The Express.
London, England, 1851-02-11 00:00:00

lain Entellianue.

COURT OF COMMON PLEAS.—YEvrznnAt. I
SerriaG• AT Na Pates WIDDITITI.- Rcroac Jessica
TAT TIC•I, MID • Sprint. Jel.T.
N.I'LTA,T T. 111 IWVI`I, E.g., N.Y.,AND OTntna.—
Ilat..tCH UT A CONTItACT GLAaa.
The plaintiff in this action is •looking-glass manufacturer
in Fleet-street, and the defendant is the member for Sun- I,
dtrland, hut he was sued as a partner in the firm of Swill- ,
bonnie and Co., plate glass manufacturers. The contract
WIP dated the 13th of December, 1849, and by it the de-
fendant. undertook to supp:y the plaintiff with all the
glazing and silvering plate glass he might require from the
I date of the contract until the 30th of April at tariff prices
ruhjeet to • discount of 75 r r cleat., and to a further di;
count of 21 per cent. The plaintif undertook to take all
dr, plait glass he required for this period from the defen-
dant' alone, and to pay for each parcel before it was de-
nod it was stated that the only object of the defen-
(Vents in entering into the contract was to quit a large
meintity of glass. No difference arose between the parties
until about the middle of April when plate plus rose very
coinkiticrably in price, and the plaintiff's orders increased in
r %tont, his three last orders, given on the 27th and 29th of •
April, amounting to f 4,52.5 pieces of glass. These orders awl.'
some few others we re wit executed, and the plaintiff claimed
damages to the extent of 5,0001. ; but the question war,
whether the contract was that the plaintiff was to ls• sup-
pli.l with all the glass he might ask for, or only with what
he should require in the ordinary way of his trade.
Mr. Serjeant Byles, Mr. Atherton, and Mr. Horne were
counsel for the plaintiff; and Mr. Watson, Q.C., and Mr.
Servant Channell, and Mr. Willa appeared for the dc-

fru:tants.
In the court of thr the parti, s agrmil to Rettle the
ease upon a verdict being taken for the plaintiff for 4001.

COURT OF EXCHEQUER—YEsTERDAT.
Yw Paam—Buois Bu V. Caro Sum, •vu • MINIM.
an peanu.
THE AtTOKKIIT.DENEKAL T. Tat Lo XDO 7,1 DOCK
CO. . •

This ram vraa rerumedthi::tMirnina at ten o'clock.
Sir F. Pollock addressed the Solicitor-General, and asked
whether it was likely it would he tini.hed to-day, u there
were a number of persons in other caws in attendanee.
The Solicitor-General be thought it likely the case
would occupy the remainder of that day and the entire of
the

next. _ _
The jurors in all other cases were then discharged until
Wednesday nest.
Mr. Simon Knight examined by the Solicitor-General—l
am superintendent of the East and West India Docks. I
base been forty-live years in their service. I have general
superintendence and control to receive sugar and cocoa at
the West India Docks. The quantity that has arisen of
cocoa sweepings is very trifling: it amounts to lbs. for
the last ten years. In the corresponding period we have re-
ceived 201 casks and 77,909 bags of sugar. All sweepings
at lending go to the account of the merchants. Corse
is imported in bsrry. Sweepings arise afterwards;
it is our duty to return them to the account of the Mer-
chants. I have seen the samples of ("sera produced here the
other slay; they arc such as I should carry to the mer-

