The Express.
London, England, 1853-12-13 00:00:00

111 1111. MATT= or VIII ADELAIDI CITY AND Purr

ZAILWAT COMPANY.

Mr. roller cad Hr. Suuthrate appeared la support of as
anpl,;4o, it Sy the patirieser Young, who had bees a share-
losidei,f.w an order to wiad up this company, formed for the
pulps.* of making a railway M etavralia, bat which had
press ]
Mr Wahl ar d Mr. 11o:burgh cpposed the applicetMa.
▪ petit•oa wan bawd on the asramrion that the petitioner
hid pail calls which he had a right to have reimbursed, and
that there were outstanding liabilities of the company. But
they conteridei that there was no evidence in the latter
point, mud with respect to the hest that Young bad never
paid thew calls in inch a manner as that the benefit accrued
to Ike emipaay—that he had paid to the secretary issued
ante traten, and the money bad been lost—sad in the
balance,. Wm! of the company which he had himself audited,
au mtatioa was made of the sum which he now olleged he
lad paid
The Vise-Chanceor said the dificulty was how this case
w.stol.....ettled,if not under the winiing•up act. Young had
made a rose which clearly ought to be ins, stigated, as be-
t wsen the directors and Young Le entertained no doubt.
ut tuly lifEel:ty wee as to Vie burden that might thus
le aso uric other shareholders. The court had clear
deeded, t. on. for the company bout ceased to carry on hosi-
er., ; t r oral_ question, therefore, was as to the rape-
dienty The Master bad rower to Fettle the equities be-
twee& ale the parties, and, under ail the circumstances, he
thought the o:dsr must be made as prayed.

C&fl OF QUEEN'S BE\CH.—YESTERDAY.
Ntivq. Af PIL11:11 AT GI'ILDNAI.f.::I.IOII, •Oft cAntilILLl3/1

lICTINESS or THI COL'ItT.

TLii wt.: the first day ef the sittinss for London after
trans The list contains b 3 cease., of which
21 ate ionincts, and 21 are to be trued by special juries.

UNDIII !NOEL) CAVSES.
Ti.e utidefaded Cannes having been disposed of,
Lied Campbell said there had not bean inch a long
of undifended causes fora long time. There were 14 on
11.3 paper for that day. He regretted this, bat be did :not
kanw remedy there was for it, because a party could
nit tc ,let.r.eel of the opportunity of saying be was not
Put he was glad to find thit the delay had been
very id?,,e, for in all these cues he belies-id the writ had
teen suol out within a month, so :hat there would be exe-
cution w tl.in about live weeks from the time of the cora-
soasceon ntol.tho actiono,and in:sot one of these 11 cases was
there any p-cial fraudulent plea, but simply a denial of
liability Pica. of that kind were maw abolished for ever,
nee% to U.e advancement of jxstice.
v.aviare ? GAIMETT.—TALan InPRISONMENT.

Tills wa• ma action brought to rvorrer damages for an
*Await and false imprisonment. The defendant pleaded
Chat b.! had reasonable and probable canasta believe that
the plaintiff was gut t) of felony, and bad therefore given
li:dn tato custody.
Mr. Braswell with Mr. C:aske appeared for the plaintiff,
and Mr. Serjeant Wilkins, with Mr. Lush, fur the de-
fa-Ansi

li.ii.pesred that the plaintiff is a builder, and the de-
-4t an irOlieliOner at the village of Stanmore, in
whe:e they have resithd fsr a number of Team
Oa the Vtli of Karen Lut the plaintiff went
at abut half-peat sin in the morning to the
shop of a penes ammadChasiller to parehase some nails,
bat not "WM mated he went to the defendaat's,
where Lesser asiammisi Bateman, who had bean is the

!vndass.'•sirvio.P rwr v. x ;car. .tnd who

Lim thus en._.d is.evcd L. eta bk-,r We. ur
but that be w-util :..:ag the a sits :a nhai t rr r•
; f tahoar. Hs the.. went !ciao!, 3,1 ti, rev at
r.r..isfat Scrivener ensure with the aril., to: ve.l by a
arta, rho itanteXat: ly took tins in: t rust.:! en
saarge 0,4.1!ang t! em. Siiertly alit rnar :s the poli7ear
gainsaid with the deleadan!, rho gave ti.c plsintid into
anstedy on a charge of receiving stolsa ale la The Mailia
sate remanded him. and both he and Serivenrr were sent

f :vial before Mr. S:ryastat Ad tens, who said there was no
cam ovaia.t Lam. S.irireDer was triad and ae-
eyaltel. At tie de'eminnt retused to make any
apologylor europenistion, the preient actin WAS brought.
:nese tams were praised by the eri'..nes ut the pl &iota
himself, of S.tteener, and of seven: persons whom did
I+,:atiff had ken and spoken to on the morning .ia question.
In the course of the e a•e it transpiacd that he W.S4
althoueh he had made no rasistatsee, on *hick

