The Express.
London, England, 1853-03-10 00:00:00

KA° intelligence.

EQUITY COURTS.—YESTRIDAY.
Bayou ma Locos elemcss Amu.
Psteritti. v. ROT.
This was an appeal from en order for an injunction
granted by Vice-Chancel'or Kinder"ley, 'elusion,' the de-
fendant from prosecuting en action in the Court of Sessions
in Scotland, under the following circumstances: The plain-
tiffs were the assignees in bankruptcy of a Mr. Campbell,
who had carried on trade in England and become bankrupt
there. A dividend in the bankruptcy having been de-
clared, the defendant, who claimed to be a creditor of the
bankrupt, but did not tender or intend to tender a proof
of his debt in the bankruptcy, commenced an action in
the Court of Sessions in Scotland against the assignees.
wherein he claimed to be paid en amount which should
be equal to a dividend upon his debt, at the same rate as
that declared in the bankruptcy. The assignees not appear-
ing to the action, Roy issued arrestments upon certain reel
estates of the bankrupt in Scotland, which were in the pros
session of the assignees. The effect of these arrestatents
was to prevent the assignees from realising or receiving the
rents of those estates, until they had given to the plaintiff
security for his demand. The injunction was applied for
and granted, on the ground that this was en improper in-
terference with the administration , by the assignees, of the
prop( rty. in bankruptcy, under which Roy, by proving his
debt, might have the same relief as that sought by his
action.
Mr. Bacon and Mr. Giffard appeared in support of the
appeal ; and the Solicitor-General, Mr. Anderson, and Mr.
Kerslake, contra.
Their Lordships were orepinion that there was no ground
for the suit, and that the order for an injunction must be
discharged. The creditor, Mr. Roy, not proving or intend-
ing to prove his debt in the bankruptcy, was a stranger to
the proceedings under it, and as little under any duty to
the assignees or other creditors as if he were not a creditor
of the bankrupt at all. The action in Scotland, it was true,
appeared to be of a frivolous and vexatious character, and
one which was very unlikely to succeed ; but it was not the
province of this court on that ground merely to interfere
with the proceedings of patties before another tribunal of
competent jurisdiction. The propriety or impropriety of
the proceeding would most probably be dealt with by the
tribunal before which it was tried. The order for the in-
junction was then discharged.
COURT OF MANKRUPTCY.—YESTSRDAL

Suess Ma. COMUNIMIN NNISLUNWR.
IN is D. K. Fonts.
The bankrupt was a carrier, In an extensive way of busi-
ness, of Blossoms lan, Lawrence-lane. His application for
costliest° was heard a few days sgo, when the Commis-
sioner gave judgment except as to the class. It was now
intimated the' an boutediate costliest* would be granted of
the second class.

INSOLVENIP DEBTORS' COURT.—YESTE/DAT.
Dimas the Qum Otenuessounn.
IN RR WILLIAM H. I'ILBUZT.
This insolvent, comedian, applied under the Protection
Act. Mr. A. Dowse appeared for Mr. Jams Bowen May,
a creditor, and Mr. Nichols supported.
Mr. Dow.. called the attention of the court to the
schedule, from which it appeared that the insolvent's fur-
niture bad been sold under a bill of sale he had given to a
Mr. Leon, end that person was not in attendant». He was
willing that a day should be named for the anal order, and
on the nest wagon Mr. Leon must attend.
Mr. Nichols said endeavours had been made to procure
the attendance of Yr. Loon. No doubt he must attend on
the nest hearing.
Mr. Dowse recommended the insolvent to make a bro-
pout when he again appeared to pay his creditors.
The insolvent declared that bad be been treated with the
allotest humanity he should not have peared before the
court. lie had property to pay 40s. in the pound, but had
been out of employ.
The Anal order wu appointed for the 6th April, and pro-
tection renewed.

ASSIZE INTELLIGENCE.

