The Express.
London, England, 1867-06-26 00:00:00

HER MAJESTY'S SHIP CLIO.

Some anxiety having been expressed as to the
safety of her Majesty's ship Clio, we have much pincers
in learning from the Admiralty to-day that a telegram hr
been received from one of the officers on board, dated at
Tahiti, 4th April last, in which it is stated that the ship,
having suffered damage from bad weather, had returned to
that island for repairs. All well on board.

Prince Frederick Charles, brother of the Kin;
of Prussia, his arrived in Paris, replacin.., at tic embassy.
Rue de Lille, his nephew, Prince Frederick, son.iu.law cf
Queen Victoria.

A magnificent painting by Vandyke, represent,n;
Ste. Cecilia, hes just been brought to light in restoring to
old church of Caehlevoch, between Heele and Bench
Belgium.

The Lake of Lucerne, says a Baale letter, hn,
during the late rains, risen to an extraordina y
The banks have overflowed in several idacei, 11 n.l ins,hd
the harvest is under water. In the town itself the sepal
are inundated.

A Paris letter in the Nord says :—" A grind
fête at Fontainebleau, in honour of the Emperor of
Austria, is spoken of for the 18th of July. The Mario'
de Maria is composing for the occasion
adniq ur, which is tobe performed by the amateur cometlaai
of high life, belonging to the court. The light and ett-
tering plot of the trine is drawn from coronation Mod
Buda-Petah."

Swiss Federal ride shooting match is &bon
to commence at Schwytz, near the spot where William
Tell shot Gesaler. The different prizes offered repre•wt
a value of 300,000 fr, not including premium., which roar
be estimated at an equal mum. The fund. of the Swill
Federal Carbineers' Society furnish the money for the
prizes, to which are added voluntary donations, and they,
arrive from all countries, where fortune ha. smiled ca
some native of Switzerland.

The correspondent of the Pod writes from Romer
under dote of the 18th :—" With respect to cholera. the
existence of which is constantly denied by the gores•
meet, there seem to be no grounds for alarm as sets
although some suspicious cases of rapid demise have cer-
tainly occurred. If the malady had really displayed itself
so long ago, as generally stated, its progress by this time,
and in this hot weather, would have been treinesehrts,
which is by no means the case. The Duchess of Stok-
poole, of a Franco-Dish family, died on Friday night at the
Hotel de Lemke', only 36 hours after her arrival from
Florence. Four or five doctors were unable to arrest the
disease or to agree as to its character. The body was cos-
veyed by torchlight on Saturday night to the church of Santa
Maria del l'opolo, where a grand funeral service was per
formed over it on the following morning. The case most
approaching cholera among foreign residents was that of
an artist, Mr. Davis, residing in the Via dei tired, who
was taken ill last week at half-past 2 p.m., and died at 14
with the usual symptoms. It is proved, however, this
his health had been previously much enfeebled, and thsf
be bad been very imprudently indulging in fruit. Mr. E
Rogers, the American sculptor, has had the grief of hoc,
two pretty children from the same cause, an indigestion
cherries. Here and there rapid demi es are taking pig'
but it would be premature to assert that they are alto.
hatable to Asiatic cholera."

LAW IN TELLIUEN CZ.

(THIS DAY.)

COURT OF COMMON PLEAS.

Sittings :it Prius in Middlesez.—(Before Mr. Justice
L'sles and a Special Jury.)
LII.LEI TIM Emu. OF CAKPICAN.

The plaintiff in this case had been ggrroo of the chamber
in the service of the Earl of ('an ' and he sued to
recover damages for false imprisonment and malicious pro.
gecution. l'bere were also counts fur wrongful dismissal,
trover, and for wages said to he due. To this the pleas
were not guilty ; a felony had been committed by some
one ; and that there was reasonable and probable cause for
suspecting and giving the pLaintiff into custody ; and a
payment of 474. into court.
Mr. Iluddleston, Q.C., and Mr. Sleigh appeared for the
pl:dntlH; and Mr. I 'olerolge. Q.C., Mr. Garth, 4.C., and
Mr. Poland for the defendaut.

