The Express.
London, England, 1853-11-29 00:00:00

THE EXPRESS, TUESDAY EVENING, NOVEMBER 29, 1853.

V.atu fntetitgence.

COURT OF QUEEN'S IiENCH.-Yk.STERD'AT.
.1111,4$ As N:-1 rs: c• MOSE Wall CAM: I

b.tlllSell C .
The coulee dinromed of to-day were devoid of io*.erest.

COURT OF COMMON PLRAB.—Yr_sTERDAT.
117T1p4! Ai XIII PILIVII IN 7100,..2 amp j my=

MIC.IIII ass a COllllO3l nay. ----
rOIAIrs C. ROSS.—FALSE IMC".ISONMENT.
'1 he plaintiff in this case, Mfil, v:ds Foulkes, said that
she was a lady " who bad a few gentlemen friends," and'
she formerly lived at 38, Foley-place, a house kept by her
friend Mn. -Marshall, Who also received visits from gentle-
men. The action was brought to recover damages for as-
' malt and false imprisonment, and the defendant pleaded not
guilty, and that the plaintiff first assaulted him, and he had
only acted in self-defence.
Mr. Won't,. ar.4 Me, 7,•,,.,11ett appeared for the plaintiff,
and Mr. Serjeant Wilkins for the defendant.
The plaintiff's ease was, that about one o'clock " in the
evening ' of the 22nd of April last, she, with Mrs. Marshall,
and a 'Mr. Dill, who lived in the lame house with them,
was returning from the Adelphi Theatre. In Marylebone
they met Mr. Bartlett, en undertaker, and they went with
him to the Devonshire Aims, Duke-street, to have some-
thing to drink. Whilst there the defendant w. nt from the
club-room to the bar, and asked the ladies to have some-
thing to drink. At first they declined, but afterwards
assented; and when leaving be tried to induce Mrs.j
Marshall to go with him, which she refused to do. Shortly
afterwards the ladies left, and with Mr. Dill went home to
Foley-place. Mrs. Marshall remained at the doo: talking
fur a few minutes, and whilst there the defendant and a
policeman come up, and she was seized by the throat, and
accused of having stolen the defendant's pocket-book. She
screamed, and !Liu Foulkes, who was in the act of pre-
' paring for bed, ran down stairs, but when near the bottom
the defendant seized her, and threw her down in tie pee-
-1 sage and kicked her on the hip. The policeman sprang his
I rattle, and two other constables came up, and the ladies and
Mr. Dill were taken to the mafiosi-house. There the first
mentioned policemen said he had seen the plaintiff take the
defendant's pocket-book, and the inspector, seeing that the
defendant and also the policeman were drunk, locked the
whole of them up. The inspector afterwards made inqui•
ries, and found that the defendant had left his pocket•boek
in the club-room, sad the magistrate after investigating the
case discharged the whole of them.
No witnesses) were called for the defendant, but
Mr. Serjeant Wilkins addressed the jury on his behalf,
sad stigmatised the action as one brought for coats only,
and be complained that the time of one of the superior
count should be taken up with so paltry an affair.
The jury retired, and after having been locked up for
six hours, it was intimated that there was no chance of their
servile', one of their number being of a contrary opinion
to the other eleven. They were therefore left in the cus-
tody of the officer, his lordship having given no directions as
to their discharge.

of ,he clause, "and the creditors assignee," evidently cot,
templated a choice under the first petition.
His Honour said the words " if Irty " clearly contem-
plsted a ebitice not being made. It wes obviously the most
proper course to ►djourn the choice until the choice under
the other peti•ion, leaving the estate, to the meantime, in
the bands of the official assignee.
The choice was accordingly adjourned for a fortnight.

IN ILL FISRRA.—PAILURE OP A COLONIAL BROKER.
This was the santing for choice of assignees in the can
of Augustus Fisher, colonial broker, of Mincing-Line, who
had traded under the firm of Foakes and Fisher. The
liabilities arc estimated at about 10,0001. ; nearly 8,000/
was proved at this meeting. The amount of assets is at
Present uncertain. Mr. Henry Croysdell, accountant, of
Baainghall•street, was chosen trade assignee ; Mr. Fennell
is the official assignee ; and Meson. Lawrence, Plows, and
Bayer an the solicitors under the bankruptcy.

