The Express.
London, England, 1866-12-18 00:00:00

LAW INTELLIGENCE.

His Honour, being informed that the conec'tion an' cll
the papers °vaunted therewith ad b 1194 given up to tbe
assignees, grunted the bankrupt his order.

(THIS DAY.)

COURT OF QUEEN'S BENCH.
After Term Nisi Prius Sittings at Weirtminster.—(Before
the lard Chief Juetios and Special Juries.)
Till CHRISTIE/A HOLIDAY.
The Solicitor-General this morning addressed his lord.
ship, 'long that he had been requested to ask his lord-
ship to allow the sittings to terminate on Saturday instead
of oak being extended to Monday, which was the last day
of the doings in regular course. Christmas-day being on
Tuesday he had ascertained that it would be a matter of
t convenience to the bar, to the attornies, and to the
jurymen to be released on Saturday. The probability
was that if the court sat on Monday very little if anything
would be done on that day.
The Lord Chief Justice said it was what they all wished
pc doubt. There was a vary heavy cause list, but there
was a precedent for terminating the sittings on Saturday
when Christmas-day fell on • Tuesday. He had no doubt
everybody would be glad to get away on Saluda.
The Solicitor-General said-he could arum his lordship
it was the general wish of everybody.
The Lord Chief Justice—Then let it be so. Saturday
will be then the last day of the sittings.
The Solicitor-General asked his lordship's pectedodou to
make the communication of his lordship's decision to the
other courts.
The Lord Chief Justice—Certainly.

fTRAL CRIMINAL COURT.
(THIS DAY).

(Before the common Serjeant.)
At the witting of the court this morning Richard Joshual
'Darin 22, who had been convicted at the last medal for k
conspiring with one Mayhew to procure affidavits to file as
an excuse for the non-appearance of gentlemen to serve as ,
jurors in the city of London, was brought up for judgment, i
the other convict, Mayhew, having died while in custody
in Newgate.
Mr. Straight, who appeared for the prisoner, reminded
the court that the jury by whom the prisoner had been
tried had accompanied their verdict of guilty with a re-
commendation to mercy, on the ground that they con-
sidered he had been the dupe and tool of Mayhew, to
whom he was clerk.
Mr. Poland said that on the part of the prosecution he
was instructed to leave the case in the hands of the court.
The Common Serjeant said that he concurred In the re-
commendation of the jury, and he should give effect to it
by sentencing the prisoner to one month's imprisonment.
THE ALLEGED FELONIOUS RECEIVING OF STOLMI GLOVES.
The case of Simeon Duck and Wiliam Hoary Taylor, in -
dieted for feloniously receiving a large quantity of kid
gloves, the property of Mews. Dent, Allcroft, and Co.,
well knowing the same to have been stolen, bad been ap-
pointed to come on this m • , but in consequence of
the unavoidable absence of Mr. by Seymour, Q.C., who
had been speeally retained to defend Taylor, the trial was
atponed until the second day of the next sessions, and
Taylor was allowed to go at large on his former baiL

BATES_ V. HEINTIT.

The case was resumed this morn-
further h-f-thi• """
It was an actieariniton an • marine policy of insurance in
consequence of the capture of the late Confederate cruiser,
the
Q.C. and Mr. Potter were counsel for the
plaintiff ; Mr. Edward James,Q.C.,Mr. T. Jones, Q.C., and
Mr George Honyman, Q.C., were counsel for the de-
fendant.
lir. Bates was called this morning. He deposed that be-
fore purchasing the Georgia he applied to the sollecter of
customs, and from the information he received be pur-
chased her, and registered her as • British Alp. He
afterwards chartered her to carry the Portuguese mails
from Lisbon to the Portuguese settlements on the West
Coast of Africa. As she was the only Georgia screw
steamer in the world he did not think there could have
been any mistake about her, and he gave all the informa-
tion required as to her builder and condition and the ser-
vice she was to be employed in.
The Lord Chief Justice, in summing up, said the defence
to this action was that a material feat had been concealed
from the defendant, and there could be no doubt there
was no rule more important to be observed, or more salu-
tary in its effects, as maintaining that system of good
faith upon which the whole system of insurance
ought to be founded, than that it was incumbent upon
the assured, in order to enable him to main-
tain an action on a policy of insurance, to have
communicated to the Insurer all the facts that
were material with reference to • vessel, with the
view of enabling the underwriter to form a judgment
whether be would insure the vessel, and if he would, then
at what rate of pramium he would take upon him-
self the risks insured against. At the same time,
it was plain that the rule could not, and ought
not, to apply where the concealment or non-
communication of what was relied on was matter of
common knowledge of both parties. His lordship ob-
served that a very nice question of international law
same as to whether a government de facto in a state of
rebellion against a government de jure, which built, or
caused to be built, a vessel of war, could, while it
so remained a government de facto, dispose of it so as to
give a good and indefeasible title as against the
government de jure ; but that was not a qua-
lion which they had then to consider. The main question
for them to consider was whether the defendant had a
knowledge at the time be underwrote the vessel that she..
had been a Confederate war cruiser.
The jury, after being locked up nearly two hours,
came into court, and said they were not satisfied
that the defendant was aware of the fact that the
Georgia was the former Confederate steamer, but that
be had abundant means of identifying the ship at the
time of underwriting her.
The learned judge then directed the verdict to be
entered for the defendant, with leave to the plaintiff to
move the court above.

