The Express.
London, England, 1866-12-13 00:00:00

35.15.6

THE EXPRESS, THURSMY totalvitEß 13, 'Mr.: 7."

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*parting intelligence.

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COURT OF COMMON PLEAS.—Dge. 12.
SECOND COURT.
Sittings at NW Prins in London.—(Before Mr. Justice
Keating and • Common Jury.)
LONGWORTH V. Bourruni.
This was an action to recover a sum of money paid far
shares, upon the pound that the plaintiff had6ssnin-
duced to purchase the shares by mkrepresentation.
Mr. J. J. Powell, Q.C., and Mr. Phillniok appeared far
the plaintiff ; and Mr. Coleridge, Q.C., and Mr. H. Lloyd
for the defendant.
The plaintiff bad been a tobacco-pipe maker, but later
in life he turned builder. The defendant had been • shoe-
maker, but of late years had become connected with •
number of public companies, and bad bought and sold
shares. Both parties were interested in. e temper-
ance movement, and in 1862 &building society the in came:ion
with that body was started, and the society was afterwards
converted into the Estates Bank. The plaintiff's ease was
that in August, 1865. the defendant Galled upon him, and
solicited bun to purchase shares in the bank. He elated
that the shares were eta premium, that they were quoted
in the Stock Exchange list, that the bank was about to
ho amalgamated with an old and respectable bank which
was doing a good business, and that the shares would be
thereby increased in value ; and further, that there would
be no call made for twelve months.
The plaintiff was called as a witness, and he said that
the defendant wished that he would buy all the shares in
the Estates Bank that he could afford. He said that they
were at 10s. per share premium, and that they were on
1 the Stock Exchange list. e said that they would be like
1 New River shares, but wHitness did not believe that. He
said that the bank would be amalgamated with the
General Exchange Bank, an old established ooncern, which
had more money than it was known what to do with. Ile
also said that there would be no call for 12 months. He
persuaded witness to take 50 shares at a premium of 30.6 d.,
and witness paid 1081., being 2/. per share in addition to
the premium.
A further part of the plaintiff's case was that the repre-
sentations made to him were not true. Soon after he
purchased the shares the Estates Bank was amalgamated
with the Exchange Bank, which in its turn became anud-
gamated with the Hamburg and Continental Bank,
which was now being wound up. The result of the whole
transaction was that the plaintiff had lost his money.
The defendant stated that, at the beginning of April,
1864, he became connected with the Estates Bank. He
took shares, and also kept an account at the bank. Some
months before August, 1865, the plaintiff signed to tak
100 shares in the Estates Bank, but witness, at his re.
quest, got him released from his liability. In conseq
ateuene he
of a message which he received from the plaintiff
bank, he called upon the plaintiff. Thep laintiff asked
how the shares in the bank were going and witness
said th.y were at 10s. premium. Thia statement waa
true. The plaintiff regretted thst be bad not taken the
100 shares, and witness said it was not then too late. It was
probable that witness said something about amalgamation.
He never said that the shares were quoted on the Stock
Exchange, nor that there would be no call for twelve
months. Witness himself had now standing to his credit
at that bank about 6001., so that be was a beer to that
amount.
Some other evidence was given in support of the defen-
dant's case ; and, among other things, it was stated that
if the Estates Bank affairs could be separated from the
amalgamation, there would be more than enough to pay the
creditors of the bank.
The jury, after considering the matter for a few minutes,
found a verdict for the plaintiff for 1081.