The plaintiff bad been in the service of Lord Cardigan
from 1K.1.1 to 1,44:, and for the last five years of the time
he was groom of the chamber. l'pon the I:ith March,
1M66, the plaintiff was given into custody upon a
charge of stealing a cheque for 114 f. Ns.. and on
the 211,1 June following he was tried at the Middlesex
Sessions and acquitted. The cheque had been written by
Lady Cardigan, and enclosed in a letter, in payment
of a tradesman's bill, and had never reached its destina-
tion. It turned out that the cheque had been changed,
and it was found that a V. note received in exchange for
it Im.l been passed by Hayes, his lordship's hall porter, at
Mr. Coles', true maker at ('haring-cross. The name given
on that occasion by Hayes was that of Ceske% that being
the name of the bead porter at the Reform Club, where
Hayes had also been until shortly before. The learned
counsel said that there was strong ground for suspecting
that the produce of the cheque bad got into the bands
of Hayes, aml that he, finding himself in danger of
being detected, stated that he had received a 51. note from
the plaintiff, and thus caused all the consequences that
followed.

Evidence was given of the giving into custody, and the
proceedings before the magistrate and at the sessions.
Robert Liffey, the plaintiff, also detailed the inquiries
that followed the loss of the cheque, and said that among
other. he receiv.,la letter from 11.. yes upon the tuatter.
Al%lleston said that he had omitted to state that
Hayes had died since this action was commenced.

---juices continued—Lord Cardigan signed the charge
sheet against him, and he was nine days in prison before
he was let out on bail. His law expenses for his defence
was 1441. 16a. The 45/. paid into court was not enough
to pay what was due to him by about SI.; and when he
got his boxes back on the 25th July there were clothes to
the value of N. missing. He had left his boxes open.
Cross-examined—He never received the letter contain-
ing the cheque from Lady Cardigan. Lord Canligan sent
down to Lim a blanket and a great coat to keep blue warm
the night he was locked up.
Evidence was then tendered for the purpose of showing
that shortly before the cheque was lost Hayes was in
very necessitous circumstances, and that soon afterwards
his eircuno‘tances improved ; but the evidence being ob-
jected to upon the ground that Lord Cardigan had no
knowledge of these facts it was withdrawn.

Mr. Coleridge then addressed the jury for the defence,
and mid that he should prove by evidence that the cheque
had been stolen by some one, and that there wax reason-
able ground for suspecting the plaintiff ; and if this were
proved Lord Cardigan would then be entitled to a verdict
upon the only issue to which his lordship attached much
importance.
[The case was proceeding when our report left]

COURT OF DIVORCE AND MATRIMONIAL

CAUSE&
(Before the Judge Ordinary.)
SCOTT V. SCOTT.
. .

Mr. Inderwiek for the petitioner. He wax a cooper at
St. !fellers, and be married the respondent in 18.1.5. He
lived with her in Jersey till 1859, when be came to London.
The conduct of the respondent became very bad. She fell
into habits of drink. and at length a separation became
necessary. While she was thus living apart from her bus-
baud she took to prostitution.

Decree nisi.
TEMPLE P. TEMPLE AND PICEERINC.
- _ _

.....
Mr. Price, Q.V., and Dr. Swabey for the petitioner,
an innkeeper at fia}Sham-by-the-Sea, near Redear. He
married the respondent in 18W, and there had been eight
children, of whom four were living. He lived com-
fortably with her till last year, when she be-
came acquainted with Pickering, who was much
her junior, and who was a navvy employed on some
railway works in the neighbourhood. It seemed that
Pickering used to come to the house, and that the peti-
tioner had ordered him away. The affair at length led
to a separation ; but the husband was willing to make
the respondent a pmper allowance. She, however, dis-
appeared, and went to cohabit with Pickering at a place
in Durham.
Decree nisi, with costs.

COURT OF BANKRITPTCY.
(Before Mr. Commissioner Gonlburn.)
IN HE EDWARD TIERN.tND.
The lankr,lpt was a tea broker, of No. 5, Great Tower-
street. Thi, war the sitting for examinat on and dis-
charge. The accounts, prepared by/Imm Hart Brothers,
show the following state of affairs :
Da

To creditors unsecured £11,607 5 8
Do. Agra and Mastennaa's Beak
(Limited) 11,713 18 0
Do. Holding security ... 12,192 10 10
Liabilities on bills 1,041 16 3
Liability creditors bolding security 2,022 12 0
Creditors to be paid in full 47 10 0

Cu.
By debtors good
Do. Doubtful

£44,525 12 9
. £2,212 6 2
. 1,582 19 3

Do. bad
Property given up to assignees
Do. in bands of creditors ..
Do. in hands of liability creditoss 195 1 3
Deficiency 31,067 0 2

