The Express.
London, England, 1860-03-31 00:00:00

THE POLICE COURTS.

MANSION-HOUSE.

Mr. A. N. Wilkins, manager to the British Hong Kong
and North and South Wales Tea Company (limited), 16, St.
waa summoned on the complaint of Samuel
Lovell Price, " For that he, on the 16th March inst., did
unlawfully refuse to the said complainant, he being then an
inspector, duly
.appointed by the said company for the pur-
pose of examining into their affairs, all or any of the books
and documents of the said company, then in his custody or
power, contrary to section 51 of the Joint Stock Companies
Act, 11156."
lir. Gammon, of Cloak-lane, appeared in support of the
summons, and Mr. Angell, of Guildhall-yard for the
defence.

--Mr. e.ammon, in stating his case, said the company was
incorporated in 1856, and went on quietly until some dissa-
tisfaction arose among the shareholders, sad at a meeting
held on the 12th inst. a resolution was carried appointing
the complainant an inspector to examine into the trading
again of the company, and report thereon to the chairman
and directors, and send a copy of his report to each share-
holder. Mr. Price subsequently applied to the defendant
for the books and documents in hu possession, which the
defendant refused to give up, and hence the present pro-
ceedings.
Mr. Angell took • preliminary objection, that the resolu-
tion appointing Mr. Price inspector was not regular, inas-
much as due notice had not been given of intention to sub-
mit it to the meeting ; but as the resolution itself wee re-
gularly entered in the minute book and property signed by
the chairman, m having been carried by a majority of nine
to three, it was held that the entry admitted the legality of
the resolution, and the objection am therefore overruled.
Mr. Price was then examined, and deposed that he at-
tended
at the ofßcce of the company on the 16th instant,
and demanded the books, tint of Mr. Baker, the chairman,
and afterwards of the defendant, and that both declined to
produce them, upon the ground that the complainant's
appointment had been made informally.
This was the cam rested upon in support of the summons;
and to this case
_ _ .

Mr. Angell objected that there was no proof of all the
books of the company being in the possession or under the
control of any individual member of the company ; and
that the meeting at which the resolution appointing an in-
spector was passed was an "extraordinary," and not •
" general meeting," as defined and required by the Mat
section of the act; but the first of these objections was
overruled, as being invalid upon general grounds ; and the
second, more specifically upon the ground that the meet-
ing was both extraordinary and general.
A final objection urged on behalf of the defendant was,
that the notice of resolution for appointing a committee did
not contain the name of Mr. Price, but merely the letteis
"A. 8.," mad that the strict form of the notice could not
be departed from in the resolution itself. The Lord Mayor,
however, held that the resolution was in substance consis-
tent with the terms of the notice, consequently that his
decision must be against the defendant.
There was no wish to enforce the penalty of 51., to which
the defendant had rendered himself liable, the object of the
summons being simply to compel the production of the
books; but aa the act gives power to the magistrate to in-
flict • penalty, without enabling him to make an order for
production, the defendant was convicted and ordered to
pay • fine of 20s. and costs, with seven days imprisonment
in default of payment ; upon which Mr. Angell gave notice
of appeal to a superior court.

hi ARYLEBONE.
A young man named Samuel Sands, late footman to Mrs.
Samuels, No. 30, Gloucester-plaa, Portman-square, was
charged with having attempted to murder George Matthews,
butler to that lady.
The prisoner was brought up to this court a fortnight ago
for disorderly sod abusive conduct at the house, and was
then fined 205., which he paid.
Prosecutor, who bore marks of injury upon his person,
deposed that on last Monday week, after the prisoner was
discharged from his situation, a robbery of plate was
effected on the premises, and he (prisoner) was suspected as
being the thief. Yesterday morning, between seven and
eight o'clock, be (prosecutor) heard a noise in the area
which proceeded from the water-closet. Having looaked
at the door of it without receiving any answer to his ques-
tion " Who's there r he towed his way in, when the pri-
soner, who had a black mask over his face, presented •
c=at him, at the name Jone threatening to blew out his
. _

Mr. Hammlll—How near to your person was the pistol
placedT
Prosecutor—Within a foot of my head, your worship. I
throttled him and held him firmly in my grasp, keeping
him down, when he swore that he would shoot me in my
leg. I hallooed out for assistance, and continued to keep
secure bold of hitontini the arrival of a polioe constable,
for whom some had gone in guest.
Mr. Hammill— ow do you suppose the prisoner got in ?
Prosecutor—Everything was secure between 10 and 11
o'clock last night. He bad no doubt climbed over the area
Sergeant Bedford, D 29, stated that upon being called to
the boom he found the butler struggling desperately with
the prisoner. He (witness) called out, " What's the mat-
ter upon which prisoner exclaimed, " I've not stolen
anything, but I'll give him something ; I'll do for him."
Mr. Hammill—You searched him, of course?
Witness— I did, your worship. He had with him a large
carpet bag, and in addition to the pistol taken from him he
had in his possession a rope, a belt, a mask, a flask, with
powder in it, a bullet, and seven percussion caps. (These
were produced.)
Prosecutor, in reply to Mr. Hammill, he
was living in service with me he threatened to stab me, and
he swore that he would knock the coaclunaa's brains out.
He made a pull at the trigger while I was struggling with
hint in the watercloset, hut the pistol fortunately was half
cooked. Had it been otherwise I should doubtless have
been killed.
Mr. Hammlll (to the sergeant)—ls the pistol loaded?
Sergeant--It is, your worship.
Mr. Horatio S. Samuels stated that when be gave the
=into custody a fortnight since be swore that he
) would do for Matthews, who had attended as a
Titans against him in the case. Witness had also under-
deed that ' er had threatened to stab a butler in
18104blif y where he bad been living.
The primmer was committed fur trial.

PALACI. ONI SHILUNG DAY.
Funk; )Lac M.—Adulating on valiant, 781
&to by "won tick** 380; total vintovs, 1,110.