The Express.
London, England, 1858-02-12 00:00:00

THE EXPRESS. FRIDAY EVENING, FEBRUARY 12, 1858.

3XI24ORDLY4E7 CRAWS 4041N11T 4 AILIB-
- CLEIGIAIUN 47D HIS Wl7l.

Yesterday (Thursda)) the Rev. 8. Smith, M.A.,
and hie wib wore main pboad at the bar at the Lawford's-
gate Petty emus, war BiLOol, charged with felcolouely
wounding with intent to saer Mr. John 1...^a, of
=on. The room was crowded throughout the exami-
Kr. Otreford, solicitor, of Berkeley appeared for the oom-
pidteM, and Kr. Stone, barrieter, derided the
Mr. Oar4ord, after open. the wee, called
Mr. John Leech, the co He deposed—l lire at
is tile parish of Croydon, awl am a contractor. 1
breghtslin. essith, her Cluiellsw tame Is Sarah. 1 [lest te-
ems segristed with has err the ad of Dosember, 1848.
Ilhe we Ira urrork art kr cars sr Sarah Mills. I
Wal thenperler it ewes sod lidoWs is PlocadiUy, London.
grab BM are then r She was there
shat it. year sad • halt, and the seat into a situatim
Tothwhensemt mei 1 visited bur there, and first saw
Mr. Sul& who pang ire Ise her. Some few months
altar 1 law bin we etweiniewee treed. lt wee on a Good
Perkin, in 1849, tiles I am Me, and my aormaintance
wes beat the ibleurts Chelsbra Alert two years after
ens married. My wile died he Mash, 1861. Gn the
tar Deanery, 1866, I rescind the War produced, addressed
Mr. I. Lea* an. 1 meet maw to the hand-wridieg.
It is • goal it is sot Mr Smith's
Vr..al rinsed a wish that this letter should be
read, sad the secret then Morsel to him. The
leverr, retard to ads* Ye how sue* ea :=lllll
its ban mama le the depellens. A MUM Aware=
eserd, whisk medal is the liter bag read , it was es hol-
lows:

" Jan. 23, Mt
"Yy Ime Primal,—As I am now lir* let the country,
far Ilitiedel, a willow with three children, my liedebreil
Indeed ism mom belly towards the last, and has UR zee •
Mewl panda 11 you have sot begotten your mumble
mob ne me Irby' we met and quad • day and sight together
by lb* esarile in 1849, I should ha to me you awe more,
It yea are net swaged. Write to 8.11., we of Mr. Lasbury
henimar, Perk-street, Bristol, to day if you ma come, sad I
will mdb spilt to tall you where to meet ms.—l remain,
pada admeely, "8. "

Szaininatioii ocatinued—l answared that lanai: I re-
ceived another letter aubargeently. dated January 28. I
toiarre 11 to be in the hand-writing et Urn Smith. It wee
as follows . _ _

—.;ii-yr;vra dement Priond,—flavhig come into Bristol to-
day with my friend Mrs. laws, with whom Ism now living
at a forni-hotue in the country, I am pleased to bad a letter
Sir me from you, as I bared not having heard from you for
snob a long time, that yen might be gone from your old
home to some more distant part of the °pantry. It being
market day, 1 came In, as I often do, to bay a few things for
my dear little children, sad I shall be coming in to Bristol
again on Sunday, 31st, with my friend, and shall be return-
ing again by the eve minutes before 7 o'clock train
by eirielf to Wapley, where I live, and if you
still care for me as you say, I shall be glad to meet you
at the Bristol and Birmingham platform at a quarter to 7,
and then you will soe with your own eyes that I am your own
dear old friend 13•AITtahaeni yen can COD* on with me and stop
in the village all and we eau talk over matters toge-
ther, and if you In be honourable to nu, I shall be
very glad to ems yen, sad is be yours for ever ; but mind
awe mud he lIIMMIE tuirprepsa I was sorry to bow your
poor mast was dead; and none so Ellen. I =ppm you
=nisi kw. I think you might have seen by the circum-
@tames I =mama ismy last note that it could be no
caw Am obi sad @Weirs Mend Sally; therefore I
shallsubeml a muff as Wm, " S. M."
"Sams satires.

