The Express.
London, England, 1851-12-16 00:00:00

NAVAL

ILatn Intelligence.

EQUITY COURTS.—YESTERDAT.
arrnwros 1+ I xscautlrms. Mcrota TEL bin CI INC*
Ex PAWL DVSS, IN EE B01,01:011 OP ST. MAUTLEMONE

JOINIISTOPIL BANKING COMPANY.
The argument in this ease, briefly mentioned in the
Far ns of Tuesday, was resumed yesterday. In 1836
Mr. Beak was a director in the then proposed banking com-
pany, and paid • deposit on • certain amount of shares.
He was active in promoting the scheme, hut, disagreeing
with his codirector', he retired. His retirement took plan
after the deed wu dated, but before it was executed by Oar
person. The advertisement of his retirement, however, was
not published until after the execution of the deed. He
subsequently received, back his depoit, and four years after-
ward, the company was broken up and the scheme aban-
doned. Muter Xindersley, in proceedings under the
Winding-up Acts, placed Mr. Busk's name on the bst of
contributories in respect of 50 shares, but on appeal to Vice-
Chancellor Knight Bruce his Honour held that Mr. Busk
ought not to be placed on the li,t.
The argument was not concluded at the rising of the
court, and we emsequently po•tpone our report of the case.

Beene VIrMCIII•CtUAS vie R. Rivosaeurv.
IT RE THE WoLVERHAMPoN, CHESTER, AND ISTEEZN.
READ JelvCrioN RAILWAY COMPANY—MI PASTE ROL.
RoTD AND INGHATI.—WINDING•VP ACTS.—LIABILITY
Or CoNTRIBUTORIRS.
This was a motion on behalf of Mr. Ilolroyd and Mr.
Ingham, that their names might be diicharged from the list
of contributories to the abase company, under the following
circumstances. These gentlemen had originally been placed
upon the list, on the ground that they had been provisional
committeemen. This was previous to the decisious in
Cottle's ease anti Upfill's ease, when it was decided that to
make a person liable as a contributory, it was necessary to
prove not only that be had been a provisional committee-
man, but also that he bad accepted shares in the cora-
-1 pany. After the effect of these two decisions had be-
come known, nn application was made to the Master
(when he was about to make a call upon the contributories)
to review his report with respect to those gentlemen who
had merely been placed on the list on accout.t of their
being provisional .ommittermen. The Master refused to
review his report, but had suspended the order for a call
until a motion should have been made to the court upon
the subject. An application was then an ide to Lord Gran-
worth for leave to appeal from the decision of the blaster.
His lordship upon that occasion gave leave to appeal, but
put Mr. Holroyd upon an undertaking not to adopt any
proceedings for obtaining repayment of a rum of 1201.
paid by him, as he alleged, for the sake of peace, and not
on the ground eat his being liable to contribute that amount
towards the expenses of the company.
Mr. Holt and Mr. Selwyn now moved that the names of
these two gentlemen should be taken out of the list of con-
tributories, and contended that the authorities had clearly
established' that unless a provisional committeeman had I
actually accepted shares he could not be made liable as a
contributory.
Mr. Bethel' and Mr. Roxburgh, for the official assignee
of the company, contended that there was no evidence now
before the court upon which it could form an opinion as to
the merits of the case. When the affairs of the company
were being wound up by the Master, it had been decided
by the Vice-Chancellor that being a provisional committee-
man was sufficient to make a person liable ' • consequently
the Master had refused to hear any further evidence.
There were affidavits since filed in this case to show that
these gentlemen bad also accepted shares, hut the case
ought to be gent hack to the Master to decide whether
there was sufficient evidence now to make them contri-
butories upon the law, as at present established by the
authorities.
The Vice-Chancellor said he was clearly of opinion that
upon these winding-up acts it was not meant that the court
should in any ease decide in the first instance, but
only by way of appeal from the Master's find-
ing. In this case it was clear that the Master had
come to the conclusion that Mr. Holroyd and Mr. Ingham
should be included in the list of contributories upon the law
as it stood at that time. Subsequent decisions had, how- I
ever, altered the view then taken of the law, and it was
therefore necessary that the Master should review his report.
The only question in his mind was whether he ought now
to direct the names of these gentlemen to be erased from
the list without prejudice to any future application to the
Master, or whether he ought to make an order directing the
Master to review his report. Under all the circumstances,
his opinion was, that the best course would he to order these
gentlemen's names to he struck out of the list without pre-
k Wicee to any appliestiou to he made to the Master to put
their names on again upon further evidence being orodueed
before him to show that, under the present construction of
the law, they ought to be made contributories.
A motion was then made on behalf of Mr. Holrord that
Use order fur a call made by the Master might discharged.

