The Express.
London, England, 1857-12-25 00:00:00

THE EXPRESS. FRIDAY EVENING; DECEMBER 25, 1857.

regi li••• •Oa te tharalsot et Ide 'draw • • • Is
order lo reap sewjespera It owl be shows that the :
robes bought the Beestrisd thew which to the i
soma Wag, 'rhea he tortresse might have I
owl the bankoe fee lb. Jrw.Wl they =1 t 0 Bi.• for
ti.bie, but WO rt.IW is their hes& Ie tree =SOW
to ern, to this or, air do We woe Who bought or ,
dlossred by the kW= f M dot bold bees WINK
Boy ave boa sedorof sash. deducting the 1W-
..at. AM Jeers Best aborved, that if by soy I
wider the bib re whaler any Writ of the
boar, the 1.. waY MR frß hat, but upon the cue-
two. The ewe is moll cy are quite in se-
whew with are sr. to law, Wit or single exoeption,
dot if " L pea
_lhegesst." The ores which follow the
8" " tiro liodfor RI" le) ;^ Ex arte Pews"
(the Hall )011 V. II e.a, I boa 232 ; 'Ex wt.
Toossearithe Wandirldllwit),l9 Vas. 26 so, 1 Rasa%
" la orts Boahrithe Leeds lOW, 19 Vee., 25 s.c.. 1 lloss,
154) IfMey" Tool Haab (19
sal "looarb " (dßank), (t 9 V... 26)
"Re wee (irk,llB4) ; "lon Ar....d" (2
(IL rod J.,
omb
If 1)
ert ; " ore Biwa " cat. and Bli., 120,
"J v. Media "(2 yl. aad Caig, 9,
11117) ; sad "Is pets Adria" (3 Mont, De..,r sa43B De
Oa , 103, 1142). The only two err which in any way
who with, or are is say way hooseistent with, this array
of decider, an ' Eu pots lhowat " (I Rose, 153, 1810),
followed "Ea parse newer " (Mont. and Mao., 102,
1828). Is "Hs parte Elergral," Lord Eldon's observations
sad the eider ode Iwo sot capable of being recoscikd
with his Womb to ether sew a Wale: points, or with
the same at case et law, in equity,' or in benkroptcy
Lord to "Et parte Benson ' (Mont. and
134), or,, mist Elden soy. is"Es one throw "
is sot roxacilsehle with the previous two "Fs parse
Bergrat " however, Maya by theVioetheacellor
is " ports ^ sal is these who Whirs, as
natal la limbo ail
MmeArthar's warts. parr 102
sisd 114 bat ess d those three other petitions,
" perte Bases," big sporod spirt, the WOW of
the VeroCheaconer woe wieresied ; r that " Ispots ear.
pest" Meads gate Mae, hes war bees hdowed Woo in
ass case, whisk Is Measly pasesal w etralter sot
se rwertel, has temeadled with like s
stow 4.4. on the some pita The solver, vibe we
wry ably espreswial a this seerlow, eland that Peer
girt Ce. are WNW to tire bills, hare, @baba
the shore et may sweaset, yes they .61
that the woe of drift birtor the rides wee ear r
Ora to • wiesssavy labeass thst they bad ogled that the
bille le wealea bare the many Mae baba ;
sad the wawa catal bat this la proved by the Was
twee of deeling Massa the parties, bears tbs bills we
nand payable to Its baba or order, sod blesses to
do we-book the Mb ems laarlably sawed slag
with, sod in be same R or I Said orh ; sod because
Trepan and Co bow swirl thew se emitj sad tecare
the baba of is bibs i thstr beoredeme ; mad
becesse, seerei.g le the wr... or Hall, such bide sr
esolheed rid belied as the peepay of the beats; sod
body, beams the Me MIA -real between the wale
pesee. as the sedipsse seamed, tilt Promet sad Co no
tbis essanstive wasect. Fa& of these p,
lame the bat. is dessly &ebb samba be raven by the
ems wadi I her Slay dI no ammo el daft la
the ass wry lbw ell, wee Oa whisk was puma% Mit
sight rd tweraeld varbeleas, la easy ef the to which
I Uwe eel.mm%k.whisk era the martewer 11111, sear-
&Sea held I te bu the wawa anima
lift be mensepsaisams basso be paths beef eitehiblise
as essierwt ea the Mb bead be the pier2c4 the
beware ; Is dada try Yampa mai Co.
epee than far--thet there wee id es the *palsy of Ligt aa►.
sena et say thee Mertnede, say spat eresemeat,
Macaw: itten or vend, es te the alms se all
ef laptop
be sceonat ; so be they apes; ea there I
Is a llesrgeace. the the ea la ems of their
111/avits the beak= s ibM dry idesed Os they
eat prepay_ , agebie mad &paw timid
raft ee beak away sad thay esy dot Ow Wier
.... her sad Co. thee seek blib
sheaf beam the bs bah= bees the bee
el eseelthwa To of be brims Freepost
rod Co. reply, is gaud.lsms, that they new lorded
lo give esd to theta. if rhea Inewledge never did give,
to the beans sr mama la, et right ot dimasel ow,
erg each bills, otbaf this sash property la se VA d
ihresd over the •••• bib. r ta babeas pow
mired by the kw el the bad baba awl dada
wistswen." la =ado, ebbe% the beams or, that the
(
asseust wee Lett adieus spoil waren, le he dept, lad
y
vas be say) he hip% eseembap to marry mew
beam besieus sad Irk eastemes, andthe Ake we is
serrisse with ths warm Ina lbearst.
WM. AM ire I me Aiwa shat •• Mina{ webeas
b Landes awl la the M emaley with weal to mite
;l Ye • babe am mat. 7s Lades, the brier I
alba ash Mb sae% mad ad give ths emir wabt
be the meastat, see Mew ha le Sew sari the Mb till
paid • la Se rwaraltry, 1 .
ate :.stygeserally
Bs ;Wm to to slew essr to W
carat el the 1i the *resat bis paid E. ; bat ithas le be
Soma Oa the Lewin kerb el the Beak of zasisia •
BM Yen be Leaks aria. I. Thompson v. Other
Ilk. halm layagyze—" hill barn bpi kr Se
babas (the Oa we met tab ma wesasa to
ban hen beaus the beeker ad- her ear
alma that a hem is Ow bin. weshel the
lab et to. baba the preporty should be theriniz
deatelly, ewe awe say wich arra, be
wadi be mama la ear judgment.' Now es sestasse
wand bet the sierespondesoe between the pod. prime
Bs sohessee of sea • woad. Oa rederrisg to this oar-
ragesdeasa, I lad that don re dew Wine from Frog-
got sad Ca to their bares; of the laws to.. we I.
whirl. is epeakbeg of the 111., re the words " r sew
owlit" only, there re for hews in which the wads or
"a or credit, Wes inetsrity," sad one istror is se
worded or to aH Warr ww, It am wpm, rat or
of ha lattereiess suntsd, ewe right hod mane labsweas
ham of
Now,
eseipeese, erd Ilaree weal bees • eat=
alba. Now, I drab het paw abaft la
laws the Wee et riders estoblishiag soy are. &al-
ba swountior to • emirate not is mereihnor with the
pool laws of the land ; sad this dibmala is greatly
ashamed by the fact that the writers et then Woe die-
thistly declare that they sever intended to issossis say
nth woo of haling, it is impotent to Arne Or eves
If the hem 40 recognise or give validity Is dr woe
the booker, yot the decided own Wallah
IMmeti by
eh a coons dor not precincts the ewer, boor
revevering his bill. There le yet one more isteor to be
seder, brig the llth letter, dated the 25th of September,
ISST, which I. r follows

