The Express.
London, England, 1851-12-01 00:00:00

EXCIIEQUER CIIAMBER.-SAMIWAY.

@Wm.. t• Naos& MS. 11•1,06 ALIMMIKO, XS- Jtartes
I..arwas, Ya. Jc•rtra IL'ocradror. YL Jr•SICI CaBOSWIttI.
James tau, N. 1.11.10.1 r 1.411.. Autos llumn.
BORINSUN AND WIT! V. TIM MARQUIS or BRISTOL.—

Dtsetteun Rioter or PIiCiVITATION.
In this case, the leading facts of which were briefly
stab d in the Express of Saturday, Mr. Cowling
re-
sumed his argument on behalf of the defendant in error.
At *bout teethe o'clock (the proceraidings having lasted
the whole of the previous nay) the 'cameral counsel was in-
terrupted by • suggestion from the court, that, so the ques-
tion before them was • mere matter of words, sad so their
decision would owl) settle the mode in which the cue
ought to he Mated, it would be better to agree to en issue,
by which the real Negrito might be tried, Ma, whether the
deed of 1X26 by which the Mee. Samuel Ilaslewood, in con-
cadential' being himmelf presented to the benefice in
dispute, euamed to the Maritsa of Bristol, to whom the
aliteism* beinagod. the right in perpetnity,was
~After • short cooferenee between the parties, Mr. Pea-
midi, is behalf of the plaistiff in error, repressed his 'steeli-
ness to agree to the proposal, provided that the costs up to
the genera time were 66roe by each party.
Mr. Coaling was strwaity advised by their lordships to
swept those tense. but he stated that he bad no authority
10C0311Killt to the arrangement auks the costs were to abide
the malt of the proposed Comm. Ile therefore proceeded
with his argument to Its conclusion.
Mr. PraCuck a ldremed Ike court in reply.
Mr. Baron Alderson said that judgment would probably
be given next term ; and in the meantime he strongly re.
oommendedthet the suinteeinn art sh, court should ho act.
upon. Probably Mr. Cowling would consult the Marque.
of ffristol on the subject, and iatimat., ha lordship's deter-
mination to the court in the coarse ei the west ten days.

COUHT OF BANKRUPTCY.--BATLIWAT.
loom Ma. OXIMANOISIIIII4.I.IA.A.
IN as R0111114•031.—KITINBIBB t/ILL TRANSACTIONS.
This was the certificate meetina in the CAW of William
Robinson, described as a corn lactor and bill broker, of
Ovingtondquare, Broinptmi, and of 1 rinity-square, Tower
11111. The balance-sheet, prepared by Merin. Harding and
Pultein, of Guildhall Chambers. extended era four y an
prior to the 2d of April last, and showed erne considerable
Items, of which the following were the principal:—To ere-
ditors unsecured, 5,3101.; ditto holding security, 8,779/. ;
liabilities, 2,819.1.; surplus, Ist of April, 1817, 13,215/. ; 1 ro-
flts as corn factor, 2,2601.; ditto as bill broker, 4,931!. By
debtors, IOW.; propene, titel/.; ditto held by criditors,
11.1864. ; bills deposited with creditors as security, 4,045/. ;
rat,inased to neliee 290 V.; amount to be accounted for by
jam. Newman, 9,2!.; lays, 11,831/.; trade expenses in
the corn businds, 1 791/.; in the bill hooking, 600.. ; per-
weal expenses. 5,5911. ; law charges, 1,634
Mr. Linklater opposed fee the reeigned, who, he stated,
were creditors for upwerds of 1,200 f. They had uci indivi-
dual complaint, bat wished to call attention to the features
e 4 tbe halaam,abeet. In April, 1817. the bankrupt was on-
Emstably ionomod oi • oopital of 12,2151., for the
WI bin by bio foam bad be realimod, sad had pVlan

