The Express.
London, England, 1867-11-18 00:00:00

DARBY V. MALES AND °THERA.

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This was an action to recover the amount of salary as ,
secretary to the Junior Reform Club, and for preliminary
expenses out of pocket in establishing the club, tried before ,
Mr. Justice She., when the jury returned a verdict for the
plaintiff for 1201. salary, 2151. for preliminary expense, and
Si. damages for wrongful dismissal. The aka defendants
it will be recollected, are members of the Reform League.
Mr. Quain, Q.C., with whom was Mr. Crompton, moved
for • rule nisi calling upon the plaintiff to show cause why
the verdict should not he set aside and a new trial had, on
' the grounds of misdirection, and also that the verdict was
against the weight of evidence. The defendant had
been induced to enter into the scheme on the
express promise or agreement of the plaintiff that
they should incur no personal liability, he having
I,ooof. with which to pay the prelinimuy expenses.
The learned counsel submitted at the trial that when he
proved that, there was an end of the case, but the learned
judge directed the
,jury that that was set aside by a reso-
lution of the committee of the 7th of May, which stated
that the preliminary expenses were not to exceed 1,0001.,
and that if 200 members were elected the club
should be considered as established, and that the secretary
should be entitled to the repayment of the pre-
liminary expenses and of the entrance fees. That re-
solution was no contract between the plaintiff and the
defendants, but • resolution come to by the defendants,
which the plaintiff, as secretary had to record iu the
minute-book.
The Lord Chief Justice said that the resolution of the
7th May altered the basis of the arrangement between
the parties. Hs was no party to it.
Mr. Quain complained that that was a question of
fact which should have been left to the jury.
[The case was proceeding when our report left.]
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COURT OF BANKRUPTCY.
(Before Mr. Commissioner Goulburn.)
IN RE LEWIS ISAACS.

This was an application for leave to issue process, not-
withstanding the execution of a deed by the debtor, who
was a horse dealer of Bell.lane, Spitalfielda.
His Honour, in giving judgment, said this case illus-
trated in a remarkable way how the deed clauses in
the act of 1861 might be made subservient to putposes
of fraud. The debtor had carried on the business of a
I horse dealer, or rather horse chauntsr, going about picking
up horses, and getting rid of them as be could. Having
had an accident and broken his leg, be called in
Mr. Llewellyn, a medical man, whose bill, for a
very long attendance, was only 18!. Afterwards'.
the debtor got up a deed which contained only the names ,
of three creditors—one was his sister, another a Mr. I
Harris, a fruit dealer, with whom he lived, and a Mr.
Solomons. The effect of this deed would be that Mr.
Llewellyn, instead of 18/., would only get about 18s.
There was great doubt as to thebona bdesof the allegedcre-
ditors but unfortunately for Mr. Llewellyn he had lain by too
long—upwards of four months. Though there was strong
ground for believing that the debts were fraudulent, the
court could not, after such a lapse of time, grant Mr.
Llewellyn the relief be :asked, by ordering execution to
issue.

Ml.. Bagley asked that the petition should be dismissed
with costs ; but his Honour refused to give costs.

IN RE ALFRED GOLDR)111').

The bankrupt was a wholesale jeweller and Birmingham
and Sheffield factor, of Houndschteh. He owes to unse-
cured creditors 3,183/.; assets are returned at 986/.
Kr. Reed stated that the assignees had indicted the
bankrupt for making away with property ; but he had
been tried and acquitted—the jury giving him the benefit
of a doubt. He had been ordered to file certain accounts,
but had not done so. An adjournment was therefore asked.
After hearing Mr. G. Lewis for the bankrupt, who
stated that the property had been given up, and sold for
nearly tOOL,
His Honour directed an adjournment.
(Before Mr. Registrar Murray.)
IN RI
RAIRIOOS.

This was the first sitting in the bankruptcy of George
Henry de Strabolgie Neville Plantagenet Harrison, de.
scribed as of 48, Bedford-row, and 85,Seymourntreet, carry-
ing on business as a genealogist and herald, in the name of
James Philippe. The bearer of all these historic MIMI
came before the wart with debts of 2t.;:if. only, and he re-
turns the debts due to him as of greater amount. He
ascribes his failure to lows in business, and having been
served with a bankruptcy summons at the suit of a credi-
tor. Mr. H. Balls, accountant, Bucklerabury, was chosen
trade assignee.

CENTRAL CRIMINAL COURT.
(THIS DAY.)