• P.S. nom writ illemedy ea receipt of this, and get it
poebii k Lambe ea My sight if you can, se I shall call
for the istkar se I g • through aSunday morning.
" Good bye hr punt.
" Miele den net mob yea la time to WI ite ago* eons
the burley Mewing, Ireb. 7, or fix nom other time, and
I wOl estleaveur b meet yea"
Examination resnmod—l replied to that letter. I received
another letter, in An same hand, as follows :

" Jan. 31.
" Dear John,—l wee glad to receive your kind letter this '
mooing, though I must say I was disappointed you did lot
emu to-day. I long to hear the romancing stories you hays
to WU me, and to talk to you about our future prospects. I
have net mina tims to write to-day, so shall only say that I
wishaa z very much to come by the 1 o'clock train from
on next Wednesday, Feb. 3. It gets here at half-
peat flu, and I will meet you at a quarter before seven at the
Bristol sad Birmingham Station, as I said before. The
trait= co Sunday will be ill-convenient, and they may be
altered in Fahroary, so you must inquire about that, and,
besides, nut Sunday ell the lassos will be at home ; but on
Wednesday nest they will drive into the Chats, and won't
be back In the country before twelve. lan come with them
and retorn by the same train I told you of, and we cen lam
• chat to ourselves over all we have gone through since we
last met. If you wish, you can get something at the hotel
by the station. Dear JAl:tote you don't say anything about
marriage, and ou know we have had a great many troubles
before, I should be glad if you would bring all my lettere
with you, and we will at coos settle it one way or the other.
Yours, ever affeetiouteln S. M., in hafts."
I replied to that aleo. In consequence of those letters I
came to the Bristol and Birmingham station in Bristol
about 20 minutes before 7in the evening on the 3rd inst. I
had with me • mull Feral of wieriag apparel, and • silk
umbrella. After wining thin a few minutes I saw • gentle-
man go into the waitmg-room, ad I thought how like he
was to Mr. Smith. A minuet Mho I saw Mrs. Smith
coming up the stain, deemed la widows' weeds. I went
part of the way down sod ma her. I shook hands, sad
uked bow long Mr. Smith bed been deed. She replied,
Six weeks." I said it was very etrsaga,kr I bad seen a
person go into the waiting-roam just hks hint. She mid,
How amid you think that I He has been dead six weds."
Mrs. Smith was droned in • dark grey shawl, a text dress,
• black bonnet with white strings hanging down ; her her
was open, as that any ous might have semi bee. I asked
where she was going to. She said, "To Tate statism." I
got two first-clues delete for Yale. I left her on thetit.
km for about Ilve minutes. We went to Yam v
we got thane I wee going out the same way I saw others
going. I parsed through the gate, when Mrs. Smith said
she wished to go by the is her friend Mr. Issue
was coming to meet bar, in cue did not come by the train
se was expected. We west to find the gate or steps Lading
to the common, but It was so dark we could not Bud it. Mr.
Suffolk. the station-master, came to us with a light, and mid
it would be impossible to moss the common on so dirk •
night. I proposed going by the road, or having some
conveyance. M. Smith mid abe should know the way
smogs the common when she found the hedge, sod she
wished to go that way. Mr. Suffolk lighted as ON to the
common. I west about 160 yards, as near as I could judge,
but we meld not had the hedge. I said we had better re-
tina and go by the reed. She made no reply, but called
out "We are lost." I we. at that time feeling with my um-
been& he the hedge. Mni. Smith might have been three
yard. from ass when she mid "We are loot." A man's
voice replied, "I am 100, too." I tamed round in the di-
rection of the wand, and thought 1 saw the shadow of
some car approaclung. I then received • heavy blow on
the bath of my bead. I turned round, and saw • man, with
• Wedges. about 12 or 16 in. long, and of • light colour.
It was too dark for me to recognise the man.
I noshed three or four Slows ou the head from
As mate weapon. I closed with the man, wining him by
the miller CM my left hand, and bolding his kit wrist with
my right bend. I threw him and fell upon him. I held his
left arm out quite straight and hall his head down. In his
lilt band I saw something which I supposed to be the
bludgeon be bad struck me with. I called oat, " Help," and
" Murder." I did not see Mrs. Smith at this tiine. 'woof
the railway men came to my help. One of them took to.
Lid the person who attacked me. 1 found I could not stand
and bee td be supported. A light was brought, and I then
recognised the man who =roe me as the sure person I had
wen in the waiting room at Bristol. lam not able to swear
to Mr. Smith as being tles mum who strack me. I said,
" Stop that person, he has nearly =unfired me." No one
attempted to do so. I saw him go acmes to Mrs. Smith,
and they both went off together. I lost the paroel I had
with as when I fell, and my umbrella. I have since seen
the contents et that parcel in the hands of police-coutable
Windmill.