ASSAULT OW 1111; MGM SPAS.
Prisscis Lahey, 36, master mariner, surrendered in dis-
charge of his bail, to =awe: an indictment for unlawfully
assaulting and beating Albert Bryant on board the British
ship Cymbeline on the high sees, within the jurisdiction
of the Admiralty of England.
Mr. Metcalfe appeared for the prosecution, and Mr.
Ribton defended the prisoner.
The case was tried at the last session, when the jury,
after being looked up for nearly four hours, could not agree
to a verdict, being divided-11 to 1, and in consequence
the jar g were discharged without giving a verdict, and the
COM was ordered to stand over until this day. It will be
remembered from the report of the former trial, that the
prisoner had been captain of the ship Cymbeline, and that
for had been at first second mate, but on the
=till of the chief mate by the captain had been
promoted to that post. All went on tolerably well shortly
before the ship reached Hong Kong, when as was alleged
the prisoner, without cause, began a system of assaults
upon the prosecutor, placing him in irons, and confining
him, thus manacled, in the " Ward," a miserable place,
described by the witnesses as unlit to put a dog into.
From the number of witnesses to be examined the trial
is expected to occupy the attention of the court the
whole of the day.
(Before the Recorder.)
•
• The oourt was occupied from its sitting until the de-
, 'patch of our report with the trialof the Mint prosecutions,
; which were wholly destitute of interest. The counsel en-
. gaged for the prosecutions were Mr. Poland, Mr. Crawford,
and Mr. Straight.

THE POLICE COURTS.
(THIS DAY.)

COURT OF COMMON PLEAS.
Sittiags at Nisi Prins in London.—(Before Lord Chief
Justice Bovill and a Special Jury.)

k
THE ALLIANCE BANK ‘LIMITED) Y. ABRAHAMS.
This was an action to recover the amount of a bill of
exchange for 100/. and of a promissory note for 7SL, and
the defence mainly relied on was that the defendant had
been exonerated from liability upon the bill and note in
consideration of his forbearing to crass-examine Mr.
Frankenheim in the Court of Bankruptcy in reference to
some matters which, according to the caw for the defen-
dant, the plaintiffs did not want made public. The matter
wu partly heard yesterday, when the case for the defea-
dant was first laid before the jury, and afterwards Mr.
Argles, one of the solicitors far the plaintiff, was examined
on their behalf, and some extremely contradictory evidence
was given.
Mr. Milward, Q.C., and Mr. Archibald appeared for the
plaintiffs ; and Mr. G. Denman, Q.C., and Mr. F. H.
Lewis for the defendant.
Mr. Charles Arglea was recalled this morning and his ex-
amination in chief was continued, and some few questions
were put to him to show that entries in his books confirmed
the plaintiff's case.
Cross-examined—l have never had a very large stake in
the Alliance Bank. I and my partner have 200 100/.
shares, 25/. paid up. I had never spoken to Frankenheim
before I saw him on the 17th November at the Bankruptcy
Court. The rumours I had heard on the 17th November
were not that the Alliance Bank had rigged the
market. The shares of the bank rose iu 1864.
Soon after Frinkenheim's bankruptcy they fell.
During this fall I never heard rumours affecting
the bank, not in reference to the hank and Frankenheim.
Everything that passed between me and Mr. Abrahams and
Mr. Lewis was in reference to another bank, and not the
Alliance Bank. They knew it was the other bank
because they had directors, the manager, and secretary of
the other bank at the Bankruptcy Court. I was concerned
forthese gentlemen. I made a mistake. I had seen Franken-
heim twice before Nov. 17. I repeat that Mr. Lewis has
misconceived the whole thing. What I said in reference to one
bank he has attributed to another, the Alliance. In asking
for an adjournment in the Bankruptcy Court it was in-
tended to have better accounts. I also understood that an
ansuigenient was to be effected. In reference to the other
bank I never said " For God's sake," nor anything of the
sort. I gave Mr. Abrahams time to pay his debts to the
bank, but afterwards I wrote to him for payment, and he
called upon me.
[The case was proceeding when our report left.]