the pentkasespoissies. Oa the 30th of September,
0m11367,
Mesa %Mall bears inergrant, end Mooed m;
Ind lie beilmis k comae of king waislap tor tie
of Wages. The peratemens canoed thee
gaifft:tereed net become hrolret, be, upon p yerat of
the bias dam by Wm upon led serepted by the
validities ham maned le esieire the aselgases to deffer up
whir well Me se raideeed be thabinierepes so an sow In
the hinds el the senores. hem Berta's pseibeek, and
hem espies el the aIIeTWOPSIMOS between Burseall
and the kankrupts, It samara that al bilis drawn by Herr
Mil von, sad accepted by the lankrapb,wate mired to the
debit if Bunten on the deo when Or mine were screened
by the bankrupts, and Ms dawn by Borstal' upon hie
cowmen or consignees is Msgiend Imre entered to the credit
of Burnell on the day whin ware bits were received by the
bankrupt.. On both sides of the accesitt drafta for money
are entered indiscriminately with emit payments, but it is
Letl,....salz. plain, from the method of entry, whether any
hem ems a eine C paymenll. Under
eeTelremelemess the peddles pesot or a bill.
thee the agnate
may:spply the pesmai4 of the WIN drawn bym Burnell
upon his customers in pionint el the account., secured by
the drawn W BeiretalCspon, and accepted by, the
bankrupts. The prides aim preys that the proofs made by
the petitioners (and which was tarred without prejudice
to the claims sow reeds by She pennon), may be reduced
by the mounts so to be paid to the penti.men. Mr.
Edward Bartell appeared et the hearing of the petition
by Kr. Shackles,. bin solicitor, and submitted to the oilier
of the court. Mr. Bischoff, who appeared for the peti-
tioners, admitted that they had no direct rim, but con-
tended that they might indirectly obtain what they ask,
according to 'III pre Waring " (19 Tee 34-5) utd "Fowl.
v. Hargreaves" (B Do G. Men and fiord. 430). Mr.
land, for the asignees, contends against the minim E . I hea
ve
read the alidavits which ham been filed in this cam, and
the examinations of the bankrupts under the bankruptcy,
and their answers to the intercgatories. I have sho int-
erred the pew-book, and the correspondence between
Bartell and the bankrupts. In none of these documents
do I dimover any fact* which would lead to an order
otherwise then substantially the emus as that which I have
Jar made on the motion. The persons benencially he-
tensed ere in this ease, indeed, not of direct right entitled to
what they ask; but se Mr. Banal eubmita to the order of
this court, it appears to me char that " Eu part. Waring"
and " Powles v. Hargraves" tall authors* the declaration
follewbrg.

