The Express.
London, England, 1851-10-07 00:00:00

UNIVEILSITY AND CLERICAL.

CoLTEGE, ItinuiNiar.tx.— Yesterday
a meeting, whirls was numerously and influentially at-
tenekTh was hi hi in the Town-hall, on the oceasion of the
presentation by the Queen of her Majesty's portrait to the
Institution, and the distribution of prin.. to The students.
In the Or the tiohle principal of the college, Lord
Lyttelton, the lit v. Chancellor Law, one of the vice prinei•
pals, presided; awl there were also present the Mayor of
Birmingham, and several member" of the corporation, the
Anlideacon of Coventry, and many of the clergy. The
per. chairmen traecol the pnainsa of the institution (ruin its
bring nu rely a hisil of medicine anti surgery to its pre-
sent iseition, with proles.onThipa of clu•mistry, law, theo-
kilo, engineering. &r., stating also that application was
being made t.. h, r Majesty for a supplemental charter, to
embrace ilevartru, ate nen•ssory fur a finished education.
The repro,. of the coned for the past year was must grati-
fying. (In the motion of the Mayor, seconded by the vent-
fable awhile icon, an adilreoi of thank. was voted to
her Majesty fur the presentation of her portrait,
which we may oliverie is a three-quarter, a copy
of Winterhalter's picture in Buckingham Palace.
The following prise. were then distributed :—Wierne-
fool medals, Bank., Franks; Waniefunl scholar-
ship., Waller, Webb; governors' gold medal*, Russell,
Rowland ; wanlen'a senior Theological prize, Oakes; medal
in anatoniy. It ; certificate in anatomy, Coleman;
no dal in ...Ina ry, Webb; certificate in surgery, ;
certificate practice of physic, nspciles, Banks, John Smith;
medal in forensic medicine Franks ; medal in midwifery
cite% Web), ; o unit mead in midwifery clam, l'erry ;
certificate, of honour, Stillman; medal in tnateria mediea,
Hares; enTheate in mat, ria medics, Franks; medal,
Moan", Barris; medals in chemistry, aquae's, Franks
Wilkinson; certiheate, Cantrell; book, demonstrations,
Frank, ; law professor's prise, Stickling ;
classical prise, Froysell ; vice-principal's mathematical
Smith; Tie prilreirarl prize,
il Froysell ; w11C11.6 junior theological prize, Bond; Pierey
German prise, Arden, De )diser,: ; senior tutor's prise,
Bond. mathematical tutor's prise, Smith; medical tutor's
prize, senior elm% Anten ; ditto, junior elan, Bond • draw-
ing lei:v. Arden ; jr, Lich master's prise, tint ebbs:, Mall;
ditto• second class. John Davies. Matriculation Certificates
of the London rally. Ellaatiltilien for honours :
Second place in chemistry, Bond ; sixth place in chemistry,
liVolston ; first place in •Bond; second plate ID
2001.41‘ • W•doton. First clam: aster, Ibmd, Smith, Vol-'
stop, Second clam: Tenor, Coleman, Turner,
Stedman, T. Davis. John Davies, Down.

ker. T. D. Cony, Vicar of ruckl,..huuh, to an honorary
ranoary in Bristol Cathedral; patron, Didsop of Gloucester
aad Bristol.

....
H P. Gurney to Tregony. with Cuby lira:age
Cornwall ; value, ; palmy J. Guritcy, Ent.
H.. U. 11. Nlat.h to One lasting rectory, with Thurs-
ton' vie:nag,. Nort.lk • valor 1044 f. with minknot ; patron,
at. Collt gi.,
Hew. C. Waltars to Wonlington perpetual eurscy, On-
totilsbire ; patron, Bishop of Osford.

VACANt II P.
Th.• rectorship of St. fitle.'s in the Fields is inseam by
the de•case of the Res. Dr. Tyler. much took place at bu
residence in Bedforthninare yesterday morning.
The Ceensge of litaltsley, Northamptonshire, is aiso
rendered vacant by the death, on Friday last, of the late
vicar. the It, v. Thomas Burnaby, domestic chaplain to the
blarunis of Anglesey.

COURT OF BANKRUPTCY.--YvvreaDAT.
bey .es Ma. C“smpanstin Bourse.
Iv itt' Itteisywbavtilre.
This was the certificate insetting is the case of W. S.
Yerryweather, described as a brie:maker, of West !lam.
