The Express.
London, England, 1861-11-29 00:00:00

THE EXPRESS, FRIDAY EVENING, NOVEMBER 29, 1861.

tabu inttllistrut.

, turned at 16,5311., and the failure was attributed "to the
larm per onstage charged upon obtaining money on my
reversionary interest and being arrested and confined in
memo." The debtor, a Young man, petitioned the court on
the 7th of November, and on the 13th, having complied
with the provisions of the new act, obtaiued his release
from prime. He now drove down to the court in his carriage.
The proceeding of taking proofs of debt Wes merely a
formal nutter, and was conducted by Mr. Lewis, of the
firm of Messrs. Lewis and Lewis. of Ely-place.
Mr. March. the clerk to Mr. Edwards, the official assignee
said he had been unable to find the bankrupt since the
former sitting. and asked for his present address.
The bankrupt said that it was at No. 110, Jermyn-street.
It seemed that there was no creditor prompt willing to
become assignee, and consequently the "estate" vote in
the official assignee. The next sitting is flied for the 13th
of January, at 11 o'clock, to which day the bankrupt's pro-
tection from arrest has been extended. Should he then bays
filed proper and true accounts, and not been guilty of any
of the offences enumerated in the new Bankruptcy Act, he
will be entitled to his order of discharge.
Mr. Lewis said that there was an application by a mort-
gagee to bid at • sale. The bankrupt was entitled to a re-
version in 15,0001. • year. and the property was advertised
for sale on the 4th December. There was no creditor willing
to become assignee, arid the creditors' interests might be
affected if the mortgagee was allowed to sell.
Mr. Froom said he appeared for the second mortgages,
, who was anxious to bid if he was allowed to demo.
The Commissioner—The question is, is the mortgage
before the court, and have I power. 1 suppose,m • mortgage
has been given, the Kale wilt proceed in the regular way.
Mr. Froom said that he believed if the reversion was sold
properly it would realise more thin sufficient to satisfy the
debts. He was willing on the part of the second mortgagee
to take the risk of the bidding.
The Commissioner-1 do not see that the matter is under
the control of the court.

CoCRT OF COMMON PLEAS.—Nov. 28.
SECOND COURT.

Sittinp at Nisi Prins in
.31i1dIssex.—(Before Mr. Justin

Wlilea rod a Common jury.)
TAPPIN L. NUNN-13113ITTION.
Wantioued from yestanlay's Ex press.)

Mr. N Min detail.d the circumstauces relative to
his paying the plaintiff*e daughter money after else became
in the family way.
Craws-examined-1 am a brazier sad a tinman ; and also
make ships' lamp... My friends call me Captain Brawn. (A
laugh.) I have left ulf going to the Eagle—almost. I was
there last night. (Laughter.) I was driekiug there. If
youngest child is 16 nionths old. I had two friends with
me—one of them named Sheridan. He was a detective,
but now he keeps • grocer's shop in Sydney.street.
Mr. Have you not employed Sheridan to
get up the cm!
Witness (with hesitation)— Yes. My other friend was
Mr. Clanl.o. ll.' is a broker and not a detective. I went
to the Eagle List eight fur fun, not to get witnesses. I
think I was at the Eagle on Tuesday night last. Well,
I will say I was there. (Laughter.) Mr. Clayton, but not
Sheridan. was with me. I was there with Clayton on
Monday night also. I was not there on Sunday, bat I was
on Saturday.
Mr. Huddleston—Why, you are always there. (Laughter.)
Witness Knowing this gill was a prostitute, 1 went
there to,get information. I might have ordered three
bottles o. sherry on a night there, but not ten. The last
time 1 had «smear.° with this woman was three or four
months after her cootioement. My friend Mr. Jamrak was
Captain Alabagh, and Romulnirg was called " Boatavraia "
—(laughter)—at the Eagle. The paper that the plsiatirs
daughter signed is torn up. It was simply a receipt, pro-
mising not to annoy me any more. Mr. Davey was with
me when it was taken. He kept it twelve months before
he tore it up. I have been with other girls from the Eagle.
Ile examined—Ho demand was made upon me for the
support, of the child. and today is the first time I have
seen it. My friend Janirak first called me Captain Brown
Am mere ago, and I christened him Captain Alabsgh. I
sever represented myself as being a captstn.
Mr. t, barl ea Jandak —I am a German, and a dealer in
natural curiosities. (A laugh.) I went with the defendant
to the Eagle Tavern first ou Feirlop fair dsy, about three
years ago. Wert down to drink, sad half-a-dozen persons
came to us.