DiSOLVENT DEBTORS' COURT.-YESTERDAT.
WM CHM COllllllBlOlllll UM.
IN TR MATTER 9r RICRAIip JOHN mem

This insolvent, who figured u " Captain ilk's" at the
Middlesex Sessions a short time ago, was appointed to be
heard to-day under the Protection Act. Mr. Sargood
appeared to oppose on the part of Mr. Clement*, a school•
master, Mrs. Jacobs, umbrella maker, and Mr. Stapleton,
a wine merchant.

•
The insolvent was not in attendance, and his attorney
(Mr. Lewis) applied for an adjournment with proteetioc,
on the ground that he was in Ireland attending • chancery
suit to remove tim from the guardianship of his children.
An affidavit was handed to the court in support of the
application.
Mr. Farina opposed an extension of the protection.
The Chief Commissioner expressed his intention to hear
the case, notwithstanding the insolvent did not appear, in
order to satisfy himself whether it was a case for an ex-
tended protection.
Evidence was Risen by the opposing creditors. The in-
solvent by kis schedule had been captain in a yeothanry
corps and agent to some paper merchants in Ireland. His
debts were to some extent. Mr. Clements, it appeared, had
a visit from the insolvent about taking his three sons. He
represented himself as a person of property, and one Satur-
day night, while he was from home, the sons were
left at his house. He required reference* and kept
the children about six months. They were demanded
sad prociediage were taken at a police court. A espies was
eased to arrest him, but he made his escape. He was after-
' wards arrested at Cheltenham, apdgave • bail bend. The
action went on, and the costs were 761., the debt being 441.
Subsequently 801. had been obtained from one of the hail.
The insolvent subsequently figured at the Middlesex Ses-
sion, and three officers were there to arrest him on his an-
quittal, but he made his escape through the window of the
robing room. He filed his petition in this court, on which
he got a protection, and was now in Ireland.
A shape's to Mrs. Jacobs, from whom the insolvent got
a Malacca cane at 305., and 31. 101. on a cheque in Ireland
for 61. and Mr. Stapleton, a wine merchant, who had
cashed similar cheque*, were examined. These complaints
have already appened in our paper. The insolvent was
acquitted at the sessions.
The Chief Commissioner said be had heard the evidence
to satisfy his mind whether it was a ease for further pro-
tection. He was of opinion that the insolvent was not en-
titled to an extended protection. Without taking the
idence so as to preclude the insolvent from giving answer
if he could, he might prove, if he thought proper, that he
was not a common cheat. _ _

It was recorded that the Insolvent did not appear, and his
protection wu sot renewed.

swots NIL CONDIISSIOVUt PIOILUPS.
THE MATTER OF EDWARD Erma.

This insolvent, who applied under the ProUstion Act,
was opposed by Mr. Dowse for two creditors. Mr. Cooke
supported.
The insolvent attributed his appearance to the repeal of
the navigation laws. Be said that as a lighterman he did
as much work with one bergs, es he lied done in the
present year with six or seven barges. The law was re-
pealed on the lit of January, 1850, and goods came in large
quantities by the American liners, and be had to clear
them from the quays by which he was obliged to hire more
barges and was out of pocket. Before the repeal he worked
with one barge.
The cue was heard, and it appeared that the insolvent
had omitted in his proceedings the receipt ef some money.
Mr. Commissioner Phillips on account of the omission,

diemiexd the petition.

CENTRAL CRIMINAL CO URT.
OLD COURT.—YEeTERDAY.

James Po.cersurreaFeteTtc;taTe his trial for embezzle-
ment.

The prosecutor in this case was Mr. DavikWilkinaon, a
builder at Wandsworth, and it appeared that the prisoner
was employed by him as foreman at some works he was
performing at the Nine Elms Station for the South Western
Railway Company, and it was his duty to keep an account
of the work performed by the men, and to receive from the
prosecutor every week the amount necessary to pay them
their wages. It was alleged on the part of the prosecutor
that the prisoner had claimed more money for one of the
workmen than he was really entitled to, and it appeared
that, although he bad, in point of fact, paid tho whole
amount to the man in the first instance, yet he afterwards
represented that he had made a mistake, and so obtained
pcssession of the surplus hack from him. This was stated
to have taken place in three instances, the sums that were
thus alleged to have been improperly obtained by the pri-
soner being respectively 35., 7e., and 9s. 3d.
For the defence, Mr. Parry urged that the transaction
with regard to the amount of the wages was a perfectly
honest one, and that the money had been paid bona fide to
the workman for his labour, and witnesses were called to
prove that the prisoner was in the habit of advancing
money to the men for beer during the week, and that the
money he had received was only the repayment of such
advances.