ADMIRALTY, DEC. 16.—APPOINTMENT.—Acting•
Assiutant Sunman F. Ilardinge, to Tortoise.
PoRTSMOUTIL DEC. 13.—The Neptune, 120, was
totalled today.—The Flying Fish, 12, has been taken up
into erdinAry.—The Sidon, steam-frigate, has been put out
of menstiraion, and laid up In sodatary.—Thr St. Vincent,
is expected to hs out of dock at the latter end of this
weet.—The Powerful, $4, will go into the dock to he
minted by the St. Vineent.—Rear-Admiral nuodas com-
pleted his inspection of die Britannia, 120, this morning,
sod 101 l (or London.

MYSTIJtIOUS DEATH—ALLEGED MURDER.
Wm. Thompson, a mechanic, about 30 years of
age, war charged sat the Borough Police Court, Manchester,
relay, with the murder of his wife. The prisoner and
resided at a cottage in Pownsbstreet,
Manchester. lie was an engine titter by trade.
Maria Mather, of Thorntumstreet, Ilulme, said the de-
ceased was her sister, and she saw her alive on Saturday
evening. Deceased came to her house at sic o'clock on
Saturday evening and stayed until eight. She slid she had
left home because her husband (toe prisoner) was going to
beet her. She left the house of witness to buy some
provisions. About one o'clock in the morning (five
Nines after), the prisoner came and called witness out of
bed, arid told her his wife was dead. Ile said he had never
seen het that night till be found her at the bottom of the
stain., dead. %linen went to the house of prisoner, and
fossil his wife tatting on a chair quite dead, and she then
scat foe Mr. Wilkinson, a surgeon. Deceased had been in
the habit of taking drink, and she and her husband lived
uncomfortably then, but witness had persuaded her to give
Rethe habit, and she was quite sober on Saturday night.
primmer had threatened if she got drunk again it
161141 iii he thelasttime.

Charlotte Middleton, of Chester-street. said the deceased
law to her house on Saturday trulit, erg, and stated
time she CJC out of her rosster's way cause he was
guilt, to beat h. r. She left their house about nina at

ma; garet Jtmes said she hued neat door to the prisoner
and hi. wife. On Saturday night, about eleven o'clock,
deemed ['Mlle to the door and asked tor a chair to break
bur own door open, laying her hushand (the prisoner) had
woe to bed and lurked her out. I% itness a brother advised
bar to get in he breaking a square of glass in the back
11111410., and climbed over the yard gate to assist her.
Llecteastil broke the glass and then got in, opened the back
door, and witness having given her a lighted cuulle they
bode err good night. About half-past eleven, witness and
bet brother heard a noise in prisoner's house, and her
brother said that was like sumo one falling down stairs.
They heard nothing mom.
John J outs, brother to the last witness, corroborated her
statement..

Janes Thompson, an old man, father of the prisoner, said
be had lived with hi- eon and daughter-in-law about nine
months. Hr did nut know what time he get home on
Sasturday night; he heal been tore a friend, and Lit to go •
home about ten o'clock. He did not know how long he
area on the way, become hr was rather fis'. lie was sober
when he teethed home. On going into the house he saw
deassard tatting on a c►air, and said to his son, William,
bow is it you are lettiug your wife sleep here ?" He
answered, "Father, she is nut sleeping, she is dead." Wit-
mer said. "Ootsil God, how comes that ?" He did not re•
oollett that his son answered. He then went to
bed. The magistrate (Mr. Maude) attempted to
elicit mote from the old man iu elucidation of
t►e mutter, but hi. further statements were confused
sad not eatisfactory. He said sore shot has son was out of
the brass when he went home; and afterwards that he
did not recollect —his memory was nut worth a farthing.
Maria Mather, deeeased's sister, was recalled, and said
when the prisoner fetched her to his house, on Sunday
awning, she did not perceive any marks of violence un the
body, but afterwards saw bruises on the back of the neck
mad on tither parts of the body.
Superintendent Taylor, of the 1) division of police, said
be apprehended the prisoner an a beerhouse, on Sunday.
Ho had not surgical evidence to produce as to the cause of
death, and wished the case to be remanded till Wednesday.
The prisoner was remanded actrordiagly.

