The Express.
London, England, 1856-11-27 00:00:00

SOUTHWARK.

Mr. (lenge Con, coal neenhant, No. 10, Hispland-
ormicent, Kuirland.road, trade amigaee to an insolvent
mined Shapland, was placed in the felons' dock charged
with steeling, on the 22nd instant, from • stable in Castle-
street, Bouthwark, two waggons, two home, • set of true
harms, and • collar, the property of Itioltard Myatt
Oadsby. cannon.
Mr. Perry, the solicitor, of Tooley.street, appeared ter the
ptomains; and Mr. Metcalf, instructed by Mr. Beard,
bee the ofice of Mr. Buchman, for the prisoner.
Mr. Pony, to aiming the nee, informed his worship that
ammo se the name of Shapland recently became iosol
nut. and Mr. Cott we chases trade soignee, he being one
dim begin creditors. Prior to the insolvency, however,
Ida GUM advanced 11111011 of mosey to Shapland, and as
seencity for the npayaient received a bill of sale ea the
=T. which the primer had anlawfally MM. Oa
y, evening, during the abeam of his client from
bias, Mr. Cott proceeded to his premien in Costirstreet,
with twenty or thirty goal-heavers and others and forcibly
took oommion of the property he wag new 'charged with
netediab the voles of which we shoot 801.
Ik. Berniwata wash( hear the evidence before he pus any
*Masa tMwidest.
Miebani Myatt Ciadaby, • young men abed 25 years of
aso.me oirses. He ealer-1 am a carman, and I live at
Igo. Owilimtreet, Boutbwark. Oa Saturday night list,
the psWau, with about seventy others, entered my pre-
mises between 8 and 9 o'clock, and forcibly took sway my
ems, three bones, a cart, and harness, my property. The
doors wereopen when they entered. The waggon was quite
new, made by Mr. Forman, a waggon maker. One horse I
bought of Mr. Woodruff*, another I purchased of Mr.
Harris, • termer in the nanny, and the third had been
Shapland's. Then were eight sets of harness and collars
besides that I purchased of Shapland prior to his insolvency.
Croes-examined-1 we servant to the insolvent before his
insolvency, at 18s. a week. I puirchend his waggons,
benign &a., end be became my servant at the same wage,.
(The hill deals was here produced.) I don't know how
Mg it was before Insolvent failed after I had purchased the
goods. I think it waa about • month. I paid him 2001., in
three payments. My father gave me the money. H. was
• dyer in Spitalfielai. He left it me by will. He died some
years ego abroad. I isn't ezact/y say where. I kept the
Ny. io my house after his death.
. -

Mr. Metcalf—l don't think, sir, I need trouble you with
say dehisce after the statenteat made by this man. You
can alertly see through the cur.
Mr. Benham—Mr. Cult is duly seam/hod sad appointed
trade assignee to the estate of an lasolvent named Shap-
land, and he has trailed that istrolvent's property to the pee
session of the prosecutor. As to the bill of sale I hold in
my head, it stinks of fraud.
Mr. Fury—What we say is this. Mr. Catt bas unity
-
folly takes away property worth 601., which my client is
entitled to under kbons fide bill of sale.

Mr. Burobam—Nonsesse. Mr. Cutt is clearly the trade
arie to the insolveat, and be has a right to protect the
creditor,. It he had seized the property illegally they had
not a shadow of a right to give him in custody for felony,
bat proceed against him by siva action. He must be di►
charged from carat, at ones.
Mr. Metcalf—l now have to ask your wonhip for • sum-
mons against Mr. Gabby, for an eassult on Mr. Cott, a
gentleman of station and property, who had been cc illegally
locked up is a felons' cell.
Itspeetor Macintosh—Mr. Perry came to me at the Ber-
mondsey police-stationorbile I wet on duty there, and I told
him to be cautious how he acted. After Mr. Cute was
locked up, I accepted bail immediately under the circum-
stances.

Mr. Benham to Mr. Metcalf—lf you apply fora summons
I must he►r some evidence before I can grant one.
Mr. Cats was then sworn. He said I am trade assignee
to an insolvent named Shapland, and in the performance of
my duty I ascertained that property was in the possession of
Gedsby which °Dahl to have been given up for the benefit
of the credit trs. I applied for an order from the Insolvent
Court to seise them, and lodged the necessary eadavit i■
soars. The order wso cossocuently made for me to seise
them. On Batsrday night I accordingly went to Gadsby's
premises with some men end two police constables, to pre-
' vent a breach of the pesos. Oa Tuesday evening I was,
'given into custody for felony and locked up.
Mr. Metcalf—Who gave you Into custody 7
Mr. Cott—Mr. Perry was there at the time, and he ad-
vised to give me into custody.
Mr. Parry—Did you not go to Birches, and seise one of
my olieoVe tens ?
Mr. Cute—Yes, because I was told ono was there.
Mr. Burcham—Yon had • right to go to Muses. Bar-
olaes ; sad samt Itholy you were justified, under the cir-
cumstances, in 'tieing that van. I shall grant a summons
against Oadaby for toe assault.
Mr. Metcalf—This is a very important case as regards the
mercantile community, and my client is determined to pro-
ceed with it as for as the law will allow him. I have not
the least doubt, sir, hot that I shall be able to prove a very
impudent and glaring fraud upon Shapland's oreditom
The summons was aoscrdingly greeted.