TM sheet, extending ovey Aye years prior to the
26e1 of Deeember last, showed • sum of 3,5141. due to
creditors, with 1,8231. of liabilities. The good debts were
ma doers at 621. ; doubtful ditto, 1,735/. ; property, none.
There was no entry of profit', but a sum of 13,4901. had
been advanced the bankrupt ba the members of his family.
The losses were put down at I,oaal. ; expenses, 13,63'21.
Mr. ltaw, for the assignees, offered no opposition.
Mr. Cooke appeared for the bankrupt.
Mr. Stafford, who appeared for Mr. It. Salmon, auc-
tioneer and estate agent, of Bucklersbury, • judgment
creditor, asked for an adjournment of the certificate meet-
ing on the ground that • petition had been presented
which was to be heard on Thursday, asking that the pro-
ceedings should be annulled. Under these circumstances it
would be • waste of time to go into the facts of the case.
The bankrupt was it present in custody, and were his
certificate granted he might get out of the reach of his
creditors. It had always been the old practice to delay •
certificate when a petition was lodged. It might be said the
petition came somewhat late, but there was nothing to pre-
vent it taking effect.
Mr. Cooke said the justice of the case required an im-
mediate hearing. Mr. Merryweather had been made a
bankrupt on the Ist of January, had been frequently before
the court, and bad been all through most vigorously opposed.
If the creditor waited to prevent such • petition as this, he
ought to have dune so long ago. It had only been served
on the bankrupt at six o cluck on Saturday evening, and
was full of statements that could not be maintained. It
questioned the petitioning creditor's debt and the trading
which had been establi.htd lonic ago. The bankrupt had
been in custala more than 2i years—enough to gunny any
vindictive feeling—not at the suit of Mr. Stafford's client,
but of the executor' of Mr. Turner.
Mr. lishe, on behalf of Mr. Turner's executors, said be
should not interfere in the question of adjournment.
His Honour thought, after the lapse of time since the
bankruptcy before this petition was presented, the bankrupt
was entitled to base his case heard.
Mr. Fahe said be appeared to oppose fur the executors of
Mr. Turner, the detaining creditor..
Mr. Cooke submitted that Mr. Ease could not be heard,
his clients not having proved.
Mr. lishe contended that a creditor who held the bank-
rupt in custody, and whose execution might Inc defeated by
the certificate, woe entitled to be heard, though he might
not have proved hie debt.
His Honour held that a creditor who was proceeding
against a bankrupt elsewhere could not take any step under
the bankruptcy. If the detaining creditors chow to ',rave
their debt, the bankrupt would be released; but they might
take him again under the judgment of that court. As the
bankrupt had been in custody so long, probably this would
be the best course.
Mr. Stafford said he opposed for Mr. Salmon, on the
ground that the bankrupt bad allowed • fictitious debt to
be proved against the estate, by which he was disentitled to
a certificate it all. There were other general
that he had never been a hone hue trader, and Cu=
kept books as such. The alleged trading had terminated M
1847, and he had been brought before this court bis
bon in Va. The bankrupt had expended •
income, and had, notwithstanding, contracted a
with Mr. salmon on Law pretences, and had made a velum
tious defence to the action at hit' suit. lie now caine beffiree
the court without a farthing of aseets• lie debited himself
with • capital of 3,1001. in his first balance-sheet. An ad-
journment for a month was ordered; and he then debited
Ininstil with • sum of 14010/. and upwards, of which his
list statement gave no account whatever. These sums
were said to have been advanced by his children from their
independent property ; but it was very difficult to see how
• debt of laso/. to one of his suns could be sustained. In
1819, having Tarnished his mansion at a great cost, he exe-
cuted au assignment of that property to three of hie child-
ren, to whom he alleged he was indebted. Twelve months
before that period a verdict for 1,18101. had been obtolued
against him. In Ilel9 he applied to Mr. Salmon, as • gen-
tleman of landed property, for plans fur the improvement
of bin estate at Wait Hein. lie commenced brickmakiog,
to supply materials, having no money, for the erections he
contemplated. Ile sought to let the land on build*
leases, and offered to supply bricks en credit. Failing in
that bject, end having a quantity of bricks made, he less
obliged to disuse of them ; and such was the act of trod*
in this ease. It was clear, from his own statement, that he
hod given no security to the members of his family at Use
time the alleged advances were made, and that the pay-
ments of interest were very casual. By the *Mist section of
the Ilaukruptey Law Cousolidation Act • bankrupt was
disdained to his certificate who allowed a fictitious debt to
be proved ; and this debt, if not wholly fictitious, woe so as
to the amount of 1401., the sum charged for interest, than
clearly being none due ; for the 180th section reillaired •
written instrument or • demand for payment of the debt
to justify the proof of a sum fur interest. It might In
mid the amount of debts proved was immaterial, there net
being a farthing of assets, and on that ground alone these
was the utmost reason for questioning the bona fide charac-
ter of the whole proceeding. At the choice meeting only
three &his were proved—that of the petitioning creditor,
one of his ens; another that of Mr. Itobinson, a banker,
of Croydon, who proved one joint note of the bankrupt and
hi, son. Now, as the sons were sill persons of independent
property, it was incredible that that debt should not have
been waded. unless indeed it had been kept alive for the
purposes of this bankruptcy ; for Mr. Robinson was made
trade amignee, and had eleuhtlem been indemnified against
any tape lice tip the memode of the family. Another charge
was that the bankrupt had come b fore the
court in a name different from that of his son, the petitioning
creditor, who took the name of his maternal grandfether.
