The Express.
London, England, 1853-12-06 00:00:00

GOOGH G. GROOM AND

IULT.

Thin sou an action to recover damages for an assault.
Mr. Hawkins and Mr. Beueymea appeared for the
plaintiff, and Mr. Serjeant Byles for the defendants.
The defendants live in Park-street, Bethaal-green, and
the plaintiff was formerly in their employ es a *errant of
all work. On the 4th March last, the plaintiff was cleaving
a room, when Mn. Groom called her, and after some delay
she went. Mrs. Groom said she did not want her then,
and pushed her away. The plaintiff fell down and broke
her wrist, and the injury was so serious that she had at-
tended at the hospital for sin month., and was not now able
to do her ordinary work; and, indeed, the doctor said she
would probably be able to do some kinds of work, such
as washing for instaace.
The plaintiff and her witnesses were cross-examined to
show that Mrs. Groom was a woman advanced in years and
infirm, and that she had only put her hand upon the
plaintiff, without any intention to push her, and that she
by accident fell. Mrs. Groom, however, when called was not
in court to give evidence for the defense.
The jury found • verdict for the plaintiff.—Damages
251.

COURT OF EXCHEQUER—YESTERDAY.
armee AT MIR MVO AT WANTIIINSTUL-1111PORI THE WAD
CRIMP DAMON AM) OPSCIAL 19111.1.
MOORWOOD V. TCPPEII.—..PATENT CASE.
This case was concluded to-day, when the jury found •
verdict for the defendant. The action, it will be remem-
bered, was for the infringement of • patent for coating iron
with ainc.
The Chief Baron said the verdict must be entered on the
first bone, to which the plea had been notgoilty and that
the invention was sot novel. The plaintiff might move to
ester the verdict on the other issues; sad he would give
leave to the plaintiff to move to eater the verdict generally.

DRUM T. THE LoNDON AND HLAC►WALL RAILWAY
ctifIVANY.—PEIisoNAL INJURY.

Mr. Janus red Mr. C. Pollock ay; eared for the ploiot.ti;
and Mr. Serjrant WilkiQs and Mr. Phipson for the de•
(cadent,.

This was an action to obtain compensation in damages
for an injury which it was I.lkt/ea the plaintiff had sus-
tained in consequence of the negligence of the defendant.'
servants. The defendants had paid 261. 16e. 6d. into court,
and pleaded that no damage had been eastained by the
plaintiff beyond that amount. It appeared that the plain-
tiff was coming up from Blackwell on the 30th of August
lait, and was in the last car:iage in the train. When near
the Poplar station the train was run into by an engine, in
consequence of which the plaintiff received a severe coma•
lion of the knee. He was confined to his bed for 10 days
and unable to attend to Minima for more than a month.
The doetor's bill amounted to 61. 16..6d.. and the plaintiff
claimed altogether for the personal suffering which he Mil
endured, hi. Ines of time, and medial attendance, 621. los.
The jury found a verdict for the plaintiff--dasiteges, 401.,
including t►e sum paid into wart.

COURT OF BANKRUPTCY.—YzerraDAY.
•was NIL CONIIIINIONti Gamma*.
IN BB WESTBROOK.
_

The bankrupt, Richard Westbrook, was described as a
haydealer, of Laurie-terrace, New. eras, Deptford, having
been made bankrupt in that character through his connexion
with the Islington Cattle Market. The case has been
already before the court on more than one Occasion, the
adjudication having been disputed by a creditor, on the
grated that the bankrupt was not a trader within the mean-
ing of the act. The trading being established to the satis-
faction of the court, the case proceeded in the ordinary
way, and this was the sitting appointed for the last eland.
nation of the bankrupt. The preparation of the accounts
was confided to Messrs. Hart Brothers, and they extend
over four and a half years prior to the 23rd of September
last, the date of the adjudication. The balance-sheet ex-
hibits the (*firming items:—
Dr.—To sundry creditors, 1,3001. ; profits on trading
7531.; due from Widows' and Geseral Assurance Associa-
tion (as a director), 2001. ; received as wife's portion, 4,0001.;
from mother-in-law, 1,3501. ; from Islington Cattle Market
and Abattoir Company, 1,3001. ; liabilities, 36,6501.
Cr.—By amount due from assurance aasociation, 2001. ;
property, 501.; paid as deposit on the purchase of the Isling-
ton Cattle Market and Abattoir Company, 3,1001. ; repairs,
alterations and other expenses, 8021.; house and personal
ditto, 3,2001. ; deficiency on the 24th March, 1849, 1,4201. ;
liabilities (as per contra), 36,8501. To the property sheet
appears the following memorandum : "In March 1849, I
purchased the Islington Cattle Market for the sum of
85,000!., 23,0001. of which was to be paid in cash, and the
82,0001. to remain on mortgage. I sold the market to the
company for 105,0001. I bad paid a deposit on the purchase
of 3,0001., and it was agreed that I was to receive 6,0001. in
cash, which I did, and 18,0001. in shame, 1,780 of which
are in the hands of my official assignee; the
ether 40 I gave to Mrs. Fox, as I owed her 4001. at
that time. In 1852, Perkins's executors, the mortgagees,
end ed to sell the mortgage, but could not succeed,
in consequence of its beiag reported that there was a flaw
in the title. The company then petitioned the Court of
Chancery to have the title decided. lam also entitled to
a sum of money from the above company for my attendance
as a director—l should say about 6001."
The liability creditors comprise Mr. Samuel Adams,
banker, of Ware (the gentleman who disputed the adjudi-
natio.), the European Life Insurance Company, Mr. A. G.
Pooley, of Nicholas-lane, the Royal British Bank, the
Shropshire Banking Company, and the Union Bank of
London—all on promissory notes for large amounts. The
bankrupt adds, in an explanatory note,—" On all these
promissory notes I am jointly liable as a director with the
other directors of the Islington Cattle Market and Abattoir
Company, namely, J. 8. R. Clark, J. Cheatham, H. A.
Harrison, F. W. Hamilton, H. Kirk, W. Shaw, and A. B.
Wall."

