The Express.
London, England, 1848-01-20 00:00:00

Before Mr. Commis.,Sorter Genionns.
Ex.Atotanan Jonnsom.—THE RoMfORD BATti.—On
a former occasion the certificate of Mr. Johnson len re-
fused. Affidavits were filed a few days since, when an appli-
cation was made by Mr. Lawrence, upon behalf of the bank-
rupt, to the court to vesicle its decision.—Mr. Lawrence,
having this morning drawn the attention of the court to the
ease, Mr. Commissioner Goulburn said that he had carefully
perused all the documents which had been laid before him,
and that he had come to the conclusion that this was not a
Honour in which
h ought to alter Isis former judgment. His
hadoe doubt that he had the power in extreme
cases of reviewing his decision, and Lord Brougham had been
kind enough to send him the copy of a bill about to be in-
troduced in which the power of revision in certifi-
cate meetings would in all cases be given to this
court. Mr. Lawrence reminded his Honour that
in this instance the assignees had withdrawn their opposition
and the bankrupt laboured under the impression that he
could explain away many of the facts which seemed to bear
more particularly upon his Honour's mind, when he refused
the certificate. Use of these facts was, that the Bank at
Bamford had been carried on recklessly, and this he was
anxious that Mr. Johnson should be reexamined upon.—
Mr. Commissioner Goulburn said he considered that the
bankrupt, in Lis trading transactions, was under double ob-
ligations to his customers. Johnson had gone on receiving
deposits up to the very last moment before putting up the
shutters of the bank. Many of these deposit' were the earn-
ings of people's whole lifetime, and in the end they received
but 31. 6d., instead of 20s. in the pound. There could be no
doubt but that many had been brought to beggary
and ruin by this dishonest—repeated dishonest conduct—
taking deposits when he (Johnson) was in a state
of hopeless insolvency. Therefore he (the learned
Commissioner) would net Ten iew his former decision.
—Mr. Lawrence urged that his client's feelings were to have
returned the deposits taken immediately before the stoppage
of the bank, but had he done so every instance would have
been brought forward against him as a fraudulent preference.
No harm could arise from his obtaining his certificate, for he
was now 82 years of age, and was therefore incapable of
again entering into trade, and the more particularly banking,
as the public would place no confidence in him after what
had transpired.—Mr. Commissioner Goulburn said, it ap-
peared that Mr. Johnson had drawn out of the Rumford
Bank no less a sum than 50,8011., which hod been accounted
for in his personal expenses, the white lead concern to which
he belonged, and interest and discount. He (the learned
commissioner) would not suffer his sympathy or kind feel-
ings to be excited by an allusion to the very advanced age
of the bankrupt, and therefore in conscience and ut he
must refuse the application made by Mr. Lawrance.— dApy pli-
cation refused.

SURREY COUNTY COURT.
Before J. Y. Feuer, Y.sq., Jude.
EACOT? AND 0111.111 0. OTTAWAT.—A bAPTISTCHAPEL.
—This wee an action brought to recover the sum of 15s. for
damage alleged to bate been done to the door of a Baptist
chapel.—Flaintiffs are trustees of the Baptist chapel in the
parish of Chobham. It was built by an endowment of
Mr. Bartholomew, and the plaintiffs acted a. trustees under
deeds regularly executed. The Rev. Mr. Babbage had been
appointed as the minister, and resided in • house attached
to the chapel. The majority of the congregation feeliog dis-
satisfied with his ministry, the trustees, by virtue of the
powers vested in them, gave him notice to quit, requiring
him to give up possession of the house he occupied. Mr.
Babbage, however, refused to de so, and the trustees obtained
possession of the chapel. In • few days after, the defendant
Ottaway, acting, no doubt, under Mr. Babbsg.'s direrion,
came and forced open the chapel door, thus committing the
damage complained of.—llis Honour, on looking at the trust
deed, said that, although there were grounds for presuming
the minister of the chapel to be tenant at will, yet the right
to continued possession was nut so clearly defined as to
enable the court to adjudicate upon that potat. lie had no
jurisdiction in the case. It was a question of title, only to
be decided by a superier court. lice opinion was, that the
trustees were right, and the defendant, being a constable,
should not have made himself a partisan of the minister,
which he appeared to have done.

MIDDLESEX SESSIONS.
Before Mr. Watesby and a Bench of Marriltraten.
Imam POUR.—Mary Ryan, a young Irish woman, was
indicted for stealing potatoes of the value of 9d , the pro-
perty of Samuel AHoway. The evidence was quite conclu-
sive, and the jury found the prisoner guilty. The prisoner
said she had been refused relief at the Koneington work-
house ; she had asked for relief, but was told that all that
could be done for her would be to pass her to her own parish
in Ireland. She did not want to return to Ireland, so re-
fused the offer.—The learned Chairman said there was a poor
law in operation now in Ireland, and he could not see why
the thousands of Irish poor who were wandering about this
country, and especially the metropolis, should not
be sent over to their own country, instead of being
supported by the rato paying public here. 'They
seemed to think that they ware entitled to relief, and when,
instead of at once obtaining that relief, they were met by
an offer for their transmission to their own country, they
thought proper to charge the makers of such offer with in-
humanity towards them, and to set up the treatment they
bad received as an excuse for plundering the public. Such
a state of things was not to be endured, and it was accessary
that a marked example should be made of some who pur-
sued this course, to show that such proceedings could not be
carried en with impunity. The sentence was, that the pri-
soner be kept►
to hard labour for three calendar months, at
iih• cod of "obit& N•OtAbl vdly be
to Helena,
whether she were rliliing or not.

