The Express.
London, England, 1859-11-17 00:00:00

THURSDAY EVENING, NOVEMBER 17, 1&8.

irwiithtworgel bla iSu IM-soma antes lb. Cow*i
hisg, sit pasmages elm get is—the latter
gas meld. Mr, Cw sot mind. 'Thelma wd down
fora the water and driod these who wore is it
OS to the rocks. Whams was washed in span the
'mks. •we picked pp by: the boatewais's mast sad
' Mimes en time. The semi cassir vent book wink the boot
last tine water as sha i t. Hr was is the after part of the
S
who wham being is batfon part was waited ma to
gni roam As eirebsiry shlg' coma sot ham Hood is
tin water Imeween the dip and the rooks. It world have
ham lingissegis is swim dm*. The distance was about tea
cab. IWitasee was *alai of the surviving wow who saw
not =ln the 11401/1. The dick over the sob .
very muck. 'lt a lbw Ouse water was
lu. Mind think when ths mists fell the 6C:on
leave tuna all swept into gat sea. Was rd tise !Loyal
Charier lora, three ewers During the voysgc before
hot flisr psi a owe gale round the Cape of Good
Amilsall-4)s the swear of the wreck heard the
Wel embus sny at ballast 8 o'clock that there was no
some water is her the aka bad made all the previous day.
Ada 41qtfght Captain Withers was in the sabot *ging(
tiopiemsegsm.
Ti lib. not think nosy people threw thane-
seams labs the water with the view of swimming. Them
ewe several pintas on deck when witness lowered himself
into the water. _

-I,air-ibutUt4uue.

BAIL COURT.—Nov. 16.

Rifts et Niel Priea.—(llo6m.• Mr. ?sada Crompton and

Cousin= Juries.)

TRAM It •IfD WEPI. Y.

Mr. Huddleeton end Mr. leutea appeared for the
plaintiff; Mr. Chambers and Mr. Terre reprimand the
defendant.
The plaintiff, who had for batten" years been etwohmaa
to:the defendant, a bill discounter ef Werwiek.etrest, Regent-
street, sued him for en weak committed es the plaintiff and
his wife wader the followi circumstances.
nfls The plaintiff
occupied some stables belong to the defendant in
and Mary-yard, at a rental of . • week, receiving from the
latter 11. es wages. Ice July last there had been a dispute
between them relative to some rates, end on the 18th, aooord-
to plaintiff's ease, the defendant drove into the yea,
Trash by the throat, kicked him, knocked him down,
and struck his bead against the ground. He else
pushed down Mrs. Trash, whe ran to her husband's aide-
lance, on which • polies-constable, who lodged in the yard,
sad who witnessed the wreak, took the defendant into ane-
tidy. Trash had been under medical advice, sad wee new
mnable to yolk without a stick; the surgeon's bill was Si.
The plaintiff, who was perfectly sober at the time, dueled
that he had used violent Wages's.
The defence war, that the case as premated by the phandff
was grossly exaggerated, and that he wee under notice to
leave for intoxication and misconduct, havbg Wad to obey
his orders, and told the defendant's eon, aged 16, he malt
take the phaeton himself. The boy having told Ile
father, the latter drove round to the yard, when a
man there male filthy noises. The defendant Snead
his stable door faataned, and a policemen lead
him the coachman had left. The defendant, speaking to his
eon in reference to the plaintiff, raid, " The Irma deserver, •
good thrashing." The policenma asked him if he meant
him, to which he replied he did net, bat asked him what be
did then. The policeman need most divesting language,
and threatened to break the diandaat's neck. Defendant
then sew his servant coming down Ike yard, and naked him
for the key of the stable, which be refused in an insolent
manner, and insetted him from thearier. The defendant then
took brad of the plaintiff by the cellar, and pushed him down.
He got up and mutated the defendant, who tripped him tap
easily, as he was so tipsy. He did not strike or kick the de-
fendant, but the policeman took defendant into custody and
took him to the station-house, where he was detained two
hours before bail strived. He wear before the magistrate the
next morning, but no charge was preferred against him. He
had taken no stimulating liquors that day.
Cress-examined—l lend money. It Is not my business, bat
my pleasure and profit. I have been called to the bar and
have been dhbarred upon the grossest (perjury. I have peti-
tioned the judges, but cannot get my petition heard. I was
not excited by the noise in the yard. I was offended. lam
not very mild, and you would trod so if you offended me. I
made a complaint to the commissioners of police about the
constable. Bang toe much engaged to follow It up I left it
in the hands of Sir Richard Mayne.
Re-examined—The charge against me before the beechen
was laying out money at a large interest. It wee referred
by Mr.-Columbine, an attorney.
Captain Cook, and James Cook, the defendant's son, corro-
borated hie account, and swore he did not touch the plaintiff's
wife.