chants' riccouni.
By the Jury —1 bulk the cocoa.
Examination resumed—The 158 lbs. arose from the very
minute escapes that had taken place. To a slight extent
escapes take place in sugar. It the packages break, it is
our duty to replace it, and lay it to the account of the mer-
chant. In sampling we return the quantity we take out to
the merchant's account. From 1840 to 1819 inclusive, we
have received 763,603 casks, 4,867,000 baskets and bap, ex-
clusive of 184,420 chests and boxes. For 1840, there were
3,&143 cwt.; 1841, 3,351 est.; 1842, the allowance was
4,490; 1843, 4, -a 1 cwt.; 1844, ; 1845, 4,922 cwt.; 1846,
I•3loewte • 1817,8,171 cwt.; 1848, 7,723 cert.; 1819, 7,134 cert.
Each iag would weigh 11 cwt. A hogshead would
weigh IS cwt. Warehoused scrapings are wet, the other
are dry. The quay and slip scrapings ore dry, and carried
to the account of the company. Everything that escapes I
and is clean enough to bee returned, is returned to the men
chant*. We WWr apply to the company any sugar that Is
merchantable. The wet scrapings arc more than half, ar
two-thirds, certainly.
Cnes-examined by Sir F. Kelly—l was subpamatal last
Tut -day. It often happens that a cargo is to delivered
to various persons. When the eugar is spilt from the
packages breaking, it is not possible to make deliveries to
each consignee, but it is our duty tee place it back again.
We should re port the fact of deficit ney to the merchants in
each ease. A pile of 600 bugs might lee delivered to ten
elilferent persons, and at ten different times. We generally
receive British sugar in • much worn condition thou fo-
reign sugar. We eery rarely have packages in excess. It
sometimes happens. We apply to the Co mminciemers of
Customs for permission to carry them to account. The
eompeeny applied to place five in 1t444. We presume that
they n-present .0111 e package that the company paid fur.
By the jury—l never make molasses of geed sugar.
Cross-examination continued—That which cannot lie ear-
riot to the account of the• merchants belongs to the com-
pany. For many years the British COCO:1 was far more- than
forerun. In super, we are rarely called upon tee make good
deficiencies, and in cocoa very trilling. 1 d xaggerate when
I say it might occur 10 or 15 times, cocoa lo or 20, and
coffee ye ry rare. indeed.
He-examiued--Unless the vermin got into the pile, it
very surely occurs that sugar is attacked. If there were
any great escapee it would soon be discovered by the condi-
tiem of the pile•. ltummage Palest:eke place Once in two years.
We never sell sweepings by private contract, they are sold
ley the eolonial broker.
Wiliiam Moore examined by Mr. Wilele—l am a locker
in the custom's I remember last March being at Davia's
corner. I saw Davie there ; he had men washing good sugar
into mobeases. It was very dark, and 1 had the cask brought
not, and it contained ;rood sugar. Mr. Barber, my superior
offict.r, weds then', mot he said to Wickes that things were
not AAA, whereupon Wickes said it was only swevpings."
rnss-rxeimined by Mr. l'eacuck—My duty took me to
Da% e. corner. You canuot see there until you had been
then• half an hour.
Its-.examinetl-1 have been often at Dal ies corner before.
Mr. William Barber, examined by the Salieitur-General
am landing-waiter to the customs. I gave directions to
the. locker, to keep n sharp look out at this is's corner. I
weed there with the last witness. On taking the sugar to
the light I found that it was dry sugar.
('toss-examined by Mr. Macauley, Q. ('—Davis. said he
was mixing up wet scrapings, and I said it was nut wet.
11, said it was sec dark he could not say what it was.
Mr. Henry Charles Browne. examined by the Sulicitor-
Gereeral—l am landing surveyor to the customs.
Sir F. Kelly objected to the w itneas, who was present
during the entire case. Ile was examined already, early
on the first day.
The Solicitor-Gencriel said he was quite in the hands of
the court. Ile tendered the evidence.
Sir F. I'ullceck said he should remise the evidence.
The witness procecaled—On the 3rd of August 1 found 4
casks of what appeared to be sugar drawings.
After BMOC decusdon the witness was not examined.
Mr. Taylor examined by Mr. Wilete—l am examining
controller of account. at the Custom Houses I have ex-
amined the account of sugar imported into the. London
Docks, since January 1846.
Mr. Henry Cole examined by Mr. Wilde—l am control-
ler of account, at the London Docks. The vitaes proved
the quansity of sweepings at the London Ducks in sugar,
male e, and cocoa.
The• plaintiff, rue being closed,
Sir F. Kelly euldreseed the jury on lethal( of the defen-
dants for six hours. lie commenced by calling their reeol-
lecticm to the feet, that the Solicitor-General had invited
them to dismiss from their minds everything they had heard
of that ease beteere they entered the box ; and be joined his
learned friend in the entreaty. He hoped sincerely that
they would strictly and sternly suspend their judgment and
upiunen until they should feel themselves in possession
of
the ease cm the one side and the other, otherwise they might
do the greatest injustice. Ile should product' and examine se-
veral witneasesof high character and unblemished integrity,
who had paid strict and careful obedience to the Liss of their
country. The Lenelon Dock company, which iwOS repre-
sented by him (Sir F. Kelly) and his learn( a friends, was
formed in 179.3, and they had from that time op to the pre-
sent carried on one of the largest undertakings in this great
mauve. They had constantly in their employ souse 3.000
or 4,00.0 penons, anti they had property amounting to 20 ur
30 millions of monde passing through their hands fur the
last 10 years. They had never once during the entire of
that time a dispute with any of their mercantile fellow-
countrymen or with the government of the country, they
had carried ou their business so entirely w ith the approba-
tion of the people and the government. They had added
millions upon millions to the revenue, and he now altogether
denied that they or any one by their authority either con-
nived at or sanctioned the commission of such frauds as were
imputed by the Solicitor-General. He courted the utmost iu-
vonigation, and he denied that they were either directly OM
indirectly concerned in sanctioning such conduct. lle put ,
it to the jury tee say whether a body of 24 gentlemen would
be guilty- of such Conduct. If they or any of them had
wronged a man out of any portion of property. however
small, he would consent that the verdict pass against him
if he would not be the first to redress it. The charges made
by the Solicitor-General, and sought to be maintained by
such evidence as was laid before• them, he repelled with
scorn and indignation. Ile cast them back upon those who
cast them upon the London Dock Company, and he should
utter his opinion that those imputatious were diegraceful to
these., who had brought them forward. For they contained
the most odious rin) hue calumnies As to the gratuities,
they were given without reference to the base motives which
were imputed to the dock company. The truth wale, there
wee. an accumulation of goods (sugar especially) up to Nov.,
1849. There were 20 casks on hand. and the company would
have exported them, only a further accumulation had taken
place in March, 1860, when the seizure was made. The dock
company, who were large importers themselves, would
not think of defrauding the stock of any merchant; yet
there had been a series of charges made against them, that,
if one-fortieth part were proved, would be more than enough
to drive any set of gentlemen in disgrace from the country.
If such a system has prevailed, it is one by which the com-
pany must be pieces by their dividends. But they im-
ported between 2.5,000.0007. and 26,000,0001. half-yearly,
and would Ise incapable for the amount of the• whole realm
to act the mean dishonourable parts ascribed to them. Ile
would first take the ease of Dana's corner, that dark place,
where all these mimes were committed. How emid the
charges made against the Dock Company he sustained unless
it appeared they were guilty as felons? That was the only
way they could be dealt with. For his own part, he would
I shrink with horror from identifying himself with such aces*,
if he had not been convinced that the c
made. The very witnesses who were produced were unjustly
eed to maintain
it were, every one of them, implicated in all they de-
scribed. The London Dock Company had freely, openly, and
unhesitatingly, laid before the Customs every information

