The Express.
London, England, 1853-11-02 00:00:00

EPSOM AUTUMN MEETLNG.

The subjoined programme comprises the entries and
acceptances made laat night. The first race will be at half.
past twelve o'clock.

THUILIDAT.7THE FLAT zuccs.

MATCH (or 200 sots., h. ft., half a mile. Captain D
Lane's ch b Ephesus, 5 yrs, Oat ; Captain Price's b m Maria
Bell, 3 yrs. Tat 71b.
Firrr Soso for all ages, 2.7-0 old to carry 64 81b; three,
Bst 21b ; tour and upwards, list 71b; mares and geldings
allowed 31b. Any number of horses the property of the
same owner may run for this race. Half a mile. Vaal-
tree, 3 ps ; Rosalins, 2 yrs ; Groh, 2 yrs • Saucity, 5
yrs ; Lady Mounteagle, 2 yrs; Shipwreck, 3' yrs ; Jessa-
mine (late Laurette) 2yn ; Narcissus, 6yn ; Michaelmaa
Maid, 3_yrs; Mary, 2 yrs ; Firebrand, 2 yn ; Captain Flub,
4 yn; Pbrygia, 3 yrs ; Carlotta Orin, 2 yn ; Irian by
Sung, bred in France, 2 yrs; Valeria, by Sting, bred in
Franca, 2 yrs; Benvenuto, by The Baron, or Sting, bred in
France, 2 yn ; Determination, 2 yrs ; Cyrus, 2 yn ; Ley-
bourne, 5 yrs; Idle Oirl ; Ephesus, syn ; Arkin, 5 yra ;
The Mysterious Lady, 2 yta.
PADDOCIL STALL of 5 son. each, with 50 pet added;
3-yr.olds, Bst 91b; four, 9st 71b; flee, sin, and aged,
9st 101 o; mares and geldings allowed 31b; the winner to
be sold for 200 son., if for 150 sots. allowed 91b ; if for 100
son. 121 b ; if for 80 Kies. 161 b ; and if for 50 son 211 k;
the winner to be sold by auction, Itc. One mile and a
quarter.—Lady Sarah, 3 yrs, 501. ; Cherry, 3 yn, 50/. ;
Luminous, 3 yrs, 501. ; Madame Landau, 3 yrs, 601. ; Hya-
cinth, 4 yes, 501.; Herbert, aged, 50/. ; The Moak, 6 yrs,
601. ; Dentin, 3 yea, 501.
Eraoll AUTUMN HANDICAP OE 100 son., added to a
handicap sweepstakes of 10 son. each, h ft if declared by
9 o'clock the night before running; the winner of any han-
dicap value 200 son. including the winner's own stake,
after publication of the weights, to carry 51b, of two or
more, or of the Cambridgeshire Stakes' 71b extra; the
owner of the second hone to receive back his stake. New
Derby Course. (64 subs.)
Age et lb at lb
Little Harry .... 4 8 8 I Friday 3 610
?Unbars

Fronds 4 713 1 (lib)
Ta/b9r6 3 7 rid* David (in-
Buil 3 7 7 chiding 71b u.) 3 6
0N5949
Unity 5 7 6 Allington (h b) .. 3 510
Josvenco
Candlewick .... 6 7 0 Shropshire Lass 3 5 0
Stamford
Mon
plot
3
Tim burincx PLATE of 100 sore. (handicap) for all
ages. The winner of any race after publication of the
weights to carry 51b., or of two or more races, 101 b extra.
Any number of hones the property of the sense owner may
esa fur this plate. One mile.
Age et lb i Afe st lb
Nabob 4 1 4 Madeline
Grey Tommy.... 4 11 Sweetheart 8 612
Nominee
Potion 3 10 Good Morning .. 3 612
Father Tbanses 4 10 The Eder 3 6 10
Warwick
Wet • 4 4 Tang Norval
Poodle 4 4 George y
Fee:-pao
Lutetium 3 3I Gipsy Girl
Chilton
Dick Tamils .... 3 0I Maria Bell 3 6 4
Cheddar 3 10
Assn Sutherland 3 10
Bishard Primmer 4 10
Glenna 4 9
Charley
Tobolshi
Merriment 6 6
Antenna
Anchinlock

I lanai, ------0
8 4
' Mr. Sykes
Carybantas 7 12
°M 3avis
Marx. 3 7 7
Tamerlane
North Polo 3 6 7

NAVAL.

