The Express.
London, England, 1860-09-06 00:00:00

THE EXPRESS, THURSDAY EVENING, SEPTEMBER 6, 1860.

'woollen merchant, in partnership with a gentleman named
Edward Keeriley. Our 111%140011011 are at 43 and 44, Out-
, kr-lane. Cheapside. I know the prisoner, and have had
businee transactions with him while he wa, a partner firth*
original firm of Washington, Dever, and On., and decision,
he ha. carried on liminess under the name of F. A. Davin
and Co., but only upon one occasion with the latter fine.
Mr. FreshfielJ-1 believe one of the acceptances of your
firm peeled through the hands of the prisoner'
Mr. Headland—Yea, but only one. The bills were shown
to me—one for 689/. 16e. 2d., and the other for 6351. 2d.,
which purport to bear the acceptance of our firm, are for-
geries. The drawing of the bills I believe to Ise iu the pri-
soner's handwriting.
Alderman Hale - -Did you ever authorise the prisoner or
any_ one else to accept these bills?
Mr. Headland—Certainly not.
Alderman Hale—le the acceptance • good imitation of
your genuine acceptance?
Mr. Headland—lt is not at all like my handwriting, but
it does resemble, to a slight degree, the handwriting of my
partner.
Mr. Morgan said he bad ncthing to ask the witness.
Mr. It. W. Herrington was then examined. This witness
was called to complete the charge against the prisoner of
having uttered the forged acceptance of Messrs. Wreford
and Co., to the bill for 47W. 6e. He said—l am the depot
principal in the discount-once of the Bank of
I know the prisoner. He bed a discount account at the
bank at the commencement of the present year, in the
names of F. A. Davies and Oa The bill now produced for
4791. 64., which apposes to bear the acceptance of John
Wreford and Co., and dated the 4th of April, at three
months, I Amounted forth, prisoner on the 13th of that
month, and the proceeds were placed to his credit This
bill wee falling doe in the beginning of July (the 7th), and
on the sth, two days before, the prisoner came to me and
wished me to give him beck the bill.
Alderman Hale—What did the prisoner say
Witness—He said be was very anxious, for ecotone he
would communicate to me afterwards, to obtain the bill of
Messrs. Wreford and Co., for 4791.6 c, that would fall due on
the 7th of July. 1 told the prisoner that it would be highly
irregular to interfere with the course of a bill of exchange,
and that such • proceeding could only be permitted as an
exceptional one, and upon strong grounds satidactoeilv '
shown. I then asked the ' if- he hat the rash mitt
him to take up the WU, and he mid he had. I declined to
give up the bill, aed advised the prisoner to make • written
application to Mr. :Miw, the principal of the discount de.
pertinent, Wham the W. given up to him. I saw no more
of the prisoner, and the bill was presented when it arrived
at maturity, and was returned dishonoured.
Mr. lireshfield said that this was the whole of the evi-
dence he was prepared to lay before the court, and he asked
for the committal- of the prisoner to take his trial upon all
the charges.
Alderman Hale then gave the usual statutory caution to
the prisoner, and inquired whether he wished to make any
'newer to the charges that hail been preferred againd him.
The prisoner, in a low tone of voice, replied, " I leave it
to my aulicitor."
Alderman Hale then ordered that he should stand com-
mitted to Newgate to take his trial.
Mr. Morgan then renewed the application be made ou the
I former occasion, for the restitution of some articles of
jewellery that had belonged to his late wife, and a small
sum of money, that were taken from the prisoner by Spital,
the officer who apprehended him.
•

Mr. Freshfield'isid he should not object to the appliat-
tion, so far as the jewellery and the money were con-
cerned, but the officer must not part with the prisoner's
cheque-book or any other documents that were found upon
the prisoner.

THE HARVEST IN SCOTLAND.

Correspondents .4 the Seaman thus report on
the state of tho weather end the crop from the places
meationed