Mr. Lewis intimated that he thought it was essential
that the order should be made for the benefit of the whole
of the creditors.

Mr. Froom—The mortgages on the life interest are only
9,000/., and if sold at a disadvantage it would produce
23,0001., and probably, if at an advantage, 20,0001. or
27,000.

_
The CommiesHooper' again maid he could make no order,
whereupon Mr. Froom retired, expressing his determination
to bid at the sale at any risk.—The matter then dropped.

RI TWEE NC4RIStIiN.-THN DEPONIT BANK:

_--....—. -....-.
After numerous examinations with a view to comply with
the requisities of the act of parliament adjudication has at
last been made against Mr. Peter Morrison, the manager of
the defunct Bank of Deposit.
(Before the Senior Commissioner.)

Mr. Serjeant Ballantine—Were they ladies or gentlemen?
Witness—They were girls. (Laughter.)
Mr. Serjeaut liellantiue —Neither ladies nor gentlemen?
Witness—l don't think they were ladies. The plaiotilra
daughter was one of them. 1 saw her frequently after That.
the was dancing with different people. '&11 always cane
to our table to be treated or to telk. I was at the tad',
.rays..' at Levy's at Christmas. The plaintiff's daughter
was there at our table. She was there till two o'clock,when
she went away with my friend.
Crose-ezananed— We called one soother captain because
we did not want to be known at such a flap—(s laugh)—
but I never knew that I was tailed Captain Alabugh.
Mr. Iluddleston—Alabi would be a more suitable Dame.
(Loud laughter.)
Mr. Julio R. Kemp—l teach dancing, aid am master of
the coremonies at the Eagle. I have known Eliza 'Elwyn'
four years and a half. Before going to the Eagle I was at
the lintangia demure saloon fur four years. Hint knew
Eliza Topple at the Britaunia. She came there with other
giris to dame with gentlemen. I also saw her at the Eagle.
I have hese at the Eagle for three years.
Cmwesainieed e had 30 to 10 females of a night at
the Britannia, and at the Eagle there are smaetintee 800
people.
hl r. Huth/lesion—Do you Imo, Captain Brows!
Witness-- I don't •• Brown" to that. (laughter.) I know
Mr. None sow he is pointed oat. AU Idois to see that
I people behave in the hall. room with propriety, and if they
do not I show them the door. (The witness could sot
Jauntily Elise Tappor until she was placed in • arum
light, eayirig that the canes was that samathing wee
thrown is lue eye whilst gong home last sight, which
had injured his sight, and from which he was gamin severe
pain.
Mr. Maddock, the mouptaker of the Nis Tavern,
said—Tbe daseiegveom at the Eagle was.built about six
years ago. Elise Tappie first came there about live year.
ago, sad from that tune I saw bar frequently. At lint
her visit. wen sot so often, but afterwards she cute Au
cc sin finals • week. She associated there with wanes of
her clam and with gentlemen. About three years ego we
pre her free admission to the bell-room. She gave her
same Elias Tappie, and in answer to • remark of Mr.
Hayward she said, " Ah, you knew me whoa I wee a
good girl."
Mr. John Williams-1 am bead waiter at the Eagle. I
recollect Eliza Tappia attending the gardens from three to
three years and a half. I have seen her drinking with dif-
, fount gentlemen and associating with gay ladies.
Cross-esszeined-1 have known Mr. Nunn there about the
sues time. I sever knew him called "Captain."
Mr. Henry Ramielourg—l era • general outfitter. I we.
at the Eat:. Mr. Ness on the Fairlop Fair eight la
1801. I neatly saw Eliza Tappin there drinking Wen
Christmas, 1
Mrs. Hyatt —I keep the cloak room' at the Eagle. I re-
siusber Mr. Hayward asking Eliza Tipple if she knew who
the father of the child was, and she rid she did not ; she
wished she did.