ADMIRALTY, Nov. 1.-APPOINTMIC4T9.-SllllOOlll
P. Toms, M D. (1834), to the Royal Gro►ga, 120, screw
steam ship at Sheerness ; and A. C. Cranford to the Prio-
ress Royal, 90, snow stasm•ehip at Portsmouth.
Paymaster J. W. P. koord (1849) to the Joao, 26, at
Chatham.

POIMMOUTII, Nov. I.—The Princess Royal, 91,
sinew steam-ship, has not gone out of harbour to-day,
owing to 60M0 alteration being necessary in the stepping_ of
her masts. She is now to go out to-morrow morning. The
Eurydice, 26, bas been brought down the harbour to-day to
he fitted for commissioning. The Diligence transport is to
be taken round to Plymouth by alms of the seamen riggers
of this dockyard.
• COURT-MaRTIAL.—A court-martial was held to.
day on board the Victory flag-ship to try Second Lieu-
tenant Alszander Tait, of the department of Royal
Marines, serving on board the St. Jean d'Acre, 101, 011 a
charge of drunkenness. The court consisted of Rear-
Admiral A. L. Cony (President), Captain 11. D. Chad',
0.8., H M.S. Excellent ; Commodore H. B. Martin, C. 8.,
H.M S. Duke of Wellington ; Captain the Hon. H. Koppel,
H.M.S. St. Jean d'Acre ; Capt. E. H. Scott, H.M.S. Nep-
tune; Capt. the Hon. F. T. Pelham, H.M.S. Blenheim;
Captain*C. Eden, H.M.S. London ; Captain G. Goldsmith,
H.M.S. Sidon; Captain H. R. Yelverton, H.M.S. Arro-
gant ; Captain P. Hutton, H.M.S. Prince Regent; Captain
the Hon. S. T. Carnegie, H.M.S. Tribune; Captain
M'Clewerty, H.M.S. Terrible ; and Mr. G. L. Greetham,
Deputy Judge Advocate of the fleet. By the evidence it
appeared that on the afternoon of the ,9th of October
Lieutenant Tait had to be assisted down the after ladder by
a *errant, and that after taking two or three steps he fell
down the remainder of the ladder on to the lower deck.
The charge was tally proved, and the court gave the sen-
tence to that effect, but in consequence of his previous good
conduct and character, and his high testimonials, " the
court did only adjudge him to be dismissed his skip, and to
loss one year's rank as second lieutenant of Royal Marines."
A second court martial was to have been held upon Mr.
Warren, clerk on bleed the same ship, on a similar charge,
but owing to Ms Mei unable to attend from illness it was
postponed.

GINGER MON BIDIA.—In consequence of the re-
presentatiene es the subject lately made by Messrs. Dun-
can %POW Gad Sew, the Treasury have notified that,
pending the sonsideration of the general state of the law
as muds w native states of India, all ginger which
has bees ingorted from those states on the faith of being
sanded at del/ of lee shillings per cert., as well u that
wig& lb are mite web le to be delivered on payment of
Shot Mo.

gab, fittelligence.

COURT OF BANICRUPTCY.-YE3TLIDAY.
IMPOII al. COMMtlikool.l NOLIIOID.
1$ MC KO} KT LAMHILL.

This wu the certi:ie►te meeting. Inc ba•hrupt wu •
draper, of the I)over•road. Hie debts amounted to 1,3641.;
masts ►bout 1.301. . .

