The Express.
London, England, 1859-05-18 00:00:00

THE EXPRESS, WEDNESDAY EVENING, MAY 18, 11169.

sad men were ordered to be takes into heipital for surgical
treatment. Most of the troops see suflering from wounds
receiir.,4 at Camper*, Luokuow, sod Deihl.
Toe Luau. —ln socordasee with ord. rt to that aged, the
whole of toe income Winging to the 3rd battalion Win.
fantry were sesseeblesl at m early hoar yesterday miming
at the mar of the hat threats for the purpose at wg
the infliorina of the paeisiumeat of the ash on a &l.me=
the 21.11 It :roan% Tte crime of whir/ the primmer wee
foto' sruilly it, that of having streak a sergeant of the
23r1 Eui4ere who was to the ex,cution of his duty,
the prisoner at the time being intoxicated. Fur this offence
he was adjudged to receive 60 lashes and to undergo 169
day: imprisonment ; bat half the amber of Mabee waa re-
mitted by the major-Imaaral. After the puoiehment had
been adminicered the prisoner was taken to the hospital, and
as soon se he is able to lean be will be removed to Fort
Clereare to et largo his imp...earnest.
Admiralty crier. having been received for the completion,
with oL despatch. of the screw frigate Amphiou, 36, now In
dock, a 1 axe cumber of shipwrights sad toectutirs Cr. em•
ployed on her Iran five :clock in the morntag until eight at
night. in °mite to past bee forward, so that ohs may be tut-
docked darter the neat opting tides.
The paddle wM el !restage Vlrsao proceeded yesterday af-
Orman to to • the Eurydice, 26, from this port to Ports.
month, the Eurydice having been fitted as a trainier ship for
the naval cedes serving ota board the Britaanis, 120.
•

screw steamer, kw boon taken into dock for
the poopose of bang thoroughly overhauled nod Band for ma.

THE VOLUNTEERS FOR THE NAVY.—Captain
Brows. R.N.. Registrar-amend of Semen, has jut re-
torted from visiting the chief reereantite parts of the north,
with • Mew of stimulating to the utmost the efforts which
aro now Wog male throut tae country to rake able-
bodied seamen for tho ro nary. Doting thk tour Captain
Brown., accompaaird r. Tribe, s gentleman coonected
with hi. deputes's; Adted the peeta of Liverpool, °Wpm
Ormeock, Hell, Yamawath, he , and hell coaferommo with
the mind* shipowners and the uthor.ties counseled
with the porta. u to the atop sec wo try to be taken to
*scourge v. leak. Mg hams the mercaatila to the
royal navy. Though the of of Captain Bfolliell aisles
was almost direv.ly emceed to the interests of the ddp.
ovum. yet we an pled to fay thee, os a body, they
naultwouly mispondod M the opus; and immodiwoly eon-
osated to Airtime tho *IOW tie Admiralty had in eke
trood`"3.
sear fa flair power. The nosh of thus com-
ets haw bus oncesostal beyond_
_all trapeckition,
mad shindy several thumbed, of Sao alistiodiod follows
ham Dewed sod Mu bon socaprod, and not the lout
doubt mow Teatime that the whole newitor d 10,/00 re-
quired br the navy will be completed le a very short time.
• goormoity aid packet dismissal of all private oon-
sidorato las died wet by the vhipowner• and odors, who era,
of oour-e. to a vitals utast, injuri,usly affected by the
withdrawal of men from their wervice, has bees In and all
peel" sad affmda mother pr 'of of the savilices which all
dram see pepsrod to make 14 secure lb. power ad edict-
onoy of the mks'. detente. The Ad mi ratty we re fortu-
nate In Ow* Meeks of Copula Brown for 'hie duty, a;
hen the Wore of his Aim as rogistrar-roneral of seamen,

