The Express.
London, England, 1857-10-30 00:00:00

UNITED STATES.

The United States mail steam-packet Fulton,
which left New York on the 17th iastant arrived

yesterday at Sonthatupton, bringing 60,000 dollars
in specie for England, with New York letters and
papers two days later than thine by the City of
Washington,the news obtained by which has already
e New Fork Herald of Saturday, the 17th in-

Mani, says
The Supremo Coot Judges of the lot and meted judi-
cial districts held a meeting on Wednesday and derided to
grant no injunction against the einipssdad banks except in
oxen where it was apparent that frond elated. The judges
determined that a bank is dimly mama when it is able to
pay all its debts, and that when the cams of esivent bloke
we acting in good kith no receiver shall be appointed. The
fact of a suspension of specie payments is not • mod of
fraud. In oonesquence of this action, later in the dsy,
Judge Roosevelt denied • motion far SD order citing the
Bank of New York to ahoy came why a maim at that in-
stitution should not be appointed.
The publication by the justices la accompanied with the
follewhig eerui-judicial paragraph:
" It le understood that in the army of tbdr consoltalion

the ;nig.% were of opinion that it simitted of past doubt
whether the clause in section 6 of article 6 ofthe easslitaties,

prohiri;ini7h; 'passage— —Jetty law sanctioning In any man-
ner, directly or indirectly, the suspension of spade payment.
by any person, emendation, or corporation, mike to any lie
Nifty of such an amocadon or oceporatioe, titr then teak
bills or note*, which are by statute to deculate ea money,
and for the payment of which the faith of the state is
Pi4deffnancial hurricane ha. exhausted itself. and the re-
action has commenced. It was very perceptible in Wall-
street on Thursday. Stocks advsnoed, end the banks are in
buoyant spirits. Flour also advanced ; in fart, everything Is
on the rise. There has not se yet appeared any authentic
announcement from the governor upon the application
of the lea s for an extra session of the legislature.
It is pretty well understood, however, that ha will act
compl-with the request of the beam, as it la considered
that the action of the Supreme Court Judges supereides the
necessity of any legislative intervention. There la consider-
able discussion sa to the consequences of the suspension to
the banks. It is stated by an
tim _Albany paper that by a pre-
vision of the beak law, rdemed to and recognised in bonds
and mortgages deposited in the banking department as sem-
tithe foe the redemption of bills, such mortgages become due
when the bank refuses to pay specie for it. notes Six
millions of dollars secured by bond and mortgage in the bank
department became due and collectable on Thursday. Sup-
pose the bills of the suspended banks are sent to the depart-
ment under proem; aathem six millions of bondsand mort-
gages—for which the superintendent can receive only specie
--are offered for sale, how far would the proceeds, in the
present state of affair", go towards redeeming the Dotes ?
The Albany Journal says:
The failure of the bank. this State to maintain spots

