The Express.
London, England, 1846-12-14 00:00:00

THE EXPRESS MONDAY EVENING, DECEMBER 14, 1846.

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by a true statement of facia, feeding to th cones e conclusion that
the plaintiff intended to quit the country, en though
the party.
.applying might know that there was in fact
no such Intention, we do not think that there is any
ground of action, though an order so obtained should
be set aside. Undoubtedly, therefore, the absence of
any allegation of falsehood and fraud in such a declara-
tion as this would be bad on special demurrer; but
this case arises after verdict, and we are of opinion that the
general allegation that the defendant falsely obtained the
order is sufficient. The rule must, therefore, be discharged.
—Judgment accordingly.
Nth PRlM—Bei:re Sir P. Pollack, C. 8., and a London Common Jury.
SDOIONDS V. MUNIS, M.P., AND OTHEBB.—TILAPPIC
TAILING TOR RAILWAVIS.—This wit an action to recover
i 051., for work and labour, in the capacity of traffic taker,
performed by the plaintiff for the Southampton, Man-
chester, and Oxford Junction Railway Company. The de-
fendants, who were sued 1111 members of the managing com-
mittee, paid 3001. into court, contending that that sum wee
amply inifficient for the services rendered.—Mr. Rumfrey,
Q C.,. and Mr. Bagley conducted the plaintiff's case.—Mr.
Martin, Q.C. ?dr. Cleasby, appeared for the defendants.
--It appealed from the evidence of Mr. Renton, one of the
company's engineers, that the plaintiff, on the 22nd Sept,
1843 agreed with the managing committee to take the
traffic on the proposed line, to deliver proper tables, and to
support them by evidence before a committee of parliament,
at the rats of 151. per mile ; one-third to be paid when the
duty of taking the traffic commenced, another third when
the tables were delivered, and the remainder when the com-
ny had their bill gamed by the committee. They
did not, however, bring the bill before a committee,
the celebrated panic having prevented the payment of a
sufficient amount of deposits to entitle them to succeed,
last session, and no notices were served for the ensuing ses-
sion. Under those circumstances it was contended that as
the entire of the plaintiff's undertlking had been performed,
with the exoepticn of his attendance before the committee
of parliament ; and as the defendants, without any default
of the plaintiff; had neglected to go before a committee, the
plaintiff was entitled to recover the third instalmen deduct-
ing about 501. as a proper sum for his attendance ass&witness
before that tribunal. It WIS insisted upon, on the other
hand, that the plaintiff could not recover any part of the
third instalment until the bill went through committee, and
*at as the project had not been formally abandoned, his
right to any portion of that instalment had not yet accrued.
It was also contended that the traffic tables wostere
unintelligible not properly
prepared : and much uninteresting and alm
evidence having been. given upon this point,
owned sugges-
tionon the sugges-
of the tort! Chief-Baron the coo was adj
after four o'clock, with a view to facilitate an arrangement
between the parties.
___---------

ASSIZE INTELLIGENCE.
NORTHERN CIRCUIT.—LIVERPOOL, SATURDAY.
ATTEMPT TO MURDER IN A FIT OP JEALOI:BY.--G
Mitchell, a steam-loom weaver, of Oldham, was indicted
for assaulting his wife, Ann Mitchell, with intent to murder
her. On the morning of the 29th September, the prisoner
got up at five o'clock, to go to work. He returned between
six and seven, and discovered a lodger, named Th
Dymond, (who slept in the same room), close to her bed.
He assaulted Dymond, and accused his wife of infidelity.
Two hours afterwards, he asked her to go up stairs to have
some talk. He threw her upon the bed, and attempted to
cut her throat; but the wife's motherrushed in, and stoonsu pped
further violence. The jury, after half an hour's clta-
tion, found' verdict of Guilty with inten
mmt to mending the
urder,
under circcircumstancesof supposed wrong, reco
prisoner to mercy. His lordship said
ben it w tenould of death
would be recorded upon the prisoner,not be
carried into effect, and he would remain to be dealt with
according to her Majesty's pleasure.
Jane Sprout and Ass Jones were severally conanvicted of
concealing the birth of their illegitimate children ; d sen-
tenced, the former to six, and the latter to four, months' im-
prisonment- This case concluded the assizes.

YORK.
Mr. Justice Williams on Friday passed sentence upon
George Adamson, the boy convicted on Thursday of
having attempted to poison his master's family at Wakefield.