The trading account contains the following items :—To
wages, 4591. ; balance (profit), 7531. ; total, 1,2121. By
lairage account, 3461. ; fodder do., 4331. ; rent do., 4334 ;
total, 1,2121.
Mr. Nicholson, the official assignee, reported as follows :
"Of the f,3001. returned as due to creditors, 1,1501. is
stated to be for cash lent, and 1501. for law aspen's. No
entries are made in any book of the bankrupt's of these
amounts, neither has any account of them been furnished to
me. The liabilities arise entirely from the connection of
the bankrupt with the Islington Cattle Market and Abattoir
Company, in which company he appears to have been a
director. The liabilities upon bills which appear to have
bean discounted for the benefit of the company amount to
35,9441. 31. 44. The liability upon running unman is
70.51. 17s. 4d. The profits, returned at 7531., relate to the
business carried on by the bankrupt from March, 1849, to
March, 1860, at which period the company (in respect of
which so heavy an amount of liability arises) was com-
menced ; the profits are vouched. The expenses relating to
the business carried oa from 1849 to 1860 amount to the
sum of 4521., and are vouched. The bankrupt charges the
sum of 3011. as interest, which he states be has paid to his
mother-in-law. There is nothing whatever produced to me
to vouch these payments. The house and personal expenses
are charged at 7001. per annum, and amount to 3,2001. No
voucher of any kind is produced to support this item. The
bankrupt returns the sum of 2001. u due to him from the
Widows' and General Assurance Association. Upon appli-
cation to that company they have paid me the sum of
901. 10s. 6d., and state that nothing more is due. In the
cash account the bankrupt charges himself with the sum of
10,6501. as the amount received by him during the period
which this Wanes-shut extends over. He Molines a this
sum in the following manner:—Cash paid to Harm= and
Son, 4001.; to Noton, 1501. ; to Wall, 60/. ; deposit on the
purchase of the Islington Cattle Market, 3,1001.; paid Kr.
Shaw, 500/. ; Laurie and Co., 1,3001.; Armstrong and Co.,
1,3001. ; B. Kirk, 6501.; house and personal expenses.
and medical attendance, 3,2001. No voucher of any kind
has been produced to me in support of any of the above

payments.
•-
Mr. Lawrence, for the bankrupt, asked that he should
Mr. Harris, on behalf of the snivels, said he wished to
examine the bankrupt.
The Commissioner—Are any of the creditors here ?
Bankrupt—No, sir. I owe nothing beyond the liabilities
in respect of the market.
The Commissioner—Nothing ? Do you call 1,3001.
nothing ? It is rather a large amount.
The bankrupt deposed that on the death of his father-in-
law he left property to be equally divided between his two
daughters. The entire sum was 20,0001. stock. Mrs. Cum-
ming, his mother. in-law, had allowed him 3001. a year. She
had resided with him for the last 40 years. When he wanted
to raise the 4,0001. to pay the deposit on the market he ap-
plied to the trustees, and with their Imogene stock to that
amount was sold out. Either Mr. Tyrell or Moms.
Armstrong and Westbrook were the solicitors employed.
Exactly 4,0001. was raised, for which he and his wife gave,
a release to the trustees. His wife had no other property
than he had stated. On the death of Mrs. Cumming, in
1851, his sister-In-law's interest was transferred to new trus-
tees. The property in which his wife was interested was
all gone. His sistarin-law continued him the allowance of
300/. a year after Mr.. Cumming's death.
The C.mmi=er—l confess I do not like this account at
all. He charges himself with cash to the amount of
10,8501., and there is not a single voucher to show how this
has been disbursed.