--The jury returned a verdict of Not Guilty.
Cl/4arles Clark, 22, pleaded guilty to a charge of steal-
inga watch, the property of Robert Parrett.
The robbery was committed upon the occasion of the
execution of the unfiatiance man Mobbs, on Monday last.
The Recorder inquired if the prisoner was known, and
the constable who talk him into custody said that he was
not. It appeared, however, that he gave a false address
when he was apprehended.
The Recorder said he was surprised I. hear that the
prisoner was not known to the police, as from the fact of
his being guilty of such a crime upon so dreadful an occa-
sion, and under the very gallows where a fellow creature
was about to suffer the lest penalty of the law, induced him
to suppose that he must have been • hardened offender,
II and that he had long been in a career of Crime. If that
had been proved, the sentence would certainly have been a
very severe one, and although he did not anticipate that
any punishment would be likely to operate with good effect
upon a person who could be guilty of such an act as that to
which he had pleaded guilty, he should deal with the ease
as with the ordinary one of a first conviction, and should
sentence him to be imprisoned and kept to hard labour for
six months.

MIDDLESEX SESSIONS.-YESTERDAY.

The November adjourned session of the peace for the
county of Middlesex commenced this morning, at the Ses-
sions-house, Clerkenwell-green. Mr. Serjeaat Adams
presided. The calendar was unuxually light, there being
but 39 prisoners for trial, 36 being indicted for felony and
3 for misdemeanour.

Charles Williams, 19, was indicted fur stealing a purse
containing as. and other monies, and a bunch of keys, the
property and monies of John Boustead, from the person of
Augusta Bousteact.
Dlr. Ballantine prosecuted; Mr. O'Brien appeued for
the prisoner.
The prosecutris and her husband were at the Bishopagate
station of the Eastern Counties Railway on the afternoon of
the sth of November, for the purpose of going to Lea-
bridge by the 5.20 train. The prosecistria was about getting
into a first-class carriage, whilst her husband was gone to
see about the luggage. As she was about getting into the
carriage, she was somewhat impeded in doing so by a man
and woman who were close before her. Boon afterwards she
disepvered that her pocket was picked, which she commu-
nicated to her husband, who, having suspicion of the pri-
soner, seised hold of him by the collar until a porter of the
company came up and took charge of him. He was imme-
diately afterwards observed to throw away the purse at their
feet, which was picked up and the prisoner was given into
custody.
The jury found the prisoner Guilty.
Mr. Ballantine wished to mention that since the prisoner
had been committed every means had been used by the
prisoner's friends to defeat the ends of the prosecution, and
overtures had been made by them to the pester to induce
him to withhold his evidence and defeat justice.
A City police.constable said he had had the prisoner in
custody for attempting to pick a lady's pocket in Orace-
church.street, when he was sent to prison for two months.
He was the associate of thieves. lie had also been Da cus-
' tody for robbery at the London-bridge stations.
The officer of Coldhath-fields said he believed this man
was also known in that prison.
The Assistant Judge then remanded the prisoner until
neat session.

James Toomey, 26, was indicted for 'dealing a saw and
other tools, value 2/., the property of Benjamin Holt, and
other tools the property of Thomas Wenham. He was also
indicted for unlawfully assaulting James AbrahamP, a
constable of the metropolitan police force, with intent to
resist and prevent his lawful apprehension on a charge of
felony.
The charge of felony was fully made out, as was a most
unmanly and brutal assault upon the police-constable who
took him into custody.
The jury fount( the prisoner Guilty, and the prisoner
was sentenced to hard labour (or 18 months.

hold of her wrist, and said, " This won't du I r me. You
have robbed me of my money:" She handed me back
4s. fed. or 54., and said, " Here, is this yours?" I said that
was not all, and on the way to the station-house she offered
sue Is. 71.1., and said she would give me the rest if I would
oscr the water with her. I did not see her pa-s en) -
:hing to the man. At the station-house I found I was
4s. Ild. short in my mosey.
The male prisoner was discharged; the female was com-
mitted for trial.