be le of course thoroughly lakemed sport the @object, while
his hog _ossersko with the le* miry ghoul him as • con-
' muting UM batter it the two swrionk —Thurs.
SCOTCH RECRUITS Mt TIM NAV T.—Tho doors of
the Tromport Mot is LAM ere oceseiceally beelegvd by
=proottsg Utak amnion is Limb/seat Johnston the
t, Nest. The madams, bosom, on eilogy
bellows sof boy., obis mai °Maar, otasoo, la=
the of Witty: mew Is the sterchast smoke, Wag
thy. It Is emselsg to observe the appestat* of the vulvae
arthistes ma they prow tato the woes Then if the
Ilitorsfau, with tattered Iwbihmusts, the Buse\ nude'
is tordttroy, the owebseio is fuetteue, the yam( mom, of
whole little em be add farther than that b. Whop to the
wertisit deems ; the thmotaker, knows by kis reekveleized
primate and the prealior mat of Ida arias; the tailor, with
priebel dams: and the geetert-looking yeas( mea, sib
Highland dusk, wodistly half .clot of bis peettles. The
great maw of **rests (oriel of boy. Misses' to tho mid-
die mad lower r Wore or society. There they ere, frees the
robust, b parts. to the this pale beTkelittsa
er-
taes—hom •ha buy Is emperlisse to the
es/Leat. Tlwy aro, so doubt, raw materiarict they will,
fries trained. cacti malorially to atesoffthea oat wooden
wolls.--Scotroon.

The Waterford regiment of militia has arrived in
dis We of Woad, eller, It will te for some limo proctored.

6PORZING.

BETTING AT UANCRESTERe—TunDaT.
1101,11TIIL STAMM DONCASTRIL
12 is • ogi LapDr (efts Is lay)
DONCASTER HANDICAP.
7 to 2 opt Par West (t)
6 to 1 —Baigo.sNer (nit)
6 to 1 Mrs Webster (5)
6 to 1 Pasant Royal (t)
10 to 1 Twist (t)
DERBY.
6 to 2 1
to 1 esot Promised Land (aff)
(t)
12 to 1 111aneeiat“t)

lab Intelligent.

COURT OF COMMON PLEAS.—MAY 17.
&reap at Nil Prim to Loadwa.—(Bstor• Jostar•
Bytes sad a Comma Jury.)
RIM r. TIOWNI AND •NOTIIIa.—DANAGS TO A NOOSE.

The plaintiff chimed damages upon the erased that •
public-home called the Golden Fleece, ut Little Etrightridar-
Wart, of which he was the occupier, had been injured in dm
course of pulling down en adjoining tome. The defendan.e,
who were builders end contractcre, had been employed to do
the work.

---Yr.STirjsent Tczar and Mr. Prentice, appeared for the
plaintiff ; and Mr. Hawkins and Mr. Barnard for the de-
fendants.

The plaintiff took the Golden Flew% which wait these
shut-up house. in klatch, 1848, and paid altogether 1201., of
which 501. wee for goodwill. About the beginning of July
his receipts smousted to 301. or 361. • week, but shortly after
that time the defendants began to pull down the sdjoiniag
house, the Old Pares Head. The plaintiff's cam was that is
doing this they had not sufficiently shored up his house, in
consequence of which it bad rank, and leaned over in the
front 1i inches, and at the back 10 inches, and it beceine
dangerous. Oa the 13th of August there were a down
gentlemen dining on the first floor, but jut ea the cheese Iris
put on the house sunk again, and a quantity of rubbish fell
down, which so alarmed them that most of them ran away,
and several never went into the house afterwards. A Omelet
held once • week at the house had fallen off in number, sal
ultimately ceased to exist, priadpally because the house was
dangerous. There were other minor heads of damage, endi
as the loge of a lodger, the destrudion of theitsper on the
plaintiff's side of the party wall, and the pulling down et
bell hangings. In April,- 1869, the plaintiff lefy the premien
pll.r bees condemned, and they wen afterward'
down. When he left his takings had dammed down
a day. In the course of pulling down the Old Parrs
Hoed, Mr. Smith, the City surveyor, and Mr. Jersey, W
asentaat, sew the premises, and they bought that the
pWn-
's house was not sufficiently shored up. At their roma
the defendants pat up additional shoring.
For the &andante a gran many of their warkseen woe
and they were all of opinion that the A had min
: sled,
in a man ea skilful manner. Belem say at-
tempt wan =edits psi dews the 0 d Pan's Heed upright
timbers were put en a the doors of the Golden Rowe% from
Mao= to top; them we,. aso some horlsonal shores back
and front, and rang shores were put up the
side as soon ea possible. The truth was, that
the Golden Zane was a very old house; there
was a crack of emelent date running down the
front, at It. jennies with the next house; and all the
mats timbers were NOW It we' alto stated that the
Golden Flew did net Ni. to he in any worn date after
the Old Pen'. Ilea had been pulled down then 11 did
bets*. One of the delhaenta himself said that ant only
hid emey me been tam in ensure the plaintiff'. many, het
to amnsslt hi. caveniense as well ; and Mr. Hudson, tL ds.
fandate warmyer, apnea his opiukn that the *haring
had been prepay done at first, and that the additional
shoring aria& by the City ffilicitor wes not at all no-
ceme
M Justice Bylee left it to the jury to say whether the
defendants hod mid dna, remoonable, end proper care in
pulling down the part wall, and propping up the plaintiff's
how., and if the belnadama had net used due, remcnable,
and proper cam then what amenuant damage the plaintiff
had sustained.
The jury found a verdict for the piaintif—dameges 601.