Mr. Harris said it appeared a bill of 5,0501. had been die-
counted for the Cattle Market Company, and the proceeds
divided amongst Mr. Westbrook and five other directors.
That was so strange a transaction, that some explanation
ought to be given of it.
Bankrupt professed himself ready to give the necessary
explanations.
His Honour said he certainly could not peas an account
so utterly abed , even for the household expenditure
of 3,2001. there was not a single voucher.
Mr. Lawrence submitted that many of the items, to the
extent of at least 7,0001., might be vouched on application
to the parties to whom they were represented to have been
paid.
Bankrupt—Ne doubt of it.
His Honour recommended Mr. Westbrook to go carefully
through the accounts, item by item, and supply all the
vouchers in his power, so as to satisfy not only the court,
but the creditors. There must be en adjournment for that
purpose. The bankrupt, as a man of business and probity,
must make it his own concern, and supply all the informa-
tion he possibly could. It was a pity this was not done in
the first instance.
The bankrupt said be could have supplied a great many
vouchers, had he known that they would be required.
Ultimately the examination was adjourned fur a month.
Mr. Hams said the directors of the Widows' and Gene-
ral Life Assurance Association denied that there was any
such sum es 200/. due to the bankrupt. A sum had been
allotted to him, which they coasidered a full equivalent for
his services.

His Honour said the matter must be inquired into, and
a full explanation given in the subsequent accounts.

INSOLVENT DEBTORS' COURT.—YEnzaDAT,

INFOIM NL COJOIDIBIONZA PHILLIPS.
IN HZ PHILIP IOGEILs.

This case, which bad been several times before the court,
was further beard. The insolvent was a cheessmonger, and
the complaint was that he had made away with his property
to his brother, Joseph Rogers.
The Court thought it was a colourable affair, and deferred
judgment to settle.
Adjuurned for a week.

81:RISTTSHIPS.

Two insolvents applied under the Protection Act. They
had been surety for other penons. One said he did it as a
matter of kindness.
Mr. Commissioner Phillips told him that as a matter of
duty he could not give him protection.
Both cases were adjourned sine die.

IN RI SAML ILL INSULL.
This insolvent, who petitioned under the Protection Act
as a trader, was described as a " dairyman." lie said he
bought and sold milk.
Mr. Commissioner Phillips said that by the bankrupt law
a " milkman " was a trader, and " dairyman " was not
mentioned. He should dismiss the petition that the insol•
vent might be described as a milkman. The same proceed-
ings would be used, and protection granted on the filing of
the new petition."'

MIDDLESEX SESSIONS.—YESTERDAY.
The sittings of the court for the November Adjourned
Session were resumed this morning at the Guildhall, West-
minster, before Mr. Berjesnt Adams, Assistant-Judge, and
• full bench of magistrates. There were bat 43 prisoners
for trial, the whole of whom, with the exception of one,
were indicted for felony.
The Assistant-Judge, in charging the grand jury, re-

marked on the inutility of the grand jury system, and that
income cases grand juries were *ores then u.eless. As on
Mottoes of thee, he would mention that at the last sespion a
roan was committed for trial for a most brutal us.ult on
his wife, and the grand jury threw out the bill because,
he had little doubt, the true facts of the ease were riot '
fore them. The wife, probably very anxious to get her'
husband off, told them that he did not hurt her and that he
was always kind and good to her, and as the grand jury had
no means of ascertaining the truth, they believed what she
said and ignored the bill. If the ease tad come direct to
the court for trial, instead of being first submitted to the
grand jury, the result might have been very different, for
the woman would not have dared to tell such falsehoods
when the court had before it her deposition taken by the
magistrate.
&MIMI Gill, 38, was indicted for stealing a crown piece,
the money of William Wykes, his master.
The prosecutor was a publican in the New road, and the
prisoner was his barman. In consequence of suspicion as
to his honesty, the prosecutor mulled some money, and got
a friend to visit the house early one morning and make a
purchase. A crown sad two halterowns were marked, and
on the till being examined after the purchase, which
amounted to about fourteen shillings, was made, the crown
wee not there. The prisoner made several false statements,
and a police officer found the missing marked coin in a
carpet bag belonging to him. The presumption was that
the coin did not get into the till at all, but wu purloined
when taken Over the counter.

The jury Coned the prisoner Guilty.
The Assistant Judge, oader the powers of a recent act,
ordered the verdict to be recorded as guilty of embezzle-
ment, and not gsilty of larceny—as laid in the indictment.
His own opinion was that it was a case of anbezzlessint,
but he would reserve the point for the Court of Criminal
Appal, whether, upon the evidence, the offence was em-
bezzlement or larceny.
The pri•ooer was then remanded for judgment.
Henry Devine, convicted last session, and remanded, in
order that inquiry might be made as to the state of his
mind, was brought up for judgment.
The following certiticate was put in :
I hereby certify that I have carefully examined Henry
Devine sines he has been in this prison. Twice be has been
attacked with apparent convulsions, producing contortion
of countenance, with temporary aberration of mind. I
have witnessed these two se'.artres, bat I am of opinion they
were both simulated, and I do not consider him of unsound
mind. "HaellY WAKEFIELD. Surgeon.
" House of - _
Dec. 3, 1863."

of Correction, ?diddles's, 3, lb._
This prisoner, it may be remembered, pleaded guilty to
a charge of robbery of plate, and a statement wee made by
his mother, that he had been in Bedlam, and other lunatic
asylums, while under a sentence of transportation, and that
be was at ►ength d* on a ticket of leave.
The court now santamead to be kept to hard labour
for one year.