That gentleman hail bequeathed the whole of his property
to the haakrupt's children, passing him over, and directing
that they should take his name. This had been done by
Mr. 'turner, the barrister, who had on his dour in
t'hancery-lane, " Mr. Merryweather Turner." When the
petition was presented, the attention of the court had been
withdrawn tram the fact that the petitioning creditor was
a relative, by the name appearing as Marcus Robert urner.
The bankrupt hail been in prison long before this bank-
ruptcy took place ; in fact, he was said to be one who was
determined to rut in gaol. The third debt proved at the
choice meeting was that of a email ironmonger, for N. or
tli.; and the only debt proved since was that of Mr: 84-
mon. who had been obliged to prove in enter to ins eatigats
the affairs of this most iniquitous bankruptcy. But fur hie
opposition, the bankrupt would have paned on the account'
he first tiled, from which about 10,0001. of receipts were
omitted. Since he had been in prison he had been in the
receipt of large sums of money, and had been in the habit
of drawine cheques on his banker. It was alleged that his
personal expenditure in the prison had only been N. a
week ; but it was difficult to sec how he could legally spend
that sum, with the present regulations of the Queen's
lleach. It was not until Mr. Salmon bad presented a peti-
tion to the Insolvent De bton' Court, that the bankrupt mad
Wm sea had set about institutinget:lewproceedings in this
emit. The inference from this was pable. The bank-
rupt's hanly had an income of 1, . ; and the certificate,
if granted, ought to be accompanied with conditions fee
the payment of a portion of this sum to the creditors.
Mr. Salmon deposed that he was an auctioneer sad
estate agent. The bankrupt applied to hint in 1818, stating
that be had land adapted for building purposes, and as
questing witness to survey, draw plans, and advertise he
him. lie represented himself as the proprietor of the
estates—not the agent of another party. lie first said he
Could advance motley, and then offered to supply bricks kit
building. Soon after witness delivered him his account he
was in prison. An action was brought against him, whiel
was compnininied. and a judge's order given for an amount,
of which above 50/. was for costs. The bankrupt had not
paid • shilling of this. Had been at his residence at
Woodcuts., which was fit fora man of large property.
Bankrupt said he had very extessive land near his rest-
deuce at Woodcote, which be wished to be devoted fur
building purposes, is well as that at West Ham. He showed
witness over the grounds at Wexideote, and was in two of
the rooms at the house.
The bankrupt was then examined. He deposed—The
name of my son, the petitioning creditor, is Marcus Wm
Turner. Ilia name was Marcus Win. Merryweather before
he took the name of Turner. My other son, Montagu, has
taken the name of Turner.
Mr. Cooke said that the act of parliament by which the
sans took the name of Turner authorised them to use that
surname only.
Frank Russell, a clerk of Mr. Stafford's, proved that Mr.
Turner had on his door, iu Chancery-lane, a M. Merry-
weather Turner."
