The Express.
London, England, 1849-10-25 00:00:00

THE EXPRESS, THURSDAY EVENING, OCTOBER 25, 1849.

'Lab) 3lntelltgence.

COURT OF BANSRUPTCY.—YzaramiT.
Barone Ma. Coinstenowin Erass.
Rs KIMBALL.
This wu the last examination meeting in the cue of
Francis Boobeil, winemerobait, Charles-street. The so-
wants had been fled, and showed debts to the amount of
4,0001.. with an inconsiderable amount of wets.
Mr. Lawrence. for the bankrupt, asked for as adjourn.
mast for • mouth, es the magnets, though not impeaching
the •eeeants rendered, were anxious that they should be
carried further back.
Mr. Nicholls, for the mignsel, consenting, the meeting
was adjourned accordingly.
Re BLAIIIIII AND PALllsE.—VAirmumfratstointe.
The taskrupts. dsscribrd es wine-merchants, were the
late lessees of Van:boll-gardens. There was • meeting
yesterday for the choice of assignees; bat not a single
creditor appearing the meeting was necessarily adjourned.

WESTMINSTER COUNTY COURT—YESTERDAY.
Buena D. C. MOTLA3I. EMS., Jecor.
POWZLL V. FZILINIAX.
This was as salon of *rover to recover the sum of 12/. 21.
ander the bilowing ciecumetsnom
The plaintiff is the well-known pedestrian, and about the
time of Epsom Races lodged at the defendant's, who is the
keeper of • coffee-home. He went into the country for •
few days, leaving two carpet bags at the hate containing a
gold chain of the value of W. 1 s. ; • shooting-coat, 11.5 s ;
three waistcoats, 21. 2s. ; a pair of trouser?, 141. ; ten hand-
kerchiefs, 11. 155., and other articles, making up the above
amount. He told the Kuala that if any one went to look
at the room to remove the lags and take ere of them till
his return. When he came bock in about a week he asked
toe his bags sod t.ley was brought to him, but they had
been cut open end ell the contents gone, and the present
action was brought to mover the value.
Tne aelendant's scuiciair submitted that no action could
be maintained age irst hii client, as the plaintiff was not •
guest in the bones at the time.
The Judge asked the pl dale' if he was to pay anything
for the care that was taken of them ?
The plaintiff Raid no simement was made, but he shoal
have paid any charge that was made.
The Joey s►id that woad not do, and he must b,
nonrated.

MIDDLESEX SESSIONS.—YEsmDAy.
Berens Its. fiasemer Antes, Assurasr Rom
A Juvff!Mall CatIfINAL.
Edward Toghia (the boy alluded to by )dr. Seijeant
Adams in his charge to the grand jury on Tuesday) and
Edward Ska• were ineicted for baring stolen nine silk
handkerehiefs, the property of John Hitchcock, drayer, of
139, Edgware-road.
Counsel appeared in behalf of Toghill.
'the evidence of the prosecutor, and policemen 95 and
135 of the D division of Metropolitan Police, clearly proved
the cue against the prisoners. They were seen lurking
together in Edgware-road, and the of icen indicated above,
knowing who they was, watched their proceedings. They
stood some time looking into the window of the prosecutor's
shop, and at length Toghill went in, and whilst the prose-
cutor was waiting upon a customer, he walked deliberately
up to a pile of handkereMeis exhibited in the window, took
of a portion of them, and made off. The eaten,
irostietletii,captured both him and Skeet (who had followed
Toghill), and conveyed them to th-• poliee-Mat:ost.
The Jury found bola prisoners Guilty.
Tim indictment further charged, that on the 17th day of
August, in the year 1817, and on the 10th of August, in the
presses pore the prisoner Teghill was convicted summarily
bg neelluS polies magistrates.
Xs, tbe deputy deck of the peace, produced the
of the convict-one, and Lockyer, the officer
0; itireetedcster Ileum of Correction, proved that the
prisoner had suffered the terms of imprisatment mentioned
in the convictions (three months, and one month with two
whippings), in that prison.
The Jury found the prisoner Guilty of this portion of the
indictment, viz., that he had, as stated, bzeu before con-
Tired.
The learned Judge raid he war very glad that the pri-
soner was represented by comp.', as that would re-
Live him of a coneiderable portion at the dila:tall
he had in dealing with the use of this boy, because
it was the first time In this court that an indictment
had been framed as this had been, charging the prisoner
with having be n previctvlyemvicted, ems, of that descrip-
tion having invanabiy been sent to the Central Criminal
Court. An application in respect of this question had been
made to the Secretary of Sete from Surrey, mid he had
intimated an opinion that the Central Criminal Court Act
did not interfere wi-h the jurisdiction of the Sessions; but it
was a question of such great public importecce that he had
directed the indictment in tads case to be so framed, in order
that the opinion of the judges might be tab -a upon it. He
felt somewhat perpl. red as to the correct undo of proceed-
ing, a, he had determined to have the matter submitted to
a higher tribunal. Au act of parliament was lately passed
abolishing the pueeiehmeint of transportation, except in costa
where the accused party was proved to have been twice sum-
marily convicted, and the main point to b.' determined was
whether that court was competent to receive inch proof, and
make the previous cone:vino the matter et a separate and
distinct charge in the indictment.
A discuseion then ensued between his lordship and he
learned gentleman who appeared for Toghill, as to the pro-
' visions of the 7 & 8 Cleo. IV. c. 28, a. 11, and the 6 & 7
Will. IV. e. 111, in reference to the particular shape in
which evidence of • previous conviction for felony should be
laid before Sly jury. Ultimately,
The learned Judge said he had acted fn the present in-
stance under the act which directed that the fact of a former
*eviction should not be mode known to the jury until the
/pacific charge for which a prisoner WAS Edicted should be
disposed of. He was I- dined to believe, however, that he
should be justified under the more recent act, in making the
former convictions a par: of the indictment generally, and
sending the whole use to the jury, instead of shaping the
former convictions into a distinct charge, to be gone into
after the principal charge was disposed of. The sentence
upon Slum was that he be kept to hard labour for sit
ealeedar months.
Us learned counsel who appeared for Toghfil begged,
before the court sentenced that prisoner, to my that his
father, who was foreman to a tailor, his mother, and his
family were respectable, and that the boy when at home was
always steady, well behaved. He was assured by the parents,
who had two other children, that he had been initiated into
bad habits by parties with whom Skas was cornered ; they
bad made a tool of him, and he was now their scapegoat.
The learned Judge said nothing could be more atrocious
than this. Here was a boy of 10 years of age, who in lam
than two years had been convicted summarily no less than
eleven times ; he had been whipped seven times by order of
the magistrates before whom he was convicted, and fourteen
months of the period he had mentioned were passed in the
Houses of Correction in Middlesex, and no doubt be
was acquainted with the prisons in the City, at
Maidstone, and in Horsemonget-lane, yet his parents
cams here and expected it to be believed that he
was a good and steady boy. He it was who seduce&
others—others did not seduce him, and if this conviction
were good he most catainly would be transported. It was
scarce y credible, that we were living in a christian country,
and in the nileteenth century, for there were no means of
any kind, character or description, that could be applied to
this boy and the class to which he belonged. If the prisonet
were sentenced to transportation (he would be if the convic-
tion were valid), he would be sent to Parkhurst, and U
approved, would be taught a trade, and ultimately sent to
' ens of the colonies. He was doing his best to get its law as
regarded these poor children into a healthy and wholesome
state, thou di he was represented as " riding hobbies." He
should order the prisoner to be remanded.