The Express.
London, England, 1853-09-22 00:00:00

THE EXPRESS, THURSDAY EVENING, SEPTEMBER 22, 1853

lab) iintentgence.

INSOLVENT DEBTORS' COURT.—YEstEaDAT.

BLroas Comunmsus Murry.
Ix RI WILLIAM Duxn*i.

This insolvent. described as a coal dealer, was opposed
by Mr. Stunt Reed for Messrs. Cape! and Brendle, coal
aserchaata. Mr. Cooke supported, with Mr. Sargood.
The insolvent hid certain persons he samitioned supplied
by the oppoeieg creditors. Re alleged that the coals were
mold to him, but Mr. Capel denied the allegation; they
alone were to receive the money from the customers. They
found the insolvent had received money or goods to 201.,
and they took a bill of exchange from him on which they
seed him and he pleaded. The costa were about 411., and
the complaint was a vexations defence.

It appeared that the insolvent lived fa Lacy-terrace,
Wa'worth, and alleged that the furniture belonged to his
son, and had been given to him by his uncle, the celebrated
Father Mathew, when he broke up his establishment in
Ireland and went to America.

An accountant, named White, stated that the insolvent
asked him, when he was served with a county court Tim-
mons, what he should do to save his furniture, and he told
him to say it belonged to his sou, and an interpiesder could,
if necessary, be decided.
Mr. Commissioner Murphy told White that he had better

give no such advice in future. It was advising subornation
of perjury.
Ultimately the cam was adjourned to the 29th inst.
IN as RUDOLPR NICHOLAS JORN FREIMAN.
This insolvent, a Premien, who had been a cap manufac-
turer in the Old Jewry, was opposed by Mr. Cooke for Mr.
WOregor, a cloth merchant in Chem:gide. Mr. Dowse
supported.
The insolvent bad been but a short time in England. He
had, however, managed to get goods to aome extent. Ea
had represented to Mr. M'Oregor that his wife was p..
sawed of property, and intended to make him a merchant.
He got 741. worth of goods from him within s month, and
made no payment. All the goods had disappeared, and the
insolvent soon afterwards went abroad. In addition to the
loss of the debt, Mr. M'Gregor had been put to about 301.
law expenses in getting a judgment by a plea to the action
by the insolvents attorney.
Mr. Cooke represented the case as one of swindling, and
asked fer a lengthened judgment.
Mr. Dowse, contra, admitted a vexatious defence, but
contended there bad been no fraudulent contraction of the
debt.

Mr. Commissioner Murphy expressed himself clearly of
opinion that then had been fraud in the contracting of the
debt, as well as a vexatious defence. His Honour made
some pointed remarks on the courtesy extended by this
country to foreigners, but he considered it to be the duty of
those who administered the law to see that the merchants
and shopkeepers were not swindled by them. The judg-
ment was eight calendar months from the vesting order.

IN ILI DANIIL WU-80W.
This case occupied the Chief Commissioner to a late hour
on Tuesday, and he pronounced • judgment of ten mouths
from the vesting order for a preference.
The insolvent, who was partly heard before the vacation,
was a licensed victualler in Leadenhall-street. He was op.
peed by Mr. Nichols and Mr. Dowse for several creditors.
Mr. Cooke supported.

CENTRAL CRIMINAL COURT.

OLD COURT.—YzaTERDAy.

Snots Ma. &scot MAffror AXD Ma. livrtas Caourrox.

Edward Buller, 39, labourer, was indicted for having
feloniously attempted to cast and throw one John Thomas
from the deck of a certain steamer in the River Thames,
with the intent to drown and murder hies.

Mr. Robinson conducted the prosecution. The prisoner
wu defended by Mr. O'Brien.
Mr. Robinson baying briefly opened the circumetanees
under which tho charge wu preferred, and which appeared
to be of an extraordinary character, the following wh-
ammies were examined:

Jahn Thomas, the prosecutor, said—l am the acting mate
on board a steam vessel, called the Kent, which plies be-
tween North Woolwich and the Eastern Counties Railway
station. About eleven o'clock at night, oa the 20th August,
we had arrived at Woolwich on our last trip (or the
day, and nearly all the passengers had gone
whore, when I observed the prisoner leaning against
the companion, and I went up to him, and told
him that he must go ashore. lie said he would not,
and I went to the after part of the vessel, and was about
to cast the stern rope on to the pier when the prisoner
came behind me and seised me by the lip and threw me
completely over the side rail of the vessel. I fortunately
caught hold of the bottom rail, which prevented me front
falling into the water, and while I was hanging in this po-
sition the prisoner knocked my hands and attempted to
fierce me from my hold, but on my crying oat for assistance,
Mr. Allen, the captain of the vessel, came to my assistance
and dragged me upon the deck of the steamer. I could not
have held on much longer at the time the captain released
me. The water at the place was 20 feet deep. The pri-
soner appeared to have been drinking, but he seemed to me
to know perfectly well what he was about. After I had
been pulled into the vessel the prisoner seized hold of Cap-
tain Allen and said that he ehoeld like to drown him for
wasting me.