The complainant was briefly craw-eumined by Mr.
Stone, but Ina evidence was not affected. Ile denied that he
had corresponded with the female prisoner atter knowing her
to be a minded woman.

Mr. Suffolk, sluice-master at Yale, produced a capped
and loaded La-barrelled revolver,. which had been found ea
the scene of the soak the tollowmg morning.
Cherie* Heaven, one of the parties mentioned, stated that
as his attempting to follow /dr. Smith, the latter said :
"The bet MILD that molests ma, I'll blow his brains out ;
aced that Mr. end Mrs. Smith then walked off towards Wee-
terleigh.
Henry Tilley, porter at the Yale railway station, gave
cenatlnuatory evidence.
John Beck, cad merchant, of Yeta, produced some articles
of widow's spiwwwl, latch had ken found by boo on the
sera of the swesals.

A girl nsinsel beemsaid in the merrier, of the
Raw. 8. ilmdtk Mat en the 3rd her mete. end min
trees took Ise mesa* chestMo'clock and appeared to Ds
on the ant hinny terms. A link before sin o'clock larer
mistress MGM up stain, and shortly afterwards both Kr.
end M. Smith Whit out, hat whether they went together or
net witless meld not tell. They returned about one ticket
the smizt ineueleg, and were on the mine friendly term as
when they
hawed Dassall, of the Glouceitershirs County Cower
*ha eispessd that on the 4th, in company with Ye* sad
W of ths Brigtol force, be went to Mr. thedeles
hewn at Clifton, sad apprehended him on • charge of
swank with intent to murder sad highway robbery. Mr.
gwa, sew the sergeant for his authority, and he said he
had no warrant. bat apprehended him on auepiotost. Mr.
elmith then egad peelehnion to go upstairs and change hie
coat, which wail granted, the *Bose following. Wldieie
the bedroom' Smith celled hie will, who was takes into our on the sues dome- He sad to her, "Madge*
questions they sat you, min as nerdy." liothaCru
ems taken to Masi mak* Milk* sod the
lea end sr railed the
. baseis,_whas a parcel ins thier:ll
wjraporehale wee prodeseed, Mew
11=
lested"vitnelle. else B
rt."
fun%
"and"
16
Ms. P. D. Loma, sairgee* of Clitypt Soibnry. deposed
Oat he errWiwi In to attend Mr. h on the 3rd, sad
I hung I.sullering hem two scalp wounds, cos in the front,