Hie amour the in this ram 'Jana • dederetke to the
effect that " the mid unpins ought to bibs an semen at
all bale of exchange drowns& in the said petition is ineationel
by the said Edward Hornell, upon and accepted by the used
Mkt ephi, and by the said E. flurstell put into circulation,
end nee if which bills of exclave are now in the heads of
the end pakten, end others of which bine of exchange are
la the hided pereon• not bewail to this court. And Ido
teethe Amine that the meld resign- y ought to imply the
Fern iris el ell bills of exchange come to the heeds of the said
seinems, sad in the mid petition mentioned se having hem
thaws by the said Edward Burnell on his consignees or cue-
keen la numb ad and remitted by him to the said bean opts
(end which bins of exchengewere in the hands of the said bank-
rupts at the time of their bankruptcy) in payment, so fez tette
maw will extend, of the amounts secured respectively by the
bills of exchange which were so m aforesaid drawn by the said
Edward Burnell upon and scarped by the said bankrupts,
and which are bold by the said petitioners and other perm=
not lumen to this court. pro rate and in proportion to the
' amounts secured respectively by every such bin of
respectively. And I do order that the respective prZsd=
by the mid petitioners, as in the said petition are resedkeed
spinet the manta of the said bankrupts, be reduced repo-
lively by the amounts of the gums of money which shall be
Feld to the said petitioners by the timignese ea aforesaid, oat
of the premed. of the said bale of escheat* so remitted by
the said Edward Bunten se aforesaid. But the above de.
clarstions are to be without preadioe to any nen of set-of
against or lien upon any of the mid bills or proceeds which
the said bankrupee had Wore their bankruptcy."—Earerso
Otentiss

dm hoes, Aar which tbajary reified, sad after being Amur
about Ms minutes, returned with a verdict of Guilty. There
was a former conviction against him for robbery in 180, for
which he was imprisoned.

If. was mutinied to 15 years' penal servitude ; end Wyse,
who had pleaded guilty, was seoteseed to sis peers' penal
servitude.

