The Express.
London, England, 1853-04-08 00:00:00

THE EXPRESS, FRIDAY EVENING, APRIL 8, 1853.

Ea b 3 intelligence.

HOUSE OF LORDS—YrsratatY.
Arrimi.

Their lordships were occupied until one o'clock with
hearing the arguments in a part heard appeal of Wishart v.
Wyllie, when the Lord Chaucellur stated that he was sum-
moned to attend her Majesty, and the farther hearing must
be postponed until Monday.

ADMIRALTY COURT.-YESTERDAY.
limas DIL LUMINOTON.
THE PERM—DA/IMM.

This was an action brought by the owners of the late
collier, Mill Hall. "gaunt the steamer Perth, belonging to
the Dundee and Perth Steam Packet Company for run-
ning down their vessel on the night of the 16th of December,
18.51. The Mill Hall, a brig of 156 tons, was returning io
ballast from London to Seaton Sluice, Northumberland.
When off the coast of Norfo`h, and at about one o'clock in
the morning, her look out observed a steamer approa, hing.
Her green or starboard light was alone visible, and the
mu:er 'opposing that she would therefore have passed
clear, ordered the helmsman to keep the brig steady.
When the steamer bad arrived within four or five times the
length of the vessel her red or hub iard light was suddenly
opened, and the green light closed. The crew of the collier
called out " Steamer ahoy ! You're coming into us." The
steamer, however, took no notice, and ran into the brig ;
but the two vessels immediately afterwards swung clear.
The crew of the Mill Hall finding their ship sinking took
to their long boat, and in a quarter of en hour atter the brig
sank. The steamer disregarding all the cries of the sailors,
continued her course, and was soon out of sight. The
muter and crew of the Mill Hill were afterward" picked
up by a fishing smack, and taken safely into Cromer. The
an.wer of the crew of the Perth, a vessel of 378 tons, was to
the effect that they were on their way from Dundee to
London with a cargo of general merchandise when the col-
lision occurred ; and that the Mill Hall showed no light,
ond was alone to blame for the accident ; that the engines
had been stopped immediately after the collision; and that
after waiting ten minutes and hearing nothing of the other
vessel they had supposed that no material damage had teen
done, and resumed their voyage.
The Queen's Advocate and Dr. Twigs appeared for the
Mill Hall ; Drs. Addams and Curteis for the Perth.
The Trinity Masters, by whom the court was assisted,
stated their opinion that the steamer was alone to blame.
and Dr. Lushiegton pronounced for she damage with costa.

COURT OF BANKRUPTCY.—YESTERDAY.
Bs.rom Ms. COllllll/11110W HoLam,.
IN DI MACKTALAR AND HAMPSON.—PILOCLAMATION OP

OUTLAWRY.
This was the adjourned last examination meeting in the
cue of Delman Jas. )(scimitar and Charles Hampsen, who

had carried on as extensive business as shawl-w.itrehOuse-
men, in Gresham-greet. The accounts have been already
published. Their liabilities are near 40,0001. ; assets about
5,0001. At the last meeting Mackeller did not appear ; and
it was stated that he was out of the country. Hammon
was examined, and from the disclosures then made as to
falsification of the books and other matters, application was
made to withhold the protection. Neither of the bankrupts
now appeared.
Mr. Reed, representing the assignees, stated that the last
sitting had been adjourned at the request of Mt. Linklater,
on behalf of the defendant Hampeon. lie bad yesterday
received a communication from that gentleman, stating that
lampoon would not be forthcoming. Mackellar was not
presmt at the former meeting, nor was he expected to

