The Express.
London, England, 1849-12-08 00:00:00

.aW inteUtattue.

EQUITY OOURTB.—YoritiWAY.
pi route TI I UMW COUNCILLOR.
lx RI ST. CATHERINE'S HaLL, CANBEIDOI.—FoIiFEI-
WEE OF A FELLOWSHIP DT 1101 ENTSZLEO 1110 HOLY

Damao.
The Lead Chancellor gave judgment in this cue, which
was ironed Fore him on the 20th and 21st Denm.
bee; 1849, retina for her Majesty the Queen, .as edifier
of fit • said college The questien for demon sou
slant epos the petition of Mr. Wycliffe Goodwin,
of Lincoln's, which stated that the said college was fou„ded
in 1473 by the Nev. Dr. Wodelarke in the University. of
Canthridge,and afterwards i aeory.rated by King Edward N 1.,
that Dr. Wooelarke compiled a book of statutes for the gov-
ernment of the paid college, the third chapter of which
directed that there should be • master and six fellows, more
or less, and that the vacancies should be filled up from
time
to time from persons born in England, aril abounning
in
erudition, science, and morale, and being muter, of arts, or
at least bachelors, iecludieg it possible priests or deacon, ant
&brogue providiataryt ex tumero sociorum duo ad minimum
Mat presbyters et nous deaconn, si mutant atiquit es
fills &nested senior ju xta admissionem cellars
qui condom ant preshyteri ant discord infra uniut sent
epatium pp-Oltenia ant diaconum Olen curet ant alicque
a eollegii etholutnentie recedat, eite." The petition also set I
forth extracts from the sixth and eighth chapteis of the
statutes, but soiling turned upon them, except that in the
argument it was urged that the words used ter removal or
expulsion from t:ie college aul forfeiture of emoluments,
were " exclaims " and " amotne." The 9th chapter (also
in pert set forth) ordained that if any of the fellows became
entitled to lay property above 10 marks per annum, or
aims to hold an egielesiutical benefice, ere, after one
complete years pose:aeon of such property or benefice,
kb ants one lien et entoluesentis ejusdeni reeedat et pro Dori
soein ex to tampon habeatur," &e. The petitioner stated
that he was duly elected and admitted • fellow of the said
college in Feb. 1840, there bring then, tenths the Rev. Dr.
Joseph Procter, the master, four fellows—all In holy orders;
that D, r. Procter died in Nov. 1845, in whose place the Rev.
Mr. l'bilpotts, one of the said fellows, was else ed master ;,
that after that there were but three fellows, the petitioner
and Hewn. Carrie and P. Ptocter—both these latter in
priest's ceders ; that in Marsh 1846 • Mr. Pine was admitted a
fellow, and ia Sept. ordained& deacon; that the Rev. Procter
vacated his fellowship is November, 1840, and Mr. Pine
died in deed, 1817 ; that a Ur. Psr.on was then admitted
a follow, and ordained a deacon in January, 1848 ; and a
Mr. Hopkins, who was admitted a fellow in October, 1848,
bring teen • dente, was tied& ned • priest in January,
1818, from which tin.o there were two to lows in priests'
ceders and one deacon as required by the 3rd chapter of the
statutes. The petition then stated that the majority of the
master and fellows indsted that his fellowship became ne
sent by nation of his not having entered into holy orders
before the 10th of Nov , 1847, Slid on that ground they pre-
vented him from votteg at a eudege meeting,
whereby he felt aggrieved ; sad by, therefore,
prayed that it might be declared that his fellow-
skip did sot bosoms vacant by remain of the number
of priests sad &non, fellows of said hall, having continued
inmompitt• for a year from 10th Nov., 1846; and that he was
entitled as a b'llow to innate and enjoy all privileges and
advantages as if the number of such fellows in holy orders
had bees complete, except advantages of a lucrative or pecu-
niary manic during the Mine from the 10th of Nov., 1847,
to Jemmy, 1818, when the number of fellows required to be
in ho:y orders was again complete.
His lordship, in giving his judgment, said the argu-
ment in eapport of the petition took • far wider ranee
than the petition itself witnessed. The petitioner del
not dispute that the facts as stated by him brought the can
within the 3rd chapter of the statutes, but submitted that
the forfeiture Wetted only the emoluments, and not the title
et his fellowship. but in the argument it was contended
that there was no forfeiture at all within the dud chapter.
upon the ground that the mug then epetifled wee a va.
rainy caused by death. Teat argument was raised on a
construeiono' the words " si minus eliguu esillL decesserit,"
translating them, " if any of them should have died," such
•coastmetioa would detest the object of the founaer of the
eollege, which evidently was to lisep up the number of
three fellows in orders, one of them h in g a deacon. The
short answer to the argument, founded on the word de-
email war that detedo did nut, in its primary sense, mean
to "del' but to " depart." Time were eight words given
in " Ainsworth's Dittaniary" to express death, and " de-
redo" was the sonnets. There were passages cited in the
argument from Cicero and other authors, as a a "ohis
neat," which did not at all warrant the construction. The
only real question raised by the petition was the meaning to
be put tan the words " act alioque a inlliertii emAumentie
neeili.f." The petitioner (submitted that these implied a
forfeiture of the emoluments of the fellowship for the year,
but nut of the fellowship itself, but his lordship was of opinion
that such a construction could he adopted that the moj -Tits' of
the fellows put the right interpretation on the words, thesame
interpretation that Other colleges in the setae university put
on them. The petition should therefore be dismissed.
His lordship then made orders iii several unopposed lunatic
petitions, and afterwards heard out the steunients in an up
peal from the Vice-Chancellor's decision on the construction
Of • will, and at the conclusion said he would give judg-
ment in the morning. Till then we reserve our report of
the ease.