the oilier at the back of the head ; the wound at the back
was two inches and a half in length, aad extended in
to the membranes of the skull. The front was of ••
character, but not so extensive, being onlcungerosinah in
Witness did not consider those wounds us to ittn,lM
thought if they had not been speedily attended to wysif
might have supervened, and fatal results followed.
were apparently Indicted by heavy blows with a stick.
Gellard Lock, • pupil at Mr. Smith's school, proved that
on the 23rd of January he was Ina:ratted by Mr. Smith to go
to Mr. Lasbury, in Park-street. Had a cord given him with
the " EI.M. "on it. This card he woe told to give to
Mr. Lastrary, and tell hint that if any letters came there so
directed they were for Mr. Smith. Witness called again •
day or two afterwards, but there were no letters there then.
He called • snood time, and found two—one directed
" 8.N." and the other " M.S." Took both letters, and
Mid Kr. laslany that if either was wrong it should be
brought back. Gave the letters to Mrs. Smith. She detainal
the one direded 8.31 ;" the other was returned.
street,
Robert Neville, waistant to Mr. Gibbs, gunsmith, Corn-
Brietol, deposed that on the 29th of January, Mr.
Smith came to his metes shop about eight o'clock in the
=dux, sad asked to look at lame pistols. He was shown
but did not buy any, and said be would call again.
Oa the fted atFehroary, about seven in the evening, he came
arida, end perehaisd • six-barrelled revolver, which, at his
=etwhales loaded with six balls, but did not cap it. He
• reesipt, and on the assistant inquiring in what
Nome the weetat should be made out, the prisoner gave the
nese of Man. Noticing his clerical appssnaa,
asked whettwr he should say the Rev. Mr. Hicks. The pri-
soner replied " Oh, no." The account was then made out to
Mats, Esq." The pistol produced was the one sold,
and was In the wine condition as then,with the exception that
it was new
This being the whole of the widows. Mr. Stone 'dotard
that an assault of an &named ammo had been committed
by Mr. Smith, but owitswilsil awl lib wife, having been
coerced, and acting under then dun sit liar husband, was not
amenable.
The mamantes, however, ensidered both prisoners
equally liable, and committed Ana on • charge of felonious
maiming.
Bail was relate&

tab, Intelligtnce.

COURT OF QUEEN'S BENCH.-FEB. 11.

(Oltdap at Niai Prim—Habra Lard Carapbsil and a
Special hay.)
THI 40311 N V. 134117,0210.

The farther hearing of this case was resumed.
Yr. M. Chambers, for the defendant, intimated that he
did not intend to call any le ,theame.
Mr. B. James chimed a right to sum up the evidence for
the plaintiff.
Lord Campbell said as this was a prosecution, it (lid not
come within the provisions of the Common Law Procedure
Act. _ _

Mr. M. Chambers then proceeded to address the jury. He
meld that the owe attempted to be made out against the
lady, the subject of this inquiry, wee baited only on opinion
and conjecture, founded on various erroneous it Aeruents and
kise mega. If these were to be depemded on in a coy! tof
justice, no pawn would be safe from beteg placed under
restraint. Was this hoar be contlentned to inearrnation on
an unjustifiable of • few medical men?
The question for was whether at the time of
taking the Inquisition this lady was end still is of unsound
mind and not sufficient for the government of herself and her
property. He submitted there was no evidence that she wee
of unsound mind. What was went by being of unsound
mind? They must not give It too large • meaning ; if they
did, hard) any individual of vicious or culpable haNts but
might be brought within it. Dr. Connolly had told them
this lady was =one because she had no control over her
appetite or pagans. That definition would hit every vicious
or foolish person who having the means of indulging his par
sloes should do so to his own destruction. This wee a most
extraordinary cams. Not a single witness bad been called
who had an opportunity of seeing the lady when she had the
uncontrolled management of herself and her affairs to tell
them how far she was then capable of directing them. He
admitted she was unable to control herself with regard to her
pardon for drink, but that was not madmen. If it was, how
many persons would fall within the definition. They would
have an opportunity of seeing the lady and judging of her for
themselves.