Cam;iN..ll remarked that handcutfip: was now
tarried to as najuststislile extent, and ought never to be
se-oiled to eve. pt where restraint was actually necessary.
Toe ea** for the defence was that the defendant having
c...ssed several articles from his shop, had caused a watch
to Itc eel upon Scrivener, who was brougt t to him iu cns•
tody as the sn •ruing in question, with the nails in his
possinesies. He thi n went to the plaintiff, who was taken
in charge 'sy the policeman, bs.t the defendant denied
that the ;olicetien had acted under his instructions. lie
bee, however, sinned the charge 'ben at the station-louse.
I:ii)ner, the policeman, corroborated the defendant's evi-
s:euct, and dtaied that the plaintiff bad been handcuffed
uutil after the magistrate had committed him for trial.
Ev.denee was a:so given is regard to some screws and
hinges found on the plaintiff's premises which the defend-
ant supposed to lie his property.
replied.
Lord Campbell summed up, telling the jury that they had
to decide whether the defendant had reasonable ground to
believe that the plaintiff had been concerned in a theft of
gozell from hi, ►hop by Scrivener. Upon an indictment for
felony the Prisoners were entitled to the benefit of any
doubt the jury might entertain, but in a case like this they
twist find the verdict according to the evidence actually
:Aid before them. There was certainly evidence to show
that Scrivener had taken goods (rem the defendant, but
l'.ey must say whether they believed it, and if so, what
inference they drew from it.
1 he jury retired, and on their return into court delivered
a verdict fur the plaintiff damages 40/.

COURT OF EXCIIEQUER.—Ti.aTERDAT.

THE EXPRESS, TUESDAY EVENING. DECEMBER 13, 1853.

fl) I,Y VA. 0.,.,14.1.*1f 64.11'111:{V.
I i;[ WILLIA4S ANL. SUNS.

This was the tivethio t•a pro.' el debts and choice e
I,ssig.stes in the C 3... ul lIu:h sou. J ha Wil-
li Hugh Will,am•, j 4.1 , describe,' as :21i0111 told
c .1113,:e6i01. •rents, Smithfield. Their hibilities
are abut asiel., between 8001. nod 9.10/. It ap-
peared from the statement of Mr. Simard, who repre.ented
several creditors, that the bankrupts, in addition to their
regular business of tailors, bad :Leta as bankers to the
amen:len in Smithfield. The cootie of business visa this :
The dealers deposited their matey as they received it with
Mears. Williams, wto gave them • cheque on their
bankers for the amount, detlactiug • small commission.
The choice et assignees was disputed. Ultimately it wu
adjourned till the neat meeting. Mr. Nicholson is the
official assignee, sod Mr. Turquand is the accountant en
gages! under the bankruptcy.

INSOLVENT DEBTORS' COURT.-YESTERDAT
lirrollll EL 001011•610ALS mums.
IN THE MATTES OF JOHN D.
This insolvent, the promoter of a publics company, whom
Cue was yesterday reported, appeared to receive the judg-
ment of the court, as pronounced on Saturday.
Mr. Commissioner Phillips had altered his mind. He
hid admitted a doubt into his mind, and the result was,
that the judgment would be under the discretionary clause,
and for tour months from the vesting order, which would
keep the insolvent about a fortnight longer in prison.
Judgment accordingly. ;

James Stvhs, licensed victualler f No. I, High Ttir.4or-
.treet was in tit. bar this m :riling at half-post 11
o'clsek talking to a gentiinsaa, when the prisoner came in
sad C tiled fora g 1 as of E. nit's which 1 ,erred him. L :
A:a me if I would have one. I told him I would rather
not as 1 was not in the 11.,hit i f drinking. Ile rem iined
it the bar a minute or two, when I sit to him I kaow
your face somewhere." 11., replied " I liee at the nip at
the next publie-house. I hese lost a large quantity of po's
and have found yon him got them ; in fact I know you
have." Upon my saying I hail not he began to call we a
thief and a varrablod, repeated that I hod got his pots and
that he could prove it. I arked him to rime
into the bar to look, or to seed for a police-
man to search the place, which he refused to
do. I then sent for a pslieeman, upon which the prisoner
took up a gin's and short d it right through my cheek. I
said to him " You are everything bet a gentleman, you bad
better ge home," when he began to break my windows in
the bar, and called me all the vagabonds he could lay his
tongue to. I told him if ha did not go out of the place I
would put him out, when he picked up a pint pot and
struck me about the head a great many times, inflicting
eight wounds on it, and then ran away. When the police-
man arrived I told him what had occurred, and Ise went and
apprehended him. I hsve been to Mr. Smith, a surgeon,
who has dewed my head, and who says the wounds are of
a dangerous nature. I have some bits of glass in one of
the wounds, which he has not been able to extract.
Crosa-exemined by Mr. U Wood—l have been in a police
court bzfure, and have been in prison once on account of
my servants robbing a gentleman. The charge was respect-
ing some chickory. I was an innocent man. I did not
strike the prisoner till after he had hit me. Directly I sent
for the policeman he "jobbed" the glass through my face.
I might have struck again. I was knocked shout. I was
once sentenced to six months imprisonment. I do not know
what I was indicted fur ; it was at the Old Dailey:
The Lord Mayor baying expressed his determination to
essaad the cue,
The solicitor for the prisoner said be should hereafter be
able to make a complete answer to the charge.
The prisoner was •emended for a week, bail being taken
for I.is appearance, himself in BW. and two sureties in 401.
each. . .