COURT OF EXCHRQUER.—YasnaDAT.
Nun Puffs.—Barons Sin P. Puufica, C. 8., .vo . NICOL.

Breda. it/RT.
WOOD V. HUTTON AND ANOTIII2..

This cue was renamed yesterday morning, and after occu-
pying nearly four eivire days, has at length been brought to
a C )IlCitt.loll. Atter the c assignation of wines*, on nehalf
of the defendants. and the reply of use plaintiffs counsel,
Sir P. Pollock, C. 8., summed up the evidence, comment-
ing upon it from time to time. The issue was, to try whe•
titer Joha Newman was of sound mind on the 30th of
January, 1838, when he executed en agreement se-
knowle.ging himself indebted to the defendant.. The
plaintiff was Newman's widow, who had since his
death married again. Her present husband was, however.
nut a party either iu these proceedings or in the
equity suit. It appeared the defendants, who were extensive
rnercbants in the city of Laudon, were owners of certain
ships commanded by the deemed trona 1833 to 1837. They
Undid between this country and the Coast of Africa, and the
result of transactions coverin four or five sears wit that
Newman was found to be indebted to his employers in a
very lams sum of money. The sum claimed after all credits
was 1,6501. It was, however. finally arranged, after a great
deal of inquiry, that the damned Newman should sign the
agreement in question, and the inquiry now was wnether
he was of sound and disposing mind when he executed that
document. If tits jury should be of opinion be was not,
then there was no -punnet between the parties.
The document signed on the 30th of January
1838 was invalid, and Newman's representative would be
entitled to claim back the money that had been paid in pur-
suance of it. The evidence was, In some respects, C3o,B2ll4tie-
tory ; but it was very remarkable that when the accounts
were examined, preview to signing this agreement, not one
even of Newmaa's friend. suggested for a moment that be
was insane. It was said he was unsettled, and annoyed,
or irritated, and that he was not in a at state to investigate
the tunsaction. But all that might be perfectly cow
&Want with ABS bang of sound mind. Ha, was charged
with a fraud to the extent of 2,0001. and upwards, commit.
ted upon his employer-, the defendants, in whom employe
meat he had been tor many years. It might he no
wonder that his aura of the dienonaaty imputed to him
had very mu., Is disturbed him. The defuelants proposed U
show that the agreement was not only fair and reasonable,
but one which, under the eiresmnanoes, Newman ought to
be very glad to have made. lilt will such a settlement that
no sans man 81.J'41: eater into, it would be a strong argument
in favourof Ins insanity, but the jury should judge, unds,
all the einnuastances, whether it WY as agreement of that
description. Judging from all that had taken plat*, it was
quite Wear Newman knew very well what he was about, and
the arrangement he entree 1 into with the Mews. Hutton
was one which, under the circumstances, any reasonable
and prudent man would be ;dad to effect. The
inquiry W4S certainly cond acted in a very novel
manner, without the testimony of even one me-
dical witness. However, the jury should form their
0011iO4 upon the question submitted to them, upon looking
at all the circumstances. One of the most material tuts for
their couderstion was the disposal by Captain Newman, ha
October, 1837, within ten days after his return from Abler,
of a large quantity of gold dust, doubleone, and=
meta/i. The property so disposed of amounted to
of 1,6001.. and it was tor the purpose of reimbursint the do-
fendents far that sum that the agreement in question was
secated, and 1,2501. pail by Newman to them. he noels
of the peotwedinge taken to impish this agreement it ago-
peawd anointed to 2,5001., who (faked tlee *earned judge)
was ts.• pay these costa T It was inallitedi that the agree-
ment ha.' besm Obtained to compronshis a felmay, handieerne
not so. ThodefendanU bad dlacouredthatNewasandigpited
of part of tl:eir property, (or which he had sembrod no
mount. That 1. e had done so within a week or Ms days
otter his return fns Africa, and that in November and
December following he purchased atock in the 31 per Cent.
Como* to the amount of 2,1001. ne mock et purchased
wee lofted le the jefat smm el the deeessid ifewitee