ChiIIOTTIS ROBBERIES AT MANCHESTER.—We
dated in tho E.rprees of Saturday that robberies of this
hind were becoming tr. quent at Manchester, and yesterday
a case came before the magistrates in which two girls
gamed Mary Ana Walker sod Mary O'Brian, about 13 or
1$ year: old, had accomplished a robbery by this novel, but
apparently not difficult process. A girl about 15 years old, '
named Mary Ann Much, said on the previous ev,aing the
prisoners and another girl came to her in Islay•strect, and
the prisoner Mary O'Brian put her arm round witness's
sleek, and pressed her throat ti 1 she could not speak, while
die other girls stole two shillings and three half-pence from
bar pocket. The evidence of Much was corroborated by
that of two other girl. who had witnessed the robbery. The
prisoners were committed for trial at the sessions.
TILE AOCIDENT ON THE SOUTH COAST RAILWAY.-
We regret to say that Mr. Groves, a clothier and one of the
gm/senders by the train from London to Portsmouth which
tame into collision with a goods train on the South Coast
Railway, near the Arundel station, on the night of the 27th
ell November, died on Sunday, at his residence, near the
Daskyard-gatts, Portsea. His death may passably have
Ids hastened, but was not wholly caused by the collision.
Ile was, an the night in question, returning from Loudon,'
dialler I. bad been to consult an eminent medical man,
= Idea for some time 'Aimed with a dangerous in-
t, and, only a few days previous to the ac-
dissit=ian a blood-vessel. No wosnds or bruises of a
awls= ddrader were iadicted upon him at the time et ski
salldas.

Ilia lisuutir's opiniouw:ss that this motion win untieif

my and must be refused—the party makingthe application
to have no coats, but the official assignee's costs to come out
of the estate.
Applications were then made on behalf of other persons,
who had been made contributories in the same company, fur
have to appeal mains' the Master's decision.
His Honour made the orders, on the terms of the parties
paying the costs.

loniuu•ly
The be

THE EXPRESS, TUESDAY EVENING, DECEMBER 16,. 1851.

Master, his honour thought there could be no advantage,
as the facts were sufficiently before the Master. The usual
order to clad up the company was dissected.