W. H. Smith, collector of custom' at 134anaterb. and
Norden of droits, &c., for the district, described the mid=
of the weal, and the chews which bed tekes place la the
position thee the catastrophe first took place. He never
maw so maple(' a wreck. No prom who had not is.. it
could bawlslievd that the wombat would ham bets so caw
=thealied to pieces. Lame mores of the wrack were
oempletely oa the side of the rocks, and at low water
mimosa could step upon them from the Tooth Some of
the hew them which formed the holiest wore forced under
please of reek, weighing from 7 to 10 lath Them
we baker ithth-weter mark. Hides, eh*, which
kneed a wean of the cargo, wore booed nod/e-
-arth some al the rocks. Wane*. bathed that the
ship Amok theldshipe, with the tide kering, end also
in the Mtge amidships upon a projecting rock. There was
a lifeboat about half a mile to the athward of the rook in
Xmas Bay, but them wee such • tremendose sae muting
that it mold not be moth available that day. No lifeboat
could ham lived war the wreck. Witness did not believe
that them wen they bodies confined among the debris of
the work at menet, bat ha believed that many were am-
bulant mean liege Mesas at a coosidemble depth. There
wee a Moth omega at the sane of the wreck. and divers
employed le maw what wee ptsible. He believed that
the signets of &threw wine art observed by the people co
shore, as tithe mire no hewer ter, and aa the houar of
Moe** village, la ecesswass et es intervening cliff, ware
shut out from the ems el the diseeter.
The court then adjonmod sattl eat thy.

Chambers end Mr. Headlesion having addressed the
jury for their respective thuds,
The learned Judge left it to the jury whether the first as.
sash bad been committed by the plaintiff; and if so, was
there an emits obeerving it would have been better not to
have included Let plaintiff's wife in the set.
The jury, after a abort deliberation, gave a verdict for the
plaintiff, with W. 6a. damages for the wrath on the mobs
plaintiff, and 61. for the assault on his wife.

COURT OF COMMON PLRAL—Nov'I6.

Sittings in NW Prins in Middlires.—(Betorn Mr. Jnutio,
Willa and • Common Jury.)

DALLIIIOII e. 00ILVIE.—A 7•111. LT DIBPVTE.
The plaintiff Is the son of a publican in the West of Eng-
land, and the defendant is a medical man, who attended the
plaintiff's father la • lea illnme which preceded his death,
and antwegenttly the widow. Ten or eleven years
after the marriage the grilse @operated, and lived apart
until the wife died, la April, 1848.
The present action was to recover damages for false im-
prisonment, the plaintiff having been given in charge by the
defendant for following and annoying him in the publics
AWOL The plaintiff's case was that the defendant owed him
1331. for board and lodging for his mother whilst she was
living away from the defendant, and that he had applied for
payment many times, but bed sot succeeded in obtaining
mare than about 64, and that in small sums. On the ami-
d= when he was gives in charge he met the defendant, but
be bad not intended to call on him.

Ia crom-exeminetion the plaintiff admitted that he had
written a number of letters to the defendant asking for small
ewe in charity, and sometimes eapreeeing a hope that he
should be able to repay the amount. The pinntirs claim
for 1351. waa in existence when these letters were written.