Mr. Lawrence supportel the bankrupt.
Mr. A. Turner, for Messrs. Cooke and Son, the assignees,
who were creditors for 1.81., appeared to oppose, and com-
plained that while the bankrupt's profits from April 1851
to May 1863, had been only 2461., the louses were 941.;
tea le expense', 4491. ; domestic, 3281. The next charge
against the bankrupt was that he had brought himself
within she 253rd and 256th section of the Bankrupt Law
Consolidation Act, by having obtained goods for the pur-
pose of disposing of them in other than the ordinary way of
his business. The bankrupt bad been in the habit during
the last twelve months of purchasing goods from various
wholesale houses, including Metiers. Cooke and Son and
Messrs. Llewelleri, and immediately he received them the
greater portion were sent to Mr. Burton, an auctioneer, to
be sold by suet ion. A parcel of goods purchased on the 16th
of February, 18-13, were sent to Mr. Burton, and sold on
the 18th of the same month at • loss of SI. 9s. Bd. The very
time of year was sufficient to quiet suspicion, it being
!bought that he required the g00..s for the spring sales.
He had purchased goods to the extent of 1061., and in an
examination the bankrupt admitted that about 201. worth
of them might have gone into his business, the remainder
of them being sent to Mr. Burton, to be sold for what they
would fetch. He (Mr. Turner) went through the accounts
to show that the bankrupt had been io the habit of con-
tinually buying goods of different parties and selling them
immediately by auction at a loos, the sellers being assured
that they were to be disposed of over the bankrupt's
counter in the usual course of trade. Upon being asked
for the invoices of goods he (bankrupt) had admitted that
they were destroyed.
The bankrupt deposed that he commenced business in
1849, with a capital of 3801. He continued the business
in the Dover-road, without taking stock till 18.51, when he
removed to Eaton-place, where• be extended his business.
Did not rteullect having stated his capital to be 6001. He
could not tell the amount of his purchases within the last
twelve months, and previous to dealing with Burton he
was in the habit of attending sale., but there were no en-
tries respecting them in the books. He thought the in-
voices of the goods sent to Burton were destroyed. Had
been in the habit of sending goods to Burton which had
been sold at a loss. The oods he did not require in stock
were sent to Burton. lie bought 1471. worth of goods of
Messrs. Cooke, some of which were to go to stock, and some
to Mr. Burton. They were purchased with that intention.
Did not acquaint Messrs. Cooke of his intention to do so.
The goods used to be taken into a parlour at the back of the
shop, the bulk broken, some put to stock, and the others
seat to Mr. Burton ; they went through a side door.
Mr. Turner—At the time of making these purchases did
you not knew that you did not require the goods in your
trade ?
Bankrupt—Not the whole of them. Burton never gave
him instructions to destroy his invoices. He had paid SOL
for discounts in two years, the greater part for the dis-
count of accommodation bill.

.....
By Mr. Lawrence—Had been bankrupt or insol-
vent before. lie thought he should get through hie tempo-
rary want of money when he went to Burton's, as he ex-
pected a little property from an aunt. The only invoice
that Burton gave was the usual small memorandum given
by auctioneers. Burton used to make advances before the
goods were sold,wben he required them; be used to attend
the sales himself, in order to prevent the goods being sacri-
Aced. During two years and one month his returns were
a little more than 4,0001.
Mr. Lawrence submitted that the bankrupt had been un-
fortunate, in being tempted to pursue a come of business
held out by a mischievous class ; that he was a young man,
and that a moderate suspension would meet the justice of
the case. lie (Mr. Lawrence) submitted that there was no
proof that the bankrupt bad made use of any false pretence
in obtaining the goods, or that he had contemplated fraud
1 at the time.

His Honour said that in this case It bad been very pro-
perly admitted that there was nothing to justify the reckless
and improvident trading of the bankrupt, as well as his
mode of dealing with the goods of Messrs. Cooke and Co.,
Meson. Ryland, Messrs. Llewellen, and Messrs. Shipper-
son. It appeared to his honour that those purchases, or the
greater portion of them were made; not really to be dealt with
as stock in his (bankrupt's) trade, but for the expresspur-
pose of raising money on them by sale by auction. That
was admitted by the bankrupt. No matter as to what had
been said about other cases, he (the Commissioner) thositht
this bankrupt, though a young man, quite old enough to
know right from wrong, and the difference between
fraudulent and straightforward and honest dealing. It
was enough for him to say that a man who had been in
business for six years, and who had ter a considerable time
carried on a (air and honest business, paying everybody,
and then afterwards departed from that fair trading, and
pursued a fraudulent one, deserved, and the ends of justice
demanded, that he should be visited by the court in the
way stated in the act of parliament. The court was not
sure that it was necessary to decide as to whether the Cllll4l
should be decided. by which of the two sections that had
been referred (the 2.%th and 263rd), and then came the
question as to whether it could be said that the mode in
which these debts had been contracted was fraudulent, or
by false pretences, or whether it was necessary to show the
fraudulent pretence made, or that some device or
trick was made. It was not necessary that the whole
of a trader's goods should be embarked in a systematic
mode of being disposed of by auction, as in this matter. It
had been stated ea being favourable to the bankrupt, that
be had gone to Mr. Burton to save the goods ; but that
could sot he se, as the goods were continually sold at a loss.
In this ease it must be remembered that the bankrupt's
trading was a very mall one, and he admitted having pur-
chased these goods for the purpose of being disposed of by
Mr. Burton by auction. However meek one Mee regret
passing a most severe sentence upon a young man, and one
which might be said to mar all his provosts In life--a most
severe punishment—yet the interest of the FAH.) at large
must be considered. It appeared to the learned Cemmia.
sioner that, under the circumstances of this eau. be was
bound, with the view of putting a stop to this mode of
trading, to refuse the certificate altogether.
Protection for 21 days granted.

