The Express.
London, England, 1853-11-17 00:00:00

THE EXPRESS, THURSDAY EVENING, NOVEMBER 17, 1853

I sewed, 11,7061 ; ditto ander insolvency, 2,5131. ; liabilities
under former bashrapteT renewed, 42,2601."
IMr. Stens&ld, the official essignee, called the attention of
the. court to a portion of his report on the care, which was

follows :

" The creditors under the former bankruptcy, which oc-
curred in September, 1812, end since renewed, 8,7661.45 ,
an vouched by the old balsam-sheet to the extent of
7,2661.45. The fact of the renewal is shown by the sche-
dule filed ender the insolvency in May, 1844, to the extent
of 5,9641. only. The creditors ander the insolvency,
2,5131. 17e. 3d., am all vouched by the schedule. In oddi-
ties to the above debts, which form the deficiency, the
Iliminps was liable upon the following—vis., liabilities
ne~trisaer bankruptcy renewed, 41,3411. lls. 6d., which
ere embed by the said schedule, with the exception of two
aimed 1,9111. The liabilities under the insolvency, 4,8.501,
taw oefinhed by the schedule tbtrein filed."
M ela
te proved ?you satisfied that none of theta Sa-
lad
Mr. Lucas—Just so. There is no
flea.
The

-What do you say about unavoidable
losses and misfortunes, sad what do you say about book-
keeping ?
Mr. Lucas--Au to the book-keeping, it is hardly to be
contemplated that a person in the situation of Lord Hunt-
itower would keep Woke.
The Ceemelleimmand only know him as a horse-dealer.
Mr. Luene—Your lemeur will also take into eonaideration
the circualimmen Olds position in life.
The Oismilielener—No, I won't indeed. After his for-
mer hoalsrighte mot his insolvency, he has bad abundant
mamba NM la ism Woad to keep books, if he chose to
Mrecial=ll=la the actual debts were very small
Whisk Norma whit the whole amount in the balance-
=mad Monk etrietly speaking, every trader was
to keep boas, • court of equity would always make
a dietiossiesi hstamea the ere of an extensile merchant
who had a large itatoothehmese, and kept a number of
dirks, and that dame par little, ignorant man in the
almatry, who odd Map for a half-penny or a farthing ;
Ohl possibly tit dhliallisa between • gentleman who hap-
Inaml M be a Mile. ohl • trader of the ordinary clogs was
as mot: and on sae mould my that such a an could be
orpoolad to keep bolts. Those things were to be looked at
as as the ammo het of his being a trader ; and there
were many .is Is which it was Impossible not to draw the
diotinetion bottom a merchant sad a petty trader.
Thu Commiedeer—How many small traders have you
known me to simpead for six and twelve mouths because
they did not keep books ? I only require • man to keep
books according to the nature of Ina trade. Ido not expect
a greengrocer to keep his books by double entry ; but I do
expect some kind of books and vouchers from every person
calling himself a trader, and under that plea or pretence
coming for relief to this court.
Mr I think the whole extent of the trading does
not exceed 700 f.
The Commiseioner—But the whole extant of the debt, if

