The Express.
London, England, 1865-11-27 00:00:00

5..--•"'

INTELLIGENCE.
gins DAY.)

a COMMITTEE OF THE PRIVY
00UNOIL.
je were reenesed this more*, berme Lord
the Lords dilation, Sir Edward Williams, sir
l Sir H. Colville.
.ipe were engaged in In oases, in which
to
were mad* for leave appeal, and other met-
rd
y..Cveseeel sod Mr. Mellish. Q.C., were beard

it sitting will oestiuue for some tiros. Tim.
Ile business before the committee. neit lora.
the first time since the long venation.

PuRT OF QUEEN'S BENCH.
Prius sittings at weatusiaster.—(Before
'Lord Chief Justice arid • Special Jury.)
Ike first dap' of the after term nisi prim
list contains 147 causes-56 of which are
91 seer causes. 68 are marked for special

MIRE r. CLENCH AND OTHEIL
as the declarstios alleged that the plaintiff was
false and frandakait representations made to
defendants, to take 40 shares in the Maws&ld
Company (Limited), and he sought by this
mover back the 1,000/.not• so paid by bim. TIM
plasded separately guilty sad never indebted.
ge. Q.C., and Mr. F. IL Lewis. were 00" mi
tiff ; Mr. Ruddiest/314 Q.C., Mr. Hawkins,
Serisent Ballantine, Mr. Holker, Mr. Pope.
ty, and Ur. Garth, were counsel for the deign-

was one of considerable intricacy and • large
evidence has to be given both orally sad
iry, and if tried out the case is expected to
he court two or three days. The public
understand the case by giving the fol.
ad outline of the principal facts which the
LT
lies on to substantiate his claim against the de.
The plaintiff is a retired fringe and ribbon mann.
residing at Norwood, end the defendants it was
variously concerned in the promotion of this
companies. Mr. Closets was described an • anon-
and the bringer out of a number of cam-
, Sharpe. smother defendant, was alma promoters:4
and was also the promoter of a rival gunpowder
Mr. Walker, • third defendant, was an actuary,
'hatteris was described as a barrister and an ac-
The Liaenfield Gunpowder Company had pm-
Maersfield, near Brighton, on property belonging
emery
Shelley, where they carried me business with
• and plant belonging to the hon. baronet. In
we had been established • company called the
I Patent Gunpowder Company (Limited), and ea
I July of that year they took a lease of premises
i to Sir John Shelley, togethether with
run-engine end plant OD the premises, for
4, at a rental of 3861. and a royalty of td.
sal on every hundred weight of powder or other
s composition whatever manufactured on the
but in no year to be paid less than 1002.
len royalty. Mr. Sharpe was connected with that
r, and in 1858 it went into bankruptcy, and was
p in Chancery, the lease for 99 years passing with
arty belonging to the company into the hands
Mansfield, the liquidator, appointed on the
February, 1A59. The company was then
be word patent being left out of the name Ora
F. Mr. Sharpe issued the articles of association of
company, by which they accepted the lease, ka,cd
nisei on the same terms as the previous company.
on to state that the new company wan empowered
hue the steam-engine and pot at 2,0001., to be
•by quarterly instalments, and widish should eon.
art of the assets of the company. The premises
sachinery, Sc., were to be purchased of Sharpe and
(or 5.0001. to be paid in shares to represent paid-op
lin the company which were to be "noted, and
I amongst them. The lease, do.. was transferred,
in the company became an existing thing afterwards.
arpe parted with 160 of his U. paid-up shame to a
W. Willes, for a stun of between 302. and 401., and
tech. Mr. Walker, and Mr. Chatteris bought others.
31st December, 1859, the first balance-sheet of the
Ewas drawn up. but not published and circulated,
presented amongst other things a mortgage to
Shelley 1.8001., and a capital 8,950/. On the
side were debtor', 1,2341. ; goods consigned. 1,2962.
7,0001. • creditors on debentures, 300/. ; cash
akin', 401. ; and trading loss, 951. 13a. Id.
balance-sheet it was alleged was not
known to the plaintiff until • long time
re bad joined the company, end the action was
1,.. t when it was discovered amongst the papers of the
y. About six week' after the date of the above ha.
aon the 84k Feb., 1860, the plaintiff, who had
ntroduced to the defeedanta, was shown a balance
upon which this Artie° was founded. The capital woe
represented as 5,5002. ; creditors, 1,3811.
Id. ; creditors on debentures, 6001. ; and
which it was proposed to carry to the
- amount, 1,8401. Us. Id. On the other side,
At 5,200/. instead of 7,0001., and drop the mortgage.
IS Bth May, 1360, tbe plaintiff met the defendants, or
eater portion of them, at the Gresham Club, when
fairs of the company were discussed, and it was stated
lie Gutless" of the company would yield a profit of
per cent. Plaintiff thee took his shares and paid
If., and became • director, and thee a diet aid
I per cent. wee shortly after declared, and paid,
reserve fund sinking from 1,8101. to 1,1001..
e directors divided 5 per cent. on the paid up oapll4
after they got the plaintiff's 1,0001., and another 1,0001.
Mr. Clarke. Plaintiff after he joined theoompasy took
in its management. He discounted their bills, and in
ways assisted in the promotion of the bruin=
\e company, but having no access to the books,
having no suapicion of its insolvency, he
sad that the affairs of the company were
i conducted on a real and substantial basis. Some
after Mr. Smith bad joind the company he had hie
Akio called to the sum of 1,8001. interest in a subse-
a balance-sheet, and as he could get no satisfactory
relation about it his suspicions were for the first time
lied. In the meantime in 1861 Mr. Sharpe, wire
managed the business, resigned his position in
company. and shortly after became the promoter
,director of a rival gunpowder company. The company
is in difficulties plaintiff was induced to undertake
rpe's duties, and he advanced as much as 3,0001. to
company in discounts most of which were, however,
aid. It was only about thia time that the plaintiff ber
se aware of the real nature and solvency of the
spiny, and as he found that the company could not go
8 ceased to be managing director, and be was succeeded
r. Chatteris. Sir John Shelley afterwards put in his
for arrears of rent, seized the plant, kz., and was
v, it was believed, in possession of it, and the plaintiff
no idea what bad become of the company. Under
re circumstances the plaintiff claimed to recover the
Oa which he originally paid for shares. The
the prcepon
eo-
which gave a flouriahing description of pos
rproopeets of the company, were put in and relied upon
part of the fraud.
[The case was peooeeding when our report left.]