--
James Oliver, maim, was charged with uttering a forged
Bank of England note fur 104. at Blanchland, on the 6th
October, and with uttering a similar note of the value of 61.
at Wbickham, on the 16th May. The primmer, • mason at
Dillingham, near Wark, in the hill district of Northam -
land, met Mr. M. H. Makspeace, a farmer, belonging to Bow-
lestborpe, on the 6th October, who was returning (roan Blanch-
land with some beast. that he bad not sold ; and, after some
oonvereatka, theprisonor ultimately purchased • young Lull
for 71. 17s. 6d. Prosecutor and prisoner went into a public-
house at • village called Baybridge, end the prisoner paid the
prosecutor with a 10/. note, endorsod by. Percy Robson, John
Armstrong, John Hogg. Mr. Mattel ate milked him hit,
name, and he said Telford, of High Barnes, near Shotley
Bridge, which turned out to be untrue. In the following
month be was apprehended in Newcastle. It then hem- .
spired that on the 16th May the
_primmer went
to • public-bonne at Strutgste, near Whickhiun, and
at the house of one Golightly got change for a 61.
note. Mrs. Oolightly saw him writing on the back, and he
said that he we. writing his name. The names were Scott
sad Presser. He told Mn. Golightly that he wanted the
change to pay his men, as he bad a oontract at Bantopfield.
This, of course, was tales. On Saturday, the 22nd of
Await, he went to the house of Mrs. Breckon, Wait, who '
bad known him for years, and asked her to change a IL
note. She disliked its appearmoe. It had Dodds and Law-
son on the back. She asked him to sign his own name and
after some demur he did so. Mn. Breekon afterwards found
that It was forged, and tient the police after him. Police-
mortals Tilford found him at a place called Calciough, near
into the wilds of Northumberland, and told him he must
teat', Bye sovereigns for the note he had given to MIS.
sad let him destroy it. The policeman got the
TICO_II7, sad bong the note. When appmhended by one of
ths Newesstle detectives, the prisoner denied all knowledge
el the distr. It did not transpire bow ho came Into posses-
sin of the note.

He was found Gasify, end was sentenced to sin years'
pawl eireitude.

!all drunk, sad bogging of piessegers. They solicited alma
of persons who paved, and it they refused to bmtow them
they were assailed with a volley of abuse, in which all the
defendants joined. They acooeted ladies singly, and detained
them until they gam them something.
Harding mid he was a sawyer out of work, sad meeting
with the other defendants he bad some drink with them, but
assured the magistrate that heal not even know bow to beg.
The constable was recalled, and proved that, however un-
acquainted with the art, he practised it with great determina-
tion last night.
The other defendants, in general terms, denied the offence.
Mr. Arnold animadverted upon their disgraceful conduct
and the violence and intimidation of which they had been
guilty, and sentenced them each to a month's bard labour in
the House of Correction. _ . .

AToung1;;;;;;;;;106orge Jenkins, was plated at the
bar charged with attacking and robbing a man in the Broad
Bancteery at five o'clock last evening.
The prosecutor, William Austin, stated that at a little after
five last evening he wee passing through the Breed Sanc-
tuary, when he was suddenly grasped by the throat by •
potion from behind, another wee by his aide, and a third in
front. Be was thrown on the ground, and in consequence
of the brutal violence need to him by the robbers ten
came insensible. When he recovered his recollection the
prisoner waa standing near him, but he was unable to wove
that he took any part in the outrage upon him. Whik
fn-
eeneiDle he was robbed of Ih. 3d., a salver medal, end other
articles.. . . .

After hearing further evidence, in:the course of which it
appeared that the accused was • Fenton of very good cha-
racter,
Mr. Arnold said that the circumstances of the attack and
robbery did sot reflect ninth credit upon the vigilance of the
police, but there wee nothing whatever to show that the so-
cused was concerned in it, and he left the dock without the
slightest imputatkai upon hia ch►racter.
Either D4lity was charged with Waling • great quantity
of silver plate, table and bed linen, and other articles from
the lama, of her master.

-71i;li-e;:ll-beeTA;gustus Isaacs, of 24, Stanley-street,
Pimlico, said that the prisoaer had lived in his service as
genies' servant and housekeeper since March last. On Wed-
nesday he looked over his plate end mimed a number of table
and dart spoon'', forks, and other articles, which he them
charged the accused, who wee potent, with having disposed
of in scene way. She admitted that she had pawned than
and produced mane of the tickets relating to the property.
He subsequently discovered that a quantity of table and bed
linen had been taken. There were 31 tickets in ell having
relation to the miscellaneous property stolen, which prisoner
had in her possession.
Haines, an assistant to Mr. Hawgood, pawnbroker,
Rechaster-row, produced nine separate pledges of plate made
by the primmer.
In reply to questions from the 'magistrate be (witness)
could not say that he knew the prisoner hakes he admitted
that ell the plate wee marked with a crest, sad could not
recollect whether he asked the prisoner any particular quer
dons at the time of pawning.
Mr. Arnold remaaded the accused for a week, directed •
summons to issue against Heine, to seism his atuedance as
a witness, and sent a mange to his primicel requesting him
to appear on the rerezamination.