sad his wife (the pri sent plaintiff); an!, finally, when 0..,
Wend ce.s called for the tio.ks and stoiwed a deternarr. etior.
that the whole mottr sh.rald he thoroughly inveaugay.d,
Newmia but the aleck crausferre a to the name .1 his dep.
ssa, named Nelson—was that the act of an insane met. ? The
trawler to Piskore was fax the 23th of J any., 1539. P. few days
before the ewc.otion the &greeter:tit its quet,sn. It wee
very mach to be deplored that the uhlortuuste inan
how-
de-
stroyed himself in 1841. That dreadful act might,
ever, be attributable to the depression arising from a eon-
IIeinUUSOS that he had b.thaved badly to his employer, and
that he had loot a situation of 6001. or Boor. a year, by
which he might have eventually become rich. However
much to be deplored the fete of the unhappy man was,
peaple should not exhaust all their sympathy for
criminals. Why should tbe murderer be the only
person to be pitied ? Wu there to be no
pity for the murdered? Why pity the plunderer
and not the plundered. All dishonest and unrighteous men
were more or less inease, but there was nothing whiteur
else in the conduct of the deceased Newman to afford the
defendants the lout grounds for suspicion that he did not
perfectly well know what be wu about. After recapitulat-
ing the facts, and commenting upon the evidence lee more
than two hours and a half,
One of the jury said they were anxious to siva his lord-
ship as much trouble es ?mange, as they had already made
up their minds on the subject.
Sir F. Pollock—Have you all made up your minds?
The Faunas—Yee; every one of us.
The Learned Judge then read over his notes of the est
deuce adduced on behalf of the plaintiff, and finally told the
jury that the question they had to determine was simply
whetter John N Man of sound mind and conscious of
what he was doihg when he signed the agreement on tho
30th of January, 183 S.
The jury at once found a verdict for the defendants.