COURT OF EXCHEQUER.
eing. at Nisi Price.—(Before Mr. Baron Marlin awl
Special Janie.)
‘This wu the Grit elay of the sittings at Dist prlae after
u. The cause list costa 86 entries, of Whitt
flu au
lush and 14 for special juries.

THE POLICE COURTS.

(THIS DAY.)

MANSION-110178E.
ANOTHIR LITERRIVE LURIZZLEMENT.
A very respectable-looking young man named Willis*
;yre klAur, was brought before the Lord bfeyor charted
nth embercliog 400/., the mooeys of his employ
"sok, Winch, sad 80., term merchants, of Roodnaseginea
iverpool.
Mr. Bumpbreys conducted the prosecution ; Mr. Ring
tppeared for the prisoner.
It appeared that the prisoner was engaged by the Po'
motors in Much last as their traveller at Bristol
aid that pert of the country, and he was to be
Nid a salary of CAM/. a ear, and was allowed
deduct 50/. monthly. They prisoner was appointed
4 above stated, in the month of March. ad
lo the beginning of November he came up to Loudon bee
woogbt his book of accounts, and balanced those arc?Ssle
with Mr. Laskin, the cashier, and at this ti he admitted
that there was a balance of 1901. due to theme
arm. slot
sum be said he would pay on the following day. Be.me
all at the counting-house on the nest woman&
leand then said that his letters had miscarried. bat be
promiaed to bring the money that was due to the W.'
caters before banking hours oo the same day. Be them
went away and was not seen again, but in four days ate.'
wards he sent a statement of accounts, in whisk be We
himself credit for 501. for a months' salary is advancer
sod them nothing more was heard of him. The
promoutors at once sent maim to the prisoner that e
au
been removed from his appointment, and that a gentleman
named Roxburgh had been engaged in his place, and that
he wen not to collect any more money on account 01
the firm. After this notice had been given to tbe
i
secutors
prisoner he mut letter to the
phic is
wh be stated thata he could sot face thempro after what
I had *mune& and his not being able to make his accounts
I straight, sod he promised to pay the balance that wise due in
about ten days, if the prosecutors would wait for that period.
The prosecutor., of course, would not noderteke to toslst
soy such arrangement with the prisoner, and Ilaydel!. tl.
!II offi wens cer, sent down to Bristol with a warrant for hie 1:
prehension. It appeared that the prisoner bed Psi
firm 1207. on account of the balance that was due fro, 1103.
It was contended oti behalf of the prisoner that it was
' merely a question of accounts between the parties.
The pillager wee remanded.
BOWSTREET.
A TICRET•OP•LEATIL YAW lIIOLECTE4O TO REPORT RIEBRIA%
William Johnson, a convict, who wall liberated Is 1116,/
loot mon a limeys under the 27th and 28th Vitt, 0:3•;44
Ihis original sentence bawlsg to aspire in April, sea 4