Sri totald or did desire, and that was the return they re-
WIWI. The Customs had availed themselves of the infor-
lIIStiOn afforded by discarded servants, which, to say the
hest was not very creditable to themselves. He met the
ease from beginning to the end with the statement that it
was as P.ll it was exaggerated. The directors of the Dock
Coco any had themselves a direct interest in the citrates,
and be should show that they bad given the most distinct
, and positive directions that they should be attended to
I regularly. It was a most monstrous fabrication to accuse
them wits fraud little short of theft. For 25
Davis's
they
' had been in the habit of sending sugar to Danis corner ;
be could not say whether for the purpose of being con-
verted into molasses or not. But there were three or four
MR. re of Customs continually there. Why were none of
them proluced ? It was notorious why. In 1846 the
retuse or black stuff, as it bad been called, was sold
,'to a scum boiler for 2s. 4d. per cwt. After refer-
ring to the correspondence between the Customs
and the Dock Company, the learned counsel stated
that they bad saved the former 196 surplus packages,
700 others, and no less than 1,736 sweepings, which never
appeared in the manifest, the bills of lading, or other
documents. He did not put that circumstance forward as
of credit to exonerate the London Dock Company, for they
had only discharged their duty, bet it was not altogether
unworthy of being mentioned when charges similar to the
esent had been ma,k against them. Ile wished to know
by whet right the customs presumed to interfere between
these whose rights were affected and themselves. He
denied the right of the customs to interfere, and he termed
their conduct in doing so an act of presumption and inter-
ference. } ive-sixteenths of an ounce of sugar never tame
to the dock company, and that was subject to deductions.
If the merchants had not applied to be set right, the us-
toms had no right whatever to interfere for their protection
from these scenes of fraud, plunder, and robbery. In 1849
the wages paid by the dock company amounted to 132,8511. ,
which fell very short of the entire sum, while their income
amounted only to 3,4001. a year for all services whatever.
That sum would not amount to one-seventh part
of a farthing per cent of the property imported.
The charges, e. they were alleged in the pleadings were of
a twofold character—first, the dock companies were charged
with having in their possession goods which were not duly
entered; and seroniUy, that they had these goods upon
their premises fraudulently concealed or secreted with a
view to the evasion of the duty. All frauds at Davis s
Corner were, therefore, irrelevant, and so with regard to the
abstractions alleged to have taken place. If he showed the
Jury that the sugar and cocoa were intended for exportation,
there was an end to the ease. In November there was an
accumulation for four years and upwards. The quantity
had become very considerable, and the dock company were
about to apply to the Customs for permission to sell, accord-
ing to their invariable custom, when they, discovered that a
larger quantity brut accumulated, and then the entire was
seised. They withdrew the notice they. had served on the
Ciotoms for the purpose of advertising something else.
Where was the evidence that there was any secretion or
concealment? 'there was none whatever. The learned
gentleman concluded an eloquent speech eleic upon seven
o'clock by calling upon the jury to do justice between the
parties.
The court then adjourned.
hrrrises no BANCO,

The court sat to-day in bonen, and took two caws from
the new trial paper. In the fir.t no judi.rment was :riven.
and in the neat the arguments of counsel were not lininhtd
wheu the court rose.