The bankrupt, Wiliam Armstrong, was • dealer in oolo-
nial protium of No. 42, Futcheap. This was an examina-
tion meeting, and application for an order for discharge.
The statement, prepared by Yr. F. B. Smart, shows debt.,
1,3.561. ; and aunts, 3761.
The bankrupt admitted that he had been in partnership
for some months. The firm suspended payment in February,
1861, but showed 19a. 6d. in the pound, of which 13s. 6d.
had bean paid.
It wan urged by Nr. Bagley, an behalf of an opposing
creditor, that the accounts were unsatisfactory, and that the
application ought not at present to be acceded to.
As adjournment wu ordered.
BZ DAVI&
_ _ _ _ _

The bankrupt was • Tarrying on the Brontfoad
This was an examination meeting.
The talanoe•sheet shows :—Dr.: To creditors unsecured,
10,0661. Os. ltd. ; ditto holding securit, 19,0871. ss. ; liabi-
lities. 1,0581. 14a. 7d. ; capital, January Ist, 1860,
8,9431. 70. sd. ; amount received for goodwill of hmomis
and my dare of profits on dissolution of partnership with
H. Levy, Kay Ist, 1860, 2.740/. ; total, 41,834 L 7s. Ild.
Or.: By debts n good, 301. 10s. Rd. ; doubtful, 1701. 18s. ;
pvepsrty, 1,7941. Us. 9d. ; ditto, in the hands of creditors,
17,7414_ 98. ; axampiod adults, 201. ; Imes, 7,116/.
10a. 6d. ; intermit, 14121. b. N. I trada.expores. 1.4961.
Is. 6d. ; domestic, 9.71 L 7d. f nobility par eosin,
1,058/. Ila. 7d. ; total, 41,8911. 7s. 117
It apprised that is oos.equesa II the laavy nature of
tie rosoosta Nr. wi11.... pfatmar, lto asanatast. bed osly
mostly Ala they, and an adtiontood bassmig wow
wry, ft was adored to So a/ Jimmy hut

CENTRAL CRIMINAL COURT.

OLD COURT.

(Before the Cloutj
Aldo/pima Mouton, 32, as Weekmenefler mesa was) aboard with
feloniously cutting and wonted* Heart' Berryman, with
intent to do him grievous bodily Una.
It appeared that the prisoner was • soma ea board
• Brits h ship called the Kilo, sod the ;commenter
was the brother of the captain of that easel, which
at the time of the occuroses was ea • voyage from
Liverpool to Cuba. On the Mk of Nay it appeared that
another black seaman on board the vessel, of -the name of
Pratt, had bees putty of some sealed of duty, for which the
captain of the Milo ordered his to be handcuffed. He re-
sisted, sad the yaiscaer seeing what was going on, inter-
fered, and told Platt 'sot to allow them to put him in
irons, and he made us of very bad language. The cap-
tain ordered him to go to his work, bet he refused, and
an order was thee given that be should himself
he put in none. Upon this the prisoner west
into the forecastle and refused to come out, and
when the prosecutor and some Oben of the mew endea-
voured to force him out, he stabbed the prosecutor in
the hip with • sheath-knife, and inflated • somewhat serious
injury upon hum. In the counts of the case it was elicited
that there was a good deal of violence exercised towards the
prisoner before he made use of the kola, and that the
prosecutor had made up a sort of , as he said, to
protect himself, which was composed of pistol bullets
lashed to snug, and be would not say that he did
not strike the prisoner with this formidable
weapon before be was himself stabbed. It was
also admitted that while the prisoner was in the
forecastle, the captain fired at him several times with •
revolver loaded with peas, but it was said that this was
merely done to intimidate him. It likewise appeared in
eross-examiostion that when the Milo arrived at Cubs the
prisoner was taken on shore and impritmed, and after this
he was sent on board handcuffed to be taken back to
England upon the present charge, and as the vessel was not
going direct to Eogland, but coasted about for two or three
months, be was handcuffed altogether for nearly five
months, but the captain mated in explanation that this we.
not done of his own authority, but by the direction of the
consul at Cuba.