COURT OF EXCHEQUER.
Sittings at Nisi Prins at Guildhall.—(Before the Lord
Chief Baron and r Special Jury.)
r. THE!:ASLIGHT A(I) COKE COMPANY.

This was a new trial of an action which arose out of the
destructive fire at Saville-house, Leicester-square, on
Tuesday, the 28th February, last year. The plaintiff, Mr.
'Ward, was a manufacturer of invalid chairs, who occupied
• shop and premises in the lower part of the building, and
be sought to recover damages for the loss he
had sustained by the fire over and above the sum
for which his property was insured, and also as trustee of
the insurance company for the amount they bad paid to
him. The fire was caused by an explosion of gas, which
had escaped, as the plaintiff alleged, through the negli-
gence of the company's servants in imperfectly closing or
not closing at all the orifice of the service pipe, which had
been disconnected from the meter.
The Solicitor-General, Mr. Manisty, Q C., Mr. Pollock,
Q.C., and Mr. Holland were counsel for the plaintiff ; Mr.
Hawkins, Q.C., Mr. Coleridge, Q.C., and Mr. Haswell for
the defendants.

The case, which excites great interest among gas COM-
panics and insurance companies, is likely to occupy the
court a considerable period. On the last occasion the trial
hated three days. To-day the conrt was filled with elabo-
rate models of the building, as well as other models, show-
ing the mode in which the gas pipes and meter were fixed.
In the course of the morning the Solicitor-General made
a similar application to that which bad been successful in
the Queen's Bench and Common Pleas, for terminating
these sittings on Saturday next, instead of on Monday.
The Lord Chief Baron, after consulting the jury, who
rid they were unanimously in favour of their labours
closing on Saturday, announced that the court would not
sit on Monday.