Bankrupt examined by Mr. Cooke—His wife's father
died in 1829, and he and his wife bad since disputed the
validity of the will. One of the executors was Mr. John
Turner, the Creditor at whose suit he had been so long in
custody. Bankrupt had published an account of the eir-
awnstances, fur which he was indicted as a libel. lie in-
dieted Mr. Turner fur perjury, and • bill was found against
' him, but afterwards an agreement was come to that he
I should withdraw from the prosecution, and Mr. Turner
I was acquitted. Six weeks afterwards he was arrested
at the suit of Mr. Turner, which was contrary to the
good faith of the agreement. Had been in prison at his
suit, and since his death at the suit of his executors, nearly
two years and • half. Proceedings in Chancery were in-
stituted respecting the property at West Ham ; its son was
appointed receiver, and he took a lease from him for the
pupae of making' bricks. His son, &dies under the au-
thority of the act refered to, wishd to le the whole on
buildina leases. Mr.r Salmon wase writtent to by his son
Montagu, and answered that he should make no charge,
except fur advertisements, unless the land was let. After-
wards he and Montagu waited on Mr. Salmon, who spoke
I of pereous likely to take the laud. Mr. Salmon proposed
I that a phut should be made, and he made one. He first
made a claim against witness in the latter part of 1848 and
sent in a bill for nearly 200!. Did not recollect ever de-
siring the accouat to be sent in to his son. The advertise-
ments only came to 41. or 51. None of the land was let.
An action was brought by Mr. Salmon, which he de-
fended. The principal part of the sum was in respect
of land belonging to Miss Wartell. Since he had been
in gaol his children had offered all the creditors, in-
cluding Mr. ellialol2, 5.. in the pound. Only 40!. of
his whole think was due. Witness's eon had proved
against hie anew for 2,6001. The petition had not been
Sid at his (bealmaga's) request; he had done all he could
Se wire's* it. or Ids sea would have done it long aefore.
The 7/100117 1M banker's was not his; be was allowed by
his aledres to draw as much as he wanted while in prison.
Ms hal tots X Ms children always with him. His wife had
em anal* Inds, the will, which she had vendee& The
Mfr Ode had bare spoken of appeared Rath larger

Mr. T. Parkes,a solicitor, ;a; 1;;;Ight before Sir Bo-
bert W. Carden upon the charge of having obtained ;la
under false pretences.
Mr. M. Mayers of No. 23, Great Queen-street, Lincoln's-
inn•fields, plate glans factor, said, "In addition to my trade
I occasionally discount bills. On the Ist of July, at about
five o'clock in the afternoon, my servant brought to me a
card of Mr. Barnard, cashier of the British Bank, and
stated that the gentleman who had brought it was below
stairs. I directed that he should be shown up stairs, and
accordingly the defendant made his appearance. He pro-
duced to me three bills of exchange drawn by himself upon
different parties, one for 120/., another for 401., and the
third for 301., and he wished mu to discount them
at once for him. I told him I never discounted
a bill for a party of whom I knew nothing, and
then he said that was the reason he brought Mr.
Barnard's card. I said that Mr. Barnard's card was
of no use to me unless the indorsement of somebody with
whom I had some acquaintance was upon the hills. lie
pressed me very much to discount the balls. Upon looking
at them again I found that I knew one of the acceptors, and
I said to the defendant, that I had had the bill of that acceptor
for half the amount of that (tM) for which the bill I
alluded to was drawn ; that !experienced some difficulty in
getting the money, and that if the other acceptors were like
him, 1 would not have anything to do with them. Ile said
that he came fully prepared for that, and that he would
give me another person's indorsement, or the indorsement
of Mr. Barnard himself, either, or both. The first party
to whom he alluded held, he said, a large account at the
British Bank. hold him that 1 would name the circum-
stance to Mr. Barnard on the morrow when I went to the
British Bank. He said that would not suit him as he wanted
the money that night. We agreed then to this. He said that
Mr. Barnard was waiting beyond his banking hour that
night expecting us to come down, as he (Mr. Barnard)
knew that he wanted the money that evening to pay some
vtoqiehrevaLcoirtiw.lio. of'resthren idaarfs';* calmeagrwetctoh was
ieeni
im
at the British Bank in half an hour from that time. He
then left me for Gray's-inn.square in order to get the
gentleman who was to indorse the hills to accompany
him to the bank, and I took a cab and went to the
bank, where 1 learned that Mr. Barnard was not within,
and that it was not likely that he would return.