tget smant. Me bed semis& es tore businesses, that of
I ell& smossini 1W lather, and also that
Jot hot the better had to absorbed his attention
and his Memellbet be had been prevented from exercising
ordinary 011effilen In the corn trade, as was evinced by the
fact that Me elink, Newnan, was a defaulter to Me extent
of 9921. Tbis poses bed lad the whole manesement at
the busing and it lei
that he lei seem bassi' lbe
ande4olll-.• whisk se& at IMO ta ISbem
Mei re am. dB Si
I,lm= Med AMMO leellumeelne 114.
4,9001. to a sentinels who woe Other the heir pees
Mire or the heir aspirant to the Earldom of Wicklow.
Conentissioner---Kr. Howard?
Mr. Linklater—Ten. A very considerable leis would
ones to the lento on the transactions with theme
_lesass.
Tlia• hie brads were outstanding, one list MOM. the
NW an SPX. lie had been in prima kr • anlablinalbla
aml WeelleW
he
endasiAtoesionmake some ram
mist with hie Mal= . He (Mr. Howali
preumed to pas NOM. is of the 4,0001.
*wed to irisestate ; and ee was the sae Am
the anigsnes one of whim mime Mr. CoMmii.
Ipswich, and felt it their duty to swept that amount
The dividend to the creditors its Ms ease would be ally
little indeed. Towards the end of Await, 18.30, an entree
dea had been issued against the bankrupt, and • large
anount of property taken; be hod motwithstandims NMI
tinned his career till April last. He bad been three menthe
in prison, during which time he had executed two se dins
mortgages ; one of these had been given up, the mew
feeling that he could nut maintain it, the bankrupt baying
then committed an act of bankruptcy, by lying 21 days in
prison. Ile had unfortunately got connected with some
persons at the West-end who were notorious for ch aging
teurbitaat rates of iotersst. Ili-personal expenditure had
been 1,4001. a year; bin profits in the corn trade were ex-
ceeded by the trade expenses, without taking into account
the loans; while the profits on his bill transactions were
mere moonshine, being far outweighed by the large amount
(about 14,0001.) of losses. The assignees believed that very
large and usurious rates of interest had been taken by some
of the parties holding mortgages; but as the bankrupt had
no vouchers for the sums paid, the assignees were unable to
substantiate the fact, or the mortgages might have been set
aside.
Mr. Sidney, for • creditor, had given notice to oppose,
but not within the requisite time. After the statement of
Mr. Linklater he should not press his opposition.
Mr. Lawrence said the bankrupt had had the misfortune
—end it was a great one—to have the sole control of a large
fortune, left him while very young. He had relied in his
corn trade on the services elan old clerk of his father, who
had been extensively and respectably engaged in the head-
men. At an early period of life, when only 22, he bad
beau thrown into • circle of society, wrongly called high
=,• cad, having thecommand of 13,0001., he was in-
to lend his money on poet obits, amongst others to
the Ns et an earl, who bed been mentioned. Ile had been
dims amongst • class of persons who had never let him
INK until they had got from him everything he had. Ile
MA literally fallen among thieves, like the unfortunate tra-
wdkr from Jerusalem to Jericho. Ile had probably been
debbitious to get into a society which some people mistakenly
called high society ; and he might have assumed a position
inconsistent with the steady business-plodding habits
which distinguished the prosperous and regular English
merchant. Ile (Mr. Lawrence) regretted to say that
elesegat the liability creditors were some persons belonging
11l his own profession, but who were a disgrace to it, and
'edited a disgrace to society. These were men who preyed
you the necessities of the needy, who not only ravished
the poor man when they got him into their
an, but they robbed all of whom they could lay hull.
The clerk in the corn business, with a salary of 3001,, ad-
mitted that he had falsified his principal's books, and was
Indebted in an amount equal to the sum now claimed by the
ilillignee, Mr. Cobbold. In the beginning of the year, the
unfortunate bankrupt had found himself in the Queen's
Prison, at the suit of Messrs. Rogers and Olding, the
bankers. Ile had remained there three months, until some
creditor bad taken pity on him and put lam in the Gazet,e.
It was true he hod been improvident; but it was to be con-
sidered whether he loot not already been sufficiently
punished by loosing the whole of the large fortune which
his father haul bequeathed him.
The Commissioner—When did he begin bill-discounting