GUILDHALL.
Als EXPRNRIVE CAB TARE.
Mr. John Rutherford Aitken, a surveyor, residing at
Fgham, in Surrey, was summoned before Sir Robert W.
Carden for a cab fare amounting to 225.
e James Cunningham, the driver of cab 11,93 G, stated that
on the sth of December he was hired by the defendant in
Red Lion-street, Holborn. From there they went to Far-
rhigdon-road, and thence to the corner of Cheapside, where
he gave witness a glass of ale, and then they drove on to
Simpson's in Cheapside, where he discharged the
cab, paid 2s. 61., and gave witness another glass of
ale. It was then ,half-past 11 o'clock, a.m. The de-
fendant then re-engaged him, and told to him to drive
him to the other Simpson's at Billingsgate, and he did so.'
Mr. Aitken waist down to that house, and the complain-
ant waited there until 3 o'clock, when he went in search
of him, and found he had been dining, and had had a sleep
after dinner. lie told defendant that he thought he had
forgotten him, but he said he bad not, and asked com-
plainant to have some dinner. It was not convenient for
him to dine, so be took some drink instead. The defen-
dant came out about 4 o'clock and was then driven to
Farringdon-road, and from there to Bloomsbury-square.
He stopped the cab in Holborn, and ordered it back to
Farringdon-road, and after that be said he must
see his solicitor, and wait about for him. Witness
told him he must go home and change his horse and he
said he would go with him, and they went to St. John-
street-road, where the defendant went into a public-house.
He took the defendant up again and at 10 o'clock at night
he set him down in West Smithfield, because he was
asleep and ho could make no sense of him. He claimed
225. for 11 hours. The complainant was cross-examined
but adhered to his statement.
The defence was that Mr. Aitken had taken the cab in the
first instance to Farringdun-road, where he paid complain-
ant 2s. Gd. and discharged him ; he re-engaged the cab to go
to Billingsgate, where he gave 2s. Gd. and then discharged
him ; that he had been very liberal in giving the cabman
drink and sandwiches, and therefore he waited for so good
a customer ; that he again hired the cab and went to
Farringdon-road, and there discharged him, paying
him another 2s. Gd. He afterwards hired the cab a,'ain,
and told the compla;nant to drive to Waterloo-sta-
tion, but instead of doing so he took advantage of the de-
fendant's good nature and the fact that he was a little
fresh and drove him to Holborn among a lot of his own
companions, and he remembered no more. He was not
drunk in the cab but stupefied from having been drugged.
He had 3/. 17e. when he took the cab, and when he gut
home he had only 21.
Police-constable 257 said he roused the defendant in
the cab and got him out, and it was then a quarter to 9
o'clock. He was very much stupefied, and witness could
get no sense into him. The cabman said the defendant
had two sovereigns, some silver, and some coppers in his
pocket, but he saw none of it.
Sir R. W. Carden thought the cabman wall entitled to
his fare by time, and ordered the defendant to pay 225.
cab fare, Is. Gd. for the man's loss of time in taking out
the summons, 2s. Gd. for his attendance that day, and Is.
for the summons, making together 295.
The amount was at once paid.
CLERKENWELL.
SYSTEMATIC RuIIUERY BY A BARMAN.
William Webber, aged 18, a respectable-looking young
fellow, a barman, was charged before Mr. Cooke, on re-
mand, with stealing three threepenny pieces, 23 half-
ouuces of tobacco, 79 cigars, and other articles, the pro-
perty of his employer, Mr. William Hammond, licensed
victualler, at the Welsh Harp public-house, 23, Aylesbury-
street, Clerkenwell.
From the evidence of the complainant it appeared that
the prisoner entered his employ on the 18th of November
last, and since then, though the trade had appeared to
increase, the amount of the takings had considerably
fallen off. Suspicion at last fell on the prisoner, who had,
since he had been in the service of the prosecutor, pur-
chased two or three new suits of clothes and a valuable
gold watch and guard. On the afternoon of Sunday,
the 9th of this month, the prosecutor marked 12
threepenny pieces, and placed them in a glass
at the back of the counter. The practice
at this house is not to pay to customers threepenny
pieces, but to keep them to meet small incidental ex-
penses. At 5 o'clock, when the house opened the prose-
cutor missed three of the marked coins, but said nothing
to the prisoner about his loss. On the following morning
he called in Police-constable Neighbour, 225 G, and gave
the prisoner into custody, and on his box being searched
two of the marked coins, together with the tobacco and
the cigars mentioned in the charge-sheet were found.
The prisoner,who seemed to feel his position vete. acutely,
said he was guilty, and hoped his master would be merci-
ful to him, and he would take care never to offend any
more.
Mr. Cooke asked the prosecutor what he considered the
amount of Fs losses were.
The prosecutor said over 30/. Since the prisoner had been
in the House of Detention, he had written him &very penitent
letter, in which he said he would restore all he could. Under
these circumstances he would recommend the prisoner to
mercy, though he had not shown him any mercy in robbing
him to the extent he had. He understood that the friends
of the prisoner were highly respectable, and that this was
COURT OF PROBATE AND DIVORCE.
(Before the Judge Ordinary.) the first time the prisoner had been in custody.
Mr. Cooke said that the prisoner had pleaded guilty to
MILFORD v. MILFORD.—SENTENCE. this charge, and had it not been for the reoommendation
In this case, which was heard a short time ago,and which by biz master to mercy, but perhaps still more from the
ess already been reported, Sir J. Wilde gave judgment penitent letter the prisoner had written, he should have
this
morning. He said there could be no doubt as to the felt it his duty to pass a severe sentence.
adultery, for it was admitted, and it was of a most profit- Several gentlemen in court stated that the prisoner had
gate character. As to the cruelty, however, the case was come from Somerton, in Somersetahire, that his parents
not so clear. Only four acts of actual violence were were respectable andwell to do, that he bad belonged to the
alleged to have been committed during a cohabitation choir of the church there, and that if the magistrate
at ten yearn, and of those two appeared to have been of the would pass a light sentence they would see that when he
most trivial (I,sicription. As to the other two he thought came out that ho was restored to his parents.
that Mrs. Milford had given a somewhat exaggerated Mr. Cooke said that but for this character and the
seooent of them ; and on the whole be was not satisfied apparent penitence of the prisoner he should
that the plea had been made out. He should, therefore, have passed the highest sentence in his power.
merely decree a judicial separation on the ground of adul- When a servant betrayed the trust imposed in him
tery. by his employer, and stole the property of his employer,
,The respondent, it will be recollected, was a banker at it was much worse then a case of petty larceny. He then
e4eter. sentenced the prisoner to three months' hard labour in the
House of Correction.
COURT OF BANKRUPTCY. i The prisoner, who was in tears, was then removed.
(Before Mr. Commissioner Holroyd.)
A BOY BREAKING A MAN'S ARM.
IN RE N. L. T. T. VON EXTER. James Morriss, a rough-looking boy, about 15 years of
The bankrupt was described as of Victoria Hotel, Easton- age, was charged with breaking the arm of James Monro,
lad, mine proprietor and mining engineer. His liabilities at Islington.
&mount to 10,952 f. - assets and property held as security Mr. Ricketts, solicitor, defended.
only Imo. '
The 'bankrupt attributed his failure to The prisoner was throwing some stones at the
the expense of obtaining a concession from the govern- palings of the complainant's
he hou and
would notwhen
and was
asked
meet for the establishment in Russia of an Anglo-Russian to desist by Mrs. Monro
33.11 h, and the delay in making the same available in con- very impudent. On that the complainant went out,
Nguema of financial difficulties in England and on the tad told the defendant to go sway, but he would not,
Contioent. . and took up a-great atone sod kit him co the arm. Hsieh
Mr. Aldridge appeased for the official assignee, and Mr. great pain from the blow, and on being taken to e Royal
G. Lewis for the bankrupt. Free Hospital, Gray's-inn-road, it was found that his arm