..11.0'

SLAMS.

day at 881 so For money Lie last price was
to f, with div. The official business report is as
follows :—Three per Cent. Consols, for money,
84, • ditto for account, 881 ; Three per
Cents. kedined, 88, ; New Three per Ceir.t.,
87k, 88, Si! ; Annuities, 1885, 1511.16, • India
Five per Cent. Stock, 104, 105 ; ditto 'flow

-------.
W INTELLIGENCE,. Eith wets II
.yks &MOD.
(THIS DAY.) d.-Uhl", 11
firsa• sr
,•-.0.- ..i., 01l Ye
COMMITTEE OF THE PRIVY .te A'4lw*
COUNCIL. i t'm he.'
, bigot
were resumed this morning, batons Lard gribier wbi
the Lords Justices, Sir Edward Williams, sir
lei dok
Sir H. Colville. 0.0 ba en
in
• ips were engaged in Indian emu, in which
were made for leave to eppeal, and other mat. okb bade,
cog
rd.
b." 1". lad
• y•Getteeel and Mr. Mellish, Q.C., were beard War .
Odle ffii
• ono.
boo is
.c sittings will continue for some tiros. TbeTherewoe ell
• e business before the committee. Their lord. effect of
" ill
the first time since the long vacation. ge
de trailer le
.---. eltit6l 66
CURT OF QUEEN'S BENCH. ile whit
wipes ...ts
Nisi Prins sittings st Westminster.—(Before
Lord Chief Justice sod • Special Jury.)
the first day of the after term noi pries umetew 'at
list contains 147 causes-88 of which an lea he wu
• • 91 new causes. 68 an marked for special dio Mark
Aber Wel '
MIMI r. CLEYCH nap OTHERB„ Wolff
the deelaratioe alleged that the plaintiff was 1641:7:1
false and fraudakot repreeentations made to doted it e
defendants, to take 40 shares in the Maerstield gr. Vag&
Company (Limited), sod be sought by thin boo retwAl
.. • vet back the 1,000/. so paid by him. The br he had
pleaded se not guilty sad never indebted. liellw i't
• ire. Q.C., and Mr. F. H. Lewis, were 00" mi alf at the
fides.
. tiff ; Mr. kluddleston, Q.C., Mr. Hamlets', we
midi
Barisal:it B.llantioe, Mr. Holker, Mr. Pope. ides. nsoe
y, and Mr. Garth, were counsel tor the deem- Coma
elether, il
Idelictiou ,
was one considerable intricacy and • large
evi of
dence has to be given both orally and The Pew
, and it tried out the case is expected to
• • court two or three days. The potaie
understand the case by givieg the fol. Willies
• • outline of the principal facts which the bye by tail
lies on to substantiate his claim against the de. Bell, one
The plaintiff is a retired fringe and ribbon menu. Or of
residing at Norwood, end the defendants it was etrest..,4
variously comensed in the promotion of this lad rte
6
companies. Mr. Climb was described as • finan. Wulf
and the bringer out of a number ot sum-tiedtint
. Sharpe, soother defendant, was alma promoteret ci which
and was also the promoter of a rival gunpowder
Mr. Walker, a third defendant, was en actuary, lOralet
uteri' was deaceibed as • barrister and an ac- es the floc
The Liaenfield Gunpowder Company had pre- kg it was
Maersfield, near Brighton, on property belong's. Ist his sh
• n Shelley, where they carried oa business with bed with
' • say and plant belonging to the hon. baronet. la . reptide i
had been established • company Galled the eray the ft
• Patent Gunpowder Compsoy (Limited), and oa for. driwi
July of that year they took a lease of the premises deirelto
to Sir John Shelley, together with md Ide I/
—combo and plant on the premises, for pare his
at • rental of 3861. and a royalty of 4d, tap thus
I on every hundred weight of powder or other ce MGM
• composition whatever manufactured on the Jima I
. but in no year to be paid lese than 1001. Them
m royalty. Mr. Sharpe waa connected with that to qaestr
and in 1858 it went into bankruptcy, sod was *tics t