Mr. Lawrence said, he believed it 'was about the mine
time as he commenced the corn trade. :But the bill-dis-
counting at the West-End was as unlike the regular business
in the Ci.y as any two things could be. If a young man
was hunched on the world with a few thousand
pounds, the fact got noised about ; some one said
to him : " Robinson, have you any money ? I can
get you 15 per cent. for it." Thus his money
was got from him by thousands ; bills of a worth-
less character were handed over to him, which he
in his turn passed to others, paying a large discount. But
there was no complaint on the part of any creditor that they
had been deceived. He (Mr. Lowrance) should have liked
to see any of the parties who had charged these enormous
rates of discount, and who were in fact the pest and
harpies of the mercantile world, coming forward to com-
plain of the bankrupt's conduct. He should have been
glad of the opportunity of holding up their names to the
world, which now he could not do. The bankrupt was
not at all blameable for the misconduct of his clerk, who
bad been a confidential servant of his father. His books
had been well kept in both businesses. Ile had been sad-
dled with losses, in consequence of bad bills, to the amount
of 11,0001.• . and including the bad debts, the sum was
about equal to the amount of his capital; so that he might
emphatically be said to be his owu largest creditor. It was
said he had created charges on his property while in pri-
sm ; but the fact was that it was out: done in cases where
a previous agreement tut a mortgage existed, so that in
reality he had not diminished his property by what be had
done.

HIS Honour said that, with every allowance for the bank-
rupt that could fairly be made, he could not but think that
his conduct had been such as to iudiet a very great injury
upon a chess of persons who worked hard for their heck-
hood, while lie had wen going on pursuing a most incon-
' siderate course. Ile had every wish to distinguish a case
' favourably where a party commenced with a large amount
of capital, as he was then risking his own money, at the
same time as he put in jeopardy that of others. So far this
calve was favourably distinguished from that of mere adven-
turer. who began with nothing, and took the chance of
losing nothing or gaining something. But a man of large
capital, who went on till he had lost every shilling he had,
could not be exempted from blame. Ile might, if be chow,
live on the corpus of his fund, and nobody had a right to
complain; but if he took a fancy to throw away his pro-
perty on waste paper, to the right and the left, giving it to
everybody who tempted him with a bribe, and promised
him that which the smallest knowledge of life must teach
him was altogether fallacious, and at the same time ran
into debt to the tailor, the breeches-maker, the
saddler, the butcher, the baker, and so on, and
thus left himself without a farthing to pay those
debts—living sU the time at the rate of 1,4001.
• year, ;be was extremely culpable. The court took into
account that he was a very young man when this property
wes left him, and that he ought have been actuated by the
ambition which Mr. Laurance imputed to him,—• very
mistaken one, undoubtedly,—of getting into what was mis-
called high and good socidy. The assignees did not pursue
him vindictively at all. Ile had been in prison • conside-
rable period, live months; as far as imprisonment went, the
justice et the ere was satisfied; therefore he would have
protection. The justice of the case required that the cu.
uteaste should be auspeaded for six months from that date;
when granted to be of the third clam, with protection in
the meantime.

INSOLVENT DEBTORS' COURT.—SATunDAy.

barman Ills.

