The Express.
London, England, 1867-11-13 00:00:00

COURT OF COMMON PLEAS.

Sittings in Baneo.—(Before Lord Chief Justice Bovill and
Justices Wilies, Kyles, and Keating.)
FRAY T. ouinta,

Miss Fray this morning repeated her application that
the attorney for the defendant in this ease should be
called upon to answer for certain alleged miscon-
duct, and she produced an affidavit by herself
and another sworn by her brother. It was stated in
them that the amount named in the sheriff's warrant
under which she was arrested, 251. 145., was tendered to
the solicitor's clerk, and to himself, and that the money
was refused, the latter gentleman saying that it must be
paid to the sheriff's officer. Later in the day the money
was received at the sheriff's office, in Red Lion-square.
Miss Fray added that she was not yet prepared with affi-
davits to show that the solicitor had urged the sheriff's
officers to maltreat her.

The Lord Chief Justice, after consulting for some time
with the other judges, said that the difficulty was that the
proper amount had not been tendered. The warrunt was
for 25/. 14a., and in addition the costa of the execution,
sheriff's, poundage, etc., so that the tender made was in-
sufficient, and therefore there was no ground for the inter-
ference of the court summarily nor for an action against
tSe solicitor.

Miss Fray—My brother wishes to make a stronger affidavit
if your lordship will postpone the matter.
The Lord Chief Justice—\o; this is the second time, and
the rule is that a motion shall not be renewed.

Miss Fray—You will allow me to bring in a fresh
affidavit?
The Lord Chief Justine—No.
Miss Fray—Then I will apply to the Court of Queen's
Bench.

The Lord Chief Justice—You must take your own course.
These affidavits must be filed.

COURT OF PROBATE AND DIVORCE.
(Before the Judge Ordinary.)

.....
Dr. Spinks, Q.C., and Dr. Swahey for the petitioner ;
Mr. Serjeant Ballantine and Mr. Searle for the respon-
dent.

This was a suit for • judicial separation on the ground
of cruelty. The respondent, Major Edward Hamilton
Finney, an officer in • militia regiment, married the peti-
tiocer, Miss Susan Mary Ann Wayte, on the 15th of
October, 1863. He had had two wives previously, and had
a son by the first. The second Mrs. Finney was stated to
having been 70 years of age at the time of her wedding,
the gallant major being then about 28. The petitioner
bad a fortune of 8,0001., which was settled in conformity
with the respondent's wishes.
The petitioner gave the following account of her
married life :—About three weeks after the wedding,
when we were staying at his mother's, at Hammer-
smith, my husband cursed me. I had complained
of the conduct of his son, • boy of 15, to me ; and the
respondent called down the vengeance of God upon me.
He scarcely spoke to me for five daze afterwards. I told
my sister that I was not happy. Major Finney heard of it,
and was very angry. He ordered me to write to my sister
that all I had said was untrue. In March, 1861, we were
living in Oxford-terrace, but matters went on pretty well.
We afterwards went to Hounslow, in order to enable him
to be with his regiment, which was training there. His con-
duct there was unkind and cruel. He neglected me
entirely for his mother and son. That was
because I had told him that I did know where •
blotting-book which he had lost was. We afterwards
removed to Somerset-street Portman-square. He left me
. .