aPP!ar•
Mr. Linklater said he had had a letter from Hampton,
_ _

stating that he had left London from domestic circum-
stances, and should not be present at the meeting. Whether
he was likely to return at all was uncertain. Perhaps the
severity of his friend might have driven him from the
country.
Mr. Reed said he should apply for an adjournment sine
die; but the assignees could not allow the matter to rest
there : they should apply for • certificate to arrest the
bankrupts under the 257th section. Ile believed, despite
the assertions to the contrary, that Blackener was is Aus
trolls, and that Hampeon was on his way to join him there.
The assignees, therefore, meant, in whichever of our colo-
nies the bankrupt' might be found, to bring an action on
that certificate. He conceived that the set gave them
power to do so. If bankrupts, by absenting themselves
from meetings, could place themselves beyond the reach of
justice, it would be extremely hard on the creditors. He
submitted that both bankrupts bad brought themselves
within the penal clauses, and that protection must therefore
be withheld, and the wad certificate granted.
The Commissioner—l do not think it necessary that I
should adjudge the bankrupts guilty of any particular
offence under the penal section. As this is an adjourned
meeting for the last examination, and as they are not
present, they must be proclaimed in the usual way, and of
course no protection will be given. Then the assignees or
any judgment-creditor may apply for a certificate under
the 257th section.
Mr. Linklater—All my friend would want would be a
memorandum at the foot of the proceedings adjourning
the bankrupts sins die, that the protection was withheld.
The Commissioner—l should not adjourn them sine die,
but order them to be proclaimed.
Mr. Linklater—That would not entitle my friend to his
certificate.
Mr. Reed—Except under :the 256th section, the only
power the court has of withholding protection is under
the 162nd section; and then there must be an adjourn-
ment sine die.
The Commissioner—lf a bankrupt does not surrender at
his last examination, or any adjournment thereof, and no
lawful excuse is submitted, he is guilty of a very serious
offence. The time for finishing their examination is now ;
they are not here—the examination cannot be going on
after the bankrupts are proclaimed outlaws. Then, if the
court refuses to grant them any farther protection, any
creditor who has proved is entitled to a certificate putting
him in the situation of a judgment creditor, and enabling
him to issue execution.
Mr. Reed—As it is really the intention to enforce these
certificates abroad, I am anxious to guard against my not
bringing myself fully within the clause. All I should want
would be a memorandum, setting forth that protection had
been refused.
The Commissioner—lt seems to be explained by the alle-
gation in the certificate, that the bankrupt is not protected
by the court.
Mr. Linklater—But that would not over-ride the lan-
guage of that particular section which say.—" where the
court shall have refused."
The Commissioner—Very well. I shall put a memories.
dam on the proceedings that, neither of the bankrupts
bavine attended, and the examination having been sir
*rued till this time in the usual way, the court refused
is great any further protection.
fame conversation followed as to whether the certificate
Mudd la granted to the assignees, as assignees, or simply to
aM of the creditors,—it being supposed that there
was some technical difficulty in the way of the former
course.
His Honour said he saw nothly the act top t him
granting the certificate to the eee. Without express-
ing an opinion whether there ong t to be a prosecution or
not in this case, if the assignees thought there was really
good ground for it, they ought to do it.
Mr. Reed said their only difilculty was the bankrupt's
being out of the country.
The Commiseioner—That certainly may be a circum-
stance to prevent it. But assuming that the bankrupts are
in a situation in which they can be prosecuted, and that
there is • ease for prosecution, I think that in justice to
their own interests, as well as those of the public, the assig-
nees ought to prosecute. The moral effect of such a pro-
ceeding is of far more importance than the punishment of
fraud in any particular case.
At three o'clock the bankrupts were proclaimed outlaws ;
and an order having been made refusing protection, the
usual certificate under the 257th section was granted to the
earigness.

Mr. Wallinger denied having any property of the bank-
rupts in his possession, or that he knew anything of the
wheresboute of Jolt* Legge or Marshall, or any of the
partit s connected with them. He was not solicitor to John
Lfage.
The bankrupt, Joseph Legge, still remsins in prison ;
his brother has not yet been taken. Their liabilities are
stated at about 1,4001. ; the amount of suet, has not yet
been ascertained.
IN 11 010101 HENNEL.
Mr. Linklater made an application on behalf of the
Bristol creditors of this bankrupt, who was an extensive
railway contractor of Duke-street, Westminster, and else-
where, that the choice of assignees, appointed for the 16th
instant, might be postponed, on the grouad that an appli-
cation, which they had made to 'Mr. Commissioner Evans
for the removal of the proceedings to Bristol having been
' refused by the learned commissioner they had applied to
' the Lords Justices ; and that it was desirable that assignees
should not be appointed until it was decided in which court
the petition should be prosecuted.
The question is expected to come before the Lords Justices
of Appeal on Tuesday next, with the view of annulling or
transferring the London petition.
His Honour said he did not see any reason for adjourning
the choice of assignees. Assignees were chosen by the body
of creditors, and as a question was to be heard on Tuesday
next before another tribunal involving in a groat measure
the interests of the creditors. their chosen representative
ought to be present, and the subject ought not to be dealt
with by an individual creditor.
Mr. Bagley, for the petitioning creditor to the London
petition, resisted the application, as being a very unwise
one. The bankrupts bad property in several places in Eng-
land, and bad creditors in France, at which place he had
had enormous transactions, and it was necessary that as-
signees should be chosen as speedily as possible. The
learned counsel submitted that the application mode by Mr.
Liuklater should be dismissed with costs.
His Honour dismissed the petition to adjourn, and
ordered the question of costs to stand over.