Re-examined—l did not hear her say this. It was Mr.
Hayward who told me what she had said.
Mr. Hoary Hayward—l formerly kept the Eagle. I ham
known Eliza Tappin may years I have seen hula the
dancing-room for the last two yen sad • half. My wasp
taker ietroduced her to me, and I was surprised to sea her
there. I told her so. I gam lee a season ticket. I said I
had knows her when she was and, and she said. "Ives
• good girl, thee." After her eriefieemeet„ I spoke to her
about beiog out so soon after Is. She said she was obliged.
She maid she did not know who was the father, sad some
girls round said she would like to know.
Mr. Justice Wills, at the eonclusign of the defendant's
I ease, said that he should leave it to the jury to consider
whether the defendant was the father of the child, and
should tell them that if the evidence did not satisfy them
of that—even though the defendant had illicit interoonne
with the young woman—they must rind for the defeadrial.
If the jury should end for the plaintiff with damages, he
then thought that be ought to act on his own impression by
directing • nossuit, and giving MeHuddieetoe leave to mom
Mr. Berjeant Ballantine, in • humorous speech, ridiculed
the potion of any supposed likeness between the child and
the defendant, sod said he bad no doubt that the child was
only brought into court in consequence of his learned (rind
seems that his case was in danger, and whispering, " Brim
the baby." (Laughter.) Why there never was • baby that
was not said to be like its dear papa, and he had no doubt
that some people would go so far as to say the runs of
• blact baby and • white papa. (Reoewed
laughter.) Ile would state a circumstance which be could
himaelf vouch for the truth of, for it occurred within his
own krowledge. Malty years ago be was before Mr.
Broderip, the magistrate, in a ruse of affiliation, and evi-
-1 donee was given on Loth side'. They made the supposed
father pay, of course, because they always did. (A WO.)
Afterwards the magistrate railed him (Mr. Ballengee) to
him and said, " I was much impressed with the evidrx•
for the defendant, but when I looked at him and saw the
extraordinary likeness between him and the child, I could
not help affiliating it." (Renewed laughter.) Now, the,
odd thing was that it was the attorney's clerk and sot the
defendant that the worthy magistrate bad been looking at.
(Roars of laughter.)
The jury, after considering the matter for • short time,
said that they were unanimously of opinion that the de-
fendant was the father of the child, and they eineesed the
damage. at 25i.
I u answer to hi lordship they added that they did not
thick that them was what was popularly called • seduction,
His lordship, alter some little discussion, add he would
consider I. what shape the case should be put, for the pen
pose of taking the opinion of the fall court upon the
isaUer.