lewd Campbell wished to know whether there was my
Mr.Zfor such a course on the trial of a traverse ?
. Chambers referred to the case of " The Queen v.
Roberts" (Strange's Iteporm). He proposed that hie lord-
ship and the jay should sae Mrs. Armstrong in private.
Lord Campbell said it was derivable that the Jury should
have the same means of judging for themselves as dee Jury
on the inquisition. Of course she could not be sworn, nor
examined to contradict the evidence for the prosecution.
Mr. M. Chambers then proceeded. He said that the case
had been mis-stated to the jury. Mr. Armstrong had been
represented as an affectionate husband, deeply attached to
bin wile. It now smeared that he had been separated from
her for many years, mid by her father's will it was especially
directed that be should have no control over her person or
her fortune. That showed what Mr. Martmery's opinion of
him was. What wee the history of Mrs. Armstrong P She
had been reared as a spoiled child, end indulged in every
impact. After her marriage, she lived in the greatest har-
mony with her father and mother. The first shock she re-
ceived was from the death of her son. It appeared
that she then began to indulge in the use of in-
toxicating drinks. In 1848 some scenes took place
between herself and her father which had not been
clearly explained. After that she removed to High Beech
Asylum. From that period she was relieved from control
from time to time, yet not a single witness had been called
who bad seen her during those interval.. They bad heard
the opinion of many medical men, but only two witnesses
spoke to ea facts ; those were the girl Emma Hayes and
the wetter 1 Wsa it an unreasonable act on the part
of Mrs. Armstrong to dismiss a servant because she intro-
duced ;enema Into the house P A good deal had been mid
about Mr. Shaw, but no explanation bad been given of how
long she had known him, or of what connexion there had
been between him and her father. Let the jury ask Mrs.
Armstrong. The learned counsel then went through the
evidence in detail, end contended that every fact deposed to
proved Mrs. Armstrong's perfect competency, except that
she wee unable to control her propensity for drink;
that mho was the sole hot on which these medi-
al as based their certificates. Anything else in
the ors was founded on rumour. The conduct of the trus-
tees in paying the full amount of her annuity when they had
entire &eared= to retain any portion they pleased wee •
proof that they considered her to be capable of managing
her *Airs. Everyfriend and protector had fallen away from
her, sad it was the duty of the jury, as her promoters, now
to say that the allegation was " not proven,' and not to de-
' Hair her up to the conclave of doctors, whose wish it wan to
prove something to establish their certificates. Let the trus-
ter do their ; let them act kindly, firmly if they chime,
towards her, and there would be no necessity for any com-
mission. A verdict against this lady world consign her to
incarceration for Hie. With • fro conviction that she was not
teams, he left her interests and happiness in their hands,
and he was quite aura they were safe.
Lord Campbell said the question for the jury was, whether
at the time of taking the inquisition Mrs. Armstrong was of
unsound mind so as not to be sufficient for the government of
Innen and her property. Although the commindoner had
found is the affirmative, yet they were not bound thereby ;
and it was the duty of the prosecution to lay before them
sock evidence ea would satisfy their minds. He agreed with
the law as laid down by comma, that mere intern canoe and
immoral habits would not constitute insanity ; but if those
habits were to be carried to such an extent as to render a
person incapable of self.oontrol, the law pointed out the
means to be adopted for his protection. Several medical men
had given their opinion as to the lady's state of mind, and
many facts had been proved to show her incapacity, and it
was Arame that no witnesses lied been called to establish
the contrary, nor had any medical man been produced who
pronounced a different opinion, although the matter mast of
necessity have been invenigated, and some opinion taken. He
would call tie attention of the jury to the moss material parts
of the evidence, and then leave them to form their own con-
clusion. His lordship then went through the evidence, and
after expressing his surprise that none bad been given for
the defendant, left it to the jury to my whether the prose-
cution had made out to their satiataction that this lady weed
unsound mind.

Lord Campbell and the jury then withdrew for the purpose
of having an interview with Mrs. Armstrong. His lordship
returned in about 10 minutes. The Jury then retired to
their room ; they were absent for about en boar, and on their
return _ .

—The Foreman lasted they found that Kra. Arsestroag um,
mad is, incapable of taking care of her property.
Lord Campbell said it was necessary that they should find
fa the words of the issue.
The Foreman saiditen of the jury thought ha of very un-

Lord Campbell said they had better retire again.
The jury then withdrew, and after the lapse of about en
hour, cams back.
The Foreman stated they found " That at the time of
taking the inquisition Mrs. Armstrong wee a person of tut-
mond mind, so that she was not sufficient for the government
herself and property?'
Lord Campbell mid he thought that finding sufficient to
support the inquisition, but be would further aek them whe-
ther they believed she still continued in that state.
The Forerun said ten of them considered that she war.

reedeampbell shouldreqnTeCtiim to retire again. He
reminded them that by the evidence she still continued in
the mine state.