£44,525 12 9

In answer to the court Mr. Graham, the official ass gnee.
stated that he had got in about 2,000/., the assets being
returned at 5,0001.
Mr. Sargood, who appeared for Mr. Gardiner, the official
liquidator of Agra and Masterman's bank, said that Mr.
Gardiner had been chosen assignee chiefly through the
influence of the bank. The bankrupt had carried
on the business of a tea-broker, • class of traders
in whom the utmost confidence was placed by
bankers. The bankrupt had been in the habit
of obtaining advances on the deposit of warrants
as security, which he was in the habit of withdrawing
from time to time for the purposes of business and substi-
tuting other warrants for them. When the business of
*sternum's Bank was taken over by the limited company,
Mr. Tierrian's account was taken over with the rest on
the sth Jan., 18118, when the balance due on his loan ac-
count was ;10,4771. The securities then known to be
in the box were of the value of 31,9571., showing •
clear surplus of 1,400/. Tiernan and his confidential clerk
had free access to the box of securities, to take out and
put in what they chose.
The Commissioner—lt seems a very loose mode of
dealing.
Mr. Salved said that such was the confidence placed
by bankers in this class of traders that the course was an
ordinary one. It turned out, at the end of July, 1866,
when the bankrupt's debt was 25,1991., that the amount
of securities had been reduced to 6,71 w., showing a defi-
ciency, including the surplus of 1,4001. in January, of
19,feti1. This led to a rigid inquiry under the bankruptcy.
Great difficulty was experienod in tracing the property ;
the books contained no record of those warrants.
The Commissioner-1t seems rather a case for •
criminal court.

Mr. Sargood proposed to take the opinion of the court
on that subject. As the assignees were unable to impeach
the bankrupt's accounts, theydid not object to his passing.
It had been discovered that on the sth of January, 1866.
when the business of the bank was taken over by the
company, and when a formal examination of the securities
was made by the °Mix's of the bank, that securities to the
amount of 12,000/. had been bodily put into the box, to
cover an existing deficiency tothat amount, and, to lull sus-
picion those securities were allowed to remain untouched the
whole of the month. In order that the assignees might
have time to decide whether a criminal prosecution should
be instituted, they proposed that the order of discharge
should be adjourned. The Agra and Masterman's Bank
being resuscitated, they were the wore anxious, from a
sense of their duty to the commercial world, that justice
should be done in the case.

16.E;gley,;;;;;enting creditor, for *boat 10,0001.,
said that they had full confidence in the bankrupt, and
believed him to be an honest man, notwithstanding what
bad been said. There was a small estate, and they were
anxious that it should not be frittered away.
Mr. E. Reed, for the bankrupt, said that he had been
engaged for years in large mercantile transactions, and it
was gratifying to him to find that a large proportion of
bie creditors thought him an honest and honourable man.
lie had been slandered by the learned counsel for the aie
%Wye. ; be had had no notice of the evidence that was to
be taken against him behind his back, nor had he any
opportunity of seeing it or vindicating his character. His
transactions had been of a gigantic description; be bad
turned over 250,0001. every year. The Agra and Master-
nxcia Rank were in the habit of making advances on seen-
^tie% and of those securities they bad a list in their own
books.

Mr. Cargo denied this, and said it was impossible for
the hank to do this.
Mr. Reed said they had the box in their possession, and
could see its contents at any hour of the day. The bank-
rupt and his clerk were going to the box everyday ; and
wiwn warrants were taken out and replaced the bankrupt
coot I not accurately estimate their value. He had been
before the court since November last, and bad never been
asked a question as to these transactions. It was the
duty of the assignees to examine the bankrupt in order to
get out all the facts of the case ; and he bad just right to
complain of their not having done so.

Ilia Honour mid it had always been held that this
should not be done where criminal proceedings were con-
templa!od.. . .

dr. Heed said the criminal proceedings were all a sham.
The assignees had no more idea of prosecuting the bank-
rupt than the court had. AU this had arisen from the
bank's lax method of doing business. They ought
to have checked the securities as they were taken out, and
then they would not have lost a penny. At the very
moment when the Agra Bank stopped the bankrupt had
hard cash there to the amount of 1,7001. on his current
account, and between 4,0001. and 5,000/. on another ac-
count. But for the failure of the bank these warrants
might have been put all right, and the bankrupt might
have discharged the whole of his obligations. When the
case was gone into by the assignees the bankrupt would be
fully prepared to meet it.
His Honour agreed with the learned counsel that the
conduct of the bank had been negligent in the extreme ;
but it was too bad for the bankrupt, in whom so much
confidence haul been placed, to turn round and asperse
those who had trusted him. Had he chosen to be present
at the examinations he might have heard the whole of
the evidence, which made out a strong case against him,
and there was nothing on the other side but the statement
of counsel. The bankrupt would now pass his examine.
thm, and the order of discharge would be adjourned till
November.

