The Express.
London, England, 1867-02-01 00:00:00

K K,MALL r. knnALL

Dr. Spinks, Q.C., and Mr. Searle appeared for the peti•
tioner, the wife of Captain Kendall, who was co-respondent
in 1864 in the suit of Rowe v. Rowe, and against whom
damages to the amount of 1,200 f were awarded. The mar-
riage was in 1861, at some place in India ; but
the parties soon afterwards came home, and took up
their residence in Wales. After the trial referred to
Captain Kendall adopted a very strange course. At that
time his wife being on the point of being confined he re-
turned to her, begged her pardon, and was received back.
He then arranged that they should go to Panama as Cap-
tain and Mm. Hardinge, in order to throw Mr. Rowe 's
attorney off the scent. He started by himself but he
wrote to his wife to join him. She accord-
ingly sailed for the Pacific, but when she reached
Panama she found a letter informing him that he hail been
" traced by the hellhounds of that scoundrel who should
be nameless," and begging her to return to England. As soon
as she got home her husband's agent handed her is letter
informing her that it was useleasto carry on the deceit any
longer, that he hail only returned to her from motives
of humanity lest she should Butter during her
confinement, that he had taken out Mrs. Rowe
with him, and that she was now cohabiting with him.
The explanation he offered for this conduct was that lie

loved her as a mister, but that he could not give up Mrs,
Howe, even if the tortures of hell stared him in the face.
He suggested that she should despise him as a vile wretch;
but be promised that though a ruined man, he would never
let her or her child want, and advised her to return to
her father in India.

The court made a decree nisi with costs, viii give the
petitioner the custody of her daughter Adele, the only
surrii nig child of the marriage.

COURT OF BANKRUPTCY.
(Before Mr. Coramialioner Goulburo.)
IN ILE HINDNANMH.

This cue came before the court under peculiar circus,.
stances. The bankrupt, described as of Pennyfieldsl'opinr,
ship-owner and master mariner, presented his petition in
May last and obtained his order of discharge in due course,
but he was subsequently arrested at the suit of a creditor.
and now applied, under the 162nd section of the act of
1861, to be released out of custody. The application had
been made in the first instance to Mr. Justice Byles, but
was referred by him to this court.
Mr. B. Griffiths appeared for the bankrupt, and Br,
Brough for the opposing creditor.
The application was resisted mainly upon the ground
that the debt of the detaining creditor, if it had been cor-
rectly returned in the schedule, would have increased the
indebtedness to over 3001., thereby necessitating a stamp of
✓. upon the petition. whereas the debts were stated at
2641., and a stamp of U. only impressed upon the !lei.
tion. The deficiency in the stamp, it was contended,
invalidated the whole proceedings, including the order of
discharge which had been granted to the bankrupt.
After hearing the learned counsel,
His Honour held that the objection to the stamp upon
the petition was made too late, sad he directed the im-
mediate release of the bankrupt.
Application granted.
(Before Mr. Commissioner Winslow.)
111 RE DAVICH AND TI3UGHTON.

This was a sitting for further dividend, under the
failure of Moran. Davies and Troughton, who formerly
carried on the business of bankers in Shoreditch. The
bankruptcy took place in the year 1859, and ups.
proofs which have been admitted to the extent of
110,0007. a dividend of Bs. in the pound has been paid to
the joint creditors, and the claims against the separate
estates are said to have been discharged in full.
Mr. Venus (from Messrs. Linklaterl attended on behalf
of the assignees.
. . . . . .

It wan arinounoed by Mr. Richardson, clerk to the sig.
dial aanignee, that a balance of 1,K501. was in hand, and it
was resolved that the smcunt should be divided. It vu
stated that the dividend, of which notice will be given is
due mune, will be a final one.

CENTRAL CRIMINAL COURT.
(THIS DAY.)

The trial of the primoners charged with scuttling the
Severn, was re-commenced this morning at 10 o'clock.
Mr. Smith, of the firm of Smith, Sim n, and Co.,
the brokers of the Severn, produced the bills they had
accepted respectively for 1,0001, and 7611. ss. in
payment for the balance due upon the purchase of the
ship from Mr. Sweet.
Mr. Ward was then re-called and was cross-examined
by Serjeant Atkinson. He said that Holdsworth was in-
troduced to him as a general merchant, and he never knew
him as a sltipbroker. Dean introduced him to biol. The
salt was sent to him to be disposed of in the ordinary
way of business.
In answer to a question put by the learned serjeant, the
witness, said that no charge was made against him in
reference to this transaction. _