CENTRAL CRIMINAL COURT.

OLD COURT.—tiEsunDAY.
RAPORS TEE Ammon..
ATTENDANCE OF Atm:ions%
Sir Peter Laurie, who sat as the second commissioner,
took occasion to obaerre to the jury, at the opening of the
court, that he had seen by a report in the papers, that the
business had been suspended on Saturday in two of the
courts in comminutes of the non-attendance of aldermen.
lie was very glad to see that the subject had been alluded
to in this way, fur it was tvrtainly very itayroja r that the
time of the court, the jury, and the public should he wast, d
in such a manner. Ilimself and Sir James Duke had be, a
in constant attendance since the commencement of the
session, and it really appeared to hint that if gentlemen
either could not or would not perform the public duties
that were r..quired from them by roan of the position
they filled, it would he• better they should resign their office
and permit others to occupy it who would perform the du-
ties that it entailed uponnStems

Jane Parnell and Henry Ogan were placed at the bar to
receive judgment.
The Recorder, addressing the female def'enclant, sail he
could not help regarding the case as one of the mast aggra-
vated character, and one which called for the infliction of
the full punithnit tit awarded by the law for this de-
wcription of offoice, and that evidence was that she be
transported beyond the seas for seven pare. The le:lined
' Itecordt r then addressed the other defendant, and said that
if it had at all appyared that he had taken any part in the
original wicked intention of the ft-male defendant, he
should have thought it his duty to Ike. the same sentence
upon him that he had upon her, but as it appeared that
sea. not the case, he should not go to that extent. The
offence of swearing falsely, and thereby perrertiturthe
course of justice, Was, under all eircumstanec s, however, a
most serious one, and required *every punishment, and he
consequently felt it his duty to order hint to be imprisoned
and kept to hual.labour foe eighteen months.
STAIIIIINO A POLtCtMAN.
Charles Darden, 26, was indicted for feloniously cutting
and wounding Caleb DUTY with intent to maim and disable
or to do him sonic grievous bodily harm. Mr. Cockle prose-
cuted, and Mr. Ballantine was fur the defence.
It appeared that about half-past one o'clock on the morn-
ing of the 31,4 December the prison, r no. in Holborn, near
Middle-new, very drunk and brandishing a knife, with
which he threatened to stab anyone who interfered with
him. The prosecutor, who is a police constable, laid bold
of the prisoner in order to secure him and prevent him front
doing any mischief, and the prisoner inintediately made a
.tab at him with the knife he held in his hand, and cut him
through the clothes, and he repeated the blow a weond
time, and inflicted a most dangerous wound in his thigh,
from the effect. of which he has nut yet recovered.
Mr. Iltillantine, Olt behalf of the prisoner, contended that
in the state of drunkenness in which he was at the time the
occurrence took place, he was incapable of forming any de-
liberate intention, and he said that if the jury should take
this charitable view or hie conduct they would be juxtitied
in acquitting him of the felonious portion of the charge.
A gnat number of respectable witnesses gave the pri-
mmer an excellent character, and described kitties& humane
well conducted young man.
The jury found the prisoner Guilty of an assault. and he
was sentenced to be imprisoned and kept to hard labour for
twelve months.
CIIARGIS Ur VoRGERT AGAINST A SOLICITOR.
John Cobb,3o, u person of respectable appearance,was in-
dicted fur forging nu order for the sum of 12/. 15s. with in-
tent to defraud William Dean Diekeson. Mr. Rihton and
Mr. Prendergast were for the prosecution. Mr. Ballantine
and Mr. Birnie defended the prisoner.
The eireunistancee under which the; charge was preferred
were of rather an unusual diameter. It appeartel that the
prisoner had been an attorney, and occupied chambers iu
the Adelphi in the year 1849, and he had been in the habit
of going to the Exeter Hall lintel, which is kept by Mr.
Diekeson, and he and that gentleman were on friendly
terms. the Saturday, the 12th of May, 1849, the prisoner
took a cheque upon the London and County Bank for
12/. 1.55. Dickeson, and having stated that it was
cruesed and must go through a banker's, he asked him to let
him have half-a-sovereign upon it, and he at the same time
ordered two bottles of sherry and some sandwiches to he
sent to his chambers on the fallowing day, and he told Mr.
Diekcson to deduct the amount and another small bill he
owed him, amounting altogether to 18.. 9d., from the
amount of the cheque, and he said he would call for the
balance on the fdlowing Mouday or Tuesday. The
cheque was presented in due course at the bankers, and it
turned out that no such person as the drawer kept an
account there, and alter this the prisoner did net
go any more to the prosecutor's house. In an-
swer to questions put by Mr. Ballantine, Mr. Dickeson
stated that he saw the prisoner several times after the trans-
action, but he always treated the affair as a matter of debt,
and never thought of instituting criminal proceedings
against the prisoner ; and he said he had nothing whatever
to do with the present prosecution, but merely attended as
a witness to give evidence. Ile also stated that the cheque
bad been obtained from him by a person named Pulling,
who desired to make use of it upon the occasion ofthe pri-
soner coming up before the Insolvent Debtors' Court, Pul-
ling being a creditor who wished to oppose him. Mr. Pul-
ling was examined as a witness, and he stated that the
forged cheque was in the handwriting of the prisoner • and
he also said that when he opposed him in the luschvint
Court he showed the prisoner the cheque, and he denied all
knoirledge of it, or that he had ever peen it to Mr. Dicke-
son. Ulan cross-examination it appeared that a person
named Martin, who had formerly been clerk to the primmer,
was acting as solicitor for the prosecution, and he asserted
that he was retained in that capacite, by Mr. Dickeson—a
statement which that gentleman in his evidence positively
contradicted.
Mr. Ballantine made a very earnest appeal to the jury
on behalf of the prisoner, urging upon them that the
prosecution had not been brought forward fur the purposes
of justice. but solely to gratify the vindictive feeling enter-
tained by the witness Pulling against the prisoner, on ac-
count of his having retailed himself from the debt he owed
him by means of the Insolvent Debtors' Court. He likewise
called their attention to the fact of the prisoner only having
ovribt"edches tahnedPalthanT y arr. Diofckiestn, ‘,.'iN"l.l3l°o mouegwhtinein nea di
reality
dw-
have been the prosecutor if any offence had been com-
mitted, had never looked upon the matter in a criminal
light, and would never have taken any proceedings if it had
not been for the interference of other parties.
The Recorder having briefly summed up, the jury imme-
diately returned a verMet of Not Guilty.