The main points of the defendant'• cue were that there
was no pretence for saying that he wee indebted to the
plaintiff and though he had paid the plaintiff 201. or 301. in
sm►ll sum, the money had been given solely in charit7. ha
to the giving in Charge, it wee said that the plaintiff had
been in the habit of following the defendant oonatantly, "
a ghat or a shadow."
In addition to the count for false Imprisonment, there WY
•Imo e claim for • sum of money said to be due.

The jury, after ootteldering the matter for half.an-hour,
found a vardlot for the defendant ea to the money comet ;
and as to the false impriamment for the plauttiff—de,
magas, s'.
His lordship took time to consider whether he should cer-
tify for costa.
The foreman said It wee the intention of the jury to give
costs.

COURT OF EXCHEQUER.—Nov. 16.

Sittings at Nni Prior—(Bekas Mr. Baron Marna sad
Comma Judas.)
MAXIM V. DIONAX.-PALSI IItPIISONWENT.

This was an action to renown demagog for an &malt and
false imprisonment. The defendant pleaded not guilty, and
that a felony having been committed be had remiss/A and
probable canoe for giving the plaintiff into custody.
Mr. Kenealey appeared for the plaintiff, end Mr. Hayti=
for the defendant. . . . .

The plaintiff wan a 'fervent in the 'orrice of the defendant,
a stationer, living in Upper Holloway. On the 14th of
June last a dressing-are, the property of klieg Woodbridge,
Mrs. Dignities sister, was mimed, and, according to plebe
tiff 's evidence, the defendant, without cause for sus-
picion, gave her into custody. She was taken
to the police-stet imt at Highgate.bill, where ebe
wad searched and locked up in a oell all night, the
defendant having signed the charge sheet. The following
morning the was taken before the magistrate, who. having'
heard the evidence of Mr. Dignam and the constable, die-
charged her. She had since got another place, Mrs. Dignam
having given her a good character.
The defence was that the act of giving the plaintiff into
custody was that of Miss Woodbridge, and not of the de-
' fondant, and that if it were be bad reasonable and probable
cause for suspecting her of the robbery, shbough after the
investigation before the magistrate he felt bound to withdraw
all imputation on her.
Mr. Baron Martin, in summing up, told the jury that if
they thought the defendant had given the plaintiff into we-
edy without reeeonsble or probable cause, they moat find
for the plaintiff, with such reasonable damages as would com-
pensate her for the injury.
The jury found fur the plaintiff—damages 201.

COURT OF PRORATE AN!) DIVORCE.
Nov. 16.
(Before the Judge Ordinary.)

LASE O. COLLETT.

In title ease Sir C. Cromwell, on the motion of
Kr. Pritchard, directed an attaohment to Moue against the
defendant, for haying neglected to obey the order of the court.

HOOPER V. ROOM.

Thia was a snit arising out of matrimonial differences be-
tersea the petitioner, the wife of an eminent London solici-
tor. end her husband. The case had stood fur trial before
special jury, but at the last moment the record was with-
drawn, the respondent conaenting to continue the payment
of 2604 a-year, which the court had awarded se alimony
pendent. lite, and an additional 601. per enanni. It ap-
peared, however, that no progress had been made in the way
of settling the deed of separation; and the case having been
mentioned in court by Mr. MiQueen and Mr. Montague
Smith, Q.C., art arrangement was come to by which it was
' agreed that the deed should be drawn up by the 20th of
December.

COURT OF BANKRUPTCY.—Nov. 16.
(adore Mr. Commissioner Foublanque.)
IA YE CAREW.-81110CLAZ CASE.

M Wt. Rudy, the actury of the Load= Agawam!. Com-
pay, sad ke waa *aka that the punt value of this
wronAceary Warm( vas 600 plume. Thia wu the chief
amp what he had to caw ha median.