pa;;;;;;in:We them, in Mama days by one process, itied in
twenty days by another, should creditors penned sonnet
them, in the hands of the Bank Superintendent, and thence,
if Judges deem it to be their duty to act, in the hands of re-
ceivers. In this condition all their business functions an
suspended. These stringent provisions and this summary
proceeding ate presumed to be founded either in the actual
insolvency or &sudden acts or intentions of That
any considerable number of our banks would be thus pro-
ceeded against is not at all probable; but yet their exposure
and liability to such proceedings would necessarily paralyse
them all, serving in effect to deprive the eannuonity of the
facilities usually derived from banks while in suspension.
Another consequence--and a most startling conrequence—
is, that when the notes of hanks come to the department
under protest, the superintendent is required to proceed to
seU then securities, applying the proceeds, pre rata to the
redemption of their mrculatson. Poe these securitieM he can
only receive gold and silver. What such ItCOTltille will
bring, and bow far the proceeds will go toward redeeming
the circulation, remains to be sees.
The following is from the New York Times of the '1
17th instant :
Friday, Oct. 16, p.m. I
Most of the large banks that held their discount boards this
morning wen liberal to their driers. Three of the old
Wall-street honks are repotted to have scoepted nearly the
whole of the drains, to wit the America, Union, end
Merchants'. The American Exchange and Metropolitan did
a large business in the way of discounting. They fortunately
happen to be better supphed, from their recent position r
exclusive redeeming banks, with currant funds in the irhepe
of country bank-notes, unavoidable in attire trade until the
new seningement at the Clearing-house. This arrange-
mod is now perfected, and the Metropolitan Bank made the
common depository of the surplus or memo of New York
country bank-notes on the some terms and represented by the
same form of certificate, as the Bonk of America holds in
it. vault the gold of the smeciation. The plan is an
admirable one, foam its gnat coevesience and per-
fect safely and simplicity. It virtually renders the
notes unemployed of all the banks of the city and state of
New York, equal, for all ordinary trade and banking pee-
pers', to the reserve of specie. And nearly the whole of
than none being actually and undeniably secured at the
bask t by • pledge of st stocks, the genre
as near to gold itself sat is possible to render
currency of annals in a condition of temporny napes-
don of specie payments. The public are mat. with it. It
will Wind timely aid to our internal commerce. It relieves a
praline which had become too Intolerable to be longer
borne. Nine-tenths of the city banks on content with it,
and the other tenth find the true interest of their
&e'en, and consequently their own bills diaeounted,
to sowed with tt. If any of the country banks
should presume upon it to inane* too tepidly or
ineautionly, they will find themselves in a worn embarrass-
meat than before the suspension, and without the apology of
a public necessity for it. Their circulation, based upon the
pledges in the bank deportment, cannot be inflated with int-
, pointy. These pledgs are of two classes, an average. of two-
thirds in New York Stag s, and a few millions in bonds
mid mortgages. And an of three were marketable and equal
le hard cash through the Itirdeet bids of the late preesure.
We bear, %Erectly, that the bonds and mortgagee moistly
withdraws
withdraws by the return of circulation, found even a readier
market in the country than the Stets stocks in the city, being
taken erignelly at the department on a wide and secure
morgin. Most of the remaining Safety Fund Banks are
among the motrudently managed in the state, several of
them on the Hudson River who have always redeemed at pr
in ibis city, like the Westchester County Bank at PeekakM
The appearances of relief in money admire noticed yeeter-
dsy as growing out of the above arrangement, are gradually
on the increase in ell departments. They are most prominent
on the Store and the Corn Exchange, and lent felt by
parties nryeotiating mercantile paper outside of Bank. The
Foreign Exchanges are moved with more freedom, but the
Ord drawn in rates after the suspension are not sustained.
There are buyers at 100 to 1024 on London. A leading bank-
ing-hone petted some credits to-day at 11124. AA drawers,
this and other standard bankers were asking higher rote., bat
doing nothing. The facilities in the way of DOIsIORtie Ex-
change and hasten and Southern Bank-notes are gradually
increasing. The terms on Baltimore, however, are less favour-
able than yesterday, say 95 to 96. On Philadelphia there's on
improvement, 974 to 96, Boston, 974 to 98' New England
bank-notes, exce;Rabode Island, 974 • Rhode Island, 95 to
96; North Carol 94; Ohio, 94; Virginia, 95. The bud-
Itele In gold to-day large. The California packet delivered
1,303,000 dole. on San Francisco account, and 281,000 dela.
from Havens. The latter came very acceptably to some of
the Spanish firms, when sugar payments are maturing this
week. Most of the holders of California drafts presented on
the blinkers took checks current at bank. In other instanced,
gold wee paid out. The quotation for gold to-day is to 1
per met. premium, buyers, and 2 per cent. sellers., the war-
iest go unreliable emu for the small minium offered that a
noel many parcels went directly into bank, on special or
I=accounts. Then were no important mercantile
rl
reported to-day, but we regret to announce that
another of the few remaining Domaine Exchange Basking
arms, of long-established credit, suspended payment this
afternoon ou the drafts of their Weseern corespondents. We
allude to ilesara. Winslow, Lanier, and Co., until moontly
a peadment hones in railway negotiations. Indeed they
were among the caret of the New York beaten to enter
largely sod consistently into the prosecution of the
spleen In Ohio. Indian% mad Pennsylvania. Their
wealth was undoubted, end their independent posi-
tion In raped to the late railway depredation was supposed
te N mend. They have been overtaken, however, from
snathier welder. Their bills discounted have failed of prompt
perm% le the hour of need, to an Weed, it is said which
iminielthak Morino to-day imperative They had net
lan beneenne, bat generally mousy-lenders on the street,
end this test readered doubly embarrassiog any attempt to
teener themselves, after finding the paper which they had
discounted insatiable to • !ergo amount to meet the rapidly
drawn balances of their correspondents. Theme balancessinee
the Ist September, we undentand, hare been reduced about
1,000,000 dole. The stoppage can hardly entail ultimate
bet to creditors, most of idiom are bunks and bankers in
Ohio and Indians.
The further improvement In the stock minket to-day en
lended over nearly the satire lid. The greeted advance was
in Delaware and Hodson end New York Cenral shares.
The first Field at 96, the last at 66 par cent. Galena went to
69 per rent., and Rock Island to 714 per cent. Illinois Cen-
ter' Bonds touched 604 per cent., end the sheen 20 dole. 63r
40 dole. paid in ; Panama sold at 71, end another large de-
mend wee manifested for New Test mad ether State stocks.
New Yorke, 1031 to 104; Virginias, 83; Mieseerie, 68 to
67 ; Miehigens, 80 ; and Californias, 60 per mat. The te-
cognition of the California debt, by meter vote, Is onaresed
by the packet this morning. The kret-prioad railroad diens
were in request, and, after the printed lin, Toledo sold as
nigh as 29; Erie, 1 • Pittaburg, 13i. In Reading the
business wee Indifferent, beaus of the dull being !epode&
from Philedelphia. These was a better demand for the Eels
Bonds of 1871 and 1883. The geeerol marked alma firm.
The raped rise in the prices paid for tannage& stocks b
partly attributable to the fright sing the monryskedme
about paper.