NEW COURT.—YESTERDAY.
Bkroas Cr.xmos Passurr.
TAVEUN RoBEERITA.
Jaws Jr ,rph Rooky, Is, clerk, was indicted for stealing
a spoon and lurk, valued at it. 10s., the property of Charles
William Doris.
The jury found him Guilty.
Ile was then indicted for stealing a spoon, the property of
Isabel Early, on the rith of January, and was again found
Guilty.
There were indictments against him for stealing a spoon
from Mr. Holt's, confectioner. 9t. Pours Churchyard;
another from Ehrard's, at the corner of the Lowther-
arcade; and there were several other charges which bad
not been sent for trial.
Xs. Bobo; for the prison, said this was a peculiarly

painful case. The prisoner is the son of a highly respectable
solicitor, and baring had a quarrcl with his father left his
house, and had since fallen into bad company, which had
led him to the commission of these odl•nces.
He was sentenced to 12 months' imprisonment.

MIDDLESEX SESSIONS—YESTERDAY.
DMZ. Me. RitalllANT ADAIR AffiI.TAMT MIAs.

The court sat this morning at, the Guildhall, Westminster,
to hear the appeals standing in arrear.
ST. CLAIR r. .t CONVICTION OP PEREGRINE BINGHAM,
ESQ.—THE °LAMER AT THE CRYSTAL PALACE.
This was an appeal against a conviction by Mr. Bingham,
one of the magistrates of the Nlarlhorough-street police-
court, under which the appellant was sentenced to two
months' imprisonment for an offence against the act relat-
ing to combinations of workmen, 6 Geo. IV., c.
A lengthened discussion took place as to whether the con-
rietion was good in point of form, and, ultimately, the
court reserved for Anther consideration a question as to
whether the words " appears to me to be guilty" were a
sufficient adjudication of guilt by the magistrate.
The conviction was confirmed, and the appellant was
committed to prison.
The court was filled tith workmen who bad been em-
ployed at the building, and who appeared to take great in-
terest in the case.