The Express.
London, England, 1866-11-22 00:00:00

THE EXPRESS, THURSDAY EVENING, NOVEMBER 22, 1866.

jW INTELLIGENCE.

(THIS ILLY.)

EQUITY COURT.
(Before Vice-Chancellor Sir R. T. /lindenley).

BE °MEND, GURNEY, AND CO. (UNITID).
The Attorney General (Sir J. Rolt) appeared for the
shareholders who sought to h►ve their names removed
yen, the list of contributories to the liquidation now
is regrew In the first case, the motion was to re- ,
ewe the name of Mr. Richard Oakes from the list;
that no call should be made in respect of any shares
awed to be held by him in the company ; that all pro-
„kliegs to enforce the call should be stayed ; and that
she court should make such order in the matter as it should
Mink fit. The application was based upon the fact that
this person was induced to take shares upon the representa-
tions of the prospectus that the concern was a growing and
swishing one, and that assets equal to the liabilities
sere to be handed over, whereas at the time of the
formation of the new company, the old Arm was in a state
of bankruptcy. Mr. Oakes was an accepted allottee of
Ora in the limited company, which was formed for
the purpose of purchasing and carving on the
sexiness of Messrs. Overend, Gurney, and Com-
posy, bill brokers and money lenders. Toe am ;doles
d association were dated 12th of July, 1865. The partners
shetfirm of Overend, Gurney, and Co. at the time of the
transfer were Samuel Gurney, Henry Edmund Gmaey,
D. W. Chapman, and Robert Birkbeck, but there was
also a Norwich firm of bankers, consisting of Daniel
Gurney, John Henry Gurney, H. Birkbeck, F. A.
Gurney, and W. Birkbeck, who were interested in
me profits of the other concern. The first directors
of the limited company were H. E. Gurney, G. H. Gurney,
gat. Birkbeck, and Messrs. Barclay, Gibbs, and Gordon,
sad H. E. Gurney and Robt. Birkbeck were appointed
managing directors. The prospectus was Maned contempo-
raneously with the memorandam and articles of association.
Os the 27th of July, 1865, two deeds were executed
he compleelg the transfer of the business to the new
scapany. The first of these was between the partners in the
old firm of the first part, the five gentleman of the Nor-
ggh banking firm of the second part, and the limited coca-
say of the third part, and re:erred to the sale of the
Wines for 500,000/., of which 253,000/. was to be brought
into the account as between the vendors and purchasers,
sad the remaining moiety was to be pros :ded for by the
Saud 16,666 shares of 501. each, on which 151. a share
gas to be treated as paid up. The vendors guaranteed the
sew company that, irrespective of any value attributed to
Me goodwill of the business of Overend, Gur-
ley, and Co., the assets should, after deduct-
ing all losses and expenses on realising them,
fie equal in amount to the aggregate sum to be paid by the
raw company, and they further guaranteed that all debts
die and payable to the old firm and taken over as part of
the assets were good and recoverable, and that any
deficiency in this respect should be made good by
the vendors. The deed also empowered the old
firm to continue for the purpose of winding-up certain
excepted accounts, and the other deed, which was con-
temporaneous with the first mentioned, stated what these
excepted accounts were, and required them to be kept on
the premises of the new company, in a book to be
called the " Old Firm Ledger." The total amount
of these accounts was to form pm:, of the
assets handed over to the limited company, but they
were rotten accounts, and in order to make them good a
suspense and guarantee account was to be provided, in
which the old firm were to he debited with the amount.
The total of the assets handed over was 15,281,6411., which
amount included en item of 4,213,8061. suspense and
guarantee, or, in other words, the excepted ac-
counts, and upon the other side of the account a sum
of 1,653,7151., set down as" Private Ledger," was intro-
duced to make up the balance. Then the liabilities of the
old firm were thrown upon the new company to an
amount exactly corresponding with the assets, but the
tribune was obtained by carrying to the private ledger
account of the members of the old firm the surplus of the
assets over the liabilities. If the old firm had possessed
assets to the amount stated, and had handed over
liabilities amounting only to 14,000,0001., there
would be to the benefit of the old firm 1,053,715/.
and the account would be correctly stated.'
But the fact was that there was upon the exceptional ac-
counts a deficiency of two or three millions, against which
there were only the guarantees of the partners in the old
firm. It appeared, therefore, that liabili ties were handed over
exceeding by millions the amount of the assets, the firm
was insolvent at the time of the transfer, and these facts
must have been well known to the directors of the new
company who were parties to tbe keeping back of thesecond
deed. The second applicant, Mr. Peek, was the holder of 2,000
dares, in respect of which the liquidators demand
WOOL, but against this he claimed 26,0001. which stood
to his credit with the bank at the time it stopped p..y-
rout. The shares in this case were purchased in the
market, but he contended were equally entitled with the
allotted shares to be freed from liabilities on the former
misrepresentation.
Mr. Bailey, Q.C., and Mr. Swanston appeared on the
ems aide ; Sir H. Palmer, Mr. Mellish, and Mr. Box-
laugh were for the official liquidators ; and Mr. Cole
sal Mr. Locock Webb for creditors.
[The case was proceeding when our report left.]