Judgment of death was entered on record against him, with
an intimation that it will be mitigated to transportation fee
life.
Daniel Bradley was charged with having attempted to
commit a felony ia the granary of Mr. Hotham, Pock-
lington. The prisoner was found on the premises and
attempted to escape, when he was pursued by Mr. Benham,
who was armed with a fork. On Bradley trying to leap a
hedge, Mr. Hotheun stabbed him in the thigh, from the
effects of which he fell and was secured.—The judge observed
that it was a great mistake on the part of persons who sued
pore they had a right to inflict personal injury in the defence
of their property. Had the prisoner, in this case, died from
the injuries inflicted on him, the prosecutor would have been
liable to a prosecution for manslaughter at least.—Bradley
was found Guilty, but in consideration of the serious
for injuonery
he had received he was sentenced to be imprisoned
month only without hard labour.
John Joseph Hall (17) was charged with having, on the
17th of October, at Leeds, attempt( dto set fire to a count-
ing-home, the property of Joseph Robert Atkinson, and
others, his partners, with intent to injure them—The case
excited much interest on account of the respectability of the
prisoner, who was • clerk to Mews. Hives end Atkinson,
extensive flax-spinners at Leeds. He was indicted under an 7
act of the last session, 9 and 10 Victoria, cap. 25, sec. ,
which makes the attempt a felon eth inmpletion oftent to do injuthe
ry
be proved. Formerly it required the co
offence to constitute the felony. Some time previous to the
occurrence, it was found that the prisoner was in
arrears with his books, and was ordered to work early
and late to " bring up" his work. The Saturday nig
WAS excepted, because on that day the premises were usually
closed at four in the afternoon. On Saturday, the 17th
of October, however, the prisoner remained at the office
until between seven and eight in the evening, when he left,
having previously put up the shutters and locked all up,
which he had never done before, and had no business to do
it, inasmuch as a lodge-keeper is engaged for such purposes.
Soon alter the prisoner had gone, it mu discovered that that
part of the building where the prisoner had been working
was on fire ; but the damage done wasonly trifling. It was
cluded at once that the act had been committed wilf
that
ully,
oncnd suspicion fell upon the prisoner.—The defence was
sad suspicion feU upon the prisoner.—The defence was that
the fire was the result of accident, which was attributed to
the use of a candle by the prisoner in a closet in which ther
walle
was an office-coat hung upon a peg fastened into the ,
and which, it was suggested, had unobservedly come in con-
tact with the flame of the candle.—The case occupied the
entire day, and at eight o'clock in the evening terminated
in a verdicCof Not guilty, which was received with loud
--lution by a crowded court.

POLICE.--S•ilifiDAT.
GUILDHALL. INGENUITY AND FRAUD. Joshua
Catchpool, • draper's assistant out of place, was brought
before Mr. Alderman Sidney, charged with obtaining goods
by false pretences in the name of his late employer. The
prisoner was for three months in the service of Mr.
it aboutL
•
draper in the Commercial-road East, and quitted
the middle of November. On the 30th of November he
presented himself at Messrs. Felkin's, in the Old Change, of
whom Mr. Ling was in the habit of making purchases, and
selected two pieces of blue cashmere, worth 3/. 145., which
he declared were for Mr. Ling. On being asked by what
conveyance the goods should be sent home, be repliedd,
the
" I
will send you a pat oal from Morrison's, to be packe in
same parcel." It is a frequent occurrence that buyoodsers pu
r-
chase at several wholesale houses, and have the g m
to one, to be packed and forwarded. In an hour the pond
from Morrison's arrived, addressed to " Mr. Ling, Com-
mercial-road." This threw Messrs. Felkin off their guard,
and they assumed that the prisoner had been ides-
tified as Mr. Ling's servant at Messrs. Morrison's before they
parted with their goods, and, therefore, the two parcels were,
without hesitation, delivered to the prisoner when he after-
wards called at Felkin's, and said, " I am inn hurry for
these goods, and will take them home mys" Messrs.
Felkin were assuming that the prisoner', was known while
at Morrison's, the latter were assuming tlyit he was known
at Felkin's, because the goods were tb be there to be for-
warded to Mr. Ling's, ant deliv#ed at his house. At
Messrs. Morrison's the prisoner nuked for about eighteen
yards of black velvet, such as Mr. Ling had purchased there
about • fortnight ago. There of the piece was
found; it measured fifteen yards, and was worth about 61.
10o.; and the prisoner had it entered to the account of Mr.