Bibton, in his address to the jury for the prisoner,
said that be felt considerable interest for him, as he "-
from the slight communication he had bad with him
rb7d•a very intelligent man, and he believed that be had
sustained a good deal of ill-usage at the bands of some of
the people on board this vessel, and that although he might
possibly have inflicted some injury upon the prosecutor
he had been already quite sufficiently punished. He
said that be could nut of course deny that the captain
of • vessel wee entitled by the law to use
reseonabie means for the preservation of dis:ipline, still the
jury were perfectly well aware that these unfortunate black
men were very frequently treated with great cruelty by
their captains when they were at sea, and according to the
pnsoner's statement he had been very much ill-used, and
it was quite clear that be must have suffered • great deal
by being handcuffed fur so long a time.
Mr. Baron Bramwell, in summing up the ease to the jury,
said it was not his :totem to make complaints against persons
who ware absent, and unable to answer for themeless, but
on the present occasion he c nild not help saying that It ap-
peered to him that the authorities at Cabs, whoever the
were, had done very wrong in sending the prisoner back
to England in the vessel upon which the offence was Com-
mitted, and particularly when she was not going direct,
but had to coast about for two or three mouths. It was
also hi his opinion a very improper proceeding to keep the
handcuffed for so long a period, and it was no
=tilkeeintioe to say that it was done by the authority of
the consul. The leaned Judge then proceeded to flier to the
facts of the case, and said that if the jury should have say
doubt as to whether the prisoner intended to do the prose-
ester grievous bodily harm, they would be at liberty to
lad him guilty of unlawfully wounding only.
The jury, after • vet), short deliberation, returned a ver-
dict of Guilty of unlawfully wounding, bu at the same time
recommended the prisoner to mercy on account of the long
imprisonment belted already underjone, and the treatment
he had received on board the vessel.
The learned judge in passing sentence told the prisoner
that whatever treatment be might have received, the law
of this country did not allow use to be made of • knife,
and he hoped be would never again be guilty of a similar
act. If he received harsh treatment he must put up with
it till his vessel arrived in port, and he could then always
obtain redress by appealing to the proper authority. He
then said that upon the recommendation of the jury and
the other facts in the ease, he should only pass • lenient
sentence, which was that of imprisonment and hard labour
for out mouth.

COURT OF EXCHEQUER.—Nov. 28.
Sittings at Nisi Prins 4 Westininster.—(Bete,. Yr. Berea
Marti' 441 a Special Jury.)
The court wirsi occupied the entire day ii Use trial of as
woos la which th., plututiffe to recover damages foe
the rouble, dawn of Urea berg., on the Thames. The an*
was not of the slightest interest, except to the parties cos-
corned.

EXCHEQUER CHAMBER.—Nov. 28.
Sittiop in Error.—(fiefore Justices Wiegman, Crompton,
awl Blackburn, sad Bayous Channel' mai Wilde.)
MARSHALL r. THE BISHOP OF IXETIUL
On the application of Mr. ICaralake, Q.C., and Mr.
Coleridge. Q.C., who were engaged in this cam, the argu-
menta were onkred to stand uver until nest term, when
the court would ni.ke provisions in appointing the sittings
to allow of it. being fully argued. It was stated that in all
probability the arguments would last four days, sad moldy
two days had beep appointed for taking the errors from the
Coniniun Pleas, it was ii.iposaible to proceed with it this
term.

NEW COURT.
(Before Mr. Justice Byla.)
Jolts Corps Smith, 3d, jeweller, we. arraigned upon two
indictments—or for not surrendering to his order of bank-
ruptcy, and the other for fraudulently removing goods of
the value of 1,0001., with intent to defraud his creditors.
The prisoner pleaded not guilty to both mdictmerita.
Mr. Serjeant Parry (specially retained) appeared, with
Mr. Tindal Atkinson, to conduct the prosecution ; and Mr.
Metcalfe attended for the defence.
Oa the pleas being recorded,
Mr. Serpent Parry applied to the court to postpone the
trial aril the first day of the next session. He had con-
ferred with his learned friend op the other side, who mu
willing to acquiesce • Weed, the postponement would be
convenient to all rides.
Mr. Justice Byles inquired of Mr. Metcalfe it he, an
the part of the prisoner, assented to the application?
COURT OF BANKRUPTCY.—Now. 4g, Mr. Metcalfe replied in the affirmative, upon which
(Before Mr. Commiericreer Iloboyd.) Mr. Justice Bytes granted the application for a poorer-
as RICHARD 8111)1•Lrf 1181111 DAN. lOW toile art session, but declined to 5x the tree wiles
This wan the orat iatatjes far the Feet of dewe sad the ease should come on, ommiderieg, as he did, tied the
choice of en raisins under the bankruptcy of Richard lwrsalumogis for each session should be left to the Juba
Brinley Sheridan, who is related to the Sorrier and • who might Mak
Poltirnere families. He was described r formerly of the • The mwe.wm mwma_. ingll Imotlmood generally to the Wait
Angel Hetet Market Harboreogb, then of hong's Hotel, . "WOO, MI MO Puma wea removed from the bar.
New Isesisteest, sad for sight .oaths a prisoner for debt Seared nosier Gifford, a letter-carrier, who had pleaded
is the 4111104 Reach Prier. Her total liabilities are re- guilty to as imbelerst for *Alfas • post letter emitairog

ROLWTON V. SMITH._

This was a case with reference to the infringement of a
patent for printing cotton goods. The details were of a
purely tochuioal character, and of no interest to the general
feeder.