COURT OF BANRRIJPTCY.—NLY 17.
(Before Yr. Commfaeloser Evans.)
'AN •ALOON ONLXIBUS CONTAXT

IN AZ VIZ

(LIMITED).

This was the day appointed for the hearing of a politica,
will& wee premated • abort time ago, praying for a winding/-
up eider wine' Ws company.
The patties was that of lir. Thomas Rankine, of 9,
Cherierainet West, Weetboarne-terrampark, brnth-
malmr, bat nem out of heeinem, a sharehellW in the cont-
ra"
Kr 7. . Barges' appeared in asp, of the palace; Mr.
Roxburgh hr the eampany ; and Mr. C. R. Lewis for elms-
hoiden.

At tie request et Kr. linburgb, ell the witaseers of
both Ades were °Aard euSef roars in the dist iestenor.

Mr. &mood stated the allegations of the petition. TOM.
hurt* of the subscribed capital of the oompaey had been
lost or become eaavallable, if it had not been so a year ego.
This ma other sorptionwere supporei by &Attacks of
he pallier, Kr. *raced, Mr. Gower, Mr.W. L. Jones,
Mr. Carman; Mr. Clerk, sad Mr. Jackson, es to the value
of the vehicles end horses of the company. It appeared that
the en
the al the eipital was 14,869/., remeseated by
so may Ws. shares; this was Motel in the effhlavit of Mr.
Pepe, the secretary, who added that some 800 time had
been (whited for mrs.parneer. One. foorth of HAW. wee
3,7171. 6e. ; and if three-fourths of the rmital were wagons
there ought to be that sum remaining. Careful ambitions
bed bees made as to the vime of the conspaat's stork which
were only nest by en afilievit of Mr. l'ope of what
the stook had cost the compete,. The hones had
bees earstally inspeoted ; 89 of them bed base seen by the
pthincesr, and were valued at UV. each, or, en the highest
ceiselatirm. *2,1721. The provender was worth 1604 ;
vans, 241.; cis farature, 164 Tbe omnibuses, eighteen
la .amber, were valued by Mr. Gower at 471. each, or, if
sold by idea, at 861. seats. Mr. Ayalakird, tbelbuilder of
the omaibeses, mid they could sot be worth more than 601.
each, or 9001. They hat no outs at the banking ; therefore
the aggregate of the meets wee 3,160/. Another It. was
the puent, which wee only need by this unfortunate tom-
pay. the vehicles big es heavy as to diet:rem the bergs;
this the company valued at the price they gave for it, 3,2001.,
though it had only enabled them to trade without peal.,
mid apead the shareholders' money. The petitioner
nerred that the patent was of no value what.
ever, was • complete failure, and war not
meth a farthing, owiect to the weight of the vehicle.. Mr.
Jones stated that they ware more liable to get out of
repair than the ordinary crosibusee. Mr. (lower drawled
his opiates that the patent wee perfectly worthless. Mr.
Carpenter, an eminent builder of omnibuses, mid the same ;
sada° one had wed to psy any royalty to the company
few the me of the patent. On the other side, Mr. Pope only
averred that tics pets t bad cost 3,0001. in theme and 2001.
la cash, bet did am mature to swear that it was worth 6e.
Oa his plias of ambulation be rode the seems of the cora-
gem, wile 9,08111.. *fig the hones at 281. 10., each. It
wee said that LOON. * *area were given for the patent to
Yr. Lysil •; bat it might torn out that these therm were
pankonal thetribeith by him amongst hie friends to form
• beard of
Mr. notheegth sad then was not a tittle of evidence of
that. It was not abet.