A Juror said the two were influenced by the personal In-
terview with the lady.
Lord Campbell said that a personal interview was useful
IR enabling the jury to form an amnion, but it ought not to
outweigh the 'motive evidence.
The jury then withdrew for the third time. They were
absent for only a short time. On their return.
The Foreman stated ten of jury believed Mrs. Armstrong
now was of unsound mind. Two thought she wee not now of
unsound mind, but believed her to be incapable of managing
bee property on account of her habitual drunkenness.
Lord Campbell said he would take the finding and leave
the legal effect cl it for future oonaidsration.
The jury were then discharged.
COURT OF BANKRUPTCY.—FEB. 11.
(Bei= Mr. Commissioner Fane.)
TWI WINIT MAX DIATILLEHY COMPANY (Enliven.)

A ped for the winding up of this company was pro-
moted some time ago, but the consideration was adjourned
until this day.
Mr. lilmabe, for the petitioner, stated that negotiations had
been entered into with the creditor., but to no effect. He
therefore asked that the order should be made.
Mr. Norton, tepreeetting a creditor and • shareholder,
oonsented to the order being made.
The Commissioner—Then if no one oppctee, the order will
be made as • matter of course.
Mr. Tucker, on behalf of an execution creditor, asked for
the direction of the omit as to the proceeds of the levy,
sow in the hands of the Sheriff ; but his Honour declined to
do more then to arks the usual order.
The petitioner ls Mr. Henry Vousley, licensed victualler,
of Randell-stteet, Poplar. His petition states that the own-
ptiawas alsidiebed and duly registered on the of July,
o for the of datilling, and making. raw or
plain spirits, to do ell such other things as are incidental
or condadve to the anointment of sash objects."f
IThe pro-
ved, ~zraeogalos,oool., wen min
192,C, 20,000 shares
I.o.l;aeagte.
pbees7b7u—dism- at West Hinn-bne, Hirer. There were
110 therehoiders. In October lest the company commenced
adumg. Three-fourths of the peed-up capital had been
lost cie bemuse unavailable ; the costrauy was unable to
pay he adds ; a great number uf actions bad been com-
menced, and were Dow pending. Other creditors had ob-
tained judgments end levied executions at West Ham, to
the anelent of 6,0001., whereby the bunions bad been sus-
pended. Pert of the property bad been weld at greatly de-
predated prices, and the remainder was eland to be sold.
An order for protection of the property was therefore prayed
for. The petitloese wee the holder of 65 shares, on which
he had paid 4701.

IN RI HALL AND HALL.
ml T the adjoined slang for the oneiderafiou at the
certificates of the bankrupts, who were soliettoreelailsiz
Banell-oeert, sad cattle-dealere, of Wendel'. ta
The meeting was apponted for on o'clock ; but what to a
number of trifling bat caatested aces Deng put ea the paw
for the ease or as earlier hour, it wee nearly 3 o'elxk Wore
the aces was comeliaood.
• • -• •

—Mr. Lammas appeared for the lodgasse ; Mr.
Riviogica far Sir Charts' Kubota, But. ; sad Mr. Bar
for the bankrupts.
Mr. Lawrence sated that aims the last meeting he had
boa diluted to (ON eppoitka fore Kr.

