The Express.
London, England, 1867-11-19 00:00:00

ric RR MARSHALL AND VERRALL.

The bankrupts were ironmongers, of Blackheath. Debts
8,700/._ . .

Griffiths, for the assignees, stated that the bulk
of the property was in the hands of Mr. Nicklin, of Birm-
ingham, to whom the bankrupts had made an assignment,
and proceedings were about to be taken for the recovery of
that property. It was asked that the bankrupts might
pass, and that the order of discharge should be adjourned.
Order accordingly.
Mr. Reed, on behalf of one of the bankrupts, stated that
when the assignment was made there was an estate suffi-
cient to pay 40s. in the pound. He asked for an allowance
for the bankrupt.
The assignees consenting, an allowance of 2/. a week
was ordered.

indictment. By direction of his lordship (the Recorder),
•120 tried the case, the jury returned a verdict of not
Fuilty, and Mr. Reid, the clerk of the court, entered the
me into the book. That entry, however, was inter-
' ..:atml by Mr. Awry, the chief clerk, in such a manner
,s materially to affect the verdict returned by the jury. A
frech indictment was afterwards preferred against the
prisooem, sod a true bill having been returned by
grand
jury the case came on for trial on the 25di
.:anuary of the present year. before Mr. Commissioner
Kerr. ltr,thatoccasion objection was taken to further,
oliegs against the prisoners, and on the record being
[erred to it appeared that the verdict on the previous trial,
jut, rpolated by Mr. Avory,wasnot guilty only in respect
the counts for stealing, and not iu respect of the whole
lit. The learned commissioner thereupon, taking
„r diet ma.orded, allowed the case to go on, and the
were found guilty and sentenced to various tenor
.f ivi al servitude, which they were now undergoing. If,
eiVer, the entry of the original verdict had not been
ilipolatcd the prisoners would have been entitled to
Mseharge. and he now applied that the record might
',K. am, tided in order that he might be enabled to take
• dings in error. The learned counsel produced in sup-
,nt or the appliestion an affidavit signed by Alexander
s!lclilarban, engineer, who had been bail for one of the
• milers. and by John Harris, woollen agent, in which the
i.cts as stated above were set forth.
The llecorder said he had no recollection of the ease,
Sat tie shorthand•writer's report was to the effect that
7.1 r. Str.dght applied that the counts for receiving should
euadied, awl that he (the Recorder) said the objection
-.u-t prevail. If this were so, then the verdict of not
juilty must have been on the other counts.
Mr. Avery Nail he was present at the trial, and after
Straight took the objection his lordship considered the
Ater iu his owu room, and in that room announced to
h:s iMr. Avery) that he must yield to the objection. Mr.
I:vid, the deputy clerk of the court, not knowing what bad
taken place. entered the verdict " Not guilty." When the
record was afterwards applied for he found this erroneous
verdict, and on referring to his minute book he at once in-
timated to Mr. Reid that the counts for receiving were
.oeied, and that the verdict was, not guilty of stealing.
The Recorder said he did not know what the learned
counsel could do supposing the record were amended.
Mr. Moir observed that he was not aware what ulterior
steps might be taken.
After some couversation, the Recorder said he would
take the matter into consideration.