there for Owe days. I had told him Chit be had made an
ungentlemanly remark in the presence of his mother and
son. It wag • very gross and vulgar remark. As soon as
they hail gone he became very angry, and at last left the
house. lie said I was "a drunken —," and made
use of other remarks of the same strong character.
I wrote to him repeatedly begging him to
come beck ; but before he did so he insisted
on my kneeling down with my Bible in my hand, and
repeating after him a hope that God would strike me
blind if I ever offended him again. He received 40001.
of my money at the marriage and he received the dividend
on the remaining 4,0001. I bad other money which I re-
ceived under my aunt's will and which lie also had.
In the summer of Mit I went with him to Jersey
and afterwards to Paris. While dining at the Louvre
I remarked, quite in a good-humoured way, that some-
thing he had said was not gentlemanly; whereupon
he cursed me, and said he thought I had had a sufficaent
lesson as to the one of that expression. That led to a little
coolness between us ; and ono night lie came home late.
I got up to let him into our room, and he refused to let
me return to the bed. I told bim I had nowhere else to
sleep, and he said I might go to the devil, or sleep on the
Boor. He had a cane with him, and he said he would
cut me in two if I came near the bed. I
lay on the floor the rest of the night. Wo afterwards
went to Boulogne, where he said I was • lunatic, and
threatened to have • keeper for me. On our return to
Ragland we lived at Mrs. Belford's, in Oxford-terrace.
He drove me from his bed, sad would not let me
sleep even on the same floor. I had to get an-
other room from Mrs. Milford. Once when he
bad lost his diary he said he would fetch • detec-
tive and have me taken to prison for stealing
it ; but he afterwards told me that his son had found it at
Hammersmith. I had a separate room for a week. This
was in March, 1865. At this time I scarcely ever saw my
friends, as my husband objected to my seeing them. He
said that when I went to my aunt's I got drunk. There
was not the slightest foundation for that statement.
About this time he proposed a separation. I had not done
anything to irritate or provoke him, but I had done all in
my power to make him kind. I waitedon him hand and foot.
He would frequently have his breakfast in bed, and I
used to take it to him. When he proposed a separation to
me he said be would go so the Argyll-rooms and pick up
• paramour. He told me that I might send some one to
watch him ; that be would tell me how he was dressed, so
that the person watching him might know him, and follow
him home with some woman. Or he said I might
act improperly, so as to give him an opportunity
of obtaining a divorce. He offered me, in fact,
the option of being either the petitioner or the respondent.
I objected to his proposal altogether. He did not go to
the Argyll-rooms that night ; and the next morning he
referred to the subject again. He had a revolver in his
hand, and be said he was perfectly reckless, and would
blow out my brains or his own. This quarrel had arisen
out of his burning • kettle-holder I was work-
ing. I had shown it to him, and asked him if it
was not pretty. He avid it was `• ugly," and he
threw it into the lire. He threatened again to go to the
Argyll-rooms, and said that • woman should call at the
home for him in • carriage. He went out, but he returned,
and said that as it was his von's birthday he should go to
Hammersmith. About this tune he threatened to expose
my letters. He then went out and took them with him.
IThe witness was under examination when we went to

COURT OF BANKRUPTCY.
(Before Mr. Commies Loner Goulburn.)
PC THOMAS ROB 9

The bankrupt was described as of Hare-street, Hackney,
secretary to • public company. The liabilities are 7,583/.,
of which 4,3081. are upon accommodation bills; assets
returned at 7231.; property held as security, 1,166/.
The bankrupt states that be has claims for oom-
minion on the following companies, which may be of
considerable value should the companies prove successful :
—The Fractional Diatillatory Company (Limited)—
whatever that may mean—and the Seed Crushing Com-
may (Limited). He has also claims for salary on the
latter company, and on the Dagenham Thames Dock
Company (Limited).

Mr. Lewin, for the assignees, did not oppose. The
bankrupt had held shares in arena companies, of which
be wee secretary. He bad given a ntidactory explanation
of the accommodation bills.

Mr. Lawrance;;;;;;ed for the bankrupt.
His Honour said it was to be regretted that the bank.
rupt bad been led into a course of speculation which was
little better than gambling. As no one opposed the onler
would be granted.

TN RE F. W. STIER&
The bankrupt was described aa a gentleman, of Twisken.
ham. This was the sitting for examination and discharge,
The debts are 16,602/. ; no asset'. Many of the auditors
are resident in Paris.

Mr. Wainwright appeared for the assignees.
Mr. Sargood opposed for Mr. T. Giles, a gentleman, of
Richmond, a creditor for 1,1241.
Mr. Lawrence, for the bankrupt, took objection to Me.
Giles's proof. The debt was one of 20 years' standing ; a
judgment had been obtained for it in 1862 ; and the proof
ought to be investigated. As the debt had been contracted
14 years before the passing of the act of 18G1 the creditor,
even if his roof were admitted, could not oppose the
proof
order of die e under the act. The proof bad already
been !our times fore the court.