Mr. &mod had not amend It ma fact ; he taiwely mtp.
posed it might turn oat so. Then what were the hatiffirke
of the compsay? Mr.' Hawkins estimated them at 7,0001.,
incindiag 1,7001. due on debentures. It wet dear, there-
fore, that the comp* had not, en their own ettlemtut of
assets, a supine of ono-fourth of the capital, and the allega-
tions of the Winos were thus made out.
Mr. Hawkins deposed, in this slidavit, that he bald 150
shares in the company, having been induced to take them by
repmentations that the company was • flourish* meows,
and would my 20 per mot. In Apnl, 1158, a resolution lad
been pawed at the board declaring that the affairs of the
company were in etch an emtarr seed state that
it was desirable to wiad it up, but this was
not acted on. &Awe that the °mummy had been
obliged to rater money on bills at a discount of 20 per Dent.
Witness believed that for two year. the company had been
+critter their omnibuses at • loos, which was furremisg.
No dividend had hem paid, nor had there balcony auditors'
or other report, showing the state of the compeers affairs.
&vend erecutiose had been leaned at the snit of the clove,
from time to time, for duties doe from the company. On the
sth April last a reeolutice hat been passed authorising the
directors to sell the stock of the cormany to the best ad-
vantage either to au ladividnal or any other company.
Cross-examinsd by Mr. Roxburgh-1 live at 9, Charko-
street, Westminster. 1 slept there last night, and on Satur-
day night, or rather Banday morning. 1 have slept there
costinuonaly, except for air or seven nights, from the 20th
November last. 1 have no ecopi.iyment. lam out of bush
aim. Have been so since 20Ib November. I have lived on
yr/ ewe means by the money I bad host selling my property.
I have Le-n nearly 20 years in boa-nese. I have a wits sad
three children. My wife lives with as. at Cluirles7etrest. I
hove collected in my book-debts, and got some bills of ex-
change paid.
Mr. Rosburgh—Have you now any property of any de-
scription?
Witness—Am I bound to answer that question ?
Commisaloner—l think not.
Examinstion continued—l presented • petition Koss'
this company last year and paid the costs out of my own
money. Nobody assisted me. Mr. Bryan and I were to.
laintiffs in • rheumy deft against the company in July leek,
I
did not ask Bryan attest to join in the suit. He was at
that time • workman of lir. Aysbford's. I did not offer
Bryon 1501. to allow his name to be used. A motion
was made for an laittactioe in that suit. I have this morals,
been served with an order to pay the coats, about 1301. alto-
gether. I have not paid anything. Mr. Sargocd objected that these matters were Dot
relevant.
_ . . . . .

Tl;docantissioner—l don't see that it has toy bearing ft
this ansatioo.
Mr. Rozbargb—T'bo court has a disc:ration fa making
sr war at this kind; and th s is t cloaca to show the
' • " •• ' ' ' •

The emendmioner-1 don't think it materiai.
Mr. Roxborgh—Evervtblog le material in that vitw,
The Criustaiseksoo—Well, I have exercised my diecortion.
I don't think the gasmen can be put. Tot oaa appeal if
you like.
Examlnotion mationed—slinother petition hag been pro•
muted by Mr. Beesley. I basnothing to do wickthat.
The Commitionw—Tat ham nothing to do with this
petition. Ark him about mything that has to do • kb the
present petition. Hower, tf you think it Important to
your cheat, let It be lahms down. •
Examinetion oentimed—The costs which I was ordered
to pay in chasm, were thud In November Yet. I had
sold my property previous to that. I gold my honwhold
goods and •1011141147•611111, No. B tyer,o• tha 17th of No-
vember, Beim She end of Nomothw I had sold everything
I onold sell. I dm', bow Um data of the order In chmcery.
I never spoils.* Hanky ma etay occasion about Ms p-tition.
I saw Mr. Damen the Mtentey. shoat it. I left • hill for
1411. sad 91. in sentasy with blur, whirb WY to be banded
over • Mr. Homy If the petition aucceeded. The hi/1 ter