COURT OF BANKRUPTCY.—Yaerzipmr.
Sanas Ma. Collawatosiza Goturou.
Tun St. Amersn's Bann.
This was the certificate meeting in the cue of J. S.
Storey, described as a banker, of Si. Athol's. He had also
practued as a solicitor.
Mr. Hawkins supported, and Mr. E. James opposed, on
bcbalf of Mr. Charles Marett, of Southampton, trustee and
executor under the will of the Rev. Caleb Lomax.
I The report of the orient assignee stated that the fiat was
I dated 9th Dee., 1848, on the petition of Moen. Ous,
and Pooley, attorneys ; but eleven months had elapsed be-
fore the accounts were fled. The bankrupt had commenced
business in 1804, in partnership with Mr. Capper, who died
in 1807. He afterwards joined Mr. Martineau as hanker ;
that partnership was dissolved in 1829, and the affairs were
thrown into chancel,. A compromise was made, by which
the bankrupt said he had sustained considerable loss, as he
then mortgaged a great deal of proptrty, which had been
since sold to a disadvantage. He had carried
on basinees alone till the date ot th fiat, when
he owed to unsecured creditors 11,0141. ;e to secured
creditors, 4,2831. and his liabilities &minuted to 1281.
The seeuri•ies had been realised, and predated an suitable
surplus of 7311., which was taken as an asset. The good
debts bed produced 1,1941; 1,4001. were yet uncollected.
A dividend of 5,. in the pound had been paid, and there
would he a further dividend of a few shillings. The pro-
perly was estimated at 3,1251., makiec, with the other assets,
6,7871., to pay 11,1371., leaving a deficiency of 4,3501. The
capital on the Ist Jan. 1840, was put down at 5,6421 36.102.,
the profits at 3.5,6871. ; hank and professional expenses,
17,8351.; domestic and personal expenses 19,100/. (at the
rate of nearly 2,00 W. a year); doubtful 'debts, 8031. had
debts, 1,3241. ; losses, 6,2.631. • liabilities, 1261. All these
figures were derived from the tiooks, except those Mailed to
the property and the capital, which were estimated. The
bank books had been kept very regularly, and balanced
quarterly. Other books had been tept by him as a solicitcr ;
bet neither his profits nor his expenses in that capacity had
been made the subject of accounts, and it had been necessary
to make out very volumicous supplementary ledgers. In
this way four hundred bills of costs had been made out. The
ion of 6,2851. consisted principally of the difference between
the value of the property as estimated in 1840 and what it
bad since reali-ed, being a sum cf 2,4401. The repairs had
seat 2,3001., and the lose on the household furniture was
1,0181. The bankrupt had rendered every assistance to the
assignees.
Mr. James said that Mr. Mont , the opposing creditor,
bail proved for 1,6171. The opposition was not at all via
illative, but was in Mr. blarett's character of executor to the
Rev. Caleb Lomax, whose rectorial tithes of 5401. a year Mr.
Storey had received, in his character of attorney, for some
year.. The circumstances involved a br.ach of trust on the
pert of the bankrupt. Mr. Lomax dying in February 1848,
Mr. Marett was appointed his executor; and there was
then due a large sum to the estate of the deceased. 'the
bankrupt, when applied to, did not pay the arrears, and bad,
moreover, received 7001. on the same account subsequent to
Mr. lannsx's death, making the whole sum due 1,5161. A
writ was served in October 1848, which the bankrupt set I
amide on some technical grounds. Ile then defended the
action, thereby incurring an expense of 331. The cause was
set down for trial, and on the dip it was to come on, a fi at
was taken out by Messrs. Gem and Nulty, the bankrupts
London agents, end his attorneys in the action. Of the Tal.
expenses, great part had been incurred in trying to get the
venue changed from Middlesex to Hertfordshire, to obtain a
delay in the trial till the Lent 1104iZeS.
Mr. Lowtoa, attorney to the opposing creditor, proved ap-
plication to the bankrupt in Oct. 1648 for settlement of Mr.
Lousai's account. The bankrupt, in answer, promised an
arrsogementin a fortnight. There had been many former
applasetions. A writ was issued; and the attorney at St.
Alban's having unfortunately copied it on an Exchequer In m
instead of a Queen's Bauch one, it was set aside for inset.
tarity. The venue was laid in London: defendant got it
engaged to flertenrdehire, hat it was brought back to L ra-
don. Hs pleaded the general issue The cause was set &Awn
Icr the sitti p after Michrelmas term. 'Lee bell of coat we,
331.—1 n cross-examination he said the writ had not been
set saide, but he had to pay 28e. W. costs is consequence of

