The Express.
London, England, 1867-11-09 00:00:00

BAIL COURT.

:tins at Niai Prius at Westminster.—(Before Mr. Justice
Shee and a Common Jury.)
MRHY 'MALES MCI/ °THERA.

Tire further hearing of this case was resumed this morn-

Howell, Q.C., Mr. Butler Rigby, and Mr. Macrae
• .r wero counsel for the plaintiff ; Mr. Quain, Q.C. Mr.
tick, and .11r.Crompton were counsel for the defendants,
pt the Rev. Mr. Oolen, and Captain Byrne, who had
ed judgment to go by default.
['tie first witness called to-day was Mr. James Reales,
.i of Mr. Edmond Reales. He was on the com-
.,ttee. The plaintiff at first denied the right of the com-
tt.r to inquire into Mr. Hargrave 's loan, on the ground
t it was a private affair, but he afterwards admitted
• a he had ri.ceived the money, and expended it for the
. 1111 sea of the club. On the 1i th September, when plain-
:it called on witness, he informed him he would have to
. tire. and that he Lad better mention the terms; the
°matte° said they would pay him _M$/. preliminary ex-
..enses, 1001. down and 2000 f. at the end of the year, if the
.lub was successful. _ _

Crows-examined—Some members of the committee, before
the 17th September, considered Mr. Darby too slow, and
they were anxious to have a 'Manchester man who would
possess more energy.
Mr. Shaen, the solicitor to the club, was also examined,
but he did not carry the case further for the defendants.
From the number of witnesses said to be examined, it is
very probable the case will not be concluded to-day.

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Winslow.)
IN RE YARCI'X DAVIS.-JUDGME.VT.

Tl.c. debtor, who carried on the business of a navy agent
in the Strand, applied on a former occasion for his release
cut of custody upon the ground that he had registered a
deed of composition, and obtained the chief registrar's
certificate. _

supported the application ; Mr. Reed (in-
structed by Slesars. Lewis, Munns, and Co.) opposed it on
bolclf of the execution creditors, the liquidators of the
Accidental Marine Insurance Corporation (Limited).
By the deed the debtor covenanted to pay to his creditors
R composition of lid. in the pound on or before the 21st of
September, 1868, and the creditors released him from their
respective debts ; and the main question in the case was
whether a debt of 1,6991., alleged to he due to Hemy Levy,
and s debt of 1,6641., alleged to be due to E. N. Leaf, a
brmlievin-law of the debtor, did in fact exist.
Mr. Commissioner Winslow now gave judgment, and
after reviewing the evidence, said he was not satisfied
that the alleged debts were bona fide due. The debtor,
upon being examine I, had contradicted himself in
such a way as to show that little reliance was to be
placed on his statements. In May last he had
stated upon oath that he had enough property to,
satisfy all his just debts. At that time according to the
accounts filed he owed nearly 4,0001. besides the debt of
the Accidental Marine Insurance Company, anal must of
course have had property to that amount. He now
states that be had then no property of any kind,
tut that he expected to pay the debts he owed out of
the proceeds of an action for 12,000/. he had
brought against the company, and from the profits of
books he intended to write. What the debtor meant ty
the action for 12,0001. the court could not understand, it
being admitted that such action hail no existence. The
onus was upon the debtor to show that the debts
alleged by him to be due were in fact due,
and as be had failed to satisfy the court that
the requisite majority of creditors had assented
to the deed the application for release would be dismissed.
It bad been much pressed upon the court that if the debtor
did not obtain his release he might remain in prison
for an indefinite period, but that did not follow. He was
at liberty to petition for adjudication of bankruptcy, and
that the court considered was the proper mode of procedure
in a case of this description ; the debtor's statements with
re4ard to his property could then be investigated, and it
na4ht turn out that the creditors were entitled to receive
larger dividend ; but under any circumstanoes they could
ma get a much smaller one than the proposed composition.
The debtor accordingly returned to prison.

TUE POLICE COURTS.
(THIS DAY.)

THAMES.
NR. PAGET AND OUTRAGEN ON THE POLICE.

Patriet Flies, a rough Irish labourer, about 40 years of
was brought before Mr. Paget charged with violently
insulting John Kent, 341 K, and Herbert Butt, 62 K.
last night at a late hour Kent was called upon to take
s drunken and disorderly woman who had broken four
panes of glass with a hammer. Kent arrested the
'Oman and took the hammer from her. Kent wan con-
ducting his prisoner to the statiowhouse when the prisoner
roosted hitu,and in a boisterous manner said" Let hergo."
Kent told him to mind his own business, on which the
prisoner made use of very foul language, and after taking
the hammer iron, the constable made a blow at his head
with it. Kent parried the blow on his head by his activity,
and it fell on his shoulder. A struggle ensued, and the
woman escaped. Kent wok his truncheon from his pocket
and warned the prisoner, but did not use the stick. Butt,
a sergeant, came to the assistance of Kent, and the
prisoner struck him repeatedly and made several attempts
to throw him. The prisoner, who gave much trouble to
the police, was secured.
Mr. Paget, after hearing that the prisoner bad been in
custody before, said he wished the prisoner sod all other
persons disposed to attack the police in the execution of their
duty or to assault them in any way, to know that they were
liable on conviction by a jury to two years' imprisonment
and bard labour. If Le thought fit he could send the
prisoner for trial. A most dangerous weapon had been
used. The prisoner struck at the constable's head with the
bammer,and it would have taken effect but for the officer's
activity. He could not help commending the forbearance of
Kent, who drew his truncheon, but did not use it, which
he would have been quite justified in doing. Fortunately
neither of the constables were seriously injured. That
circumstance alone induced him to decide the case sum-
marily. He considered it was his duty, and the duty of
all magistrates, to protect the police, who had dangerous
duties to perform. Kent had shown great discretion and
great forbearance in a vely turbulent locality. If it was in
his (the magistrate's) power he should inflict a more severe
sentence than the one he was about to pass, and which
was quite inadequate to the offence. He sentenced the
prisoner to two months' imprisonment and hard labour
for the assault on Kent, and an additional two months'
imprisonment and hard labour for the assault on Butt, the
wren«, to be consecutive, in all four months' imprisons
meat and hard labour.

FCNERAL OF Mg. EDWARD JAMES, Q.C., M.P.
—THIS DAY.)—This morning the remains of Mr. Edward
Jenes 4.C., M.P. for the borough of Manchester, were
iweeeed is the cemetery at Highgate. The funeral
' t..re was formed at 24, Upper Wimpole-street, the
n Ocoee of the deceased, the mourners consisting simply
of relations of the learned gent:eman. The cal riages of
of the judges and a few personal and professional
h.mds followed.

THE ST. ALBAN M RITUAL CASE.—MARTIN r.
VCBONOCHIE.—The rule obtained in the Court of Queen's
'-inch on the Judge of the Arches Court, Sir Robert Phil-
more, at the instance of tho defendant, to prohibit Sir
'revere Twin and Dr. Robertson from hearing the
;me hat been served by Mr. Brooks, the proctor,
m, his lordship and the learned doctors mentioned,
as also on the other parties, and is expected to
come on for argument, should any cause be shown oc
Monday, the 18th inst. The rule has been issued on the
ground that Sir Travers Twiss and Dr. Robertson had no
jurisdiction under the Church Discipline Act to hear and
determine the matter. In the event of the rule being
Made absolute, the case will be heard before Sir Robert
Phillimore as Dean of Arches. At present the Case stands
adjourned in the Arches Court to next week.