LATEST BY THE FULTON.

.4211rj101‘. rue masolunal
ou'itrWiettalietrosDia

LIVERPOOL, FRIDAT MOZNINO.
A special despatch, per the Folio), received al

Liverpool, dated New York, Oet. 17, states
the Asia had arrived.

NEW ORLEANS, OCT. 18.
Cotton sales: upwards of 6,000 bales ; priors irre-
gular.
. The run on banks had subsided. No fresh failures
are reported.

ARRIVAL OF THE ARGO.
(et XLICTRIO fix.soukaz.)
SOUTHAMPTON, Flimsy.
The steam-ship Argo, from New York to London,
has arrived off Cowes. She brings 179 passengers
and a full cargo. Her advioes are anticipated.
She spoke the barque American in latitude 49.44,
longitude 10.57.

NTRAL CRIMINAL COURT.
THIS DAY.

OLD COURT.
(Before the Lord Chief Baron, Mr. Berm Martin, and KG

•
Justice *Ulm)
THE MURDER IN THE QUEEN'S BENCH
PRISON.

At the sitting of the court this morning Antonio de Sear
29, wee placed at the bar to take his trial upon the charge of
the murder of Meet Henderson Robertson in the Queen's
Bench Prison.

Mr. Bodkin and Mr. Clerk appeared on behaf of the
Cr°". Mr. 11 Jams. Q.C., and Mr. Beejeant Parry were
apecially retained, with Mr. DU/italics, for the de/see.
It has already been stated that the prisoner had pkoded
autrefois acquit to the prevent indictment, upon the ground
that he had been already tried and acquitted upon the charge
of wounding the deceased with Intent to murder him, and
that he ought not, therefore, to be tried upon the present
&sage, liscaues it arose entirely out of the rune transaction,
and he ought not to have his life twice put in jeopardy for
the same offenoe. The matter stood over until this morning,
when it was arranged that tho question of law should be

Mr. Bodkin first addressed the court, and he rid it &p-
-pawed to him that the plea could not be supported, inasmuch
is to support the ph* of autrefois acquit It must be 'howl
that the charge made against the prisoner on the second oc-
casion was identically the same as that of which he was be•
fore acquitted. The prisoner had never before been charged
with the offence of wilful murder. There was no identity
between the two offences, and the plea wee bed in law.
_ _

Mr. E. James was then heard at some length in sup-
port of the plea, and he contended that the prisoner
had been substantially tried before for the same identical
act, and the jury had acquitted him of say intention to
commit the crime of wilful murder. lie cited the case of
Robertson, tried before the High Court of Judiciary fa
Glasgow, in which it was held that a person who bad been
convicted by the magistrates of an smolt, could not after-
wards, where the party assaulted died, be tried for wilful
murder.

The court Inquired whether there wu not a Scotch
statute that applied to this matter ?
. .

The leveed Counsel said he was nnlcatunately not pre-
tend to glee the court any information upon the subject.
Hs then proceeded with his argument, and concluded by
calling upon their lordehipe to admit the plea of the prisoner,
and not permit him to be tried a second time for what was
substantially the same offence, of which he bad already been
acquitted.
Mr. M'Sfahon was also heard at oonsidaableZength on

the awe point.
The coati, without ?inching Mr. Bodkin to reply, unani-
mously derided that upon the facts before the court the plea
of amnion acquit meld not be supported.
The primmer then pleaded Not Gilley, and the trial pro-
ceeded.
The facts of the cue have been act repeatedly and fully
given, that It will be unnecessary on the present occasion to
do more than briefly being to the recollections of our
readers the circumstances under which the charge wu
preferred against the prisoner. The deceased wee a pri-
soner in the Queen's Bench at the suit of the prisoner,
and it appeared that on the Bth of July the pnsoner went
to the Queen's Bench, accompanied by a solicitor named
Thompson, for the purpose, as it appeared, of endeavour-
ing to make some arrangement for the payment of
the debt, and after they had had some oonvereation
it appeared that the deceased denied owing the debt, and the
rinser upon this became dreadfully excited, snd stabbed
the deceased in the nook and other paMe of the body, on
of the wounds penetrating the spine, the force of the
blow breaking off the point of the knife, and
leaving it embedded in the bone of the spine,
when it was found firmly flub after the death
of the unfortunate man. The deceased lingered for a
coneittcrabh time in great agony, and at the August tendon
the prisoner, as above stated, was tried upon a charge of
wounding with Intent to murder.
The jury now found the prisoner guilty of muslaugh-

NEW COURT.
(Before the Recorder.)
IMlederiek Datrion, 35, clerk, pleaded guilty to embezzling
the sum of 181., the monies of Frederick August= Shaw, his
tuer.
Mr. Thompson stated the case to the court. The prisoner,
upon the 9th of October, entered the preaccutor's service as
memos' law clerk, at a salary of 90i. • yes:. He stayed until
the 13th of October, when be' entrusted with • cheque for
the amount named, be at once shsecoded with it.
The court sentenced him to two yesn' penal servitude.