POLICE v
- _ESTERDAY.
RIDING A HORSE TO DEATH.
MARLBORO U 0 STRE HT.—Edward Nunn, Esq., of
Leamington, was summoned before Mr. Iltirdwick, for
having, on the 10th inst., wantonly and cruelly ill treated
and beaten a horse in the parish of St. George, Hanover-
square, of which ill-usage the animal afterwards died.—Mr.
Thomas, secretary to the Rnyal Society for the Prevention of
Cruelty to Animate, said Mr. Nunn had adinttted that he
bad ridden the mare from Leamington to London for a wager
—ten to one were the odds. Witness had evidence to prove
the great cruelty that had been exercised, and also that the
mare had soon afterwards died. Mr. Nunn wished to com-
promise the matter, but the society felt that this was a case
which ought to be prosecuted, and they had determined to
listen to no representations of the sort.—Mr. Nunn pleaded
guilty to the charge.—James Dorland said he saw the de-
fet.dant in Bond-street on Sunday night. Mr. Nunn
mime from the direction of Bruton-street. The animal
bad a man on each side of it ; one with a stick
was besting it. Mr. Nunn was spurring it, and he
-eintinued to whip and spur the animal until he arrived at
Long's Hotel, Bond-street. The sides of the animal were
bleeding, and blood was running from the anus of the animal.
Mr. Nunn got off the animal and led the way to some sta-
bles in Bruton-street. The mare was carried rather than
led to the stables. The animal was apparently unable to
drag one leg after the ether, and presented a pitiable sight.
—Mr. Nunn, on being asked if he had any questions to put
to this witness, said, 'No ; he had no defence whatever to
make."—D. Watson, constable to the Royal Society for the
Prevention of Cruelty to Animals, said he went to the 'tables
and found the mare was dead. It had been disci
The animal's lips were black with inflammation.
went to Leamington to serve the defendant with a auto..._
The defendant said it was an unfortunate business, and he was
sorry it had happened. He wished to know if the matter could
not be compromised, end whether be could not be spared the
necessity of coming to town to answer the complaint.—
Another constable of the Royal Society for the Prevention
of Cruelty to Animals, named Smith, said Mr. Nunn called
at the society's office in Pall-mall, to knew if, by payment of
a sum of money to a charity, the society would abandon
further proceedings—The first witness was recalled, and he
said when be saw Mr. Nunn in Bond-street, it was about 12
o'clock on Sunday night, the 9th inst.—Mr. Thomas said
this was the case —Mr. Hardwick : What answer have you
to make to the charge ?—Mr. Nunn : I have nothing to say
in justification or extenuation beyond this. that I regret
exceedingly the termination of this unfortunate affair. The
whole thing was done in a frolic, but had I conceived that
the death of the animal world have been occasioned I
would not have done what I did en any consideration.—
Mr. Hardwick: The circumstances, as detailed in evidence,
give rise to no other feeling than that you have been guilty
of a gross and wanton act of cruelty. To this cruel act you
were moved by a base and sordid purpose. For the paltry
gratification of winning a sum of money by wager you did
not hesitate to subject your horse to the most cruel torture,
and to death itself. The penalties of the law (or such eases
are wholly inadequate. It is a mere mockery of justice ta
inflict a fine of 40a. on a person of your station. Instead et
this small fine the severest punishment ought to be inflicted;
but as the law forbids this, there is nothing left than to ex-
press censure, indignation, and reprobation of this act in the
strongest manner. You have degraded yourself by the
commission of an act of cold-blooded brutality, and you leave
this court disgraced with the charge of having committed en
act of cold-blooded barbarity to this animal from sordid
motives. You are flied the full penalty of 40s. and expenses.
—Mr. Nunn pulled out 601. in bank-notes, and placing them
in the hands of Mr. Thomas begged again to express his
regret at what had occurred, and his thanks for the courteous
treatmenthe had met with from the society, and more espe-
cially for the society having refused to compromise the case.
He desired that his fine and expenses might be taken out of
the money he had placed in the secretary's hands, and the
balance handed over to the funds of the society.—Mr. Hard-
wick remarked that it was creditable to Mr. Nunn to find
that he was sensible of his fault, and was willing to make ell
the amends in his power.—Mr. Thomas said he was in hopes
that the legislature would be induced to make the law against
cruelty to animals much more stringent in the ensuing
session.
ACCIDENT ON THE SOUTH WESTERN RAILWAY.
LAM BET ll. W. Jones and L. Flemming, the former an
engine driver and the latter a stoker in the service of the
South-Western Railway Company, were further examined
on a charge of having caused the death of David Markland,
on Friday night last. Captain leffin attended from the
Board of Trade to watch the proceedings. Mr. Young, the
amistant-superintendent of the railway, was the first witness.
Mr. Union, for the company, requested Mr. Young to read
the 66th rule, which was as follows :
During the whole of the journey the enginanan must keep a sharp
look-out forward, standing in such a position as will enable him im-
mediately to work his engine as may be required, and so that be may
instantly observe any obstruction which may be upon the road, or
signal which may be given to him for his guidance, to which he maid
pay instant attention, whether be knows or understands why ft is
given or not. The fireman must also keep a sharp look-out forward,
and frequently backwards, to the train, to see that all is right, and be
preppared to receive any signals from the guard; and he must be in a
Position to use the brake upon the instant appearance of any signal
or otedructlon, and remain there until the train is brought to rest, or
inrush a manner gamey be required.
In reply to the questions of Mr. Elliott, Mr. Young mid
that seeing the luggage train apt roach at such a rate. and
perceiving no apparent disposition to stop, he desired Mr.
Ward, one of the company's clerks, to proceed down the
line, and he (Mr. Young) also ran down the line about 60

Witnesi