Ling, requesting it might be sent to Messrs. Felkin's, to be
forwarded with some other purchases he had made. He did
not wait for the making out of the invoice ; the packer
neglected to enclose it in the parcel, and it was forwarded
the same day, by post. Detection was the consequence, for
Mr. Ling came forward and said he bad neither ordered nor
received such goods. A description of the culprit caused
suspicion to fall on the prisoner, and he was apprehended and
identified by the servants at both the warehouses.—He was
committed for trial.
CLERKENWELL.—SexciEn.Furness and H.
Hicks, two wretched-looking men, were charged with steal-
ing two leaves, value 241., from the shop of Mr. D. Forgan,
in Hatton-garden. On Friday evening, while attending his
business, the prosecutor heard his shop windows broken, and
on going into the street to ascertain the cause, he saw the
prisoners with a loaf each, which they were eating
ravenously. He followed, and a policeman being near, he
handed them over to his charge, and when he examined the
stock in his window, he mimed the loaves found on the
prieoners. Mr. Combo asked the prisoners if they wished
to say anything ? They said they had been out of employ
for many months, and had recently come from the North in
search of work, but bad not been able to obtain any. For
many hours previous to the robbery they had wandered
about in a famishing state, and being at length driven almost
to madness, they committed the act with which they stood
charged, to procure food and shelter fmni the inclemency of
the weather.—Mr. Combs informed the unfortunate crea-
tures that the offence they had committed amounted to &bay,
glary, and it was consequently his duty to commit them te
Newgatelor trial. The prisoners seemed thankful that they
were
there, and complained that they were then nearly
ping
dead from want—Mr. Combo expressed his surprise, and in-
quired if they bad not been supplied with food since they had
been in custody. They said they had not, and supplicated for
nourishment, which the worthy magistrate ordered that they
should be immediately supplied with, remarking that it was
evident to him, as it must be to every one present, that dis-
tress of the mat awful kind had made the defendant, become
felons, and to lock them up after they had committed the
deed and keep them without food for seventeen hours, was a
matter inexplicable to him and painful to his feelings. The
prisoners, ewer partaking of all that
was necessary for their
immediate wants, were removed to Newgate.
VOLUNTARY ATFILIATION.—A young couple, very re-
spectably attired, who appeared each about 19 years old,
presented themselves before Mr. Combe, the female carrying
in her arms an infant about a month old.—Mr. Combe :
"What is your appti,:ation : " Ohl la, the buy

is to be sworn to me, and really, sir, the sooner it is dune the
better, that I may know how much I have to pa
on y a a
week."—Mr. Combo: " Have you been brought here
warrant?"—Applicant : "Oh dear no, sir. I come here vo-
luntaril."-16.. Combe: " I cannot interfere until you are
Noughtyto the court as directed by the act- You must come
on a warrant."—Applicant : "The, sir, I'll take a warrant
out against myself directly." (Much isaithter.)—Mr. Combe
You cannot do that. The young woman must apply for
one in the usual way."—Applicant: " Very well, sir. Th)—She
ank
you. She shell do it at once." (Roars of laughter.
did so, and it was granted, and ordered to be heard on a
future 'day.
MARLBOROVOH-STREET.—Am AGENT you scan
ay on Wore, who was remanded from
Tuesday on a charge of stealing articles of jewellery valued
at 5001, from Mr. Linnet, late of Argyll-place, jeweller, Wei
again 'brought up bofore Mr. Long.—Mr. Reardon, Mr.
Lawton's manager, applied for a remand, as Mr. Linnet was
unable to attend owing to the death of his son, and the dan-
gerous state of hie daughter, who also was on the point of
death.—Mr. Bolton, solicitor for the prisoner, contended
that there was not sufficient grounds on which to remand his
client. He was pis to go into the case, and produce
evidence that it was • mere business transaction; and he
could produce letters received from the Queen's and Prince
Albert's secretary, which would prove that they had ordered
the prie(Mer to select the various articles of jewellery, which
were obtained in the usual way of business, and with the
consent of Mr. Linnet to give credit. lies,
therefore begged
the magistrate not to grant the remand, but immediately
discharge his client. —krt. Long said the charge was one of •
very eeriousnature, and as Mr. Linnet was unable to attend,
he should remand the Owner till next Saturday.
AN Arrnarr TO SUMMON A BISHOP. A cabman
cap lied fora summons against the Bishop
of Norwich, for
to pay him his proper fare. The cabman said he
took a y from Audley-square, and set her down at the
Bishop of Norwich's residence. The lady went into the
bowie, and sent him out la. 4d. as his fare. The fare was a
shilling more, and he insisted on being paid the correct sum.