BrsHIERE or THE COCRT.
At the sitting aptwinted for next Thursday Miami,
onl)• will be delivered.

COURT OF PROBATE AND DIVORCE.
Nov. '.28.
(Before the Judge Ordisary.l
HOfthrin V. DILIIISON.-14PFICIAL
This was s mitamestarm suit relstiog to the win of Yr.
Williams Denim" s osatiscam, lately residing at High_
porn. Dear Portsmouth. It appears likely to occupy e
coosiderable time.

a sovereign, wu brought up for judgment and senteneel to
three years penal servitude.

from Lis month after his denial of the fact, ho did say the
assertion was ho. The cotuplainaut, however, could not
complain mob if he chose to doubt and disregard the
afaertion of u geutleniao, and therefore give the lie infcren-
thdly if he received the lie direct..
M ituesses were called, whose testimony Lore out the
statement of the lamed gentleman. Some of the wit-
meow" all the tone of the complainant in the first iustauce
was like that of a person in authority, cud emphatically
denied that the defendant had made use of any disgusting
expression.
Ur. Elliott observed that when a person was seen with a
short pipe in his mouth it was but natural to infer that he
was smoking, and he did not see the impropriety of any pas-
senger :caking him to put the pipe out. The laojuage of the
defendant was calculated to lead to a breach of the peace,
and he must therefore put in bail for six months.

THIRD COURT.

(Before Thomas Chambers, Esq., Q.C., Common.Serjeant.)
Mary Ana Hollis, 38, hawker, was convicted of felo-
niously wounding Mary Stanley, with intent to do her some
grievous bodily harm.
Mr. Vickie prosecuted.
It appeared that the prosecutrix bad been the principal
wituees against certain companions of the prisoner, and that
ou her evidence they had been convicted of felcny, at a
recent Newington Serious, and that the prisoner had way.
laid and committed a savage assault upon her with a mur-
derous weapon, which was produced in court, something
like a butcher's steel, but longer, with which she stabbed
her down the bead, inflicting serious bodily injuries.
The Common Serjeant sentenced the prisoner to twelve
mouths' imprisonment with hard labour.

FOURTH COURT.
(Before the Recorder.)

Moses Penhld, t 3, shoemaker, was indicted for fele.
'dandy killing and slaving Sarah Penfold, his wife.
Mr. Cooper prosecuted, and Mr. Best defended.
The evidence adduced disclosed that the prisoner and his
wife lodged at No. 3, York-place, Pitt-street, Old Kent-
road, and that as the 12th of November instant the land-
lady, Mrs. Jams, was attracted by screaming and quarelling
in their room, which she entered, and found the wife lying
all in a heap behind the door. The wife stated that her
husband (the prisoner) having refused to give her an
breakfast, the had pulled his hair, and he had struck
her • blow which had knocked her down. Me
seemed in great pain, and was removed to • neighbour's
room, and remained there for some time. The prisoner then
was very kind to her, sent for brandy to relieve her, and
applied • plaster to her side. She was then taken to her
own bed, out of which she, however, fell, and died on the
following day. A post-mortem examination disclosed that
the spleen had been ruptured and had caused her death. The
medical man attributed the rupture to a heavy fall, tensed
by • blow.
Mr. Best addressed the jury in an able speech, contend-
ing that the injury might have been caused by the fall out
of bed.

The jury found the prisoner Guilty, but recommended him
to mercy, and the Recorder sentenced him to eight mouths'
imprisonment with hard labour.
The courts stead adjourned to If °Way, the 16th December.