harm Ma. Justus Cowing*.
ROME CIRCUIT—Mamma, MAica 9.
ATTIMPT TO MORONI.
Frederick Load, 4.5, was indicted for the capital offence
of feloniously attempting to discharge a loaded pistol at
Sarah Smith, with intent to murder her.
Mr. Medea, who appeared for the prosecution, stated the
facts of the ease, which were of rather an extraordinary
ehanister, and the following evidence was then adduced ;
Ewe the prosecutrix a good looking young wo-
Liesstois brid that she had been for five years and a half
in the family of Mr. Waskeithertb, a gentleman
residing at Sevenoaks. A women, named Anne Brown,
was cook in the family, and the prisoner acted as coachman
and butler. In August last year the prisoner had the
charge of the house during the &twines of her master,
and Mr. Weekerberth had purchased him a revolving
pistol with six barrels for the purpose of his pro-
tection. About this time she had observed that the
nosier was very strange in his conduct, and that he appeared
very excitable and violent, and she noticed it particularly
on the 6th of August, the day on which this occurrence
happened. Ahoutten is o'clock the morning the prisoner
went out upon the lawn, and he then discharged all the
barrels of his pistol. At half-past 1 o'clock they all sat
down to dinner, but the prisoner did not eat anything, and
his appearance alarmed her so much that she left the par-
lour and went up to her own room, and shortly afterwards
she heard the prisoner go to his raw and take the pistol
oat ef the drawer in which it was kept, and she then heard
a seise which she thought was the report of a pistol. In
consequence of these proceedings of the prisoner, she and
her fellow servant, Anne Brown? went out and applied to
the magistrate for a warrant against the prisoner, and she
aceompasied the constable Bradley to her master's house.
She then maw the, prisoner sittinglisar the door, and on her
'deg in he addressed her and amid "You have done this—
it is-all your fault." He then Pulled a letter out of his
psdhit and asked her if she had written it, and the told him
she had. She had written the letter the same morning and
=it is an open desk, from whence the prisoner must
taken it. The moment she told the prisoner that she
had written the letter he exclaimed, " Take that," sad she
adusailed wad turned her had, and at the awe amnia she
hum' Ma slick of a pistol, bet there was gee roped. TM
awe illniediately upon this enema the Omer. Oa the
Maws morning she found a peragian op as the dew
"Mb appeared to have been tidies oh serf whoa she
Mew it into the fire it eatiale4.. She badort had ow
=with the prisoner as 110 leek pima. A sawn
fore August the peissanr wee very 11l and k.r.aria.
bad, and after this illness As =deed a good deal of
ewe in his conduct.
The letter referred to by the prosecutriz was put in and'
read. It was addressed to a festal* acquaratanra, and,
=Whew natters, it contained a compiaint of the pri-
esadaet, sad stated that Mr. Wackerberth would be
ready to discharge the prisoner if she and the other servants
desired it, bat she was unwilling that this step should be
token se the prisoner was a married man, and she hoped he
wank mend.
Rawer to a question put by Mr. Dudes, the pramientrix
Gall that the prisoner bad never attempted any improper
familiarities with her.
Cross-examined—Tbe prisoner bad only been about a
year is the service of Mr. Weckerberth in the country at
that time, but he had been in that gentleman's service in
London four or flee years before. lip to the period of his
illness he always behaved very well. He was attacked with
isesessitteat fever, and after be recovered he frequently
amopilmad of his head. She was not aware that he was
wren & senses at any period of his illness, but afterwards
ha wee frequently very excited and quarrelsome, and he
'steamily said that he war &much worse man nines his ill-
ness. It was after his inner that her master procured him
the pistol to protect hie house and property. She did not
bear the prisoner gay after the transaction that if he had
shot her he intended to have shot himself. She and the
cook were alarmed at hie conduct, and they wished to have
him bound over to keep the peace, but the prisoner war not
aware of it being their intention to make such an applica-
tion against him.
By the Court—The prisoner had frequently professed en
attachment for her. She did not consider it was love, but
merely friendship. He n ads any improper overtures
to her. She knew he was a married man, and therefore paid
very little attention to what he said. She had no doubt that
the prisoner entertained an affection for her, and she did
sot discourage his advances so mach as she should have
dens, because she was afraid of him. His excited manners
and behaviour caused her to feel great alarm on hie ac-
count, and she was fearful that he would do her some
violence.
Anne Brown, the cook, deposed that on the day in ques-
tion, after the proseeutrix had left the room, the prisoner
became very violent, and on her remonstrating with him he
made use of very bad language, and said he did not care a
CUM for her or Sarah, or his master.
Cross-examined—Until the prisoner was ill he always ap-
peared to be a quiet, inoffensive man. She was not aware
that the prisoner had been driuking on this day.
Blisabeth Morris, the daughter of the gardener, proved
that after the two women had gone out to apply for the
warrant, the prisoner came to her father's cottage and asked
if Sarah was there, and on her telling him she was not, he
ran up wars to look for her. Hs appeared in such an ex-
cited state that her mother said to him, "Oh, Lona, what
is the matter with you ?" The prisoner replied, "Itis of
no use ; I will have my revenge."
James Handley, the superintendent of the police at
&yeas:mks, spoke to the presentation of the pistol to the first
witness. After the prisoner was in custody be said it was •
good job that the pistol had missed fire, for if he had killed
the girl he intended to have also destroyed himself.
Blackman, the other constable, corroborated the evidence
of Mr. Handley, and said that while he was straggling with
the prisoner, and the pistol was resting upon his arm, he dis-
charged four of the barrels.
Mr. Horn then addressed the jury far the prisoner, and
after observing upon the extraordinary nature of the ease,
be submitted that the jury would be fully warranted upon
the evidence that had been adduced is coming to the eon-
elusion that at the time the prisoneepoweitted the desperate
act with which he WIN charged he was not in such a state
of mind u to render him responsible for his actions.
Mr. Justice Coleridge having rammed up, the jury found
the prisoner Guilty, and he was sentenced to be transported
for twenty years.

LONDON AND SOUTH WESTERN RAILWAT.—.
Amount of walk for the week mg*/ March 6,1863 :—Pee-
-97;6,5144. *id.; geode, 2Ani. 178. SO. T*
Lrelet. GIL