INSOLVENT DEBTORS' COURT.-MTERDAT.

Rgroas Ma. COIIIIIIIIIONII Pilaus.
IN Till MATTZK OF CHARLES CHAPIIAN.—FETITION

DISMIEdED.

This insolvent, who was a cowkeeper, &0., at Park
place, Kennington, applied under the Protection Act. Mr
Sirgood, opposed for Mr. Low, a cattle jobber ; and Mr
Dowse supported.
The insolvent owed Mr. Low 33L for two cows, and gave
• bill for the amount. lie forgot that the bill was made
payable at Messrs. Williams', of Smithfield. He had pro-
sided the money for the bill, and the fist thing he heard
of it was a copy of a writ. He offered the 331. which was
refused, unless the costafwere paid. The action went on, and
the insolvent petitioned the court. He alleged that he bad
got rid of the money, and the losses he had sustained by
the death of cows, prevented him from paying the law ex-
penses of the action brought oy Mr. Low. It was elicited
from the insolvent that he had 101. when he filed his
schedule, mad that 171. had been paid into court as surplus
property. He was pressed as to his means of getting the
money. Ile at first said he had it from friends, but on
being closely pressed admitted that he had it by him, from
his business. . • . .

Mr. Sargood said, after such a statement, the petition
could not stand.
Mr. Commissioner Phillips acquiesced, and the petition
was at once dismissed.

THE EXPENSE OF TAXING OFFICE COPIES.

Ina ease the subject of taking office copies of schedules
as discussed.

Mr. Sargocd and Mr. Macrae declared that the expense
was very great—much mote than in bankruptcy, and credi-
tors avoided it as much as possible. Fourpenee per folio,
exclusive of forms, was too much, and some of the schedules
were very long.
Mr. Commissioner Phillips said the price was fixed be-
fore ho presided in the court.

ASSIZE INTELLIGENCE.

OXFORD ClRCUlT.=OLouczerza, APRIL 7.

Baron MI. JOITICS WILUAMS.

TEE RAILVIAT ACCIDENT AT

Thi;trial terminated last night in a verdict of acquittal.

NORTH WALES CIRCUIT.—Cumes, APRIL 7.

Barone M. InTies Wieunux.

THI MURDZY CASES.

This morning his lordship ordered the following prisoners,
charged with murder, to be placed at the bar:
Harriet and Robert Thorneley, charged with poisoning
the former husband of the woman, in February, 1847;
Sophia Robinson and Catherine Hanley, for murdering the
infant child of the former; Honor Gibbons and Bridget
Get ray, for poisoning the child of the former woman.
His lordship asked them if they. were provided with
counsel, and on learning from the prisoners that they were
not, because they could not afford to pay, he told them
that the following gentlemen had kindly undertaken their
defence : Mr. Macintyre in the first-named case, Mr.
Brandt in the second, and Mr. Gifford in tke third.

AITZWPT TO MURDIR.
John Riley, aged 20, was charged with wounding
Joseph Wadsworth, at Sutton, in this county, with intent
to murder.
Mr. Brandt and Mr. Horatio Lloyd were counsel for the
prosecution, and Mr. Macintyre for the prisoner.
Oa the evening of November the 6th, 1852, Wadsworth
was returning homewards along the London-road, from
Macclesfield market, and after he had walked some dis-
tance, prisoner came up to him and walked with him about
three quarters of a mile. Prisoner then turned back, but
soon returned, and commenced a most brutal attack upon
the prosecutor. Prisoner put his left arm round Wads-
worth's neck and cut him Just above his throat. He then
cut prosecutor's left ear, and holding down his head
upon his breast, began to cut the back of his
head. Wadsworth put up his hand, and all the fingers
were severed. Prosecutor pleaded for his life, and the pri-
soner then robbed him of several articles, and left him.
When prisoner was apprehended, a purse was found near
his seat, which was recognised by prosecutor as his pro-
perty. A knife was also found in the possession of pri-
soner's brother, which Wadsworth likewise identified.
Mr. Macintyre tried to shake the prosecutor's testimony,
by proving that he had been to gaol once or twice, and con-
sequently was not a man of the best character.
The jury having found the prisoner Guilty,
His Lordship remarked that this cue was one of the
most brutal that he had ever met with. He ordered
sentence of death to be recorded, observing that the pri-
soner would be transported for a long term of years, if not
for life.