Irrii.LAnothrr month of cold and ungenial weather for
raS4Urnigrain has naturally created considerable un-
sealliena regarding the prospects of the harvest. The
heavy thunder-shower. which have fallen partially over the
county, as well as sonic days of almost continuous rain
with high winds, have considerably laid and injured the
crops where they were luxuriant. A mouth of fine
weather, however, would do much to repair the
damage. In all the early districts • beginning was
made of barley-cutting in the end of last week, and on
lighter descriptions of soil Kane fields of oats have also been
cut. A good deal will be done this week in cutting these
two crops. It will, however, be at least ten days before
harvest will be general on the higher districts. So far as
reaping has gone telst showing as well in the stook as it
I promised while s . Seldom bas this grain had •
bulkier appearance on all descriptions of land, and notwith-
standing the wet and cloudy weather the straw is stiff and
generally drying with • good colour. The oat crop is more
irregular as to bulk, bat the quality of the grain is expected
' to be fine. Wheat ripens very slowly, and forming quite a
contrast in its lateness this year when compared
with este or barley, for it was soonest ready
last year. Though the mop is a little thin on the
ground the ears are large and well filled, having escaped
the ravage. of fly at the time of blooming. If we have
weather to ripen the spring sown as well as the autumn
there will undoubtedly be • large yield. Little or no
wheat will be cut for • week, even in the earliest districts.
Green crops still look remarkably well. The potato crops
are, with few exceptions, vigorous in growth. In several
instances, however, diseased spots ere visible on the haulm,
but the tuber. are sound. It ith dry bracing weather now,
it is probable that the crops will escape with little damage.
Turnips are universally tine when they were early sown ;
the later sown were somewhat checked in their growth by
the heavy cold showers of rain which battered the ground
before the leaves were sufficiently advanced.
Mm-Lerewun.—The weather was showery from the 28th
tithe Ist September. Since, it has been close, dull, and
warm, without rain. Rapid progress is now making with
reaping, and plenty of hands can be had. The
machines have this season supplanted • good many sell&
The further progress now made shows that barley and oats
are a fell crop without being extra, and the quality of both
promising well. There have been very few fields of wheat
cut, and as yet it only slowly ripens. There has been no
further symptoms of increase of the potato disease. Tur-
nips, however, are losing much of their vigour, and the late
are looking mote set in growth than they have hitherto
done.
EAR? LOTIIAII.—Last week there were showers almost
every night, and frequently during the day heavy but
partial rains of short duration. Still harvest operations
have gone on steadily ; and as the different crops are only
coining slowly to maturity, part of them are being cut
rather green. In the lower district of the county the
Fter put of the oats and barley are in stook, and a fair
ining has been made in cutting wheat. The heavy
of wind on Thursday last shook out part of the ripe
Frain, and on exposed situations there is • loss even where
it was green, but not to an extent that will be felt, if the
weather to come continue favourable. It had the effect,
however, of putting all the first cut grain into fair keeping
conihtion, so that leading in has commenced, and already on
some farms& goodly array of stacks has been secured.
WEST-LOTHIAN. —Since Tuesday last the weather has
been showery, but not so much so as to interrupt materially
the progress of the barley harvest, which is now general in
the lower portion of the county. This crop bulks well in
the stook, and appears to be of better quality than might
have been anticipated from the 'date of the weather under
which it was ripened. Some atches of oats have been cut ;
but neither this cereal nor wheat can be generally ready for
the sickle fora few days. Reaping machine. being now ex-
tensively employed in the county, the demand for shearers
is less than venal, and wages are in consequence moderate.
Mangold-swuml is running much to seed ; but the other
green crops are advancing favourably.

tab, Inttlligenct.

COURT OF BANKRUPTCY.—SEPT. 5.
(Before Mr. Commiulocer Goulburn.)
_ RE BRINE:

This was an adjourned examination meeting the matter
of Augustus Brine, of No. 135, Emden- St. Pancras,
and of the Great Northern Stone , Canal-mad,
Caledonlau-road, stone merchant. The bahince.sheet, pre-
pared by Messrs. Paul and Turner, commenres on the 22nd
March, 1856, and ends on the 14th February last, showiog
the annexed summary :-Dr. To creditors unsecured,
5,7491. 4s. 10d. ; creditors holding security, 7,472/. 14s. ;
liabilities, 2751. 16s. ; differences under composition, 22nd
March, 1856, 4,0171. 12s. ; profits, 5,2641. 12s. sd. ; rents
received, 7101. Be. ; total, 23,490 f. 71. 3d. Cr. By debtor
good, 3145/. 7e. ; doubtful, 6/. 9a. SEL ; property after deduc-
tions, 6561. 17s. ; ditto held by creditors, 6,730/. ; liabilities,
2751. 16s. ; trade and other expenses, 9,4941. 15a. 4d. ; learn,
2,481!. 2s. 6d. ; house and personal, 1,5961. Bs. 7d. ;
deficiency at commencement, 1.8341. 14s. 3d. ; difference,
8!.175. 3d. ; total, 23,490/. 7s. 3d.
Mr. Pennell, the official assignee, thus reports on the
matter:-In this case the bankrupt has been in business for
a period of about twenty yearn, he was formerly in partner
ship with his brother, Charles Brine, and in
March, 1856, • petition for arrangement was pre-
sented to this court by the two brothers, their unsecured
debts and liabilities at that time being 17.3131. lfis. lid. •
the proposal made to the creditors was 10s. in the pound,
payable 2s. 6d. in the pound in cash, and the remaining
7s. 6d. by three equal instalments at three, six, and nine
months. The proposal was subsequently amended by the
petitioners increasing their offer to 12s. Gd. in the round.
being payable at twelve months' date. As far as have
been enabled to investigate the matter, the proposed ap-
pears to have been carried out ; although I do not And
from the proceedings that either of the petitioners received
any certificate from this court. The bankrupt continued to
carry on the business after this arrangement upon his own
I account (Charles Brine withdrawing from the firm), and
doing so without any capital, he became involved again in
difficulties, which ultimately led to his presenting &petition
to this court in February list. Notwithstanding the warn-
ing of a previous failure, the bankrupt has been very remiss
in Ins bookkeeping, so much so that the accounts, which are I
very extensive have bad to be almost entirely restated, and
at a great ease of time and expense. He now appears to
have a deficiency of 5,810!. 2s. 7d., which is traceable to
his continued trading without capital, and having recourse
to the raising of money upon accommodation bills, no less
than 2,8531. 2.• Id. having been paid for interest. The bank-
rupt makes his returns to have been 44,3711. 15s. 2d.; upoa
that amount be appears to have made • gross profit of
5,264/. 12s. 5d., but ea the trade expenses and bad debts
together amount to 11,092/. 16e. 4d., it will be at once seen
that the profit is altogether fallaciom.
In preparing his balance-sheet the bankrupt has had, in
consequence of not keeping • regular cash book, to assume
• very large proportion of bis expenditure ; no leas a sum
than 6,500/. being introduced at the end of cash account aa
annulled payments. The books consist of ledgers, day
books, work books, cash memorandum books, wages book,
and a bankers' book. They are, is already stated, but indif-
ferently kept, and the balance-short cannot be considered
other than an assumed account.

Mr. Brough, instructed by Mr. J. R. Chidley, for the
assignee., said that one of them was desirous of an adjourn-
ment for the purpose of investigation.
The Commissioner asked if any good would result from
dribbling away the assets. There had theady been one ad-
journment, and, as in nine cases out of ten, the aceounta were
not of a satisfactory eli.,racter. Questions of conduct
would however be dealt with at the certificate meeting.
The bankrupt then pared his examination.

This was a meeting fur the choice of assignees. The
bankrupt was described as of the Royal Hotel, Norwich.
The debts and liabilities are between 17,000/. and 18,000 t. ;
assets from 8,0001. to 9,01:16/. Assignees were chosen, and
au allowance of V. per week granted the bankrupt.

SHERIFFS' COURT.—Bier. 5.
(Before Mr. Kerr.)

FIELDING T. ANDRIIMR.-CL:BTOM IX THE COAL TRADE.

This was an action to recover 4s. 2d., and considerable
interest has been excited, as, though the amount is small,
a principle and custom, involving thousands of pounds, is
in question. Plaintiff is a coal merchant of Tooley-street,
and defendant partner in • firm of coal ship.brokers. The
present claim was made up as follows :-Is. overcharge on
light dues, /cc., paid at Sunderland ; 3s. charge for charter.
party, and 2d. overcharge on metage.
Plaintiff said that he bad been charged 31s. for light
dues, &c., at Sunderland, whereas for the same ship,
Regina, he had only paid 30s, at Shields.
His Honour held that ,hat was paid at another port was
nothing in thin case.
Plaintiff said that he discovered the actual amount paid,
as per certificate from the Custom-house, to be only V.
se. fid.

Defendant said his firm paid a clerk 130/. per annum to
manage this portion of their Moines, and it was not likely
the firm would work for nothing.
As to the charterparty charge, plaintiff declared that the
commission of 2j per cent. covered all, and he could pro-
duce evidence to show that the charge was not made by the
brokers. He had paid defendant's arm a similar amount
on &previous occumn, simply out of courtesy, and he also
objected to it.
Defendant remarked that he would bring evidence to
prove that a charge was always made, and such charge
varied from 10i. to 3s.

His Honour mad that to prove a custom it was not only
nreamary to bring two, three, or five witnesses ; a great
number —if necessary, the whole body eng%ed in the curd
trade---should attend. What one firm did was not a custom
if another firm did a precisely opposite thing. He would ad-
journ the case in order that witnesses might be summoned
on each side, giving plaintiff leave to amend his particulars.
He pilest impress upon the defendant the fact that it re-
quired the very strongest evidence to establish a custom.
No costa were allowed on either side.