Mr. Bagley contended that the whole ales had been closed.
Mr. Itivington dialed this. He had evidence to offer In
opposition.
His Honour said it had been held by the Court above in
exrte Wood, that opposition might be entered at any time
Ddore tpleadEnten diedilloste was disposed of.
Mr. thee& the practice a very inconvenient one.
Mr. said he bad been prevented taking legal advice
After
the fact that the beanupts had entirely tabled him.
After his Honour's direction in the case of Mrs. Dalgleish,
be had thought it best to }segue the same course.
His Honour considered that in a cute of this kind the
ends of justice required that the fullest opportunity should be
given to creditors to make their complamts. (Slight ap-
plause in court.)
Mr. Lawrence Mated that there were two creditcrilff the
name of Rift in the balanoe-sheet, who had proved as exe-
cutors of William Kilby, builder, of Willesden, deceased, for
1,4001. odd. The comphint of the widow was that the bank-
rupts had possessed themselves of the estate of the deceased,
and had failed to pay the legacies, or account for the money.
This was the statement of Mr. Kilby, jun. ; but it wee
denied by Cheslyn Hall.
Mn. Kilby deposed that she was executrix of her hushand's
will. He died in 1863. He had done business for the
Halls. She had continued the business, and alto done work
for them. Cheslyn Hall prepared her husband's akm
days before his death. He sent to ask if he might go it. The
debt due from the bankrupts was all the property her gersbang
left, and the lease of his premises. The documents west
given to the bankrupt when he made the will. The Halle
did not get any of her property. except the debt due to her
husband, which wee about 2,0001. in ail.
William Kilby, son of the last witness, deposed that he
had applied to the bankrupt Cheslyn Hall in Maroh, 1858,
for payment of his share of the money due under his lather's
will. His father had been dead three years, and witness was
coming of age. The prwerty was left equally iimae six
of them. Bankrupt saM it was not legal to claim • Lowy
until a mouth after it was due. Witness applied again on
the 17th April, when C. Hall said he had not got the
from the legacy-offlos, but would pay witness in a w=
two. In mower to a sabemnent application be mkt he bad
sent a deed for 22,0001. to Baden-Baden to be Mood. He
then drew up en agreement to pay Mrs. Kilby 1001. a month
until the debt was paid off.
The Commissioner—This amounts to nothing more than
that the bankrupt owed a considerable sum of maw to those
Parand has not paid it.
Mr.—There is the additional hot that be ob-
tained an extend= at time cs the ragerstatatiem that a large
sum of mousy was conang to him bona a certain
Mr. tininess. then proposed to read in et= the
answer in Chancery flied by Cheslyn Hall, in the suit of
Iteshout v. Turner, on the 20th February, 1867. It flatly
oontradioted the bankrupts statement in his examination at
the lest meeting, that he had a specific authority from Sir
Charles Rushout to raise money on the Cownhang estate.
In the Court of Chancery he had admitted that he bad no
such authority, and that Sir Charles had never given any
Instructions im the mortgage to be effected ; that he exe-
cuted the deed in the bankrupt's presence, but whether
knowingly or at the bankrupt could not say. lle admitted
that the 2,8001. raised by that mortgage, and purporting to
be lent by C. Hall and J. Turner to Sir Charles Rushout,
had never been paid over to him.
The Commisi&ner—But Sir Charles Rushout made them
his beakers. Does it appear that this money went in to their
beakers, Mews. Dixon
Mr. Itivington replied in the affirmative.
The Commiesioner—lt appears that Sir Charles bad exe-
cuted the indenture without knowing what it was. He relied
on them as his solicitom.
Mr. Rivington—But that did not justify them in inducing
him to execute this instalment in order to rates money for
their ewn purposes Still less doss it justify C. Hall in
making a false statement when he comes to apply for his w-
agon& I now propose to put in the judgment of Vice-
Chancellor Wood in the snit of Rushout v. Turner, which
ordered the deed to be given up, sad declared that it was •
scandalous fraud.
His Honour did not think it necessary to put this in evi-
dence. He should form his own judgment. The osse
seemed to be a bard one upon Turner, the co-trustee with
tho bankrupt, who would probably have to make good the
find.
Mr. Lawrence said the case was one which the amalgams
would have taken up if they had known of it.
Mr. Rirington ooruddered that it was competent for any
opposing creditor to do so. He would also put in the answer
in Chancery of Lord Noethwick, In the suit of " Beauchamp
v. Northwick," tiled 16th July, 1864, to contradict the evi-
dence given by Cheslyn Hall at the last sitti4. to the effect
that he had :a general authority from Lord Northwith in
these matters.