(Before Mr. Registrar Roche.)
IN RE JAME• 9 Ht.ITON.-7" TYE 1/Al7 NEWSPAPER.

This was the first sitting in the bankruptcy of James
Hutton, described as of 49, Essex-street, Strand, and of
17, Richmond-terrace, Weatbourne-grove, Bayswater,
newspaper proprietor. He had been the publisher of a
penny morning paper, which, under the above title, con-
tributed to the enlightenment of the metropolis fora week or
two, and was supposed to represent that select class of poli-
ticians known as the " Adullaniites." He came to the court
on his own petition, and thuastated the cause of his failure:
Losses occasioned by the failure of the Day newspaper,
of which I was the proprietor, and which newspaper I was
unable to carry on in consequence of an insufficiency of
capital." The debts are between 2,000/. and 3,0001. At
the bottom of the list the bankrupt makes the following
statement :—" !have received the following suns under the
circumstances hereinafter detailed:—Lord Elcho, 1,500/.
Lord Grosvenor, 1,500 i. ; the Earl of Lichfield, WO/. I
received the first and second of the above-armed
sums as loans to furnish me with capital to
promote the Day newspaper, and such sums were
advanced for such purpose, and upon the condition
that if the paper was successful the amounts were to be
repaid within • year, and if the newspaper failed within •
year, the above aruounts were to be treated as gifts, and
no claim to be made for the same. The third above-
mentioned sum was advanced upon similar terms, after the
paper had started, to assist in carrying it on."
The creditors are above 120 in number, hut 86 of them
are for amounts below 10f., and a great number are for a
few 'killings only.
Mr. Itagley said he appeared on behalf of Lord Gros-
venor, Lord Lichfield, and Lord Riche, who considered
that they had a right of proof against bankrupts estate for
the sums above-named. Feeling that their political views
and intentions had been misunderstood and misrepresented,
they had advanced these sums to the bankrupt for the
purpose of establishing an organ which might set
them right with the public. Though they had •
right of proof against the estate, they only pro-
posed that the proofs should be admitted as claims;
and feeling that they had incurred a moral obli-
gation towards the trade creditors of the bankrupt, they
would undertake to pay them all in full, with the excep-
tion of two creditors, who wished to fasten upon them •
legal responsibility, which they repudiated. The
learned gentleman real some letters which had passed
between Mr. Broughton, as solicitor for Lord
Grosvenor and Lord Elcho and the bankrupt, in which
they disclaimed any intention of becoming connected with
the paper otherwise than as creditors.
Several undisputed proofs were admitted. Thad of Mr.
Alpas, the sub-editor of the paper, who claimed seven
guineas u week, and a month's salary in lieu of notice,
was ordered to stand over for discussion, as were some
others in which the same point was involved.
Mr. Wintle, of the firm of Johnstone and Co., accoun-
tants, was chosen creditors' assignee.
Mr. Reed appeared on behalf of Messrs. Rankin and
Wilson, the printers of the paper, who claimed a balance
of 695!. ; but after the offer of Lod Grosvenor and others
Ike claim was not pressed.
ER RE EDWARD HENRY WAITS. _ _

The bankrupt was described as a woollen-merchant and
warehouseman, of Oaklands-park, Weybridge, late of Ser-
mon-lane, City. The bankrupt was formerly in partnership
with Thomas Edgeley, who is now under a charge of de-
frauding the Leeds Banking Company to a large amount.
The bankruptcy is on the petition of a creditor, Mr. Mars-
den, stock-broker, who had conducted buyeStock-exchange
operations for the bankrupt and his partner Edgeley.
This was the sitting for proof of debts and choice of
assignees. The adjudication being on a creditor's petition,
there is no preliminary statement of affairs ; but the
debts are said to be considerable.

Mr. 0. Jenkyn, of t 4, Lincoln's-inn-fields, was chosen
trade assignee.

THE POLICE COURTS.
(THIS DAY.)

WORSHIP-STREET.