THE METROPOLITAN GRAND wrimpLE-1
CHASES.—WIDNILSDAY.
This meeting was concluded to-day, and notwithstanding
that rain fell in considerable quantities at early morning,
the attendance was if anything larger than on the evening
day. The ,ring was exceedingly well repiweented, and
speculation was brisk. Tire " going' was heavy, "ad the
ram having collected in yesterday'. " ruts," portions of
the course were under water. The principal race of the slay
—the Metropolitan Handicap—for which King of
Hearts was made favourite, was won by a comparative 1
outsider, Plover, whom Mr. Bennett bought at the sale of
Mr. Morgan's horses, a few weeks ago, for 4401. guineas.
A few huneseds to eight were booked about it, and the
owner landed 6001. in bets. The plate of 30 soya. did not
produce a race.
THE I:LOITERS' STEEPLECHASE of 3 sous. each, with 30
added; for hunters ; weight for age ; penalties and &Pow-
About two miles. (6 subs.)
R. Clifford's Waterperry (It b), 6 yrs. Mit Mb
(Mr. Hobson) 1
Mr. Thomas's Brunette, aged, list Sib (n. Mb ex) (car
13st lib) lr.
Grant) 2
Mr. P. W. Smith's Conntesa, B
ald,l2st 41b )11r. She 3
Vanity also ran.
Betting : 7 to 4 apt Vanity, 2 to 1 siot Waterperryt 5
to 2 apt Brunette, and 4 to 1 apt Countess. Vanay
made play. attended by Waterperry and Brunette, Coun-
tess bringing up the rear, till the fence before the stand,
which Waterperry was first over, and led until about a
mile and a quarter of the distaroe had been traversed,
when Brunette joined Waterperry and Vanity, passing
them on the hill side. The four ran in close company
until a couple of fences from home, when Vanity fell, and
Bi inette being beaten within the cords Waterperry won
very easily by six lengths. Countess was a bad third, and
Vanity did not pass the post.
A SELLING STEEPLECHASE of 3 lova. each, with 25
added, for 4-yr-olds and upwards ; weight for age ; selling
allowances. About two miles and a half.
Mr. Frank's Salamis '630), aged, list (Pickett) 1
Mr. Cheshire's Cock Robin ifialn, aged, list..(Yr. Grant) 2
Elise and Idiot also ran.
Betting : sto 4 opt Salamis, 9 to 4 apt Elise, 3to
1 apt Cock Robin, and 10 to 1 apt Idiot. Cock Robin
cu. out the work, followed by Elias and Salamis, Idle.
lying last to the first fence, where he fell, but Brazier
mounting he was persevered with a couple of hundred
yards further, when he pulled up and trotted home. No
variation occurred in the position of the remainder until
they had traversed a mile and a quarter, when Salamis
headed Cock Robin, Elise dropping a long way in the rear,
and being beaten half a mile from home Barton retired
from the contest. The other pair led alternately till about
, 200 yards from home, when Salamis got in advance, and
I won in a common canter by ten lengths. Nothing else
passed the post. The winner was bought in for 31 guineas.
