The Express.
London, England, 1853-02-17 00:00:00

Pte.
.
The jury returned a verdict for the defendant.

COURT OF COMMON PLEAS.-YESTERDAY.
SITTINOS AT Nut Pam a L0Y,12011.-Bit.lollll CIIll Juincs JAATLII

WM • OPEIAL
PAWN V. MONTOYA AND OTIINBA.—Taz EMERALD

In the year 1849 the plaintiff in this action was pos-
sessed of 110,000 carats of emeralds, which had lreeti got
from the mines at Bogota, in New Granada, and these
stones be consigned to the defendants, with directions to
sell, the minimum price to be taken being 2 francs 50 cen-
times per carat. One of the defendants took the stones to
Paris, and showed them to the two principal dealers in
emeralds in that city. One of these gentlemen, 2d.
Moping, offered 180,000 francs for the stones and on sub-
sequent occasions he increased his offer to 225,000 francs ;
but that was declined, and there the matter rested for a
time. The defendant communicated this offer to
Megan. Stiebel, Brothers, the agents for the Bogota
Mines, who expressed their opinion that the stones
were worth a great deal more than the sum
offered for them. The defendant then offered the stones to
them for 275,000 francs, and they requested an oppertunity
of inspecting them. The defendant did not think they
were in earnest in the matter, and he, consequently, broke
off the negotiation with them, and sold the emeralds to M.
Moyana for 230,000 f. This, it will be seen, was at the rate
of 2f. 30c. per carat, the mininum price named by the
plaintiff being 21.60 e. This being so, the plaintiff con-
tended that the defendant had exceeded his authority in
selling the stones; and the present action was brought to
recover the difference between the price whilh they realised
and the actual value of them at the time. In the course of
the case, the counsel for the defendants admitted that they
had exceeded their authority in selling for 21.30 c. per carat;
and therefore the only question was one of damages.
The Attorney-General, Mr. Bramwell, Q.C., and Mr.
Sevin, appeared for the plaintiff; and Sir Frederick
Thesiger and Mr. Montague Smith for the defendants.
Upon the question of valise, evidence was given on both
sides. The plaintiff, who had had much experience in the
trade, said that they had never sold emeralds at less than
6f. per carat, except in 1848, when the trade was vary
much disturbed in consequence of the revolution in Paris;
and he thought the stones in question worth that sum.
Beyond this, it was shown that when part of the stones in
question, 36,000 carats, was depseited in the Bank of
France, the declared value was 4f. per carat; and the other
part of them was insured on the voyage from Bogota at 3f.
per carat. The defendant stated that he got the best price
he could, and M. !Levine was of opinion that he gave the
full value for them ; and besides this, there was some other
evidence upon the subject.
The jury retired to consider the matter, and after being
absent for half an hour, they came into court, and gave a
verdict for the plaintiff—damages, 3,3041.65. 6d.

COURT OF BANKRUPTCY.—YESTERDLL
Sums Ma. Connunoirsa HOLIMITO.
IN aE Fatten CASTELLI.-717DOMENS.
To-day was fixed for giving judgment on the question of
certificate in the case of this bankrupt, the well-known
merchant of Bury-court, St. Mary Axe, trading under
the style or firm of " Costal, Giustiniani, and Co."
His Honour said as follows :—This is an application by
the bankrupt, Frank Cutelli, for his certificate. Mr.
Lawrence, who appeared on the part of Messrs. Lehman,
and Webster, of Liverpool, and Mr. Liftman', of Alexan-
dria, opposed tke application. Since the hearing of this
case, having availed myself of the assistance of the official
assignee, I hate examined and considered the documents
referred to by the learned counsel and the solicitor for the
respective parties—l mean the contents of the several ba-
lance-sheets furnished by the bankrupt, his books, cor-
respondence, and account sales, and the memorandum of
dissolution of the partnership between the bankrupt and
his late partners, bearing date Leghorn, the 21st September,
1850. I would first observe that the long and Cl3OO exa-
mination to which Mr. Castelli has been subjected, and the
requisition of the official assignee ter the supplemental ba-
lance-sheet, which extends the transactions of the late part-
nership from the time of its termination to the date for the
petition of adjudication of bankruptcy (the 18th
of October, 1861), as well aa that of Mr. Law-
rence for the additional amounts filed, are mainly
attributable to the bankrupt's non-conformity with tke
term, ot the memorandum for dissolution. If, indeed,
Castelli bad faithfully carried out the stipulation of that
agreement he would probably not have been in the position
in width unhappily be now stands ; it is fair to aid, that
dam his bankruptcy he has not only been most assiduous
in his attendance upon the official assignee, but
Indefatigably zealous in his endeavours to give the
fullest explanation touching his multitudinous trans-
actions. Having duly considered all the circum-
stances of the case, I am of opinion that the un-
der* of Mr. eastern ea • mereheast has net the impress
of a blind precipitancy and an indifference to consequences,
or of a mind floating at all adventurous, without choice and
without direction, so u to bring his within what is gene-
rally understood in this court by that dispazaging term
reckless trading." Then viewing the case, stripped of the
.huge, of fraud and reckless trading, I think it must be
treated es one of a breach of duty by Castelli to his
late partner, which, I think, involved in it a breach of
duty to his creditors, to which also must be superadded
manifest and indefensible indiscretion on the part of Cis-
tern in carrying on, during the liquidation of the partner-
ship affairs, a new business apparently of the first magni-
tude, and under the same firm, without the usual notification
of the retirement of his partners, and, in fact, without any
available capital. At the same time, giving duo weight to
the extraordinary circumstances, and considering the time,
now nearly sixteen months, that the bankrupt has been be-
fore the court, and that the delay in adjudicating upon the
allowance of the certificate since the 14th of September last
(the first day appointed for the hearing) has apt arisen by
any fault of the bankrupt, but in consequence of the de-
cision of this court, that the question as to the validity of
the petition for adjudication against Castelli and hie part-
ners, which was then pending, which decision was after-
wards reversed by the Lords justices upon an appeal, the
bankrupt by his counsel undertaking to abide by any order
the Lords Justices might think fit to make in respect of tke
adjudication of bankruptcy made against Castelli and his
partners; I say, considering all these circumstances, I
think the brankrupt's certificate ought now to be allowed ;
but for the reasons which I have given, I am bound to cer-
tify that his bankruptcy has not wholly arisen from una-
voidable losses and misfortunes, and the judgment of the
court therefore is, that a certificate be awarded to Cutelli,
and that such certificate be of the second class.
Second class certificate accordingly.