14U. was my own. I wr anxious to have the cowpony
ward up, sad that wee the rostra I made the deposit.
Mr. Rodirgh—Frolawboos did you receive the
Mr. Berger objected.
TM Cowasissioser-1 don't think it to material, bat se the
serer of going to mother court is so frightful, 1 shell allow
thvia=le le pet.
I got the bill from Mr. Isar Hatt, M.P. I got
it for money ohm wee lent by me to Mr. But', or rather to
his attest. After Borsley's petition wu dismissed, I got the
WI back from Mr. Downes. and t egMlned It. It le not yet
dr 1 weer said that If I saooeedad in the snit Ire to
Mir. 1 know Mr. Ilsonsmara, the sarager of the
()melbas Company. I have never had say comma-
ration with him ,on the subj.:it of this ratios. It nor
through Mr. Argies that I knew Mr. Macnarnars. I got the
information that the company was losing 261. a week from
Mr. Lucking and Mr. Hatton. I know that three sr four
szecutior at the suit of the crown were levied aphid the
company last yew. I cannot give the dates. I don't know
irbstber It was at the renning or et the end of the year I
herd It from Mr. Norton, my own solicitor, who said he *bed
tt from Mr. Illomea. (A laugh.) I have not seen the stook
of peovesdsr, and crept era to the snort. I know
notbiag about ft. I bar put it down to the boot of lay
belief, guided by the bnce-rheet August last. I
believe it is not of the value of MX I have men the
vas at work. I have seen the horses at work in
the street. 1 maw sore in the stable et Stoke N
Mr. Norton told Er that they owed Morteridge lettarty
Illisey. Mr. Looking and Mr. Walton told me in Jane lest
tint a large arm= weeder to Mr. Caitlin. Mr. Most., or
his de& told me that the company eyed upwards of 1,0001.
on tiebestares. I valued the omnibuses se they wen woekhei
I. the ewer I ermined thirteen of Awe very minutely.
I have bees told that they coat 1481. each. I would not
give a shallag for theca ; but a fair prim for the company
raid be 601. each. If sold th would bah much less.
Or thin I know Is, they will knell the cattle.
Me. Lewis, reporting two of the principal shareholders,
wished to put some queedone to the wawa
Mr. &rood objected.
Mr. Rortorgit said it was the uniform practise be the
Cosa of Crmosry to
_hear any of the shareholders.
Hie Hoerr slred the piastres to be put.
Wilases—l re not acquainted with omnibus work bears
the sontray_ccremenesd. They tern working en Beater
1817. A fair allowsnoe for depreciation of the
worlds. stock per annum would be 16 or 20 per net I
crest say which. lam scareely oropetest to give s.a.mt:
slaw I should say about 20 per coat., 'oaring
stork and everything. This refire to omnibuses, of th.erw7
awry deraption, not the "Saloons." Upon an average, I
dos t think that eratibus hones live rows than Are or ale
yeses. I have known some live twelve or thirteen, but I
think Ave or sr years is the average. I have bees told
es by a great many pradical men. The redraw
may last longer, but the repairs alone will and
rusty par mat per annum. Though kept In good
repair, they would sot be worth the erns as whin
sew. I other estimate the permanent depreciation. The
cost of the Sabra omnibus', made by Mr. Ayehlord, was
1481. each. I don't believe he got that amount. He took
bills of
have erhanteakom the conspauy, and hat to get theta
dirounted. T h the onsittres bra only two
yews in work, 1 they have depreciated from 1481. to
601. or more; for wpreearl run would ever nee them after
knowing the deshu they have mused and must
tably mess to the ears. Tr construction is the worst that
could rangy be. They sill larger than the ordinary ore ;
there a greet deal of chonlez work, which is mere rpm-
sive ; the two door taresthe mirror the weight is
chiefly behind ; sad the weight of the emnibus is drantedve
to itself se well es the settle. A year ago I valued thew
oesalbres at 801. each. I should think the depredation has
been 100 per eat. la the lest year, suppriog they wen sow
to be sold.
Mr. Lloyd Joao, WA, Hint -court, examined by Mr. Pr-
burgh—l sea en sorrow. I have not done amok fa, the
hat Ave ran. I have been an arountant and valuer, tad
anceetary to • public company. I have beer sopped by
Mr. Downes in special matters. I formed y aria on bed-
NIS extaosively as an auctioneer. I have aa income from
freehold property. I was employed by Mr. Downes in the
irks brought for Howley against the oreapeay,aml ti
Ikerders petition. Iwu interested la takiaLeay boldness
to Mr. Downes, and I introduced Horsley to a few days
hare the demand was made by him on the company. If I
met say person who bed a matter of law or debts to recover,
I should take him to Mr. Dower because I should berth
by It Mr. Downes would have made it worth my while in
money.
The Commissioner—He would give you some compere-
tbs.