the irregularity.
A number of letters which had pored between Mr. Idarett
and the bankrupt were read in evidenv. The bankrupt
alleged as a reason for delay the necessity of looking into sad
arranging the accounts. It was ascertained by an iaspectists
of vie books that the bankrupt had received 1051. 7s. 84.
stOsequent to the death of the testator.
Tae bankrupt was briefly exaudned by Mr. Hawkins.
He mid he had been authorised to receive the rectorial tithes
Ice Mr. Lomax, who became imbecile in 1846. Different
parties wrote to him subsequently, bat he doubted their
authority.
The Commissioner—How very odd that, in the numerous
letters the bankrupt wrote, he should never once have
alluded to that circumstance.
Soma letters which had passed between the bankrupt cad
Mr. Edwin Lomax were put in, which contained au offer on
the port of the bankrupt, in September, 1046, to pay up the
arrears, on indemnity being given that he should not be
called on to pay it again. .Bankrupt said he paid 1,0001. at
that time, but retained tins balance of 1,4001., in consequence
of the indemnity not being given.
His Honour said this did not mend the case at all. The
bankrupt had no right, even if Mr. Lomas were imbecile,
thus to elect himself trustee of his property.
The bankrupt, on further *gamin/Awe, said he had been a
solicitor and banker in St. Alban's a great number of yesn ;
was clerk to the magistrates, and Clerk of the Peace for
Hertfordshire; also agent for Lord Yerulats, whose coufi•
donee he still retained. His large domeric expenses was
owing to his having had three fannies to maintain. He had
been separated from his wife ; his suns had been a great ex-
pense to him ; one had been affect, in his mind, and he
(the bankrupt) had had to support his family. He had also
1%4'4 to contribute to the support of the family of his third
son. Gam and Co., the petitioning creditors, sent down
i Mr. Reynolds, theircentilential clerk, to St. Alban's, oa the
bank being stopped. There was no previous arrang.ment for
his bankruptcy. Before that he had no idea of his ingot-
, vanity, but expected to pay entry farthing in full.
Mr. James said his client would be content with any judg.
sant the court thought fit to pus. He wished not to press
the ease s•rorgly against the bankrupt, whom he bad known
as a respectable solicitor for many years on circuit.
Mr. Hawkins urged that the bankrupt had all along be
Erred himself solvent, and that his retention of the money
arose from the absence of any sufficient authority es to whom
.o pay it. The fact of his receiving arrears after Mr. Lomax's
death was justified by the authority not having been with-
drawn by the executor.
The Commissioner—But why, while Mr. Mann was
urging him for payment of the arreare, did he receive fresh
monies, without taking any notice whatever cf it is the car
respondence ? That appears to me to be the stress of the

came.
Mr. Hawkins submitted that there was no ground for
impeaching the honesty of Mr. Storey's intention.. Has
amounts were strictly accurate ; there was nothing like any
attempt at concealment. His only object was to obtain
delay, till he could realise his property more advaatarously.
Col. Vandermuren was priming him at the time fcr 2,0001.;
there wets other large c4iders against him ; and be I ad take•
the only proper course of closing his bank, coming to the
court, mad letting his property be equally divided amongst
his creditors. It sires much in his favour that none of his
liege creditors living in his immediate neighbourhood now
opposed him. His uniform hood conduct entitled him to an
immediate eertifiaat•.
The official 1121/411,0 pointed out that only 601. had been
received by the bankrupt subsequent to the death of Mr.
Loan:
Hie Honour said this case was one of great importance,
not more so to the bankrupt, with whom the reputation of •
life was of stake, in respect to the application of trus:dooncy,
than to the public at large, especiiilly at a moment when
frauds of this description were so common, end persons,
under the shelter of confidence, which turned out to be mi.-
placed, were receiving the money of others, sad applykg It
to their owe use. He would give the case his beat consi-
deration, and deliver his judgment at the sitting of the court
on Monday.

anon Yc. Ccennewona Munro.
RN DILAPIIILD.—Tai ITALIAN OPZIA, COVENT-GARDEN.
Mr. Lawr ince amid that in this came the bankrupt had
made certain deeds of ar *anent a property at Willow. bat k,
hi. residence, which had subsequently been sold by Meese..
Farebrother, the auctioneers, for neittly 9,0001. las nag-
sees bed given notice to Meters. Farehrother, claiming this
money on the ground that the assignuteni w‘s nut valid. Mr.
Beale also had sued Messrs. Farebrottor fora lam Pardon
of this sun, and bad put in an interpnador. lb. matter
had been before the Vice.Chainellor, and ►a a,:reement bad
Men entered into to pay the assignees I,Oliol. ; also to pay
TOOOl. to a prior mortgage, and the balance to Hr. Beale.
he Vice-Climsamllor considered this a re.sonable proYoaftioa.
as did two eminent counsel. Thu* was es yet no estir.e, the
bankrupt having denuded himself of all his property. The
major part of the creditors were artisks at the Opera :tow*. ;
the petitioning creditor's debt was 4,0001. or 6,004., and he
agreed to this proposition. Hie Honour was now asked,
under the 153 d notion of the new act, to ratify the pre,
needing,.