IN DAL JOACZIY7II7I(XAND 810;IWAL11/.. LITZ AND

___
Scuts ix INDIA."

This insolvent, 1;;;;r:r and proprietor of a diorama
called " Life and Scones in India, applied to be discharged
ma sureties till his hearing.
It appeared that the insolvent had been before relieved
under the act, and that his present insolvency had arisen in
consequence of the expenses attending the construction and
exhibition of the diorama called " Lite and Scenes in India,"
which had proved a failure.
Mr. Commissioner Phillips went through the schedule,
and referred to farmer debts. There had been large debts
on a former occasion. lit did not pee any debt of extrava-
gance in the present schedule, or it would hare been a
question with him whether the application for bail should
be allowed. It would seem that they had been incurred on
accuur t of the diorama mentioned.
_ .

lhu insolvent remarked that the Ware alluded to by the
learned commissioner was on account of transactions in

lades u long thus bath.
Ht. Honour said the present debts, which were about
1,2U01i., appeared to have been on account of a very unfor-
tunate affair in which he had been cogged.
A question arms respecting the personal property of ono
of the proposed sureties. He was possesed of large pro-
perty, sad runic tbuumntis in his haulier's hands. He pro
potted to makc a deposit for the purpose of bail.
Mr. Conunt,iouer said he had no doubt us to the
gentleman's responsibility, but he was required to he tutu-
hod on the seiject of personal property, as, in the event of
delatta in appearing, a distress could only be levied on per-
soma property.
"f he proposed bail offered to make a deposit.
The court Accepted the bail, and told the insolvent to re-
turn the laothiew shown him by attending on the day of
hearing.—lrsolvent—Oh, certainly.
Talc iliseMirtie was ordered to the 19th of December.

CENTRAL CRIMINAL CO URT.
OLD COURT.-SATuRDAT.
MAt&a.
)11:RDIEU.

The following ease was I p-vlAlly fixed for this morning,
and the court was accordingly opened at ten o'clock.
°wins to some misunderstanding, however, the jury, coun-
sel, acre kept w kiting until twenty minutes past
mae, at which hour the learned judge took his seat.
ti4psister,2o, was indicted for the
wilful tourder of Mary Elizabeth Reynolds.
The preamer would have been without the assistance of
counsel, hut the sheriff•, upon becoming acquainted with
the (*set that hu was nut in a condition to obtain 'inch as-
sistance, requested Mr. Cooker to watch the case on his
behalf.

dlr. Bodkin hating opened the faeta to the jury, the fol-
lowing eviihnei. was adduced
. . . . .

violas deposed, that she had cohabited with
the gi !...altout three months before the &all of the
child in They lived at No. 6, Douglas-street,
West aim.nr. About eight o'clock ou the evening of the
tarn of lhmlr r, wituess went out leaving the infant in the
prisoner's room oblrep. It wae witnesses child by another
mon. She met vett& a friend of the prisoner's, and they

drank together and she became intoxicated and was locked
' up in the station-house, and was taken the next morning !
before a magistrate who d..charged her. When she west
home, else found her child covered with bruises and quite
dead ; ond, Irian what the persons in the house told her, she
went to the Equitable Gas Works, where the prisoner •was
employed, and upon seeing him, he exclaimed to him that
he had murdered her child. The prisoner replied, "You
should have been at home. I have murdered it. What to
do I don't know. I had better go and drown myself." A
policeman was then sent for, and the prisoner was given
into custody. (A child's and a man's shirt, both saturated
with blood, were here produced, and identified by the wit-
ness as being those of her child and the prisoner.)
In answer to a question put by Mr. Cooper, the witness
said that the prisoner sometimes appeared to be fund of the
child.