INSOLVENT DEBTORS' COURT.—nsup.DAT.

Biro nu Caw Commuarsa.
IN THI MATTER or HENRY Pool.

This insolvent was opposed by Mr. Nichols for a creditor
named Crook, and supported by Mr. Bargood.
After the case had occupied some time it was proposed
that the insolvent should set aside 301. a year for his
creditors.
A day was named for the final order, and protection
granted.
IN RR ROBERT E. LIMIT.

The insolvent, who had been a jeweller, was opposed by
Hr. Dowse for some creditors.
It ayysarsd that the insolvent had omitted • residence
where he had contracted a debt, and it was alleged that he
had omitted other creditors.
His Honour adjourned the cue for amendments, and
took the opportunity to remark that insolvents should be
very careful u to their schedules, seeing that they were
sworn to when they were filed.
Protection was renewed.

MIDDLESEX SESSIONS.-YESTERDAY.
Haou Xi. BRITIANT ADAry AMISTAIT JUDGE.

Thomas Harwood, Sarah Ilartrood his wife, and William
Harwood, their son, were indicted for having kept, in the
parish of St. Mary, Whitechapel, a certain place for music
and dancing, the same being unlicensed.
The defendants pleaded guilty.
Mr. Payne said the chirp against the defendants was for
keepingthe place in question from the let of December up
to the finding of the bill. The parish authorities, however,
gave them notice on the 7th of January ; after hich time
the place was closed for a short time, and was not opened
again for the same purpose, but as a room fur lectures on
Australia and the Gold Diggings, with illustrations, and the
adjunct of a piano. They now undertook that that should
not be continued ; though, at the same time, he thought the
giving of cheap information on Australia and the diggings
ought not to be punished. lie had himself lectured where
the admission was only 2d. The defendants having pleaded
guilty, could enter into recognizance', with one surety, to
come up foe judgment when called upon.
Mr. Bodkin said that since the notice had been given
part of the nuisance had remained ; in fact, the place was a
I penny theatre, and it was closed for a few days, and then
opened as a panorama, with music, &c. It was frequented
by children, thieves, and pickpockets. The object of the
parish was that it should be closed ; and they did not object
to the course pointed out by his friend Mr. Payne being
taken ; but there must be one surety.
The defendant Thomas Harwood handed in a bill, of
which the following is a copy—" Hall of Illustration, 81,
High-street, W hitechapel. Open every evening.—Gigantic
panorama of the colony of New Zealand, as exhibited be-
fore her Majesty's household at Windsor, picturing the
homes of the settlers and native tribes, illustrating in the
most vivid manner the habits and customs of colonial emi-
grants. The panorama will be accompanied by appropriate
music and an interesting discourse, illustrative of the difii-
collies, struggles, and trials of a settler's life, exemplifying
in its course the beneficial effects of civilisation. The
panorama will bring in review the principal public build-
ings, houses, farms, clearings, pas habitations, causes, &c.,
&c. Thu accuracy of this painting is unquestionable, the
sketches having been furnished by the Now Zealand Com-
pany's surveyors, and the panorama is painted in two large
sections, occupying 3,600 feet of canvas. The whale hunt
in the Great Southern Ocean. Admission, pit Id., boxes
11. Hein of exhibition 6,7, 8, and 9 o'clock."