Ribton—The original introduction with Holds.
worth was in reference to wine, and bad nothing to do
with this ship.
Mr. R. C. Smith deposed that he carried on business u
a ship insurance broker in George-yard, Lombard.
street, and he had one partner, Mr. Simpson. He bad
known Holdsworth for about six and Berwick for about
five years. He did not know anything of Webb, and
only saw hint the day before he was arrested. Witness
had bad business transactions with Berwick and Holds.
worth, in which they were jointly concerned, and had
frequently advanced money to them upon ships. He ad.
vaned money through the firm to Berwick in reference
to a vessel called the Jane Brown, and this money was
paid. In the beginning of 1566 Holdaworth applied to
him in reference to the purchase of a ship. He said he
had a friend who wished to purchase the ship, and ha
came to them so a broker to divide oounuission. He was
asked what kind of ship it was, and lie sail it was a hoe
ship and would sell well in China, but he could do nothing
unless they relieved him of a mortgage that was upon it,
and he added that the vessel was already under charts
at a high rate of freight, for Hong Kong or Shanghai
After some further conversation witness's partner
asked who his friend was, and he said he ea
a respectable man, and he described him as Thomas
Ward and Co. Witness said be would make inquiries
about Ward ; and Holdsworth, in answer to a opiotwa
put to him, said it would require about 3.500/. to relieve
the ship from the mortgage. Some inquiries were thele,
and they refused to take Ward alone as security, and
Holdsworth then proposed that Berwick should become
security for Ward. Witness observed that Berwick had
lost a ship only shortly before, and they supposed he was
in funds, and Holdsworth said be could pay 1,000/. at
once on account of the purchase of the ship. An arrange-
ment was then made that Berwick should pay 1,00/.;
that a bill should be accepted by the manager of a cer-
tain ship insurance club for 7eo/. ; that they should receive
two-thirds of the freight, and should stand mortgagees
to the extent of 3,500/. or 4,0001. upon the ship and freight.
Under this armigement witusia's firm was to advance the
amount last-mentioned. The sum of 1,01101. was subse-
quently paid to witness's firm, and bills for 3,G71/. odd,
accepted by Berwick, were handed to him, and he then
gave back the 1,000/. to Holdsworth for the purpose, N he
understood, of fitting out the ship. They asked fur further
security, mad Berwick executed a mortgage upon some
land belonging to him at Liverpool in their favour, and the
ship was also mortgaged to the firm by WanL The interest
that was to be paid upon the loan was 10 per cent.
. . ,

The mortgage deed was put in and read. The transac-
tions between the parties appeared to be of rather a corn
plicated character, bus the result seemed as above stated.
The witness was then asked to produce his bilk, amount-
ing together to 3,500 f. which had been accepted by them,
and handed to Mr. Crawshaw and paid, but he said he had
not got them. Re admitted that he had received s sub.
Fauna duces tecum to produce them.
Mr. Justice Blackburn asked him why he had net done
so? It was his duty to have produced the whole of the
documents mentioned in the subjs.:ma and the effect of the
non-production of the documents might be to INatie justice.
Mr. Smith, in answer to further questions. said that
probably his partner Mr. Simpson had got the bills.
Mr. Simpson was called into court. but he said he had
not got the bills and they were probably at the office.
Mr. Justice Blackburn told him to send for them ; and
said if they were not produced in half an hour he would
fine him 100/. _ .

Mr. Smith then went on to say that, under the arrange.
meut with the prisoners, the amount due to Mr. Craw•
shave was paid off, and the ship was free so far as he sou
concerned; the balance due to Mr. Sweet was also paid,
the whole amount paid for the purchase of the ship to the
last-mentioned gentleman being *1,5001. The balance now
duo to witness upon the transactions was 3.700/., which
WAS received upon the mortgage, and the other securities
referred to, and also upon the policies of insurance that had
been effected upon the vessel.
In the course of the further examination of this witness
he was asked to produce another document, and he said he
had not got it.
Mr. Justice Blackburn said he was really very much on'
prised at his conduct. It appeared very much as though
he desired to baffle the purposes of justice.
Mr. Smith said he was very sorry, but he award his
lordship that he had no such intention.
Mr. Justice Illackbnru said be could rot tell what he
really intended, but it looked very much like as though he
desire., to do what be had stated.
Directions were then given that the .hied he sent
for to the witness's solicitor, in whose hands. it W 34. stated,
it had been placed.
Mr. Smith proceeded to state that by his own directions
policies were effected to the amount of .),:risif. through
Messrs. Fraser and Co. One Was for 4,040. on the ship
Severn, valued at 10,0001., which was on the hull only.
Another was 500/. in the Friend in Need In-curses t 4.444
rimy, also upon the ship. The third policy was not prod
doted, and it was directed to be sent for.
Cross-examined--In addition to the cost of the ship
good deal of money was expended in repairs that wens
necessary for a voyage to China. Mr. 1101.11 worth only
appeased act as the broker in the trans tetion. Thertilto a
person to sell the ship at Shanghai, and they cotiAdeii.l
she was likely to fetch 10,0001., and she hid a coral freight
out and was likely to realise a good
any time regarded Mr. Holdawmth in the 11;1A of
A owner of the Severn, and they elm VII considere.l him
broker in the transaction. They ;enerally ronaideroltht
it was necessary to insure a vessel for double her value in
I order to make themselves safe as mortgagees. Under.
writers failed, and so did insurance offices, awl in the Pre-
sent instance 1,000/. was lost by the failure of one 4th4'4'4
He did not see the prisoner Dean at any period u: the
tr insaction. vent. Ile i,eio at
Re-examined—The I,ooof. that he was to reoiver under
the arrangement were paid him by twe sums of .-ase, each
sail he believed they were lead in cash and nut by elloimmo-
Mr. John B. Simpson, the partner of the list sumo,
was then examined, and his evidence tend,' to coml.'
rate his testimony with regard to the iirram;cmcnt that
was come to between their firm and the prisoners
worth and Berwick. He said that the object of their re-
quiring the payment of the 1,0001. was that the lone..
should show that they were in cash to under-
take such an operation. The witness then sxplainid
that all the documents were packed up and taken
to the Mansion-house where the prisoners were under ex-
amination, but they were nut asked for, and they were left
in the possession of their book-keeper, who had been dl,
and he did not know what had become of them.
with
The witness was examined at considerablo length
regard to the monetary transactions between time parties,
but nothing very material appeared to be elicited.
The trial was proceeding when went to pre.a, and is not
likely to be concluded before to-morrow night.