By Mr. O'Brien—The prisoner was an entire stranger to
me, and of course I had had any quarrel with him. I
have no doubt that he bad been drinking, but I consider that
he knew perfectly well what he wee about.

By the jury—l asked the prisoner to go on shore M a
very civil manner, and did not de any thing to give him
offence. The answer he made to me wee that he would see
me B:GL

William Allen said—l em the captain of the Kent
steamer, and when the vessel arrived at Woolwich on this
night, I stepped upon the pier, and shortly afterwards I
heard Thomas all out "help, help." I immediately ran
on board and saw she prosecutor hanging from the
outside of the vessel, holding on by the lower
rail, and the prisoner was trying to foree his bands
open. I stooped down and caught Thomas by the legs,
and dragged him upon deck. I told the prisoner I should give
him in charge for what be had done, and he said he would
kill me, and exclaimed " I can fight Caunt. I can throw
any man," and he seized me and attempted to throw me.
A police constable then came on board and the prisoner
was given into custody. He made nee of very bad lan-
guage, and told the policeman he did not care for him,
and he added—" You shake, you tremble. I'll shake you."
The priso
ner then seized me by the hair and pulled out a
handful, and he was very violent, and it took the exertions
of several men to secure him ; and be was placed in a skiff
for the purpose of being conveyed to the pollee station.
As they were rowing along the prisoner asked if any
one in the boat could swim, and upon some one saying
" No," he exclaimed, " I can," and rose up and appeared
to be about tojump into the river, but I seized hold of him,
and forced him down into the bottom of the boat, and he
was held there until he was got on shore, when the prisoner
was locked up. While we were going along the prisoner
spit in my fate, and said that he should like to drown me
for assisting the other man.

The poliie-oonstable and another witness combated the
evidence above given.
Mr. O'Brien, on behalf of the prisoner, urged that the
charge of attempting to murder had not been made out,
and that considering the condition of the prisoner at the
time, there was no ground for supposing that he really
had any such intention.
Mr. Baron Martin interrupted the learned counsel as he
was about to proceed with his speech, and addressing the
jury said, that the only question was whether they. con.
sidered the evidence mate out that at the time the prisoner
attempted to throw the prosecutor into the river he really
intended to kill him.
The jury deliberated for some time, and as they did not
appear likely to agree, the learned judge said that if they
entertained any doubt upon the point, they bad better bear
11 the I d counsel to an end.

-Mr. O'Brien with his address, and
he remarked upon the fact of the parties being
entire strangers to each other, and to there a having
been any quarrel or ill-feeling between them. Ho urged
that it would be monstrous to come to the conclusion that
the prisoner deliberately endeavoured to commit the crime
of murder without any motive or object, and he submitted
that the proceeding of the prisoner was merely the act of
a drunken violent man, without any Axed intention what-

----•
Mr. Baron Martin, in summing up, told the jury that be-
fore they would be justified in convicting the prisoner upon
the present indictment, they must be satisfied that at the
time he attempted to throw the prosecutor into
the water, he entertained the deliberate intention of des-
troying his life. They had heard the nature of the case
and the state of the prisoner at the time, and although
drunkenness undoubtedly was no excuse for the commission
of crime, yet it became • vary material matter for consi-
deration when the intention with which a particular act
was committed was the subject of inquiry.
The jury then deliberated for some time in the box,
when they expressed • wish to retire. They accordingly
left the court, and after being in deliberation shout half an
hour they returned and gave a verdict of Not Guilty.
Baron Martin said he thought the jury had come to a
very proper conclusion upon the facts. The offence the
prisoner had committed was a violent assault, and not a
capital felony, and be would be detained to be tried for
that offence.

Mr. Bodkin applied to the court to postpone the trial of
Nathaniel Mobbe for murdering his wife to the next session.
The court granted the application.
Edward Buller, the prisoner who was acquitted upon tbe
charge of endeavouring to murder John Thomas, by
throwing him into the neer, war placed at the bar to take
his trial upon a charge of a common amault arising out of
the same circumstances.
' Mr. O'Brien, who appeared for the prisoner, said it
would be useless to endeavour to struggle against a convic-
tion for an assault, and by his advice the prisoner would
retract his plea of not guilty, and plead guilty to the charge.
Baron Martin, in passing sentense, told the prisoner that
he had been guilty of a very serious outrage, and although
thejury had in his opinion very properly acquitted him of
entertaining the intention of murdering tie prosecutor,
yet, it was clear that he had been guilty of a serious offence,
and one which required severe punishment. He then sea-
tensed the prieoser to be kept to hard labour for a year.
Kr. Sleigh applied on the behalf of James Hayes, who
stands charged spoa the Coroner's inquisition with the
auger of his wife. for a postponement of the trial to Om
October mmions.—The application was:grantMl.