The ComMismooerlllsdtb7be7nirupt any right to
consider this reversion se an melt, or was It only created by
the net of parliament ?
Kr. Lewis said that be had the right hero but It bad
teen confirmed by the act of parliament, Colonel Waugh
wee the Aapfstber of the beakW, sad hie guardian ; and
under theme circularities. It was not matter of surprise that
Mr. Crew bed bean indexed to mot eider his guiders, sad
to put hie name to Lure quieting& of paper, in many cases
bist he was of ago
The Coanniesioner—l thiak, onasidering theism.) of time,
the youth of the bankrupt when be foil into this snare, and
the well known faculty of hie tempter, that it is time
dismiss him from farther attendant* on the court,
Opecially as Do possible good as. arise to his creditors from
keeping him hen any longer. I am afraid that as as
example the ore will be of no value ; young men will jar do
the same henceforth sad In secula soculomn, notwith-
reading whatever may be said by courts of bankruptcy.
The bankrupt may take an ininsediate ceroficste of the third
cfirs.

The bankrupt was an ironfounder, of West Smithfield.
This was the adjourned examloation meeting. The *comas
bees already appeared. There have been several adjourn-
ments, owing to the imperfect nature of the accounts.
Mr. Tippets, for the assignees, opposed. In the addi-
tional accounts rendered items bed been repotted to the
nmestmt of 4431, and items of upwards of 6001. entered on the
wrong side. Then were numerous &agora payable to
"self," obi& the bankrupt had not accounted for. The
counterfoils gam no information; many of them bad nothing
at all on them. Of those °begone no less than 1,1001. had
keen drawn in 1868. The assignees asked for an adjourn-
ment mine die.
Mr. Norton also opposed for crelitorr, and pointed out
father imocuraclem in the accouute.
Mr. Lawranos, for the bankrupt, urged that the inaccura-
cies were email compared with the total amount of cash,
41,0001., which bad passed through the bankrupt's hands.
Mr. Bean assistant to Mr. Cooper, the accountant, de-
posed that the bogs were eo imperfect that it would be Im-
possible to reader satisfactory accounts. He had been
employed on them since February, and was maenad that
there was se attempt at concealment of property.
Mr. Norton and Mr. Lewis having addressed the court on
behalf of their respeotin clients,
The Ostaminionsr, acquitting the bankrupt of any tondo-
lent inset, allowed him to yen.

INSOLVENT DEBTORS COURT.—Nov. 16.
(Beim Yr. Contakelow Marphy.)
us 11 TgOltAll WOMB ADAIIII.-ALLNIED LIMAS OP THE

PROTICTION ACT.

This Insolvent did not appear to be heard. He applied
_der the Protection Act, sad obtained his discharge on the
14th September. He bad pettttord r • non-trader owing
upwards of 1001., and it woo now alleged that he wee a
trader, and bad improperly got his discharge.
Mr. Reed opposed for Mr. Algernon Sidney, an attorney,
and complained that the insolvent had obtained his dis-
charge. His client was a creditor to 4801., and the money
was advanced to complete some buildings, the insolvent being
at the time a builder. The insolvent was lost eight of for
sonte_rers and then arrested, on which he petitioned tinder
the PfetAdiiell Act and had been liberated, and, as was
emoted, he had not appeared before the court.
Commissioner Murphy said the petition must be
dlokiowd, ea the debt' exceeded 3001., and the insolvent woo
a trader.
__ _ .

Yr. geed suggested that u there ma some action as to
P perhaps the petition had better. be retained.
iCtloart thought not, an the debts exceeded 3004 end
there was no jurisdiction. This case showed the maw in
which eases war prepared for the court.
The petition woe dismiassel.

BOW COUNTY COURT.—Nov. 16.
(Bdon J. B. Diana, BK.)