Mr. Bagley—Ho did not say that.
Mr. Rivington—He said he had a power of attorney.
Mr. Bagley—ls Lord Northwick here f
Mr. Rivington—He is 94 years of age, and is at his resi-
dence, Northwick Park, paralysed. if it is necawary to ex-
amine him it must be date on the spot. In this suit the
bankrupts appeared for Lad Northwick, but instructed
counsel to appear on their own behalf.
The Commissioner—A most strange proceeding; I never
heard of such a thing. What right had they to do that ?
Mr. Bagley said it was a common thing for persons who
thought their character might be reflected on to feat:net
counsel to appear for them.
The Commissioner—lt seems to me a mass of contagion
altogether.
Mr. Airington proposed to read Lord Northwirk's answer.
Mr. Begk7 objected, and the document was withdrawn.
This dosed the case as far as the evidence was concerned.
Mr. Lawrence did not think it necessary again to address
the court at length, or to do more than all attention to the
facts of Mrs. Daigleish's can and others. It was the wish
of the weirdoes to bring forward all the facts of the car.
Mr. Airington stated that he could now supply a date
which as wanting on the last occasion. Lady Amebae a
stock was sold out in June and October, 1849, to the amount
of 4.7001.
Mr. Airington asked the court, on the widows before it,
forefeet any certificate or protection to the bankrupts. Lady
Reashont's case brought them within the third division of the
penal emotion (the 236th), which related to contracting debts,
or obtaining the forbearance of debts, by fraud or false pre-
tences ; and Sir Charles Rushout's complaint brought them
nadir the waxed divides, relative to keeping false accounts
or making false entries, with a view to conceal the state of
their affairs. Also, under the ninth head, they ware charge-
able with having omitted to keep proper basks of scoount
sad with having kept them imperfectly, carelessly, and
negligently, with the view to deceive. Besides their
general conduct, the course of dishonesty wad Ithebood
which the evidence bad disclosed disentided than to any
certificate whalers/. There was nothing in their oonduct
deoe the bankruptcy to condone for all or any of those
offences. No amount of confidence, snot use, or
even negligence on the part of Sir Charlie Roshoat,
could be urged in extenuation of thrice offences.
This was an inquiry affecting the public interests
of society. The court had had to adjudicate on the
ofenoes of mordant; beakers, directors and others filling
public °Woes ; but the t case, where solicitors had so
grossly abased the of their clients was not inferior
in importance to any that bad coins before the court. The
circumstances were most serious, regard being had to
the magnitude of the bankrupts' transactions, the high
position which for many yearn they had held as so-
licitors of eminence, sad the evil use they bad
made of the facilities given by that position to commit a
constant series of frauds daring a long course of years. The
Lords Justion, in the cases of Selby and Dobson, had held
that no certificate could be rented in such mac The
bankrupt Henry Hall had vainly sought to exempt bland
from those charges; be had sought to ride off on the shoulders
of his brother. But he admitted that he had the
went of the farm ; and the balance-sheet showedtitt%
whole of the losses, to the amount of 51,0001., had arises from
the expenditure on that farm. He sent to his brother far
cash, which was supplied by the mirappropration of their
clients money; and then ha pretended to say that he had
iraValiw.
nothing to do with these fraud& Tice charges the
bankrupts were grossly aggravated by the son evi-
dence which they had given in that court, in ahem to
explain or extenuate their conduct. Mr. Airington
claimed, on behalf of his client and himself, any vindictive
feeling towards the bankrupts, whom be had known probe-
sionally for the last twenty years, and had always been on
courteous taws with them; but he was impelled to take
the course he had done a swims of public and professional
duty. This was more then the case of an agent
or a banker receiving mousy from his principals and failing
to repay it. When a solicitor raised money for his clients
on mortgage and put it into his own pocket to the extent of
thouw. of pounds, the tan was one calling for the severest
reprobation of the court.
Ur. Bagley (it being after five o'clock) asked for an ad-
j awninged.
The further boozing was adjourned until Saturday.