*itasese—There was zio pramiee.
TM Commiesloaar—Too mputed he would?
Whams—Yea, that he would do to se so holoarable mow.
It is customary. Mr. Dowtea wee to recover Mr. Bentey's
mousy from the amply If he mold. Borakry did mot rdse
at that time to tab promediese =ler he was gessaateed
cos's. Ido wee know wit•thwr It was =pedlar Dowses who
migrated a prides. (A letter was then road [ma Mr.
Dolmas to &relay ',miss that the latter should pay 10 per
et. as the sum a:covered from the compesy.) lid/. was
deposited with Dowses. I undetet:.od it was provided by
Hawidas.

—lir. Roxburgh—ll Botilsy was to pt 1504 what were
yea to get P
Witness— I should like to know that.

Mr. Roxburgh—What wog your ladneemeat?
Witeees—l here already mid I trusted that if Mr. Downes
got the winding-up order, it would have bees worth his
while to have remunerated me. I mama of the promoter, of
She company. I was local spent for the Royal Agricultural
Society of England. I have bred numy horses, and goad
ones. I know the value of land as well aa any mot is
land. I was in the employ of the Saloon Company ca
natty. I brought en attics simian them. I claimed
more or lees. I got 301. or 401. My cousin, Jobe,, who was
sandlot to the company, told me that they had got no mousy,
sad were in the greeteet difficalties. Be mid if 1 got a larpr
sum the 301. at 401., it would Juju', him. My main bee
Ms Boologare some time. I hold flee Aare' in the co s-
pay. Ido not think I ever offered myself ea manager. I
ins employed by the London General Company on one oar
eke when they were applying for a treenroed from
Paddington to the City. If the bill bad been got I should
bare had something to do with the Ofrlfylmg. I was ens of
the parties who were proceeded agolost lee onspiracy. I
had es moilonser's game for three or km yeses, end bed
sonslimes Eve 'elm a week. I valued the mailmen of the
empsay at abate M. mob, or Intl. lia. I have eudesvourol
is mite the scespeny basest by prednefog ecomots. The
Merton ere Mr. Pope end the solicitor. There he. only
been one meeting lately, and that wee held with timed dom.
They lavelgied me oen of the mom, and then would not let
me in. They bed some comet, I 'oppose, which they did
tot wish to be known.

Mr. Ayehfore, the builder of the omsibusea of the out-
yen y, deposed that the vehicles. which had wet 148!. each,
would not sell for more thee 601. each. The patent wu
vorthlue. The anzebusee weighed 27 cwt. He believed
the company to be quite insolvent, and that they were working
at • low

Crose-examlsed by Mr. Lewis—l was one of the damp
dews to the premed/as filtemtapirsey. I sold my shares to
lie. boom, of Hasimersoildt. The omnibuses have de-
lled in vela% sad the tettelple bee failed as well. Moos
was amployml by the Saloon Company I hare hen
omnibuses for the Lowden GlOrta Company and otheremak.il
may have received 1,0001. from the Saloon Company fur is.
pairs ht three mouths.
By Mr. Roxburgh—l have had ao opportunity of ass.
raisin the omnibuses, etzespt se I maw them in the street.
Mr. Gower, monibas-beilder, of Strativa, and other wit-
names, wee brudy examined al to the value of them co-
Pati
nt. clamed telwotwitY.he ease for the petitioner, end the further
Wain we. adjourned till this day.

toned Is Monet abe mind the bag of books. The prisoner
was, bewerer, sieray afterwards elm foto meted, by
Ocasinel, 17711, with the property In his presewion.
The Jury fort= Me rivalry, -led two former convictions
=Mails= proved spine him,
The Claims& semsooed him to 3 ayarn' penal serritude
lamaltobinten,3l, was found eiraty and sestemed to
ma ninth's herd Mm for orsoltilop Mary Beldam's at
Hingstoo-on-Thente