CENTRAL CRIMINAL COURT.

YMITEUDA Y.
William M'rton, a person of gentlemanly appearance,
was indicted, with another person named Frederick Rosen-
tAal for • conspiracy to obtain money by false
pretences.
The defendant Cruchley did not surrender to take his
trial, and his recognisances were consequently estreated.
During the opening speech of Mr. Ballantine, it was
stated that Cruchley, who was brought by habeas from the
Queen's Prison, was in court, in the custody of a tipetaff,
and ready to take his trial. Mr. Ballantine, however, said
that from circumstances that would probably appear in the
course of the case, he should not allow Cruchley to be
placed at present upon his trial, but should pro-eed against
the other defendant Merton only.
The learned counsel then proceeded to state the facts of
the ease,which appeared to be of rather an eztraordinary cha-
racter. The prosecutrix was the widow of the Rev. Arthur
Onslow, and a person of very good connexions, and pos-
sessed of considerable wealth, and it appeared that sine* the
transactions which were the subject of this inquiry, she had
married a gentleman named Burton, who, it came out inci-
dentally in the coarse of the ease, had born introduced to
her by Cruch ley, the person indicted in the present charge
with the defendant. It seemed that eany in the year
18.52, Cruchlry was introduced to the prosteutris, who was
at the time • widow, by a penman of her acquaintance,
named Stanbrough, and that shortly afterwards she ad-
vanced • sum of 161. to those persons, taking a bill for 201.
as security. A short time afterwards Cruchley produced
a bill for 3001., which the prosecutrix also discounted, and
before this bill arrived at maturity Cruchley told her he
bad another bill which was drawn by a person named Raw-
son upon a Mr. William Clarke Wright for 1,000/., aad he
asked the proseentrix to discount it. She observed that it
was • large sum of money, and she should not like to ad.
'ranee it unless she was satisfied that Wright was a man of
position and fortune, and in a condition to pay the amount.
Cruchley, upon this, said that Wright was a man of large
fortune, and that he resided at Whitley Court, in Northam.
bonged, and he alto said that, although he would not enter
into any negotiations relating to business with • lady per- ,
'tonally, yet that he would introduce her to a gentleman
who was a friend and neighbour of Wright, who would
satisfy:hetes to the respectability and wealth of that person.
The prosecutrix was accordingly introduced to the defea-
dant Morton at an hotel at the west-end of the town, and
she found him seated at a table on which there were • num-
ber of papers, giving him the appearance of a professional
man, and upon the prosecutrix stating what her basins*
was with him he distinctly stated that he was well ac-
quainted with Wright, and that he really was a man of
fortune, and resided at Whitley-court, Northumberland.
In consequence of those representations, the prosecutrix
consented to discount the bill, and she gave up the bill for
3001. and 6001. or 6001. in cash, receiving the 1,0001. bill
referred to. During the proceedings the prosecutrix de-
sired to see Mr. Wnght, but she was told that he was •
very particular gentleman, and that he had great objection to
have any basin-as matters with a lady. The transaction relat-
ing to the I,ooo'. bill took place in May, and in the following
month of Jane Cruchley produced another bill for 2,0001.,
drawn apparently by the same person, Wright, upon •
Colonel Balkeley, for 2,0001., and asked her to
discount it, and after • short demur on her part,
she consented, and gave up the former bill for
1,000/., and cash making up the balance. I. August,
Cruchley again communicated with bar upon the subject
of the bill for 2,0001., and suggested that it would be better
for her to have a bond from Wright bettering the amount
upon his landed property, and he said that this would be a
much better security for her to hold than the bill. The
pragmatist consented to this being dune, and a deed was
executed securinc to her the sum of 2,6001.' and upon this
bond she advanced • further sum of 4001.; Crnehley him-
self undertaking to provide the remainder. It appeared
that shortly after this the proeecutrix was anxious to have
some of her money repaid, but Cruchley put her off by
different excuses, and at length he said be had got
Wright to execute another bond for 2,7001., the additional
1001. being given as a bonus on account of her not having
been paid her interest regularly, and her consenting to wait
for her money until 1865. This second bond was accord-
ingly drawn up, and very soon afterwards it was discovered
that Wright, the pretended man of fortune, was • mere ad-
venturer who had been a bankrupt and confined in White-
cross-street Prison, and that the prosecutrix had been the
victim of a gross conspiracy. Mr. Ballantine, ia canals-
nen, said that the ease had been postponed from the last
session, and during the interval attempts had been made by
a person who acted at the police-court as the professional
adviser of Cruchley when he was under examination, to
tamper with the witnesses, and the prosecutrix had given
instructions that he should withdraw from the prosecution.
He and his learned friend were however of opinion that
• most gross fraud had been committed, and that they
should fail in their duty to the public if they allowed
it to be disisosed of, and they were therefore determined
that. the ease should proceed, and that every one of the
panne who had taken a guilty part in the matter should, so
far as laid in their power, be brought within the operation
of the law.