I read it, rightfrom the belaact-sheet, is 65,000/.
Mr. Lucas submitted that the court would not be admin-
istering equity in the way it always did if soots distinction
were not made in aas of this kind. It ought to be dome,
as mach as in the wee of an officer aiming from India, who
was inveigled into a partnership, and was ruined, and of
course did not keep books.
The Commiadoner—There is a distinction, which has
been already drawn, between a misguided boy, with large
expectations, tolling into exceedingly bad hands, and thereby
contracting very large debts. That is a thing for which
&mouse, has been made ; but when I find a pinion who
has had previous experience of bankruptcy, and farther
experience of imsolveney, again coming to this court as a
Mader, and not complying with that which he owes to the
exigencies of this court, I cannot think that he is entitled
to say indu/seum.
Mr. Leese—This is virtually the old bankruptcy.
The Commissioner—This is virtually the old bankruptcy;
became the bankrupt his, moat improvidently and most
improperly, renewed debts which were covered by the
original bankruptcy—come covered by the original bank-
repay, and some, I believe, rejected under the original
bankruptcy ; and thereby ha has done injustice to his sub-
sequent creditors. I have already, within a very short
time, impressed my disapprobatioa of that course, and I
shall therefore not repeat my objection to it. Under those
circumstances, and attributing this second bankruptcy en-
tirely to misconduct, I do not °smokier that it coatis under
the definition of unavoidable loss or misfortune. I there-
fore cannot award the bankrupt any certificate but oar of
the third dams ; and as he hes mot kept any books, and as
very large items of the accounts before me are unvouched,
I must suspend it for the very least for six months, in order
to mark the determination et this court that books must be
kept by all persons rendering themselves liable to the
bankrupt laws. There is another quid= which it
will be necessary to eater into, at to whether
any condition shall be swami le this certificate.
A condition was annexed te Ile Ismer serilleate : a bond
was entered into by the bemitrupt WOOL, sad the
ground for annexing to that sertileals a esaMdma for pay-
ment out of the future estate was this—that the credit was
obtained on sap/nodes of the future estate. It is impos-
sible to believe that the bankrupt mould have bees trusted
to the enormous extant towide& be was Masted, except for
the expectation of the credit/in that he would have ample
property. He has, by his own snadaas, pledged his future
expectations to the eillataas7. Olin Might to give
effect to that pledge by a midden to tie certifi-
cate. I shall eases some to his certificate, but it
will be seminary be me le lash more minutely into the
figures relating to the lemier bankruptcy, to this bank-
sptcysad to the insolvent,. Were I decide what it is.
present, myjudgmeat is that shall have a third class
certificate, to be immodest for six months from the data of
the last examination.
In remain to his property in expeeLney, the bankrupt
makes the hallowing statement in the property schedule of
his balemes-eheet :—" I am advised and believe that under
thew of Wilbraham Barl Dysart, lam entitled for life,
at myfrelorea death, to a moiety of the estates, freehold,
mid leasehold, in the waft of Sonny, purchand
by the NU Bed Dpart, embed by hl win and all
false sod Mass while ho midi so bevies, alp to the
pielorey sallow, woow bole. fornitars, de.,
whiskstthedelSlS, sogfoolo
She- ssid Meabm Earl Dysart
were at his mein sa_issa, la the county of Surrey. Also
leader the will of me
_Mher's father, Sir W. Taltuash, at
the isseme of Iladiar, I am entitled to the household
goods. fammlbeta, de., at Buckminster in the coun-
ties *1 Imiseseersod Lincoln, and also to all 'the resides of
the rod Mate of the said Sir William Talmo& for my life,
and in a tlAlatereet in the maid Sir Was. Tdmash'saWlitary
panned dead. Mr. PsansU, the said aldose order
ay ham bealcrussy, hells a bend idol ass about the
141 h .111042, sa the above Mends for 40,00 W., given
by the dtireeeiMYlmss of Ms. Chainissionsr Ifeabiragne, tomcat*
any sum set onsesdiag W.W. as, together with my
estate to be ainshislsrel saes the flat then la pagandom
against sae be anilsisat to pay the esseuna of seek
debts as hak boss otatigid thsreaftarlso peeved vain es*
flat. 1 entered into sods bead perioas to my cordials
being mated."

DDLEBIX 8131111310N8.—YarnaDAT.
WOW Xll4. lIIIIIIIIMIT MAI" AMINTANT J 17114111.

FRACAS AT • LITIZILIAT INSTITUTION.
JOU Mats" podium, treasurer of the Debtors Lite-
rary aall lisioatilic Instituters, Mr. Esquire Delos, a mar-
pea, as/ Mr. AMU Tab; memben of the committee of
=l7:met the tams, wen Makin he haviag coom-
aLakt Mr. Sleben Cr,.., ea the eveaiog
of the 1111 i at OaOsbet. _ _