had bez,n broken, 1 that just above where it had been
previously broken, about six or seven weeks before. As
the surgeon was not now in attendance,
Mr. Cooke remanded the case.
SOUTHWARK.
PICKPOCKETS AT A RAILWAY STATION.
BEGry &ea, a trainer of young thieves, and George
Daniels. a well-dressed lad. 13 years of age, wine brought
before Mr. Woollych by George Holmes, a detective ser-
geant of the 31 division, employed by the South Eastern
Railway Company, charged with picking pockets at the
London-bridge terminus.
Sergeant Holmes said that on the previous afternoon
he saw the prisoners come on the platform of the North
Kent Railway. A train had just come and they mixed
among the passengers. Shortly afterwards he saw them
walking up the platform conversing together, and then
they separated. Having heard that a lady had been robbed
he watched them, and saw Reeoe endeavour to put some-
thing away. He, however, seized hold of his hands, and
found the purse produced in it. The prisoner at first
said it was his own, and that it contained only
a few signings. Witness, however, found four half-
crowns and eigbtpence in it. Then Reece said he
picked it up on the platform. The prisoner Daniels
attempted to make his escape from the station, but was
stopped by another officer, and handed over to his custody.
Mr. Woolrycb asked whether the female who had been
robbed was in court.
Witness replied in the negative, but on a future day he
would procure her attendance.
The prisoners here denied all knowledge of each other,
and declared that they were not at the railway station for
any improper purpose. The lad said he went to meet his
sister, and being a stranger at the place, he went up to the
other prisoner, and asked him to show him the way to the
refreshment-room. He was about going there when he
was taken into custody.
Sergeant Holmes said that he should be able to show
that they were both thieves, and that the elder prisoner
was an active trainer of young thieves.
Mr. Woolrych accordingly remanded them.
WANDSWORTH.
CHANGE AGAINST A SIGNALMAN.
William Going, in the employ of the South Westeia
Railway Company, was brought before Mr Ingham on •
charge of indecently assaulting a young woman named
Martha Chun, living with her mot in Sussex-street,
Bridge-road, lattersea.
Mr. Wilson defended.
The complainant, a respectable-looking young woman,
gave an account of what took place in the back garden,
which abuts on the embankment of the railway. She went
into the garden about 10 o'clock on Sunday night. having
put the candle in the wash-house SA she did not require it
as the moon was shining at the time, when the prisoner
rushed in upon her and committed the assault with which
be was charged. When he heard the footsteps of her bro-
ther, he rushed out into the garden up on to the line.
In cross-examination the witness said she had known
the prisoner between four and five years by seeing him in
the signal box on the line. She denied having gone up to
his signal box on Sunday evening, neither witness nor her
sister. She admitted that about twelve months ago he
called at the house where she was in service, but she
denied having admitted him. She had . been in his
box, nor had she been in the Green-lane with him. She
had never been intimate with the prisoner, nor with any
man. She did not ask him to come down from the line
on Sunday night. She did not give him a signal to come
to her. When he rushed in she tried to get away from him
and helloed.
Alfred Chun, the brother, said that on returning home
on Sunday night he went into the garden, where he saw
the prisoner rush out and go up on to the line. Witness
looked in and saw his sister, who was crying, and said the
prisoner had assaulted her. He then went up on to the
line to the signal-box and asked the prisoner for his name,
when be abused him. The witness added that he heard
something like a rattle at the door on his entering the
garden. He heard nothing else. His sister's character
was good. He had lived in the house for five years and
the prisoner had been employed in the box all that time.
He bad not spoken half-a-dozen words to him.
The sister, • married woman, was called, and proved
that she had never been in the signal box.
Inspector Spice, of the company's police at Nine-elms
depot, was called, and said he had never heard of any
complaint against the prisoner.
At the request of Mr. Wilson, who was not prepared
with his defence,
Mr. Ingham remanded the prisoner.