Antoin Tomanne, a German, wee brought up for final
examination, charged with having robbed Lit employer.
Ferdinand B. Brown, Church•row, Houndeditch, watch-
maker, said-1 keep two bedrooms in the house, in one of
which I sleep. On Friday night I left off work at nine
o'clock. I took up the watches Into my sleeping room,
locked the door, and brought down the key. The prisoner
was to call upon me at the house of a friend, to fetch me
home, at II o'clock, and I waited for him till half-past 11,
but he did not come. Upon my return I found that the
b in which I had locked the 'ir.lti;uee had been broken
open, and that Several watches had been stolen. I gave
I notice to the police, and, having suspected that he would
try to be • passenger on board a steamer which was
ex-
pected to anl immediately for Hamburgh, I went on board
and found him going to bed. I asked him for my watches,
land he took twelve of them out of his pocket and gave them
to me. The waterman fetched the policemen, and I gave
the prisoner into custody. He told me he had given two
watches to a person to enable him to leave England.
The policeman said he was called at 2 o'clock on Saturday
morning to go to Irongate wharf, where he took the pri-
soner into custody, and took from him some watch hands
land tools. The prisaner also gave up two watch guards and
some uther jewellery to the prosecutor.
' The prisoner said he did not break open anything, and
he intended is return the watches to his employer. He
also said that the two persons who had had the watches
from him were aware of the robbery.
George Usher, a man occasionally employed at the Black-
w t .Railway works, was committed for trial upon the
charge of having obtained money under false pretences.
It appeared that a workman, also employed by Mews.
Rigby, the contractors, was token seriously ill, and con-
veyed to the hospital, and the prisoner went to the fore-
man end said he was authorised by the wife of the patient
to receive the money due to him amounting to 11. 142.4 d.,
which upon receiving he squandered in drink. Bassett,
the detective officer, who apprehended the prisoner, de-
scribed the fellow's conduct as desperate in the extreme.
Usher upon being told by the officer the charge against
him, asked to see the authority under which he was taken,
and upon being shown the warrant, ran to the fire-place
to get the poker and upon being prevented, called to hie
wife to bnog him that weapon, swearing that he would
knock out the officer's brains with It. Afterwards the pri-
soner tried to strangle the officer, and was with difficulty
checked in the attempt.
The Lord Mayor requested that the press would
acknowledge the receipt of the half of a bank note for 51.
No. 45,085, from W.
MARLBOROUGH-STREET.

George Amherst, who described himself as a solicitor's
clerk, living in William street, Regent'spark, was brought
up on suspicion of having been concerned in stealing money
and other property, to • large amount, belonging to M.
Gianotti, an attachi of the Sardinian Embassy, from the
house of Mr. Draper, No. 9, Charlesotreet, Grosvenor-
square.
It appears that on the tad of August the prisoner went to
Mr. Draper's and opened a negotiation with him for
apartments, on behalf of a gentleman whom ho said was
named M'Donald, and who was staying at Torqua he
stated that Mr. M'Donald had been recommended by the
Earl of Powis. On the Wednesday following he called
again, and went up stairs for a glove which he had left
behind him. At nine the same evening be came again,
bringing with him another person to see the
rooms. The servant requested them to come into
the hall while she got • light ; and having procured one
she showed them into the front drawing room. While she
was up 'Mire with the prisoner and his friend she heard
some one go across the hall towards the rooms of Mr.
Gianetti, a gentleman who had apartments in the house ;
but she did not feel any suspicion because she thought M.
Gianetti was at home. The prisoner and his friend detained
her up stairs a quarter of an hour, after which they went
away declaring themselves satisfied, and promising to call
and settle about them on the next day. In the interim
some one had stolen from M. Gianetti's rooms a cigar case
containing a 101. note, and a 51. Dutch note ; a small black
truck containing 451. in notes, three gold chains and other
articles. A writing-desk was also broken open. The value
of the property purloined was about 3001. The prisoner
was afterwards met by Mr. Draper in a court in Brewer-
street, and given into custody.
its was remanded till Monday next.