The peoseentor maid—l was foieserly a licensed victualler.
I wee residing at No. 41, Bloomfleld-street, Adams, in
OstelMr last. Da the might of the 11th of that mouth I
went to the Literary Institution at Dalston to hear a lecture
an " Tal Oneery of the Senate." I ascended seven or
sight elleleastlrrtioo of the inatitation, and after pass•
two more steps to the entrance ball.
rirsny seat is the lecture-rood, having previously paid
Mir atintimion. After I had been there for about a
eseitille of ea hour there was some alien hissing and die.
in whieh I joined. There were about
Wpits then in the lectors-room. After my-
self MA ethers bad expressed our disapprobation,
thine egnimred to be a desire on the part of some other
pateens to get up a burst Ogees's, for which a signal ap-
noea to be given. I rewind in a low use that the
mere was not deserved, and it it was for the purpose of
the lecturer, that it was were humbug. Upon
Vlllair:eg e from my seat for the purpose of leaving the
when the three gentlemen now present and another
came up to me. One of the gentlemen made a
Neel as appeal to the audience, and said " Re is drunk." I
Aea was then raised, " Turn him out." The three de
Iheinste then came and took hold of rity coat, and bunted
•leaving the room, and I did so. From the time that
she, on say leaving the room until I got through
the desetray, they had hold of me. When I get to the en-
lOW, hall they let go their bold, when I then said, I would
4111Elikt how far they bad committed an assault upon me.
They with others then seised me with violence, and ran me
dews the entrance hall, and down the two steps leading to
the poetise, keeping hold of me all the time. They then
"gang' me down the steps and I fell backwards. I fell
mem a step on the fag-stone, close to the carriage way,
where I caught the spine of my back. I was severely in-
jured from the fall, and was not sensible for a minute or
so afterwards. At that time I had a dimness
of my eyes. •On coming to myself I saw a per-
son named Baker, and Mr. Matson was also there. I
thee charged Mr. Matson as being one of the party who
had thrown me down. Baker was then present. My head
was on the ground in the main road. Mr. Matson said I
was drunk and disorderly. I was not drank, but was quite
sober. Upon Mr. Matson stating that I was drunk and
disorderly he threatened to give me in charge. He then
left me, and a policeman came up in a few minutes after-
wards. Matson was then present, who told the policeman
to do his duty, and take me in charge. The policeman
asked me what for ? Mr. Matson replied, " for being drunk
and disorderly." The policeman, however, refused to take
the charge. The policeman asked my name and address,
and I afterwards went to the police-office. Previously to
going there I went to my own house and wet to Mr. Town,
my surgeon. On returning from the police-office I again
saw Mr. Matson, who entered the Duke of Wellington
tavern, and asked him his name and address. He said, my
name is "Mat." I asked him where he lived, and he said
he resided at No. 27, and that everybody knew him. I
have been injured at the lower part of my spine. lam
still suffering from it, and am attended by M. Town. Mr.
Town first saw me after an interval of two hours.
Mr. Ballantine and Mr. Parry croes-examined the pew
cutor as to whether he was not in a state of drudoessisms,
that he ceased great interruption, and had used such
odrffensived and filthy expresaises that several se
we
at hi Goaded, allot which he posithek fienit
smeaaniaaties Mmeld that all he Itai alma Oat

day iris • glass of ale in the morning, and • small
of kaiak and water, and some hours afterwards a '
glom of bitter ale at Kingeland. While he was drinking
it be Iliad that the lecture had commenced, and he went
t• the institution leaving it unfinished.
Richard Baker said he attended the baths of the institu-
tion. Oa the 11th of October be heard • noise in the
concert room, and in consequence he cent to the main en-
trance where be saw • gentleman lying on his back on
the stone steps, with his hat and umbrella lying in the
middle of the road. His head was in the roadway and his
feet on the pavement. He appeard to be perfectly sober,
bat all in a tremble. He appeared to be stunned. He
was not quite sensible, and could not speak for a minute
or two. After he had picked up the men, Mr. Matson
came down the main entrance, and • policeman naming up
Mr. Matson wished him to take Mr. Cross in charge.
Matson came and took hold of Mr. Cross by the collar,
and shook him violently.
Edward Storey, police constable 113 N, said he was on
duty near the Literary Institution on the 11th of October,
and was called by Mr. Matson. When he called him he
said there was a gentleman in the institution who was very
drunk and disorderly. He did not point out the gentleman
but he saw Mr. Cross leaning against the iron railings on
the outside of the place. Matson then said, "This is the
man—remove the nuisance." He did not remove him be-
cause he was not drunk. He appeared to be suffering from
injuries he had received. He appeared to be quite sober,
sod was not drunk in the least. He walked with him
for some distance, and that confirmed his opinion that he
was sober. _ .