The November session of the Central Criminal Court
was opened this morning at the Old Bailey. There were
present the Lord Mayor (Alderman Allen), the Recorder
(the Right Hon. Russell Gurney). Alderman Sir Sydney
Waterlow, Alderman and Sheriff Stone, Alderman J. C.
Lawrence, Alderman Causton, Sheriff M'Arthur, I'nder-
aberlif Davidson, and Undersheriff Roche. The calendar'
shows a total of ti 3 oases standing for trial, and the offences
are thus classified :—Arson 4 ; bigamy, 1; burglary, 7 ;
uttering counterfeit coin, 12% chapel-breaking and larceny,
3 ; embezzlement, 2; forgery, 3 ; larceny in a dwelling- I
house, 1 ; larceny, 8 ; larceny from the person, 7; larceny
as a servant, :1; misdemeanour, 4 ; murder, 1 ; accessory
to rape. 1 • robbery, 4 ; feloniously wounding, 2.
The Recorder, in charging the grand juiy, remarked that
u so short a time had elapsed since last session, their
duties would not be very heavy. There was one charge of
wilful murder against Ernest Roder, who was indicted for
murdering the child of a woman with whom Le lived, but
it was not his child. There was no doubt the death was
caused by an injury in the forehead ; and what the ,
jury would have to consider was whether that was an
accidental injury caused by a fall of the child, or who-
thee it was willtilly caused by the prisoner. On this
point the medical evidence was that it might have been
caused either way. The prisoner's statement was that
the child fell on the floor while in a fit, and the main evi-
dence for the prosecution wee that of a female neighbour,
who stated that on looking through a hole in the door she
saw the prisoner throw the child violently down, and the
question for the jury to consider was whether her evidence
WAS to he relied upon. There were three charges of arson
one against a person of the name of Duncroft, for setting
fire to a wheat rick. The principal witness in this ease
deposed that he saw the rick on fire and immediately
afterwards sew the prisoner walking along. A sub-
sequent examination showed that the footmarks
near the spot corresponded with the prisoner's boots, but
the prisoner suggested that the fire was caused by a spark
from his pipe, and that he was not therefore liable to •
criminal charge. The second charge of arson was against
a publican named Richard Morris, for setting fire to his
house. On • Sunday afternoon he and his children left the
house, and shortly afterwards flames were seen to issue
from it. In the cellar certain articles were found to have
been steeped in spirits, and there was also a quantity of
gunpowder placed in one of the casks. The prisoner's
reply on being spoken to was that some enemy must
have done it ; but it would be proved that
shortly before he had purchased some gunpowder.
The third charge was against two persons named
Smith and Edson, and the interest in this case
arose from the fact of one of the prisoners being a police-
constable, his motive for the alleged offence being fur-
nished by himself in a statement he bad made to the effect
that on • former occasion, when he had been the first to
discover a fire, he had received some remuneration. The
learned Recorder then alluded to some other cases in the
calendar, and the grand jury thereafter retired to their
room.

THE CHARGE OF ZWRIZZLIDIUT ASLINST EARL SHATTER-
SOWS STEWARD.

It is expected that an application will be made to the
court on Wednesday morning to fix a day after the De-
cember session for the trial of Mr. Robert Short Waters, on
a charge of embezzling a very large sum of money belong-
ing to his late muter the Earl of Shaftesbury, in whose

service he was employed as steward. This case, it lei
be remembered, has stood over for a very long
time, and proceedings in Chancery have bein
going on between the parties. Upon the last occas
sion the trial was postponed for twelvemonths, as
'it was expected that during this interval the
Court of Chancery would have given a final decree, which
might have obviated the necessity for going on with the
criminal proceedings, this has not, however, been done.
and both parties are consequently in the same position that
they were on the former occasion, and it is therefore ex-
pected that the attempt to force on the trial by the defen-
dant will be approved on the part of the prosecution. At
all events, however, it is understood that the trial will
not come on the present session of the Central Criminal
Court.

MIDDLESEX SESSIONS.
(THIS DAY.)

The November adjourned general sessions of the peace
for the county of Middlesex commenced this morning
at the Sessions House, Clerkenwell-ereen, before the
Assistant Judge and the following magistrates:—Mr.
Rigg, Mr. John Bentley, Mr. Longden, Mr. S. E. Esker,
Mr. J. G. Filcher, Sir James Tyler, Mr. Rankine, 114.
Twentyman, &c.