Caroline Lund, a lodger in the same house, and occupy-
ing a room adjoining that of the prisoner, proved that on
the night of the Tdrd October the prisoner came home be-
tween 7 and 8 o'clock, arid by his manners she had no doubt
that he was very drunk. As he was going up 'tails he
called out "all right" three times, and he then went into
his room, and very soon afterwards she heard the child cry
as though it was being slapped or beaten. The prisoner
then exclaimed, " You little wretch, if you are not quiet I
will kill you," and she then heard the child cry again.
Immediately after this witness heard the sound of a thump
or fall upon the floor, and then the child cried still more
violently. Tho prisoner made use of very bad language to
the child, and said that if any one interfered he would
serve them the same. And she also heard him say—" My
lite is a misery—l am miserable—l know I shall be hung,
and I may as well be hung out of the way." After this
there was another sound as though the child was thrown
down again, and it screamed violently. Nobody but the
pri.oner was in the room at the time.
James henry Walker, a shoemaker, living in the house,
gave similar testimony as to what took place in the early
part of the evening. He also sai t that between twelve and
one on the following morning he again heard the child
thrown down and beaten, and it screamed violently. lk-
Meta five and six the same thing occurred again, and
about six the prisoner went out, and he did not hear the
voice of the child any more. About eleven o'clock he went
into the prisoner's room and saw the child lying dead and
dreadfully disfigured, and covered with a piece of ticking.
The witness also stated that the prisoner was in the habit of
ill-using the child, and he had repeatedly complained of it,
and said that he would not stop in the house if he continued
such conduct.

By Mr. Cooper—lie did not interfere, because he was
afraid of the prisoner's violence.
William Miller, a police-constable of the B division, •
proved that he went to the prisoner's room and found the
child quite dead and cold. There was blood all over the
bed, and the child was covered with wounds. Upon
searching the room lie found • man's shirt and a child's
shirt, which he produced. They were both very bloody.
There was some blood upon the hearthstone, and in another
place it appeared as though blood had been wiped up. Wit-
ness then went with the mother to the prisoner at the gas-
works, and took him into custody upon the charge of mur-
dering his child, and he stated what he was drunk when he
went home and that he fell over the child and did not know
what took place afterwards. There was some blood upon
the prisoner's smock frock when he took him into custody.
Mr. Pears°, a surgeon, described the condition of the
child. There were sixteen bruises, some of them old and
some of them recent ones, upon different parts of its person.
The right arm and left leg were fractured, and there was •
very *even contused wound under the left eye, and the
head and face were covered with bruises. All these in-
juries were of a nature likely to be occasioned by the child
being held by the legs and dashed against the ground.
There was a quantity of extravamted blood upon the brain,
and this was the immediate cause of death.
Mr. Cooper then addressed the jury for the prisoner, and
he endeavoured with bi- usual ability to induce them to
come to s conclusion that they might charitably say by
their verdict that the prisoner wee in such n condition of
mind at the time he committed the act, that he hardly
knew the consequences of what he was doing, and upon
that ground that they might acquit him of the dreadful
crime of murder, and convict him of manslaughter only.
Mr. Justice Morale having summed up, the jury, after
deliberating for about a quarter of an hour, found the pri-
soncr guilty of murder, but they at the some time strongly
recommended him to mercy, on the grounds that he was at
the time in such a state of intoxication, and a belief that if
the woman Reynolds had been at home on the night in
question the occurrence would not have taken place.
His lordship put on the black cap, and addressing the
prisoner he said that he had been convicted upon the
clearest possible evidence of a murder of the most aggra-
vated and brutal character committed upon the person of a
poor child, who could not possibly hero given him any
provocation. It appeared that he was intoxicated at the
time, and Lis was another instance of the melancholy con-
sequences that resulted from the fatal vice of drunkenness.
The jury had recommended him to mercy, and that recom-
mendation would be forwarded to the proper quarter, but
he entreated him not to place any reliance upon the effect
of that recommendation being favourable to him, but to
prepare by a sincere repentance for the fate which in all
probability shortly awaited him. The learned judge then
passed sentence of death in the usual form.
The prisoner neither during the trial nor when sentence of
death was passed, betrayed the least emotion ; and when
the learned judge had concluded he walked out of the dock
' with an air of the greatest indifference.
The cases of the parties committed for perjury by the
' judges of the superior courts are postponed to the next
session.