aho would have some day to lie on his death-bed, and re-
Minded him of the heavenly manta),
" Whose holy gates for ever bar
Pollution, sin, and shame." _ .

She also said, " Your mother has parted us in this world,
and I fear in the next."
On the other hand, the respondent stated that he had
never used a harsh or unkind expression to his wife, and
that he was wholly unaddicted to the use of bad language.
In fact, he said that he had lived on the most
affectionate terms with her ; and that the whole
mischief had been caused by his remonstrating
with her mother on her habit of sponging upon him, he
being a young man with an income of only Ns. a week. He
added that he had once found his wife in a fainting fit,
and that the explanation she had given him was that
his father's ghost had appeared to her. The re-
spondent intimated that her account of the quarrels
which were supposed to have taken place was equally
itnaginuy. for in fact they had never quarrelled at all.
When excited she would use bad language, and she would
sometimes recite obscene riddles.
(The case was not finished when we went to press.]

CENTRAL CRIMINAL COURT.

(THIS DAY.)

(Before Mr. Baron Bramwell.)
SERIOUS ASSAULT ON A PRISON WARDZS.
Frederick Iltrizel was indicted for having, on the 11th
October, feloniously wounded John Batten, with intent to
murder him, and in a second count the intent was said
to be to inflict some grievous bodily harm.
Mr. Poland conducted the prosecution, and the evi-
dence d'sclosed that the prosecutor was one of the
warden at the House of Coinction, Coldbath-fields,
in which gaol the prisoner was serving • term under
• conviction for felony, and was occupied there
in the tailor's shop, of which the prosecutor was
one of the warders in charge, and on the day in
question he had occasion to report the prisoner to
the governor for misconduct. For this the prisoner was
simply admonished, hut after that he made use of such
s:olent and abusive language that the governor ordered
him to be kept on bread and water for one day. On his
return to the tailor's shop, the prisoner sprung upon the
prosecutor and struck him. A struggle ensued between
them, in the course of which the prisoner stabbed him with
a pair of tailor's scissors, which he took from his
breast, and the result was a severe wound
on the left side in the region of the heart,
near the fifth list, which bad turned off the
points of the scissors, or the wound might have been
fatal. Another prisoner named Driffield ran to the es-
sistance of the prosecutor, and in his effort to secure the
scissors was also stabbed by the prisoner in the hand,
which had been seriously injured. This evidence was cor-
roborated by Driffield and by Golding, another warder. The
surgeon of the prisoner proved the extent of the injuries
the prosecutor had sustained, and that his system had
been so shaken that he had been under his care ever since,
and was still wholly unfit for duty.
The pi:soner made a rambling statement in his defence,
alleging that he had been worried and treated worse than
a dog by all the officers.
Mr. Baron Bramwell summed up the evidence to the
jut', remarking that the entire question was for them as
to which of the count. of the indictment they thought the
evidence applied. The least they could do would be to
cont:ct the prisoner of unlawfully wounding.
The jury, after a shm t deliberation, found the prisoner
Guilty of unlawfully wounding. They at the same time
expressed an opinion that the witness Driffield had behaved
veif well, and that his conduct ought to be taken into con-
sideration in the proper quarter.
Mr. Poland said he had no doubt the recommendation of
the jury would be attended to. lie then informed the
court that the prisoner had been before convicted of as-
saulting a police-constable and sentenced to two years'
imprisonment.
The prisoner, who conducted himself very s :olently, de-
clared that he had not been justly treated, and seemed to
think he was justified in what he had dine.
Baron Bramwell told the prisoner that if he Oid not
control his temper the result would probably be that he
would lose hie life on the scaffold. He then ordered
to be kept in penal servitude for five years.
(Before the Recorder.)