After hearing Mr. Sa;gOolll,support of the proof,
His Honour admitted it.
Mr. Sargood opposed the bankrupt passing his eramina.
tion. The deficiency account only explained 2,4.n0f. out
of tho deficiency of 16.0001.
The bankrupt examined, stated that he came to
England in February or March, on a visit to Mr. Bishop,
and was arrested about a fortnight after. His family was
then residing at Twickenham. He was in England in Be:,
Had contracted debts of 570 f. since his return to England.
Had no property anywhere. Had not the slightest idea
how much be owed when he went abroad.
(The case was proceeding when our report left.]
(Before Mr. Commissioner Roche.)
IN RE LEWIS BALFOUR, JUN.

The bankrupt was described as of Spring-grove, Heston,
in the county of Middlesex, out of business, formerly of
Calcutta, cal-eying on business in partnership with Lewis
Balfour, sea., and James Hamilton Robinson, as mer.
chants and agents, under the style of " Balfour and
C 0.," at 2, Mission-row, Calcutta. The adjudication
was on the bankrupt's own petition. Under the
head of cause of failure he states that he was obliged to
come to England through ill health, and while here he
heard of the failure of his firm in Calcutta. and they were
now before the Insolvent Court there. That failure be
believed to have occurred in consequence of that of Snide
and Co., of Leadenhall-street, and of the general depre.
elation in the value of produce.
The preliminary statement which the bankrupt stake
to be copied from the schedule of the arm in Calcutta, he
not having access to any of the books, discloses liabilities
of the enormous amount of 392,632/. ; of this aggregate
172,0001. appears to be due to Smale and Co., East
India agents, of Leadenhall-street. The Agra and
Mssterman's Bank (Limited) are creditors for 12,13t4. ;
the Chartered Mercantile Bank of India, London, and
China, about 30,5001. ; the Oriental Bonk Corporation,
26,6511. ; Oompte de Paris, Calcutta, 23,7131. • the New
Consolidated Discount Company, 9,000/. • the Discount
Corporation, 5,000/. ; the General Credit Company,
4,000/. • Sanderson and Co.' 8,000/. ; the Anglo-Aus-
tralian i3ank, 1,0001. ; and the Oriental Bank, 7,0001.
This was the first sitting, but no creditors attended, the
property being all in India, and the proceedings were en-
tirely formal.

THE POLICE COURTS.
(THIS DAY.)

MIDNIGHT OUTRAUZ AND AtIBAULT. CONSTADLY
CNARGSD WITH A..T4A17 LT.
- .

Oeorge TroobrLige,T. lisiftill3-I;siliyoung man, de-
scribed as a carman, residing at 9, Jay's-buildings, Cale-
donian-read, was charged before Mr. Cooke with violently
assaulting Mr. Michael Murray, a cabinet-maker, of ;A,
Great James-street, Islington, and further.with assaulting
police-constable John Henry Thompson, 39i G, at Penton.
ville-road, Clerkenwell.
Mr. Ricketts, solicitor, defended.
The evidence in support of the charge showed that the
complainant Murray, between 12 and I on Sunday morn-
ing, was standing in the Pentonville•road, when the
defendant, along with two others, passed, and sta uck
him on the head and knocked him down. The
constable then came up and took the defendant
into custody, whereupon he became very violent,
knocked down the constable, and kicked him severely in a
dangerous manner. lie made his escape ft 'ln the con-
stable, but was apprehended by two gentlemen, who took
him to the station, the constable being too faint and IS to
do so himself. Both the constable and the defendant had
to be taken to the Royal Free Hospital, Gray's-inn-road,
the former to be attended to fur a supposed rupture,
caused by the defendant's kicking him ; and the latter to
have dressed a wound in his forehead, which Mr. Ricketts
in his cross-examination elicited had been inflicted by the
constable. The constable further admitted that he bad
repeatedly used his truncheon on the defendant, bet said
it was only in self defence.
Mr. Ricketts, for the defence, said that the constable
was to blame in the transaction, as he used his truncheon
unnecessarily, and nearly choked the defendant, and then
knocked him about. He had to ask for a summons against
the constable for using more violence than was necessary
to take the defendant to the station.
Two witnesses deposed that the constable hit the defen-
dent with his truncheon and nearly choked him. His
violence was " dreadful," and quite uncalled for.
Mr. Cooke said lie would not grant a summons against
the constable, but should send the ca. • to the Middlesex
Sessions for trial ; but on the application of Mr. Ricketta
be bound over the defendant's witnesses an I allowed them
their expenses.