pin Chancery, the lease for 99 years pausing with the lode
. y belonging to the company into the hands lira Sar
Stassfield, the liquidator, appointed on ths POMOD
February, 1859. The company was then the beet
De word patent beiog left out of the name the
ewer be
• . Mr. Sharpe issued the articles of association of which hi
company, by which they accepted the lease, dc.,ed broths?:
~ WO on the same terms as the previous company. a Mitre
on to state that the new company was empowered
,- . the steam-engine and plant at 2,0001., to be
by quarterly instalments, and which shaed con.
JIIO.
tof the assets of the company. The premises
•••chinery, &c., were to be purchased of Sharpe and charged
or 5.0001. to be paid iii shares to represent paid-up Wall
in the company which were to be 'noted, sad the Sc
amongst them. The lease, do., was transferred, Primal
o the company became an existing Di a pus
thing afterwards.
with •
rpe parted with 160 of hie "Al. paid-up shame to a •
W. Willee,mrds
for a sum of between 301. and 401., and m theb
• ch, Mr. Walker, and Mr. Chatteris bought others.
. 31st December, 1859, the first balance-sheet of the the ffibon
• y was drawn up. but not published and circulated, mu
eddy
represented amongst other things a mortgage to
.• • Shelley 1.8001., and a capital 8,950/. On the is the
side were debtors, 1,2241. ;Lords consigeed, 1,2961. ; could e
Ohl
7,0001. • creditors on debentures, 300/. ; cash cartes•
ken', 401. ; and trading loss, 951. 13.. Id.
It wasbalance-abed it was alleged was not
The
koown to the plaintiff until • long time win
• e bad joined the company, and the action was rola
• t when it was discovers amongst the papers of the Pro
oy. About six weeks after the date of the above tar
est, on the tith Feb., 1660, the plaintiff, who had mu
Joh
otrodoced to the defendants, was shown a lielanoe. Reba
poo which this action was founded. The capital wee sad t
represented as 5,500/. ; creditors, 1,381 f. Melt
... ; creditors on debentures, 6001. ; and dive I
which it was proposed to carry to the el hie
• amount, 1,8401. Ile. Id. Oa the other side, is thi
• t 5,200/. instead of 7,0001., and drop the mortgage. Ger
• e Bth May, 1360, the plaintiff met the defendants, or etreet
ober portion of them, at the Gresham Club, when 'oldie
airs of the company were discussed, and it was stated aw I
he business of the company would yield a profit oTab
• r mot. Plaintiff then took his shares and mod ea 1
~ and became • director, and that a dividead d h
per cent. wee shortly after declared, and paid, 11014
reserve fund sinking from 1,8101. to 1.100/.. men
• e directors divided 5 per cent. on the paid up capital ead
after they got the plaintiff's I,oool and another 1,0001. 16s.
Mr. Clarke. Plaintiff after he joined thecompasy took 11,
in its management. He discounted their bills, sod in
• ways waisted in the promotion of the blabs=
. company, but having no access to the books. J
having no suspicion of its insolvency, he
• led that the affairs of the company were
conducted on • teal sad substantial basis. Some I
after Mr. Smith had joind the company he had his
• non called to the sum of 1,8001. interest in a sublet.- bier
eat
• t balance-sheet. and ae he could get no satisfactory
• • Woo about it his suspicions were for the first time ties
the
• . In the meantime in 1861 Mr. Sharpe, who
managed the business, re
e, position in bti
re
company. and shortly altar became the promoter lei
director of a rival gunpowder company. The company dri
gin dithcultiee plaintiff was induced to undertake to
• a duties, and he advanced as much as 3,000/. to