A few minutes afterwards the defendant came alone, and
said the gentleman for whom he had been looking was
from home; and I then said, as Mr. Barnard was out
I should be prevented from doing business with him. Ile
still pressed me, as the money was wanted that evening,
and he washed me to lend him 100!. upon the bills. I de-
clined to do so, upon which he took from his pocket some
Limekiln shares, and wished to deposit them with me as
collateral security till next day, when he would obtain the
indorsement. I did not like doing business in such a hurry,
but he insured me that Mr. Barnard told him he would
lend him the money if be was not so short, he had so much
confidence in him. Ho then made a calculation on paper,
and s.id 601. would suit him till next day; that 301. odd
was for Serjeant Wilkins's fee; that 121. would be peeve
sari for the junior counsels' fees; and that they must
be paid that evening, or the necessary interview
could not be had, and he might be some thou-
sands out of pocket on a heavy cause, which was to
be tried at Guildhall, that or the next day being the first
day of the sittings. Upon the distinct understanding that
1 was to have the indorsements next day, I consented to
discount the 190/. worth of bills, which were three months'
bills, for 10/. 1 said that was a larger discount than I was
in the habit of taking, but I took the offer, which was his
own, as the money was of so much consequence. I gave
him two cheques, which I signed at his request—the one
for 121. plc., the other for 371. 91. His indorsement was
on the back of each. When I gave him the money he be-
gan to make calculations as to meeting me next day, and
he requested that as he had so many appointments to keep,
I would give him till Thursday morning, anal I agreed to
do so.

Sir Robert W. Carden—l think you have put yourself out
of court, and that there is no ease against the defendant
which conies under my jurisdiction as a magistrate.
The Complainant—l have been looking for him in vain
these two mouth., and I can, if you postpone the ease, pro-
duce evidence that would satisfy any man's mind as to the
transaction, but this is the white fast of the Jews, and I can-
not get together the witnesses.
The attorney for the defendant submitted that the charge
was a gross attempt to use the criminal law for the purpose
of obtaining a civil claim, and said that the defendant was
a professional gentleman of respectability, and that he had
been in confinement since Saturday, upon the mere state-
ment of the prosecutor, who had thus most unwarrantably
infringed the liberty of the subject.
Sir R. W. Carden said he wished to ask Mr. Barnard a
few questions.
Mr. J. A. L. Barnard (examined) said—l am chief
cashier of the British Bank. The defendant was autho-
rised to use my canto( introduction to Mr. Mayer. I was
aware that the o.efendant wished to get the bills discounted.
lie came to me to the bank to do them. I declined, as he
bad nut any discount account at the bank. I have known
him long. He and I were brought up together at the Blue-
coat School. He expressed great urgency with respect to
the bills, and asked me if I knew any one who would dis-
count them. I said one of my customers discounts bills,
sod my card will give you an introduction to him, and it
will be fur him to say how far it suits his busiacm to do
what you require.
The Complainant—There is a false pretence in the pro-
ceedings of the defendant evidently.
The defendant's attorney said that be had a full answer
to the whole of the statement, that his client was never out
of the way, and that he would be ready to meet the charge
anywhere.
Sir Robert W. Carden—This appears to me to be a pro-
mise for future conduct upon the part of the defendant,
and not a false pretence ; and it has been laid down in the
text books that a pretence must refer to an existing fact,
upon which fact the complainant must part with his money.
But this is a promise that he will do an act at a future time,
which net be has not pertormed, and therefore it does not
come within the meaning of the statute. The complainant
still has a remedy in a civil court.
The complaint was then dismissed.
GUILDHALL.
William Hamilton and CotAerine Peton were charged
with felony under the following circumstances ;
John Newby said—l keep the Grapes public-house at
88, Fore-street, Cripplegate. The prisoner Hamilton was I
my barman for about three weeks. Circumstances came
to my knowledge which elicited my suspicions, and I
watched him. On Saturday last, about 8 o'clock in the even-
ing, I saw the prisoner Nina come in, and Hamilton serve
her with half-a-quartern of rum. She gave him a four-
penny piece, mad he gave her a handful of money from the
till, which afterwards found he had completelmptied.
There was about fifteen shillings in the till when Petou
came in, for I had put the money is the till about tea
minutes previously. Peton then west sway, but returned
again at 9or 10 o'clock. Hamilton served her with a
quartern of gin for which elm paid him with a 6d. He then
took from the till a handful of ulcer and copper money,
and put it into Peton's hand, which I sprang forward and
seized as she was in the act of withdrawing it oven this
counter. I held her until I could send fora politest's',
and ea soon se one wind she threw the money into the bee.