MARLBOROUGH-SIMEET.
♦ GANG NORBERT. _

Allen Young, about 18 years of described as a
baker, was charged before Mr. Tyrwhitt with being con-
cerned with three others not in custody in robbing Mr.
Arthur John Smith, a gentleman staying at the One Sun
Tavern, Goodge•street, Tottenham-court-road, of a gold
watch and chain, value 121.
Mr. Smith said that about 12 o'clock the previous night
he was passing from Rathbonteplace towards Goody).
West, when the prisoner and three others some up.
Some of the gang seized his gold watch and chain and
made off with them, but be managed to seize the prisoner
and held him till an inspector came up.
Mrs. Sophia Thorpe said she was on her way home from
the Cambridge-ball when she saw the prosecutor, who was
in liquor, being followed by four or five young men. After
going a short distance she noticed ono of them snatch
something, but she could not say what, from the peewee-
tor. The prosecutor detained the prisoner till the in-
spector came up, and she told the inspector that if the
gentleman had lost anything one of the three who ran away
had got it.
Inspector Garforth, E division, said he wee puffing
through Newman-passage, and noticed two nice standing
at the end of Percy-passage, just opposite, and they
left in a hurried manner. When be got at
the end of the passage he saw the prosecutor.
whose back was towards him, and the prisoner standing
together. As he crossed the road he Raw the prosecutor
and the prisoner walk on together. Noticing that the pro-
secutor was the worse for drink, he asked the prisoner if
he knew the gentleman, and he maid, "No." He ate
specter Garforth) then saw that the prosecutor
had the prisoner by the collar, and the prosecutor
hearing him speak to the prisoner, stopped, and
said the prisoner had robbed him. The prisoner
said he had not, but seeing the prosecutor pushed against
some shutters be went up to him to ask what was the
matter. The prosecutor said that was not true, and he
then took the prisoner into custody, and on asking him,
as be said he lived in Tower-street, Seven Dials, what be
was doing in Rathbone-place at such an hour, he made no
answer. The prisoner was well known to the police.
Mr. Tyrwhitt remanded him.
WANDSWORTH.
ROBBING A IMISTRERM AND HER COOK.
- - - _

Jane Taylor, a genteel-looking young woman, wu
charged with stealing a gold watch and a variety of other
articles.

Mn. Susan Smith, of Thanet-lodce. South-fields, Wands-
worth, stated that the prisoner had been in her service for
one week as housemaid. On Monday evening she went on.
stain, where she remained a long time. Witness requested
her to come down, but, as she did not, she went to her
and thought she was ill. The prisoner particularly re-
quested to leave, and witness allowed her to do so. After
she was gone she missed a gold watch. ring. boots. hooks,
and other articles. The cook also missed fmm her ho‘ a
black silk dress, jacket, shawl, hoots, and umbrella.
Police-constable Wilshire said be received information
of the robbery. He went to London, and on Sunday morn-
ing he traced the prisoner to 41, Princeeroad,
where he found her two boxes in the passage. She at first
denied all knowledge of the things, but afterwards she said
she might bare taken the cook's dress by mistake. She
we. going upstairs when be detained her. Sh' then stated
that she had the watch and other things. She produced
the watch from her pocket, and the other things he found
in her boxes.

On the application of Inspector Wade, who said that
one or two articles were still miming, the prisoner was
remanded.

THE I't/LICE ARMED WITH REVOLVERS.
(Br TELEGRAPH.)
READING, WEDNESDAY.
rie man Green, charged with administering the Fenian
oath to a county policeman, at Reading, was brought up
tam morning before the mayor, on remand, and discharged
12 o'clock.
The police have received two large cases of Colt's re-
,ulvers from the government stores at the Tower.