INSOLVENT DEBTORS' COURT.-VISTERDAT.
The sittings of the courts were restated after the long
vacation.

MOM env 001011111101,11 Z LAW.
IN THI MATSUI OF JOSEPH STAIIIIIII.

The originator of the Wednesdays' Concerts at Exeter-
ball was appointed to be heard to-day. lie applied for an
adjournment, with the view of settling with Isis creditors.
The case was adjourned for a month, and Mr. Etta:amen
allowed to remaia ea Intl.

MIDDLESEX SESSIONS.—YrarraDAT.
BATOZA a 1121MAITT LOANS. AAWITIONT MOB, AT TAB OVILDNALL,
To-day was appointed for the hearing of appeals. There
were le all 83 entered for hearing, thus classified :—Parish
appeals, 43; appeals against rates, 3t; for judgment, 2;
and against convictions by magistrates, 2. The railway
rate eases went over again, pending a decision of the Court
of Queen's Bench, and several stood over for hearing. Mr.
Witham presided in the second court, and tried the
criminal cals.

Richard Hicks, 47, stated to be a captain in the Queen's
Yeomanry in Ireland, was indicted for having fraudulently
obtained by false pretences, from Thomas Weeny Staple-
ton, the cam of 91. 10s., and also the sum of 161., with in-
tent to cheat and dideand him of the same. Also for ob.
Miming by like means, and with the like intent, an um-
brella, value 145., and 61. Be. in money; sad from Lewis
Baatual a 'solaces cane, value 305., and 31.85. in money.
Before the jury were swim,
Mr. P.M, who appeared for the defendant, applied for
a peepeasment of the ease, on the ground that the &-
f elium was seetnitted only on Saturday, and it had been
=sssiblo I=lp the defence in the abort tints which
MVallent explained to the court that the Assistant
Judie laid the trial to come on at that time, when the
ebsamitielleee won mentioned the day before, and it would
limy nosh lassaiesiesee him if any postponement took
ph**.
Mr. Witham masulted Mr. Serjeant Adams in the other
court, and on his return stated that the case bad been fixed
for ten o'clock, and it must come on.

Mr. Parry said this was just what he expected the
Assistant Judge would say, and his client should prepare
an affidavit, embodying all the circumstances of the matter,
to lay the fouadation for a future conaideration. He con-
sidered this an act of gross injustice, and should say so
just the same if the Assistant Judge were present, and he
should deliberately advise the defendant as his counsel,
considering it a most unfair thing that the trial should be
forced on, not to say a single syllable, or to put a single
question to the witnesses, but let the jury deal with the
case just as they chose. In his opinion it was a highly
scandalous proceeding.
Mr. Witham admitted that there was *strong prima facie
case for the adjournment of the trial, but there were also
I very strong reasons why it should go on, as there was a
witness from Ireland who wished to return directly.
Mr. Stapleton said he should not object to a postpone-
' meat until the next session.

The witness from Ireland, the barrack-muter at Neagh,
said this would be most inconvenient to him.
The case then proceeded.
Thomas Walley Stapleton—lam a wine merchant, and
live in King-street, Regent street. About the sth sr lith
of September, the prisoner called on me, and asked me to
cash a cheque for him, dtawn upon the Bank of Ireland,
Dublin. I said to him that, during my absence at Bor-
deaux, I understood my clerk had already cashed two
cheques for him, and that it was not a usual thing to change
cheques in that way, and I was not in the habit of doing it,
and would rather not comply with the request. He assured
me that it was all perfectly correct, and that the cheques
would be duly paid; and I asked him if they were drawn
by himself, to which he replied that they were not, but
that they were drawn in his &roar by his cousin, who was
barrack-master at Nesagh. I subsequently told my clerk
to give him the 91. 10s. I paid that cheque away, and
it went through Barelay's to Ireland, and came back
marked " not sufficient funds." In my absence my clerk had
paid two cheques, but they are not connected with this in-
dictment. This was in August, and as I have not heard
anything further of them, I suppose they are all right. A
lady afterwanle called with a cheque for 161., and a note
from Captain Hicks, requesting me to change it. I
changed these cheques solely on *as conditions—that they
wise those of the borrsek-loostor at Nosy*. Os this coca-