The Assistant Judge said that at the preeent time the
power oflicensing places of this kind was in the hands of
the Lord Chamberlain, and was not under that most mis-
chievous, absurd, and stupid sat of George H., an act
which, by a misconstruction placed upon it, had created •
monopoly of music and dancing licenses, and had thereby,
by giving encouragement to persons to keep unlicensed
places, produced more evils in this metropolis than
any set he knew of, and that was saying a great deal. The
magistrates now, and though he was one of them he
would say acted most judiciously in granting these Humes
for music only apart from dancing. The public feeling was
now against unlicensed places, whereas before the change
took place in the form of license the feeling was in favour
of them ; and the court, as fir as it was called upon, would
do its best to put them down. Here was a place, the ad-
mission to the boxes being announced at 2d., and the pit
Id. ; such places produced demoralisation to an extent
almost incredible. He was glad the parish prosecuted, and
he hoped other parishes would do the same in similar cases.
At the other sessions a man was sentenced to six months for
the same offence, and these defendants would have had the
the same had they resisted the cue and been found guilty.
lie then ordered the defendants to enter into their own re-
cogniaanees, with one surety, to come up for judgment
when called upon.

THE POLICE COURTS.
BOW-STREET.
I Mary Ann Evans, the keeper of a coffee-house in Wych-
street, Strand, and Matthew Moore, her paramour, were
placed at the bar before Mr. Henry, charged upon a war-
rant with violently assaulting and beating Jane Power, a
servant-girl in their employ.
Mr. Isaacson, the vestry-clerk of St. Clement Dane with
the churchwardensand overseers of the parish, attended t
watch the case, with the view of founding an indictment
against the defendants, upon the evidence elicited, for keep-
ing a brothel.
The prosecutrix, a young Irish girl under 20, stated that
she went into Mrs. Evans's service, at 42,Wych-street, about
a week ago. She was to be paid according to her
chances," receiving what might be given her by the
gentlemen who visited the house—some of whom came to
ace the ladies living there, whilst others brought ladies
with them. She was in the habit of supplying coffee to the
parties, and showing them into rooms. At shout 2 o'clock
yesterday morning two gentlemen came to the house,
and they got drinking with the defendants. Witness saw
Mn. Evans take up one of the half-sovereigns which the
gentlemen nut down for some gin, and no change was
given back at any time. The male defendant said they
were friends of hie, and 'misted him in thieving. Mrs.
Evans desired her to go to bed, but she and another servant
both stopped up. They all went out and came in again at
about six o'clock, when her master (Moore), finding that
she had not gone to bed, commenced beating her in a
shameful manner—knocking. her about the face and head,
and preventing her from going out of the room. At that'
time her mistress tried to prevent his beating her. They
were both drunk. At length she got into the street, where
a mob had assembled. She told the police what had hap-
pened, and was advised to apply for a warrant, but after
going back to the house her mistress (Evans) laid hold of
her by the hair of her bead and dragged her about the
room, beating and kicking her all the while until her cries
of murder brought people to her assistance.
It was evident that the witness (who was taken to the
hospital) had been severely bruised and beaten; and a little
girl, who ran into the house on hearing the screams, con-
firmed her statement as to the assaults committed by
Evans.

Mr. Henry fined each of the defendants 51., or two
months' imprisonment in default.
Evans, producing a box full of sovereigns, paid her fine
immediately ; upon which,
Mr. Isaacson, on behalf of the parish, applied to have
the woman held to bail, to answer an indictment at the
sessions. There was every desire on the part of the paro-
chial authorities to suppress these horrible dens of infamy,
but it was usually a matter of difficulty to get the requi-
site evidence to enable them to do so.

Mr. Henry, considering the statement of the witness
Power to be conclusive on this point, ordered the woman to
find two sureties of 201. each, and enter into her own recog-
nixances in 401. to appear at the sessions.
A tradesman residing at the back of the house occupied
by the defendants, and who, with his neighbours, were
kept in a constant state of alarm by the disturbances going
on in their place, stated that the male defendant had
threatened "to do for him, at any cost, within six months,"
for interfering with the affray ; and as he was a dangerous
person, witness wished to have him bound over to keep the
peace towards him.
Moore was then ordered to find sureties in the tame
amount to keep the peace for six months.
The defendants were both committed to prisob in
default.

A coal-dealer, named Hubert, living in the Adelphi, was
summoned for having sent oat a quantity of coals without a
weighing machine.
The defendant was convicted and fined 61., his worship
having mitigated the penalty to one-half.
Mr. Henry has received an intimation from Mr. Sheriff
CroU, that 26 chaldrons of coke would be placed at his dis-
posal (for the use of the deserving poor), at the works of the
Central Has Company, on Bow-common.