company in discounts moat of which were, however. by
in
• . It was only about this time that the plaintiff be. to
aware of the real nature and solvency of the Si
• paoy, and as he found that the company could not go ot
• • ceased to be managing director, and be was succeeded ie
. Chatteris. Sir John Shelley afterwards put in his te
- for ensue of rent, seized the plant, &C., and was I
It was believed, in possession of it, and the plaintiff a
• no idea what had become of the company. Under
• circumstances the plaintiff claimed to recover the e
l l . which he originally paid for shares. The prosper b
which gave a fiourbhiog description of the palatial P
• prospects of the company, were put in and relied wpm f
• part of the fraud. c
[The case was proceeding when oar report left.)
---
COURT OF EXCHEQUER.
,'op at Nisi Prins.—(Before Mr. Baron Marlin and
Special Juries.)
•is wu the first day of the sittings at nisi miss atter
•• The cause list contains 86 eatries, of lAA& iTa me
nets and 14 foe special juries.
THE POLICE COURTS.
(THIS DAY.)
MANSION-HOUSE.
ANOTHIR LITENsIVE LUBRULEMENT.
A very respectable-looking young man named Willies
ere A•reAur, was brought before the Lord Mayor cheered
sth embeuliog 400/. the mormys of his 'employ
sok, Winch, sad Co., tea mahouts, of RoodnasegiNa
Terme'.
lit. Humphreys conducted the prosecution ; Mr. Rim
ppeared for the prisoner.
It appeared that the prisoner was etigaeed by the pee-
. uteri in March last as their traveller at
Bnotol
• d that pert of the country, and he was to be
• • sala of 610. a ear, and watt snowed
• d deduct 50ry
t monthly. They prisoner was appointed
above stated, in the month of March. wei,
• the beginning of November he came tip to London sew
• • ught his book of accounts, and balanced those accouts
atMr. loskip, the cashier, and at this ti be adraittad
there was a balance of 1901. due to theme
Irm. wiA6b....
um he said he would pay on the following day. fill.ew
all at the comitiog-house on the next manner.
and then said that his letters had miscarried. bat be
premiered to bring the money that was due to the Pm.'
catore before banking hours on the same day. He then
went away and was not seen again, but in four days able'
wards he seat a statement of accounts, in whisk he gee
himself credit for 50/. for a months' salary is advancer
sod thee nothing more was heard of him. The
mmeoutors at once sent &ratios to the prisoner that be beet
been removed from his appoiunueot, and that a 'euthenist)
named Roxburgh bad been engaged in his place. and rid
he was not to collect any more money on scoonet we
the firm. After this pollee had been given to the
prisoner he snit • better to the preseenters es
iI which be stated that he could not face them after what
had meaner), and his not being able to make his serous*
Istraight, and he promised to pay the balance that use due be
about ten days, if the prosecutors would wait for that paw
The prosecutors, of course, would not uodertake to wer"
1 sny such arrangement with the prisoner, and Hayden. Pa'
I officer, ma seat down to Bristol with • warrants for his
the
!L.
Prehension. It appeared that the prisoner Pia
firm 120/. on account of the balance that was due from Weer
It was contended on behalf of the prisoner that it met
merely a euestioo of accounts between the podia.
The mummer wee remanded.
BOW.STREET.
A TICKET•OF•LEATIL YAW IROLSCITaO TO REPORT Rlltatif'
Witham Johnson, a omelet, who wall liberated ID mg
last upon e limbos ender the 27th and 28th Viet-, =via
Ihie original sentence bawls. to expire in April, wee