COURT OF COMMON PLEAS.—YF.STERDAT.
Serrisos AT Nail Plies Us LOSSOS.—Hanna PRINT Jurnes
JtaTt• ass a tP•CIAL JURY.
BIAIIDsHAW r. LORD LONDLABOROrott.—Titz Doyen
AND DEAL RAILWAY COMPANY.
This was an action similar to several which have been
already tried, it being to recover deposits paid upon shares
in the Dover and Deal Railway Company, of which Lord
Londesborough was one of the managing Directors. Two
hundred shares in this scheme were allotted to the plaintiff,
who paid 4201. deposits upon them ; of this Corn 2001. had
been returned, and the present action was to recover the
balance. The foundation of the action was that the scheme
had entirely failed, and also that a circular sent with the
letters of allotment contained a statement that in the event
of the act not lacing obtained the whole of the deposits
I should be returned.
Nearly the whole of the circumstances were admitted to
be the same as in the previous eases, and a verdict was then
taken fur the plaintiff for 2201.
The defendant's counsel tendered a bill of exceptions.
JCPII (SURVIVOR, &C.) C. THE GREAT WESTERN RAIL-
WAY COMPANY.—Loss or A BALE OF SILK.
The plaintiff in this action is the surviving partner of the
firm of Jupc and Butt, silk throwsters, in business in Wilt-
shire, and he sued to recover about 2901., the value of a bale
of silk, said to have been lost through the negligence or
felony of the company's servants.
The plaintiff called witnesses to prove that on Saturday tho
20th April, 18.50, the eight bales of silk were delivered to tap
company at the Westbury station, to be carried to
Messrs. Durant and Company, of Cupthall-court, London.
On Monday, the 22nd April, seven of the bales were
perly delivered, but the eighth never reached its destine
lion, and it was to recover the value of it that the present
action was brought. It appeared that the course of ben-
ness was for parcels to be taken from the terminus in Mr.
Sherman's vans, to the Bull a,,il Mouth. Upon the occa-
sion in question the goods were placed in one of these vans,
driven by a person named Moore, assisted by a little boy,
, who was placed in the witness box, and who stated that lie
' was now about 14 years of age. Moore left the station with
the van, and then, in accordance with his usual custom,
he went to his house in the neighbourhood to get
his breakfast, and was absent for about ten minutes
or a quarter of an hour. Whilst he was absent
the boy sat upon the kerbstone, opposite the van, and ate
his breakiiint, which had been brought him by his brother.
The boy then rude with the van to the Bull and Muuth.
The Chief Justice said it did not seem to him unnatural
that goods should be lust when the man went to his break-
fast and left the van with a little boy like the one they had
seen. It appeared that leaving the van with the boy was
a regular practice, and ho thought it was a very bad mac
To enable the plaintiff to recitar upon this record, he mate
show that there was felony by some of the company's see.
Sante, or that the goods had been mis-sent by them. If the
bale was lost between the terminus and the Bull and Month,
' then the verdict must be fur the defendants.
Several of the company's servants were then called, and
their evidence was that the goods had been safely sent
away from the termious in the van that went to the Bull
and Mouth.
The Chief Justice, in his summing up, directed the jury
that the main question fur them was whether there had
been a felony committed by the company's servant*, and it
was the business of the plaintiff to show affirmatively that
there had been. Nobody could doubt that, if they were
sitting in a criminal court, they would be of opinion that
there was not the slightest ground to support a charge of
felony. It had, however, been said that the goods were
mis-sent, and therefore the plaintiff was entitled to a ver-
dict ; and he was of opinion that, if they had been mis-
sent, the defendants were guilty of a conversion, uad were
liable upon the count in trover. The question in another
form was this, " Were the eight bales put upon the van at
the Paddington Station?" for if they were, they would pro-
bably be of opinion that they were not stolen by any of the
company's servants or mis-sent.
The jury retired from court to consult upon the matter,
and at the end of half an hour they came back.
The Chief Justice (to the jury)—Do you find that the
goods were feloniously stolen by certain servants of the de-
feedanta ?"
The Foreman—We find for the plaintiff.
'f he Chief Justice—Do you find that the goods were fe-
'v stolen by the company's servants ?
neman—We find that they were not stolen by the
of the company.
A Juryman—We can't come to a decision to fix the
luny on any one.
The Chief Justice—Wave the goods put on board the
• ?

The Foreman—lt is our opinion that eight bales arrived
at Paddington, but that only seven of them were put in the
van.
Some diseussim then ensued between his lordship and
the jury as to their opinion upon whether the goods had
been ma-sent, but the jury were not agreed upon the mat.
ter, and they therefore again retired and were absent for
an hour. Upon their return
The Chief Justice said—Do you find that the hale was
tloniously stolen by certain servants of the defendants?
The Foreman—We find for the plaintiff upon both
counts. _ _ - . .

The Chief Justice—Do you find that the goods we
duniously stolen by servants of the company ?
The Foreman—We do.
The Chid Justice—Aud do you find that the goods we
lie-sent ?
The Foreman—Yes.

The Chief' :lusti;:s-That is impossible, gentlemen; you
cannot find fur the plaintiff on both counts, fur if the goods
were stolen they were nut mis-sent.
A Juryman—We find for the plaintiff on the first count.
The Chief Justice—That is a verdict fur the defendants
on the second count.
Several jurymen—No, no.
The Chief Justice—Do, pray forgive me for making this
observation. I SID sorry you have found in the way you
have ; fur it is a verdict which cannot stand.
A juryman—We acted conscientiously.
The Chief Justice—No doubt of it, gentlemen ; nobody
agines anything else.
'The Attorney-General said it happened fortunately that
the first count would turn out, he expected, to be a perfectly
immaterial lame.
The vi edict was then entered for the plaintiff upon the
first issue, and fur the defendants upon toe second.

I___