The trio of the police-constable, Matthew Hayes, who
is charged with wilful and corrupt perju-y, was resumed

this morning.
The Recorder proceeded to sum up the case to the jury.
He called their attention to all the material facts of the
case, and said that the principal question for the jury to de-
cide was whether the two young men, Dye and Pearce, were
apprehended in Gloucester-crescent, or whether this state-
ment was entirely false, and that they were, as was repre-
sented on behalf of the prosecution, actually apprehended
iu Eversholt-street, and had nothing whatever to do with
the offence that was alleged against them. lie then went
very carefully over the evidence on both aides, and con-
cluded by leaving the case in the hands of the jail.
The jury retired at 2 minutes past 11 todeliberate upon
their verdict.
The jury returned into court a few minutes before 1
o'clock, and gave a verdict of Guilty.
Mr. Williams said he did not propose to offer any evi-
dence upon the charge of conspiracy.
Mr. Cooper said he should elect to be heard upon that
charge, and the matter stood over to consider what further
steps should be taken.
In the tue.lutime sentence was deferred.

(Before the Common Serjeant.)
Edgar Brooks. a gun manufacturer at Birmingham, sur-
rendered to take his trial for misdemeanour.
This prosecution was instituted by the Birmingham Cun
Proofing-house, and the offence imputed to the defendant
was that he had disposed of certain gun-barrels that had
not been duly proved according to the requirements of
the act.

Tlio defendant pleaded guilty.
Mr. Gifford, Q.C., who was instructed to prosecute, said
that the only object of the prosecution was to vindicate
the law and to protect the public, and he did not press for
any punishment.
The defendant was therefore discharged upon his enter-
ing into a recognisance of 1001. to appear and receive judz-
ment if he should be required to do so.
THE CASE OF MR. VON HOOTEN. _ _ .

cab, worth 7W., the property of Mr. John King, cab pro-
prietor, New-street, Kennington-parts-mad.
Charles Waring, a cab driver, badge No. 9,224, said he
was is the employ of Mr. King ; and on Thursday evening,
about 7 o'clock, he left his horse and cab on the stand
in Southwark-street while he went into a coffee-house to
partake of his supper. He had not been there more
than a minute before another cabman came run-
ning into the place and asked him if he had autho-
risedany one to drive his cab away. He replied that
he had not, and hurriedly left the shop, and finding hie
hone and cab were gone, he proceeded to several of the
stands in search of them, and not being able to find them
he gave information to the police and the different station-
houses. On the following morning, at eight o'clock, be
found that they had been taken to his master's stables by
the police, and the prisoner, of whom he knew nothing,
was in custody on the charge of stealing them.
Gordon, police-constable 25 E, said that about 12 o'clock
on the night of Thursday, the 15th, he was on duty in
Portland-place, Regent's-park, when be received informa-
tion that a horse and cab had been stolen ,rom the rank in
Southwark-street, Borough. He proceeded in that
direction, and as soon as he approached the
horse and cab, the prisoner jumped off the seat
and ran off. Has :ng mom .eined that the number of the
cab corresponded with the one stolen from Southwark-
street, he pursued the prisoner, calling out " Stop thief,"
and he was ar:ested by another constable, and they took
him to the station-house. By direction of the inspector,
the horse and cab were conveyed to Mr. King's premises
and identified by him as his propel
Police-constable 161 E, said he was on date in Portland--
street at the time in question, when he heard cries of
" Stop thief " proceed from the direction of the Longhorn
Hotel, and saw the prisoner running towards him, fol-
lowed by last witness. He according) y stopped him, and
when he was told the charge against him he said he was
starving and wanted &little money.
Mr. King said that the horse had been so badly used
that it would be some time before he should be able to
send it out again. This was the third horse and cab that
hail been stolen from him in a similar manner.
The pr'soner, who declined saying anything to the
olisige, was fully committed for trial.