The Bishop of Norwich came to the door, and denied that
any lady was in the house. Applicant insisted that his lady
fare was in the house, and requested either to have his
money or her name. The Bishop refused to accede to either
request, and complainant now sought to obtain a summons
11 against him for refusing to pay his legal fare. Mr. Long said
be could not grant a summons against the Bishop of Norwich.
1 The party to be summoned was the lady, and the cabman
must, therefore, do his best to get at her name and address.
SOUTHWARK.—Asestivr.—lV. Hillier, a livery stable
keeper, in Wellington. street, Blackfriars-rosd, was charged
with assaulting Mr. J. Stowe!, an officer of the Stamp-office.
The complainant went to the defendant's premises for the
purpose of seizing two cabs and two plates, the duty on which
had not been paid. lie exhibited his warrant, and was pro-
ceeding to mike the seizure, when he was assaulted ky the
defendant.—ln the course of the inquiry' it was stated that
the government was defrauded to a considerable extent by a
practice prevalent amongst the proprietors of cabs, of chang-
ing or lending their plates to other parties, and by that means
avoiding the duties.—The defendant was fined 20e. and cosmts.
HAMMERSMITH.—J. Nash appear
charging "that ed to answer a su-
mons, under the General Turnpike Act,he
being, on the 3rd day of December instant, a collector of
tolls, at a certain turnpike bar, set up by authority of par-
did, then and there, upon the legal toaallldbregiln
obstruct,iglf:utelflnroydmered passing un-
!lament, in the Addison-road, in the parish of Kensington,
lawfullyh
throughinTd e
er , d et andand
fhe en prevent
unnecessarilyind t p:
je nnbao.trdPgeitaiifht ; a
certainM
a a nv
nd ggigr
duced witnesses in support of the case, Mr. Doggett, on the
part of Lord Holland, explained that the gate in question
was the property of his lordship, and had been set up by the
advice of the solicitors of the late Lady Holland, for the
purpose of preventing persons driving along the Addison-
road, which was a private one.—After a somewhat lengthy
discussion, Mr. Clive decided that the bar in question was
not one authorised to be put up by parliament, sue
that the
road was not a public one.—The summons was accordingly

llf ON.E Y 11.4 BEE T.
SATURDAY EVENING.
A more than common dullness has weighed to-day
upon the funds, which at length eventuated in a partial de-
cline of prices. Consols, after oscillating between 931 to /,
the greater part of the morning fell to and closed at 931,
ex-dividend sellers for the opening. This would be equal,
at the prices as last quoted with the dividend, to 951 sellers.
Reduced Threes, 941. Three-and-a-Quarter per Cents., 96
to 4. Long Annuities, 91. India Stock shut at 258 to 60.
Bank Stock, 206 to 7. Exchequer Bills further improved to
Ils, to 14s. premium. India Bonds, 17s. to 225. premium.
The rise in Exchequer Bills may probably be the result of
purchases for temporary investment by some of the railway
companies whose calls have been paying up.
The transactions in foreign stocks have been of a very
limited amount, and prices barely supported when not in
decline. Mexican were 231 to 1. 13rsailiau, 85 to 7. Spa-
nish Fives, 26 to ; the Threes, 371 to 1. Dutch Stocks
were not so good, and leas in demand ; the Two-and-a-Half
per Cents. at 60 to the Fours, 921 to 1.
The Bank of England averages for the week ending the
6th instant give, as compared with those of the week preced-
ingt,attrwing results
Issue A28,269,105
Circulation—Active 19,866,803
Public deposits 8.612,488
Other deposits
Government eecurltiesin
Banking Department.. 12,807,417
Other securities 13,813,212
Coin and bullion
7 day and other bills ... 095,483
ea
crease 47se 3,764
,118
The Rest 8,432,203
De
There is no feature about these returns, save the some-
what extraordinary decrease of the Rest. It was encroached
upon to a small extent according to the returns of the week
preceding, but here we have a further diminution of the
fund equal to more than 11 per cent., at a time when no
quarter day's salaries, or dividend on Bank Stock, had=
rently to be provided for. This is one portion of the
accounts which, as at present made out, must remain a aye-
ter y to all but the initiated within the walls.