THE POLICE COURTS.

HANBION•HOUBH

Mr. Grorpe Resmil, a ship-broker in Fencburch•street,
yesterday appeared before Mr. Alderman Hale upon a aum-
moue in which he was charged with an swank upon a young
man named William Griffin.
. . .

Mr. Buchanan appeared to support the complaint; Mr.
Wontner attended for the defendant.
The cue occasioned a good deal of laughter in the court.
It appeared that the complainant was is the service of Mr.
Bradshaw, a hosier in Cheepside, and that Mr. Russell laud
ordered him to make some shirts, and one was sent for a
sample. but it did not suit, and was sent back to be altered.
There appeared to have been some little disagreement iu re-
ference to this shirt, and on the 30th of August the
complainant was sent by Ids master to Mr. Russell's
offices with the bill. According to his evidence
he had no sooner set his foot inside Mr. Russell's office
than one of his clerks told him to " cone out of that
directly," and lie was told that if he did not go out lie
would ho kicked out. He replied that there was no neces-
sity for kicking him out, as he was willing to go quietly,
and be represented that upon his saying this Mr. Russell
rushed from his desk, seized him Mr the shoulders, and with
eusidentble violence " bundled" him alto the street.
During the scuffle he dropped a parcel he had with him,
and his list fell off his head, and he stated that he saw Mr.
Rowell pick up his bat, and, treating it as he would a foot-
ball, kick it out into the street after him.
The complainant, in answer to questions put hy Mr.
Wontner, denied that there was any understanding that the
shirts were not to be paid for until Mr. Russell had hail an
opportunity of arcing whether they fitted or not, and lie
am denied that he was told to leave the office, and that lie
refused to de so.
Mr. Wontuer, on behalf of the defendant, described the
proceeding u a trumpery affair that ought never to have
been brought into a court of justice, and he called one of
the defendant's clerks, who pnived that the complainant
was repeatedly requested to leave the office, and he de-
clared that lie would not do so, and was very insolent, end
the defendant was at length obliged to turn luau out, hut
no more violence was used than was absolutely necessary- to
effect that object. With regent to the hat, it was stated
that all that °marred was that it fell off, aad it was thrown
out into the street after him.
Alderman Hale dismissed the summons.

The foreman of the pottery work*, Bruaton't-wharf, Lime-
house, appeared before Mr. Belle to answer a 11/11.1111obs sad
information preferred by order of the Secretary of State for
the Home Deportment against Henry Mdlicliamp, proprie-
tor of the factory, for using a furnace so constructed as not
to burn or consume its own smoke.
Smith, a police-cenatable, No. 415 K, moved the service
of the summons ; and John Pillar, a police sergeant. No.
13 K, was called to prove the existent's of a great nuisance,
has been much comjibiined of by the inhabitants
!Weill( and Limehouse. lie said that dense volumes of
black smoke were almost constantly issuing from Mr. Milli-
champ's chimney shaft, and it darkened the Ountnercial-
road and adjacent streets. The last time he watched the
chimney a continual cloud of black smoke Mimed from it for
27 minutes. TLe chimney was not so lofty as it should be,
and the factory, which was clone to the CommerciabroaiL
and facing the Regent's Canal Dock, was complained of as a
nuisance.
Mr. Selfe—l have heard of this place and Mr. 1111ii-
champ before. What is the place—what do they make on
the premises!
Pillar- It is a drain pipe manufactory.
The foreman said be would leave the matter in the hands
of the magistrate. A remedy hod been tried and failed.
Mr. Selfe.- Then you must try another. The defendant
has been lined before.
Mr. Sondiion, civil engineer, in the employ of the
government, said the defendant was fined .11. fur a similar
offence three years ago. Mr. Millichanip hail large works
in Lambeth, where a similar nuisance bad 011144 al. lie
believed the defendant bail provided a large boiler for the
Lambeth works, and he hehevesi this would in some men-
sure, when iu operation, remove the objections com-
plained of.
Mr. belfe—Three years is a long time for this smoke
nuisance to lie coat:MlK.' since the last conviction. Do you
press for the double penalty on a second eimviction
Itr. SOD C6loll—No, only for the single penalty.

Mr. Pillar—Everything is blackened with the smoke true,
the defendant's chimney. There are loud complaint% horn
the inhabitants.
Mr. Selfe fined the defendant 31., and said the some, h.•
completed the alterations of his furnaces the hatter.
a nuisance could not be tolerated any longer.