William Francis said, on the 11th of October ►e was in
the lecture room, having paid sixpence for admission. He
sat two seats behind Mr. Cross. There was considerable
disapprobation and impatience expressed by the audience,
by stamping with their test, at the non-apearance of the
lecturer. Afterwards Mr. Cross alone made a noise with
his stick. The lecturer then came in, and having gone on
with his 'active for five or ten minutes, Mr. Cross made a
sort of gutterel noire, untelligibte to him, which he repeated
at intervals of five or ten minutes. Afterwards he made a
noise in a lower tone, and he heard the word "humbug."
He then repeated the noise in a still louder tone, when three
or four gentlemen came up, and asked Mr. Cross to go out.
He hesitated to do so, upon which two gentlemen took
bold of him by his arms, and raised him from his seat. Mr.
Cross desired item to let him alone. Mr. Cross made use of
no improper language whatever.
George Bush, a policeman, said that Mr. Craig came to
him at about 20 minutes past nine on the night of the 11th
of October, when he was quite sober.
Isaiah Manhall Cross, sun of the prosecutor, said be ac-
eompanied his father on the night of the 11th of October
to the Wellington Tavern. His father asked Matson his
name, and he replied, " Mat,—l live at No. 27," and then
walked out of the house.
la

he admitted that his father did oc-
euionslly get intoxicated, but a little nould net have an
effect upon him. When intoxicated he became yen, sleepy.
Mr. Alexander Town, surgeon, of Kingsland-plaire, said
he recollected on the I lith of ctnber being seat for, rad
attended Mr. Cross. He found au extensive rontusion over
the loins. His intellect was quite clear, and he was sober.
There was a swelling of twelve inches in circumference
over the spins. There was an estravasation of blood from
hip to hip.
Dross-examined by Mr. Ballantine—Such injuries as he
had would sober any man, unless he was dead drunk.
Mr. Ballantine then at some length addressed the jury
for the defence of Dukes and Tillett. He did not impute
any intentional falsehood to the prosecutor, as he believed
he wan drunk when in the lecture-room ; but he should
prove by an immense number of witnesses the constant in-
terruption of the prosecutor, the noise he suds, and the
language used, which he had denied, because he did not re
member it. He should show that the greatest forbearance
bad been exercised by them, that he was led out of the
room, and then left, under the impression that he could get
down stairs. Instead of this he must have fallen down,
and the accident, which his clients regretted, must have
labored him. _

Mr. Parry, for Matson, agreed with the observations of
Mr. BaHelaine, and stated that he should prove that Mat-
SOS laid hands upon the prosecutor at all, or was one
of those who conducted him out of the room. He had left
the place, and had gone in reach of a policeman.
About twenty witnesses were then called for the de-
fendants, amongst wham were the chairman of the meeting
and members of the institution, who stated that the prose-
cutor's conduct was most unjustifiable. That when he came
into the room he was in a state of drunkenness, and was
the only person who interrupted the lecturer. He wu re-
peaudly requested to leave the room without effect, and
was quietly taken out of the room to the top of the steps,
when he was left, when he must have staggered and have
fallen down, and inflicted the injuries upon himself. It did
not appear that any of the persons by whom he had been
put out of the room when the prosecutor was seen on the
pavement rendered him any assistance, but returned into
the lecture-room.

lir. Cooper replied, and contended that the case had
been made out and fully established by the evidence of the
prosecutor.
The Assistant Judge slimmed up.
The jury, after a few minutes' consultation, returned a
verdict of lid Guilty, adding that they strongly condemned
the conduct of the chairman and ether persons who had
behaved disgracefully in leaving the prosecutor in the
situation they did, considering the state he was in.
The Assistant Judge was glad to hear that remark, as
that relieved the prosecutor from the imputation of false
testimony.
The jury reiterated their opinion that the conduct of
these parties was disgraceful in not rendering the man as-
sistance.

--lar.Parry said that they were not aware that the prose-
cutor had received any injury, or doubtless they would have
done so. They deeply regretted the injury Mr. Cross had
received through his accidental tall.
The case occupied several hours, and the court did not
rise until eight o'clock.