This was the first day on which Mr. Desist sat upon his
appointment es judge, Mr. Serjeant Storks, the late judge,
having resigned.
Mr. Dillon Webb said he wished at that early stage of the
proceeding., on the part of the gentlemen who practised in
that court, to congratulate hie Honour on his appointment ea
judge. It was greatly to be desired that a friendly feeling
should exist between the judge end the advocates, and he
(Mr. Webb) felt cure from his Elonoitr's antecedents that the
praraltlonees in his court would meet with every peeper
aeletance. The learned gentleman added—For myself,
I may most unaffectedly asy, and I am mire I
am bat speaking the sentiments of all my brethren, that
it will be se well our plume se our duty cheerfully to
comply with any regulations which you may think fit to
mace for the proper conduct of the proceedings in your court,
aid it will he oar most anxious desire to render you such 's-
almon as we ern, so a. to enable you to carry on the host-
was of the court with pleasure to yourself and satisfaction to
the suitor.

Mr. Webb then applied to his Honour to know whether it
we. his wish that the solicitors, acting se advocates, should
robed, Mr. Serjemt Storks kith; made an ceder that
Zshould wear professional costume.
Homour.—With reference to the latter pert of your ob-
servatioaa, Mr. Webb, so far sa any wish of raise may be
eansidend law, I certainly desire the gentlemen who sot as
edelweiss in soy court to appear fa their robes. I shall
umboao order upon the subject, as It might be inciouvenlent
to geatlemem coming from a distaste., but I think It very
Important, more especially in the Metropolitan County
Coasts, that suitors should be able to ascertain at a gleam
three gentlemen who are legally entitled to appear.
Wide reheume to the kind obeervatioDe you have ad-
dressed penenally to me, I thank you very sincerely. I
ham given my time to the suitors who appear before me,
and Ism sure I shall receive all possible resistance from
and the other penmen who practise in this court
ralfaideavour properly to administer justice. I have
mad* many friend/ in the north, which I have just left ; 1
bops to make many more in the worth, to which I have just
come. His honour ooncluded • very feeling reply by az-
hie mom of the :spirit which had dictated the ad-
dress him, and his earmet desire that matters might pie-
ced in future to the oalloitolioa of all.

THE ALLEGED CASE OP FRAUD ST BIRMINGHAM
BANILIMPTS.—Edward flananel Franklin and HOLM Mit
of Birmingham, cloth cap manufacturers, bankrupts, charged
with obtaining a quantity of goods from Messer. Brett, of
London, under false pretences, and with diverting of the
same within three months of their bankruptcy, were, on
Tuesday, again brought before Mr. Eisner&lay, stipm
-
diary magistrate, sad again remanded fora week. They
were admitted to bail la two sureties each of 601.
DESPERATE ENCOUNTER WITH A CONVICT.—
On Monday, Mr. Raynor, the chief warder of the New
Bailey Prison, Manchester, conveyed a prisoner, named Juan
Genie, who was under sentence of traneportation for eight
years from Safford to the Wakefield House of Correction.
They proceeded by the 12 30 train, and, when under one cd
the tunnels, the prisoner a pee erful man, made a desperate
attack oa the officer. Although ironed, the primmer contrived
to kick, and bite, and struggle with such violence as to place
Raynor in a very dangerous position. On erriviog at a stati
Reynor appealed to the guard for assistance ; but the appeal
wee disregarded, and he had to continue his journey
unprotected against Ids desperate and undesirable com-
panion, who only relaxed is ferocity from sheer ex-
stion, and was at length safely lodged at hie destination.
THE LATE FIRE AT TUE CASTLE HOWARD HE-
PORNATOZT.-012 Monday, a lad about 16 years of age, en
Wrested the Reformatory, were charged before the magistrates
at Melton with having set flea to the stacks, burnt at the late
Erns The lad acknowledges having committed the act when
the labour master was but a few yards distant, and that he
afterwards helped to pump the engines to quench the fire.
He was remanded until Saturday, for time to communicate
with the government respecting the case.
INCENDIARY FIRES IN CAMBRIDGESHIRE.—
arterol stacks of grain have been consumed at Willingham,
in Cambridgeshire, by a fire supposed to have been the work
den incendiary, and a reward of 1201. ham been offered for
the apprehension of the guilty party. Several fires, also
'append to have been wilfully occasioned, have taken place
at Stretham, in the Isle of Ely, and a reward of 601. has been
offered with the same object as in the former Imam
FIVE MEN NEARLY SUFFOCATED. About three
o'clock on Monday morning the engineer of the steamer
Ruby. plying between Greenock and Helensburgh, while
lying inside of the steam-boat quay, was awoke by loud snort-
ing, proceeding from the forecastle, from which ha was only
*operated by a thin wooden partition. He got up tome what
was the matter, and after entering the berth where the five
men were sleeping, he proceeded to shake the one who wee
making mast noise—all of them groaning more or less heavily.
He failed to aroma the first msn,and trying the others he was
alike unencoeseful. Getting alarmed, he opened the port.
holes, and, being a powerful man, he dragged them severally
up the Maim and laid them upon the deck, in an apparently
insensible state, two of them being stiff from spasmodic mus-
cular contraction. He then ran for asatetaroe, and on return-