The abstinence of the Bank directors, at their weekly
board on Thursday last, from present interference with tbo
rate of interest does not seem to have gives eaddeeden in •
certain quarter, where now, strangely enciegh, the eld awn&
ant of the Bank has become, or assumes to be, its mod
devoted advocate and exponent, or rather perhaps of owe
particular section of the Bank-parlour. For, although pee-
, haps little known, the fact is well understood to be that ten
opinions, therefore two parties, divide the Bank direction on
financial questions and management, one of which has long
been understood to speak through the Morning Post, whilst
the other has now found an organ in the Times, if the pre-
tentions tone of the Money Market article of that paper ef
I late may be accepted in the light in which evidently Interim&
by the writer.
Now since, some weeks ago, the question of an advisee
in the rate of interest was seriously mooted, and known to
be pressed upon the Bank board by some of its membesni
the grave inconveniences of such a step, at a season of the
year when a general balance of accounts was coming on midi
impending, were demonstrated in considerable detail, mad
earnestly urged under this head against its adoption. Those
representations and remonstrances have been repeated since
more than once, without, so far es appears, any co-operation
in the same views on the part of other journals, although as
we know, they met an echo in, and represented the feelings
of, the mercantile community. It has been, therefore, with
no small satisfaction that we have witnessed the course of
the Bank hitherto in conformity with opinions so expressed,
and considerations the potency of which could scarcely fail
to be acknowledged.
Annoyed, perhaps. that recusant directors should have a
will of their own, and that will rebellious to his dictation, the
Times writer now threatens them with the consequences.
Adverting to the continued decline in foreign exchange, he
proceeds to observe that, " it is now almost certain that the
question whether under our present circumstanoesup efflux
of several millions of bullion can take place without produc-
ing any serious effect, will speedily be put to the teat. * • •
On this point the Times has stood alone." The ,thlenthity
of this pretended isolation has in it something ludicrous.
No one journal within our knowledge has ever djiuted the
fact, or has otherwise than contemplated a serious disturb-
ance of money values, as the inevitable result of an abstraction
externally of millions of metallic values, from the Bank trea-
inry, or from general circulation. More thin six months
ago we drew attention to the disordered state of money mar-
kets abroad, and to the then, as since, existing deficiency of
hard money in Vienna, Berlin, Hamburgh, and Amsterdam,
where the circulation is essentially metallic. The scarcity
was exclusively attributed in those places to the mania of
railway speculation, and the extension of railway enterprise,
but doubts may be fairly entertained of the absolute correct-
ness of such a conclusion. The result of excessive specula-
tion on objects of internal utility could not diminish the
quantity of money in reality ; its action would consist in
hampering or injuring credit, and so leading to a curtailment
of accommodation. Bankers and capitalists, at such a time,
would close their strong boxes of coin and bullion. Railway
works would, in proportion of their extent, cause only
a new distribution of money values ; these would flow
from the central money marts, and be diffused
throughout a larger surface of country. Doubtless,
being in the country, they would return as the
blood to the heart, but in much slower progression than the
outflow. The difference of movement inwards would be as
hundreds to tens of thousands outwards in the same period
of time; but the values would return sooner or later. The
long-continued monetary depression in Germany must, there-
fore, have had some weighty auxiliary cause, and we can
scarcely err in attributing it to the deranging influence of
deficient harvests, and the necessity of seeking the required
supplies elsewhere at the cost of payments in hard money.
It was suggested at the time that, eventually, the high rates
of interest ruling in those continental money marts might
induce some transfer of capital from this country, or an im-
port there of silver if not gold, either direct, or indirectly
through exchange operations, which substantially would
amount to the same thing, by staying the egress of the metals
with destination here or elsewhere for commercial liquida-
tions, or by procuring them elsewhere through the financial
combinations terminating in this country, as rates of exchange
were favourable, and payments readily resolvable in gold, if
wanted, which it would not be, as the value was higher here
than abroad. The Morning Chronicle followed some time
afterwards in nearly the same vein, but with such repeated
exaggerated apprehensions of the effects forthwith to ensue,
that in the public interest we thought it right to rebuke its ,
fervour in the pursuit of a favourite theory, of swelling every
incident of the kind, and every trivial variation of the money
market, into the commencement of a drain of bullion and a
sort of money panic. The Morning Post did not neglect
also to point to the signs of the times abroad. The Times
alone, then really " stood alone." It showed no sign
of life, no sense of coming danger. Not a word of caution,
or forewarning, then, or until within the last fortnight, es-
caped the oracle wl.:611 now toasts of its cmnisticucc. It