The Lord Mayor requested the press to acknowledge the
receipt of the following donations to the poor•boz :—From
the Court of Assistants of the Goldsmiths' Company 20/. ;
from "J. S. W." (Australis), the second half of a 51. note.
numbered 20,461 ; end from the Draper's Company, 211.,
double their usual annual subscription, " in consequence of
the dearness of provisions."

The prosecutris, a stout elderly person, apparently be-
tween .50 and 60 years of age, gave her evidence in eon-
flrmation of the statement of the learned counsel. She
said that she believed Cruchley to be • very respectable
young man, and she plated the utmost confidence in him.
She also said that with regard to the 1,0001. and the 2,0001.
bills, she certainly should not have advanced ao large a sum
of money if she had not believed the representations of the
defendant Morton that Wright was a man of wealth and
station, and it was upon this alone that she was ilUilleld to
part with her money.
In answer to questions put by Mr. Ribtoo, the prosoeu•
trix said that her object an listening to the applications of
Cruchley to discount the bills was to make the most
she could of her money, and she a 'milted that a very
considerable amount was kept back fur discount. It ap-
peared, however, that the final result of her operations
with Cruchley was that she was a loser of between five and
six thousand pounds, and that in point of fact interest,
principal, and all were entirely lost.
The prosecutrix, in re examination by Mr, Ballantine,
said that since the last session a person whom she had seen
acting as the professional adviser of Cruchley had spoken
to her in reference to that person.
By Mr. Ribton—She saw this person at a ball at Willis's-
rooms. She was not dancing, but. playing at whist. (A
laugh.) He came up to her and introduced himself.
Wright, the person alleged to have accepted the billy,
and who was bound over as • witness, was then called, but
he did not appear, and his recognisance were ordered to be
itstreated.

A number of letters that had passed between this person
and the defendant were produced, and they showed that
Wright was a person in meet indigent circumstances, and
it appeared pretty clearly that the defendant, Cruchley,
and Wright were in league together, for the purpose of
concocting fraudulent bills of exchange, in order to nem
them away fraudulently. It seemed that a certain sum of
money had heen promised to Wright as a recompense for
his share in the transaction, and that the other parties fail.
ing to fulfil their promise the result had been that at one
time he was very anxious to state all he knew upon the
subject of the proceedings between them.
The Recorder, after hearing these !Men read, expressed
an opinion that as Wright had not thought proper to
appear as a witness, be ought to be indicted, for it appeared
to ►im that be had been a most active agent in the matter.
Mr. Hollings* intimated that some proceedings would be
taken against that person.
Mr. lt,btoo, at the close of the ease for the prosecution,
contended that t►e prosecatrix had exhibited a gross want
of caution, and that the money was obtaiaed from her by
her confidence in Cruchley, rather than by any representa-
tions made by the defendant.
The Recorder then summed up, and the jury almoet im-
mediately returned a verdict of Guilty.
Cruchley was then ordered into custody, and Mr. Ballas-
ting applied to have the tri►l postponed to the next session,
in order to afford an opportunity to consider what other
steps should be taken.
Mr. Parry, who appeared for the defendant, opposed the
application, unless he was allowed to give bail.
The Recorder expressed a doubt whether, under the par-
ticular circumstances, he had the power to admit the defen-
dant to bail. He added that if he had any discretion upon
the point, after what he had heard of the nature of the
case, he should certainly not allow the defendant to be
bailed.

After some further discussion, it W 39 arranged that the
application should stand over, and in the mean time judg-
ment upon the defendant Morton was suspended.
Notice was given in the course of the day that on the
Mondays and Tuesdays of the January and February ses-
sions the court would not sit until ten o'clock.