THE MEr6OpuLITAN HANDICAP, of 10 soya. eaoh, 3 ft,
with 100 added ; winners extra. Three miles. (38
subs.)
Mr. W. 0. Bennett's Plover—by the Grey Plover—Alice
Gray, 6 yrs, lOst 121 h Mr. .11umf.)rd. 1
Mr. J. Dolly's Ben Nevis, 5 yrs, lost e AbletC 2
Mr. A. W. Clayton's Crusade, a, leat illb 'J. Page) 3
The following also ran : King of Hearts, Reporter, and Fan. I
Betting: 6 to 4 apt King of Hearts, 5 to 2 apt Cru-
sade, 6 to 1 apt Ben Nevis, 10 to 1 agst Fan, 100 to 8 apt
Plover, and 20 to 1 agst Reporter. After having taken
their preliminai y canter, Mr. Wanaer took the lot in charge,
and succeeded in despotching them at the first attempt—
Ben Nevis taking a clear lead of Reporter, Crusade, King
of Hearts, and Plover, Fan bringing up the re—r. Ben
Nevis refused at the first fence, but was got our at the
second attempt, and joined Fan. At the stand Plover
held a slight advantage ofiCrusade,Reperter going on third,
King of Hearts fourth, Fan and BenNevu,side hyoids, being
about a dozen lengths in their rear. Making the turn for the
fence they took Indian file. Crusade was first over,
Reporter and Plover, at whom Mr. blumforil took a judi-
cious pull, clearing the fence together, and next to them
was Ben Nevis. who took second place two fences further on,
where Plover dropped fifth. On the hill side Reporter
took up the running, Ben Nevis going on second, Crusade
third, Plover fourth, King of Hearts fifth, and Fan still
last. In the next field Reporter, stepping in a " grip,"
fell, and Ben Nevis was left with the lead, but it was only
momentary, as Crusade got in front, giving way to Ben
Nevis again at the stand hurdles. The leading lot
Cadtthe stand in a pretty compact body, Crusade
g a alight lead of Plover, Ben Nevis,
and King of Hearts, Fan being many lengths
in the rear of Reporter. At the second fence past the
stand Ben Nevis took up the running, and maintained the
lead till about half-a-mile from home, when, as they were
coming down the hill, King of Hearta took it up, but pre.
sently gave way again to Ben Nevis, Crusade going on
third, Plover fourth, and the others beaten off. They ran
thus for the next quarter of a mile, when King of Heart.,
i, showed in front, Ben Nevis going ou second, Crusade third,
and I'lover next. At the last fence Plover came with a
rush, and, depriving King of Hearts of the lead within the
' cords, won easily by a couple of lengths from lien Nevis.
Crusade was defeated four lengths for second place. King
of Hearts was fourth, Reporter and Fan trotting in in the
order named.
TIIII HVIIIE Pl. VIT Illai.dieap), of 54) ants.; winners
extra. About two miles and a half.
Mr. J DAlly's sir Robby, by tfutchin'a llercrie.t. dam by
David, 6 yrs. list Illi
Mr. Frank's li.ualoline, aged, lOst 2lb (carried (
lost s)bi
Pickett) 2
. .

-OS 96
10 93
90 A
77 79
73 77
101 10$
103 106
100 106
106 109
os 90
100 102
101 106
103 106
103 106
106 107
103 106
101 106
06 100
96 OS

Listnn and shuttlecock alsn ran.
Betting : G to 4 on Sir Bobby, tl to 1 apt Bandoline,
and 4Vi 1 apt Liston. The favourite made the whole of
the running, and won easily by twenty lengths from Ban-
doline. Shuttlecock was pulled up after going a short
distance, and Liston, who nearly came down on his head
at the drop fence, was also pulled up.

•••••••••••••••••.......••••
into the Bank of England, to the drawing account of the
prosecutors. The prisoner entered the accounts correctly
in this look, but It appeamed that butted of paying in the
whole sum he received, he kept back various large sums,
in one butanes T25f., in another IX, and in a third 501.,
and in order to conceal bb defalcations be made up a fic-
titious pass book, In which the full amounts were entered,
so that.no suspicion wag created, and the fraud was only
Bakby the fictitious peas-book being sent to the
Bank of England to be examined during the temporary
absence of the prisoner from his office for a holiday.
Mr. Freshfield called • few witnesses for the purpose of
completing the formal portico of the case with regard to
the tracing of the cheques and other securities that had
been paid to the prisoner, and when this had beendone he
asked that the prisoner should be committed for embez-
zling the three sums above mentioned.
The Lord Mayor then put the formal question to the
prisoner whether he wished to say anything in sower to
the chin zee that were made against him
He replied that he should reserve his defence, and the
Lord Mayor then said that it was his duty to commit him
to the Central Criminal Court to take his trial.
George Foster, • respectable looking young man, was
brought up by Hancock for further examination upon
several charges of robbery of a very impudent character.
It appeared that the prisoner went to the establishment
of the Commercial Clothing Company, in Cheapaide, and
asked to look at an overcoat. Several were shown him,
and he selected two, and said that his brother was em-
ployed in the establishment of Means. Copestake and Co.,
warehousemen. in Bow-lane, which is nearly opposite the
shop of the Commercial Clothing Company, and he 11;shed
• porter to be sent with him in order that his brother
might keep one of the coats. A porter was sent with
him, with instructions to bring back either the money or
the coats, and when they got to the corner of Bow Church-
yard, the prisoner, in an off-band way, took the parcel
from the porter, and said he would go and show the coats
to his brother, lam, ing the porter in the street He waited
pr :lently until a messenger was sent from the shop to see
what had become of him, and upon inquiries being made
at Messrs. Copestake's it was discovered that the prisoner's
story about his having a brother employed in the establish-
ment was Übe. Very establishment after this the prisoner made
his appearance at the of Mesas. Samuel,
Brothers, in Ludgate-hill, and he them selected coats sod
waistcoats to the amount of Si,. which he directed to be
packed up, and requested that a porter should be
ere
sent with him to No. 8, Gresham-stree, where
he said he was employed, and the goods should
be paid for. The porter accordingly accompanied
the prisoner to No. 8, Gresham-street, and, upon
their arrival, the prisoner took the parcel from the porter
and went into the office and spoke to • person who was
inside. He then came out again with the parcel, and
by the porter, telling him that he should be back
directly, and crossed the road, and the man who was sent
with the goods, from seeing the prisoner speak to the per-
son who was in the off ce, believed that he wasloiownthere,
and did as he was requested, and the
h hi prisonbooter, come-
quently, succeeded in getting away s y. No-
thing was heard of him until a few days ago, when
Hancock. the officer, met him accidentally, in
the Liverpool-road, and recognisel him from the
description of his person, and took him into custody. A
portion of the clothing was found upon his person, and
the duplicates relating to the remainder, which seemed to
have been pledged almost immediately after the prisoner
obtained possession of them, were found in his possession.
A charge of embezzling money belonging to Mr. Bartlett,
a wholesale stationer in the City, in whose service the pri-
soner had formerly been as a town traveller, was also esta-
blished against him.
The prisoner, who merely said that he had been driven
to commit the acts of robbery by poverty, was fully com-
mitted for trial upon all the charges.

MARLBOROUGH-STREET.

William Young, a powerfully-buiß young man, was
charged before Mr Tyrwhitt with assaulting Police-
sergeant William Smith, 1 C, and also with being drunk.
SergeantSmith,l C, said—On Tuesday afternoon, seeing
a crowd of persons assembled in Prince's-street, Regent-
street, I went up to ascertain the cause, and found the
prisoner in a cab, drunk. He was urging the cabman to
drive him, but the cabman refused because the prisoner
was drunk. I told the cabman to ask the prisoner to get
out of the cab, and he did so, but the prisoner refused. I
then told the cabsuan to put the prisoner out of the cab,
and that if the prisoner struck him I would take him into
custody. The cabman got prisoner out of the cab, when
he began abusing the cabman, and as the prisoner was
creating a disturbance, I had to remove bum, when he
became very violent, tried to kick me several times in the
face, and then gave me a blow in the face, and kicked me
in the side and knocked me down. The prisoner had to be
carried by main force at last to the station.
[lt should be stated that Mr. Tyrwhitt received a letter
from Mr. T. Hill, of Addington-square, complaining of
the police holding the prisoner by the hair while taking
him to the station. ]
Mr. Tyrwhitt—How many police were employed
Sergeant Smith—Before we got to the station, seven.
The prisoner kicked and tried to strike amongst the crowd.
I never had a more difficult job in my life than getting the
prisoner to the station. He tried to bite other constables'
legs, and twisted about like an eel, being very drunk.
Mr. Tyrwhitt—Did anybody lay hold of the prisoner's
hair ?
Sergeant Smith—No, sir. It took 20 minutes to get the
prisoner to the station; and being near the Circus ac-
counted for there being so many police near. The prisoner
got hold of the constables' trousers with his teeth, and the
constables had to pull his head away from them.
Mr. Tyrwhitt (to Inspector Bowles)—Did you make any
remarks of an offensive character to the gentleman who
came to the station (Mr. Hill)?
Inspector Bowles—l did not. On the gentleman coming
to the station and complaining of the constables taking
hold of the prisoner by the hair, I asked if they pulled the
man's hair, and they all denied it.
Mr. Tyrwhitt—The writer of the letter says he cannot
attend. It is a pity when people abuse the police they do
not attend. Mr. Hill ought to have had to assist in taking
the man to the station, and not merely to look on.
Wrn. Richardson, 212 C, proved that on the way to the
station the prisoner seized him by the trousers and his
boot with his teeth, and that the constable had to pull his
head away to make him release his hold. He never pulled
the prisoner's hair.
Sergeant Smith—l am suffering a good deal from the
kick on the side.
Other evidence having been given by the police, Mr.
Tyrwhitt asked them all whether they pulled the pri-
soner's hair, and they all denied it, and stated that the
prisoner was very violent.
John Templer, of Maida-hill, said that hail not the ser-
geant interfered with the prisoner be would have gone
away quietly. He saw the constable holding the prisoner
by the hair.
The constable denied this.
Mr. Tyrwhitt—lt is a drunken case, but one attended
with violence. As to persons who make such an unusual
fuss about taking a man like the prisoner—a drunken,
brutal fellow—into custody, it is a pity they do not have
to assist in doing it themselves. It is impossible at times
to help something being done with a man so violent. The
prisoner was evidently a brutal fellow, as the cabman
would have nothing to do with him. He should commit
the prisoner for ten days for the sauna on the sergeant,
and fine him 51. or four days for each of the other assaults.

f3OI.7THVirARK.
Mr. George Wood, a contractor, carrying on business at
No. 1, Dockhead, end James .I?ogers, his carman, were
charged by Mr. Coleman, the secretary of the Royal
Society for the Prevention of Cruelty to Animals—the
latter defendant with working a hone in a deplorable
state, thereby torturing it ; and his master with causing
him to work the horse, well knowing it to be in an unfit
state.

It appeared from the evidence of Sell and Monnery,
officers of the Royal Society for the Prevention of Cruelty
to Animals, that on the afternoon of the 4th instant they
saw the defendant Rogers in charge of a horse and cart ;
and perceiving that the animal was not only lame, but
could hardly keep from falling, they stepped the horse
just as it was about to fall. They found the animal to
tremble very much, and on lifting the saddle they found
several large open wounds, apparently of long standing.
They were indeed frightful to look at. Under the collar
they also discovered another extensive sore, which must
have tortured the poor animal very much every time
it moved with the cart. The horse was totally
blind, and in very poor condition. The fetlocks were very
much swol'en. The officers questioned Rogers. when he
said that he had been using the horse and cart all the day
in drawing sand. They took him into custody and brought
him before Mr. Woolrych at the time, and on nis stating
that his master was acquainted with the condition of the
horse and sent him out, his worship remanded him, and
ordered the present proceedings to be taken against his
master.
Wood, in answer to the charge, said that he did not
think the horse was so bad at the time, or he would not
have sent it out. The sores were old ones, and had
healed up, as he thought, sufficiently to send it out to
work, and assured his worship that it was in very good
condition.
Mr. Woolrych told him that when Rogers was brought
before him he went into the yard at the rear of the court
and examined the animal. He was perfectly satisfied with
the evidence of the officers of the society, and was of
opinion that a gross act of cruelty had been committed in
working the horse in such a state.
Wood here said that he would have the horse killed
directDimr.loY\rio fined him 48s. and
'bolrych told him his cocontet,
ahwasd
Rogersve nh.
and
y bad. He
th.ef
costs.
The fines were paid.

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