TURIN AND SAVONA RAILWAY.--(THIS DAY.)

A special general meeting of shareholders was
held at noon, at 169, Gresham Mouae, Mr. H. Kimura in
the chair, to consider communications from the Council of
Administration at Turin involving the existence of the

company.
Thu Cnatastali said the meeting arose from the receipt
of a despatch from Turin, dated the 7th instant.
Nothing was done at Turin for some months previously in
consequence of the action of the contractors (Messrs.
Guests,Us) and the course pursued by the Italian govern-
ment with regard to en advance of 40,000 f. to be charged
against the company. The letter from the Turin Council
charged the Loudon committee with having abandoned
their duty ; but he (the chairman) denied the
justice of that charge. 80 late as September last the
English board prepared a memorial to the Italian govern-
ment, setting forth the rights of the shareholders. He
then read at length a proposed convention or agreement
between the company and the contractors ; observing in
passing that, while under the arrangement thus pro.
posed by the contractors everything was to be handed
over to them by the company there was no
provision for a government guarantee, that Guestalla and
Co.'s (the contractors') private property was not pledged in
any war, and that the proposal was not to take effect
unless the Italian government advanced 240,0001—an ad-
vance with which the company could no doubt proceed
very well without the aid of the contractors. lleprooeeded to
ray that, each being the proposal of Messrs. Guestalla
and Co.upany, the alternative put by those gentlemen was
bankruptcy. On that point he would observe that they
owed the contractors 80,000/., which was now increased to
nearly 113,000/., and that, failing payment, Messrs.
Guestalla and Co. might no doubt proceed against them in
the Italian courts, the action of which was,
he presumed, somewhat similar to that of
our own courts in such matters ; but he
could not believe that the Italian government would
allow the proper Sy of English shareholders who had ad-
vanced their money for Italian railway works to be forfeited
in consequence of events over which they had no control.
(Hear, hear.) He then read the memorial be-
fore referred to, praying for a restoration of
the 5,000,000 francs of government subvention, together
with the guarantee of 2,200,000 francs per annum, to come
into operation immediately, the company in that case un-
dertaking to complete the rile witb'n two years. The line
had been so far well made; and it world be a cruel th'ng
if, after 600,000/. had been spent, the unsaleableneas of
Italian securities placed at their disposal by the govern-
ment at an adequate price should lead to forfeiture.
In reply to a question,
The CHAIRMAN said the board had secured the assist-
ance as regarded the memorial of English representatives
in Italy of the highest influence and consideration, adding
that the very same cause which bad benefitted the Italian
nation, namely: the late glorious war, tied rendered the
securities of too government unavailable for the purpose
for which they were intended. They had, he said, private
advice' that the proposals of Messrs. Guestalla and Co.
would be entertained by the Italian government ; but never-
theless it was desirable that the memo' ial shoul cl be presented.
It was a favourable irulication that last spring the Its `an
government almost ordered the contractors not to proceed
to an act of bankruptcy against the company ; and though
about the same time the government advanced 40,000 f.
for the works, and that was an act of forfeiture, he could
not think that any forfeiture was really contemplated.
A SHAREHOLDER thought the beet course would be for
the Italian government to buy the shares at par.
(Laughter.)
Mr. CON VBEARE considered that the company owed its
position in a great degree to mismanagement on the part
of the directors.
The CHAIRMAN, in reply, referred to the history of the
company and showed that its difficulties were owing
mainly to the depreciation of the shares following succes-
sive calls. The company was based on the anonyme
system.
Mr. HARTRIDOR testified, from personal observation, to
the great value of the services of the chairman. He also
referred to the claims of Mr. Murray, which, he °beet ved,
were quite distinct from those of the contractors.
[The meeting was proceeding when our report left.]