The bankrupt, Benjamin Francis Hallowell Carew, was ingwithiDr.LocbearKthemenhad allsomewhatrecovered. They
described as a cab proprietor, of Lisson-grove. The bank- now chiefly complained of headache, giddiness, sleepiness
!Tufty occurred a year and a half ago. On the accounts unpleuant trate in the mouth, arid one or two vomited. The
being filed it appeared that the trading bad been merely one who had slept nearest the door was least affected ; but be,
erdourable, the bankrupt having been espied in large bill though quite conscious all along, and aware of his and his
trans coons with Colonel Waugh, late of the Eastern Bank- comrades' danger, was totally unable to bailie himself or give
log Corporation. He owes to creditors, secured and nue- any alum. It appears that wore going to bed they had fa.
cured, 33221 ; there are also liabilities of 68,6401., consisting considerately closest every aperture by which e breath of air
wholly of licooPhohoos lo Colonel Waoffh's drafts, end drafts could be admitted. sad • fire beteg left burning in the Move
on the colonel which are held by the Oriental Bank and the In the middle of the apartment exhaustion must soon have
Eutern Bank. In explanation the bankrupt stated that, supseeeasd,
having unlimited confidence in Colonel Waugh, be, at the SANITARY PEEECAUTIONB.—The Board of G nardiana
colonel's request. put his mu° to various papers and °lbw el the Greenwich Union have adopted a resolution which It
document* for Waugh's accommodation; but that he bad fe hoped other unions will also adopt. At • recent meeting,
kept no account of the particulars. The colonel had allowed
2,00D1. • year while he remained in England. the Rey. Dr. Carlisle, of Woolwich, called the attention of
hiss the board to the injustice, and probable injury, to the public
At the oartificate sitting, in October, 18.58, an adjournment by the prespresente. prevalent practice of employing public abs
el twelve months was ordered, to give the bankrupt an op- for the conveyance to London hospitals of persons infected
periunity of arrangiog with some of the creditor', with smallpox, fever, and slender diseases. He proposed
Mr. C. B. Lewis, on behalf of the bankrupt, now renewed that the geetdune should have a conveyance of their own.
his application for a certificate. There was no longer any The motion wan unatilmonely tarrlad ; and from this time
wattles on the of the assignees. the guardissa of this large union will have a conveyance of
Mr. El , for the assignees, said this was the ere. their... for this puma.* This example is a good one, and
Mr. stated that abate the tee• wee 1" bee" the It is hoped will be followed by the guardians of other 11;1i012111
coat • private set of parliament had been passel, salted tie sot roymes.
Onsisw Lot, under which the bankrupt wee entitled to the ,
Otkiwtertimbeit.)—EPPS'B (HOMOEOPATHIC CHI,
minion of property at Beddiagtoo, in Surrey, of the value *ow bytse wiwkw
ed 2,5001. • year, under/eat on the death of his elder brother, 10.pre. and ilb, owlet. irk Basks
arm aged thirty, without Imo. •ow hod been sabattliart Smaaapith.la elegant. Losidis."