;
the decrease is consequently shown to be 40,8551.
The note circulation of the joint stock banks
during the same week was 2,932,774!., and the
previous week's return being 2,937,3981., there is s
decrease of 24,6241.
On taking into consideration the active circulation
of the Bank of England, which in the week in ques-
tion was 19,125,5751. (being 327,5731. less than the
week preceding), we find the aggregate note circula-
tion of England and Wales to be 23,718,7801., which
shows a decrease of 393,0.:46 as compared with the
returns for the preceding week, ending the 10th of
May.
As regards the fixed issues, the private banks were
1,107,1051., and the joint-stock banks 477,2131., below
the amount authorised to be issued, making a total of
1,584,3181.

METALS. Mr. Moate's circular states that
Welch bar iron continues depressed ; some small lots held
by a speculator have been disposed of at 41. 65., free on
II
board at Newport. In rails there arc large orders in the
market, at rates which makers are not disposed to accept.
—Staffordshire iron is in small demand for export, but the
home trade continues good.—Scotch pig iron may be quoted
at 6d. per ton in favour of the seller ; American brands,
No. 1,41 s. ; mixed numbers storekeepers' warrants, free on,
board, 395. 9d. The gas and water companies are availing
themselves of the present low rates to make their purchases
of pipes. The shipments are large and the stock decrees-
lag, but the production remains undiminished, and, accord.
tog to the opinion of practical men, it may still be produced
at present rates, leaving the makers a profit. Wages are
lower than they were in 1844, when the prices then ruling
were 345. to 335. per ton for No. 1 Oartsherrie, free on
board in Glasgow ; one of the most eminent makers at that
period stated in the House of Commons that he could then
produce it, leaving him a good profit—Swedish iron: There
are some fine assortments in the market to arrive, suitable
for Bombay.—Swedish steel : No alteration.--Copper is
very firm, and a harts business has been done. Some par-
cels of South Austr have been taken off the market at
full rates.—British tin is quite neglected ; there is but little
demand for exportation.—Foreign tin : Not any transac-
tions have been reported during the week. The approach-
ing sale in Holland, in August, is expected to be much
Larger than was supposed at the beginning of the year.—
Spilter : Not any transactions have been reported. The
stock is heavy in London, bat unprecedentedly low at the
French depots.—Lead is stall dull of sale, the last mail from
the United States haying brought lower quotations.—Tin
plates are in good demand; they may be quoted at 6d, per
box dearer: