The Express.
London, England, 1861-01-31 00:00:00

THE EXPRESS, THUBSDAY EVENING, JANUARY 31, 1861.

lab inttiligcnct.
EQUITY COURTS.-JA.N. 30.

(Before the Lord Chancellor and the Lords Justices.)
LS <L VILITSTOI (.t BANKRUPT) U PART/ FIRDSTUX-

swear that the account of the defendant entered in the hook
he had produced had not been written within the last fort-
night. It was only written to show the account, and it had
been copied from bits of paper, which he believed were de-
stroyed. Some of the items had been copied from a book-
slate. The sherry coat witness 449. a dozen, and he sold it
to the defendant at the three dozen being sent into the
prison in 40 imperial pinta, no more than a pint being
allowed to go in at once. The pies contained rump steaks ;
they weighed four or live pounds, and they were charged
for at the rate of 7s U. each.

Mr. Justice Ryles said it appeared that the bill was dated
back, so that it was actually due when it was given, and
therefore the nature of the contract was, "If you will
advance we 751. in money and goods I will at oucepay you

Mrs. Saltmarsh was examined, and in the course of her
evidence five cheques were put in, which had been paid to
the defendant, the total amount being 201. HA.
A number of letters from the defendant to Mrs. Halt-
marsh titre also read. They wore all addremed "My dear
Mrs. Haltmarsh," and contained passages like these :
" Mr. Haltmandi desired me to send at five o'clock for some
provisions you were kind enough to prepare for me, for
which I give you my beat thanks; and he mid you could
let me have 2/. ; if you could let me have 3/. I should be
Lerimuch obliged. With compliments to yourself
circle." " Will you excuse am troubling you on the
subject of my letter of yesterday, as I really am in want
of some money, and if you could spare even half a sove-
reign by bearer I should be much obliged. Excuse this
dirty paper, ns I have none of my own, and am obliged to
borrow of a friend." There were other letters asking for
small suns of money, sherry, cigars, and pies.
Mr. Hawkins, for the defendant, admitted that his client
had received money and provisions from the plaintiff, but
he submitted that the claim now made was most exorbitant
in amount.

Mr. Thomas Fitzmorris Burke, the defendant, said he
had been iu the Queen's Prison since April last. The bill,
which was dated on the 13th of August, was gives on the
13th of }September. He did not agree to give the plaintiff
that bill in couNideration of his supplying witness with um•
nor and provisions to the amount of 751. He should not
think he received more than 35/. in money from the plain.
tiff, about twelve dozen of very decent cigars, and about
two dozen pints of very inferior sherry. There were about
half.a.dozen or seven pita, and he got a good deal Letter
pies elsewhere for 3s. bd.
Mr. Justice Hyles—The number of pies charged for is
nine.

Witness continued—He did not request the plaintiff to
make any arrangements with witnees's creditorn ; though he
knew the plaintiff did use one creditor named Bidead. The
bill was given in thin way. Witness was to get his father',
acceptance for 150/., and the plaintiff was to get it dis-
counted. pay himself, and let witness have small sums and
slimy and cigars, but witness could not get • bill from his
father. . _ _

6;iiis-examinal—When he drew the 150 f. cheque on his
father be believed be had authority to draw, and that the
cheque would be paid. He, however, telegraphed the
next day to stop the payment, because be had learned
that if the plaintiff got it cashed witness would probably
nut get the balance.
Mr. Justice Myles said that according to the plaintiff's
came the amount of money lent and good. supplied amounted
to about 91W,, whilst the defendant admitted that be re-
ceived value only to the extent of about 4W. 7W., how-
ever, was paid into court, end the jury must say upon this
part of the came whether the plaintiff, bad mole out Ma
claim to more than 70/. As ti the bill, the arrangement
seemed to be a very extr.terdinary one ; but it was for them
to may which account of the transaction they believed, for
if the bargain deposal to by the plaintiff were made it
could be enforced iu law, notwithstanding that it might be
thought to be an extortionate bargain.
The jury found a verdict for the plaintiff for U. beyond
the 7W. paid into court

vision% which had seriously affected the contincis previously
*steed into. On their ooinmiuion•bueiness there had been
a good profit. There had been no accommodation transac-
tions, and the books had been well kept.
The Commissioner—l see there is a " mining adventure."
Wherets the mine 2._

iii.LiWrance ;aid it was in Devonshire, and be believed
the ■peculation was not • rash one. The bankrupts had the
money to spare at the time. In • general way, when a
trader began to speculate in mines, he ought find to file his
petition in that court, and secure the deposit of 150/.
His Honour said he generally gave the balance in favour
of good book-keeping,and would allow the hankrupts to take
first•class certificates.

INSOLVENT DEBTORS COURT.—JAN. 30.
(Before the Chief Commissioner.)
IN HE ANTHONY JOHN mirrit.

This insolvent, a woollendmper and tailor at Bayswater,
was further heard on his application to be discharged.
Mr. Bicker Caarten opposed for Mr. M'Gregor, Cheap-
aide, and also for Mears. Rhodes, Itichardsou, and Ack-
rep!, of Bradford. Mr. Kemp was counsel for the in-
solvent.
This ease disclosed a novel way of doing business. The
debts, in the aggregate, were and the credits 1,84.4/.
The insolvent owed Messrs. Rhodes and Richardson upwards
of 8001., and Mr. M'Gregor 911. The insolvent admitted
that he had pawned a large quantity of goods obtained from
his creiliton. He described the method under which the
transactions with the pawnbrokers had taken place. When
parties cams to purchase goods they reid a part, and he sold
the goods, and they were pledged to make up the re-
mainder. He gave the purchasers the duplicate and the
deposit tickets.
The Chief Commissioner remarked that the transaction
should be set forth in the schedule. The pawning' were
omitted from the schedule.

The insolvent said thegoods were pledged to make up the
money to be paid by his customer,.
The haned Commissioner observed that it was foolish
to talk of his " customers ;" he had pledged the goods.
It appeared that the insolvent had pledged cloth be had
obtained to seine hundreds of pounds, and part had been re-
deemed. In the course of the case several deposit notes
were produced to 1071., and the insolvent said they were
wrath 100/. more to him, but evidence was given to show
that with articles were often pledged to the full value, and
were in many cases of no value. The insolvent in speaking
of his debts mentioned the "losses" be had sustained.

The Chief Commissioner told the insolvent not to talk of
" losses ; " he had nothing to lose.
The case occupied the court until its rising, and was the
adjourned to the 9th February.

CENTRAL CRIMINAL COURT.

OLD COURT.

(Before Mr. Baron Martin and Mr. Justice Wiles.)
Moro, A romt row, 30, was indicted for the manslaughter
of Caroline Mortlock.
Mr. Poland prosecuted. The prisoner was defended by
Mr. Tindal Atkinson.
It appealed that the deceased was a widow, residing in
the neighbourhood of West liam, in Essex, and the pri-
soner lodged in her house. He came home un the night of
the let of January somewhat the worse for liquor, and an
altercation took place between him and the deceased, and
the latter went into her own room and fastened the door.
The prisoner told her to come out, and upon her refusing
to do so he forced open the door, and, aomrding to the
evidence of her daughter, struck her a blow on the left eye,
and she fell down and died shortly afterwards. There was
some contradictory evidence with regard to the fact whether
a blow was given by the prisoner or not, and it also ap-
peared that when the deceased fell there was a concertina
on the ground, and it was suggested that she fell with her
head against this instrument, and thus received the injury
which caused her death. The prisoner seemed to have de-
clared throughout the transaction that he had done nothing
to the deceased, and he appeared to be a respectable bard
working-man, and bore a very good character.
The jury returned a verdict of Not Witty.
- .

George May was charged with the manslaughter of James
Morris Knight.
Mr. Thompson prosecuted.
It appeared that the prisoner and tho deceased were both
privates in the Military Train stationed at Woolwich, and
that on Christmas-dny they bad a quarrel about a pipe and
fought. The deceased got the wont of the fight and ran
away, and the prisoner followed him and came up with him,
and knocked hun down twice, and he was picked up imen-
sible and never rallied, saddled s few days afterwards ; this
event being, no doubt, the result of the violence inflicted
upon him by the prisoner.
The jury found the prisoner Guilty, lint recommended
him to mercy, and he was sentenced to be imprisoned and
kept to haul labour for six weeks.

NEW COURT.
(Before the Recorder.)

James Want, a respectable.looking man, surrendered to
take his trial for feloniously receiving a number of pewter
ts.
Mr. Cooper prosecuted ; and Mr. Metcalfe defended the
prisoner.
The ease against the prisoner was a somewhat peculiar
one, he having up to this time borne an irreproachable
character. It appeared that be resided at West Ham, near
the new docks, where for a long time he had been in WM-
nem as a zinc worker and Unman. Some information being
given to the pollee, they went to his house, and there com-
menced a search, and in the workshop, and in a basket
beneath some rags, they found a quantity of publioane
quart and other pots, with the names on them, and all
beaten together for inching. Some of the pots were new
me., and two of them hiul only been a few days before safe
in the house of the ',Ali= whose name and sddrees they
bore.

The jury returned a verdict of Guittv, but recommended
the prisoner to mercy on account of his previous good
character.

Mr. Cooper Raid that, within the last 12 months, the
publicans in the immediate neighbourhood of the prisoner's
house had lost, above 300 pewter pots'.
The prisoner was sentenced to nine months' imprisonment.
Jinxes rite, who was convicted yesterday in the Old
Court, was again indicted for steeling 5.5 whips, the pro-
perty of Benjamin Ellams, his master, and valued at 557.
Mr. Orridge prosecuted, and Mr. Sleigh defended.
lu this ease the prisoner had the whips entrusted to him
for sale by the prosecutors, the well-known lino of Picca-
dilly, and out of them the prisoner sold the number
named in the indictment at Cork, where he left one box
with the remainder of the whips for a debt.
The Court, in this case, held that the offence was com-
mitted out of its jurisdiction, and directed an Acquittal.
The prisoner was then tried and found Guilty of em-
bezzling the sum of 4/. 10., the moneys of Richard Ford, the
shirt maker, of the Poultry.
Mr. Cooper prosecuted. Sentence was deferred.
(Before Mr. Justice Byles.)

Sarah Sadler, 24, married, was indicted for the maw
slaughter of William John Brook Collins.
Mr. R. N. Phillips prosecuted.
The facie of the case have already been given at some
length. The deceased it would appear was • man of intem-
perate habits, and lsome CODUOIDOI existed between them
the nature of which was nut clearly stated. On the 1I th
of December they were out together drinking, and some
quarrel having taken place in the evening she struck him
in the head, hut he male no particular complaint at the
time, and he died in about a fortnight or three weeks after.
wari.s. The nialical testimony was that his death resulted
from that blow, but it was elicited that he had been ill-used
a short time previously by NOUN men who attempted to
rob him.

The jury Acquitted her.
THIRD COURT.
(Before Mr. Commissioner Kerr.)

John Jones, 3s, James Srnith, 2A, James Wren, 26,
Thomas Hudson, 29, and Thomas Ball, Zl, marines, were
indicted for a robbery, with violence, on Patrick O'Brien,
and stealing from him divers moneys, value 19e., and after-
wards feloniously wounding him.
Mr. Langfonl awl Mr. W. A. Holdsworth prosecuted.
It appeared from the statement of the prosecutor (a sea-
Man in her Majrty's ship Cumberland), whose head was
most fearfully injured, that in the evening of Christmas.
day ho and some of the prisoners were drinking together at
carious public-houses in Woolwich, and shortly after
11 o'clock he was in company of four of them, in • place.
called Mount Garret-square, when he was knocked down
and severely kicked about the head, and whilst in that posi-
tion they rifled his pockets of Ws. They then made off,
and the poor fellow was afterwards picked up by some per-
sous who were attracted by his cnes of murder. One of
the witnesses, a female, swore most positively to Jones, and
said as he passed her he called to the others to come on, as
be had got the prosecutor's mouey, and be thought be was
"settled." He was taken in a very bad state to the hos.
pital at Woolwich, the police having first dreamed his
wounds, and be remained there for some time in a very
precarious condition.
The case Lusted* long time, from the difficulty of identi-
fying the prisoners ; but Jones, Smith, and Wren being
sworn to, the jury found them Guilty, and acquitted Hud-
son and Ball..

Itwas stated, in answer to the court, by an officer of the
Mariam, that the three prkoners who had been found
guilty bore very bad regimental characters, and ono had
been convicted by the civil law and imprisoned for a robbery
from the person.
The learned commissioner, in passing sentence, said he
never heard of a more brutal cue, and it was a mercy that
the prosecutor had not died • for if be had they certainly
would have stood on their trial in the other court for their
lives, aa it would have been a clear case of murder. Such
men as the prisoners rendered it dangerous to live in a
neighbourhood where they were about, and ho should mark
their brutal conduct by a severe sentence.
They were then sentenced to six years' penal servitude
They

LONDON Gm=Az OXIMII7II CONYLNY pram*
—Trak receipts for week ending Jan. 27, 10,5141.:,. 2d.
Mr. A. Baoran, Wine and Spirit Merchant, of
ta, eirand, hie altered hte price' in accordance with the farther
redaction of the wine duties. fle V now belling excellent Port
and Newry at lac par down, and a geed wand Claret at 15a. per
dam" ladalled.—(Advanlianent.j

THE POLICE COURTS.
MANSION-HOUSE.

Richard Corrie Bache, an elderly man of rather gentle-
manly appearance, who wee formerly the representative of
one of the wards of the city in the Common Council, was
!rot before Alderman Sir R. W. Carden, in the custody
fthael lisydon, the detective officer, charged wit
felony.
The charge on the police-sheet was embezzling, on the nth
of January, 1859, the sum of 421.95. lid., and various other
sums, to the amount of nearly 6,0001., since 1848, the pro-
perty of Elizabeth Gatewood TulL
Mr. Lewis attended to support the prosecution ; Mr.
Wonteer appeared on behalf of the prisoner.
Mr. Lewis, in opening the cane, said that the prosecutrix
was a widow lady, who had carried on since the death of
her husband, which took place in the year 1851, a
very extensive business as • rope and twine manufac-
turer in Fenchurch-street. The prisoner had been in the
service of the establishment for forty years, and very
great confidence was placed in him. After the death of Mr.
Tull, still greater confidence was reposed in him, and his
duty was to receive all monies and pay them into Messrs.
Hankey'e, the bankers, and he received a salary of 3001.
year, and was allowed a residence. The business had
latterly very much increased, but notwithstanding this,
the date of the accounts was such as to excite suspicion sod
dissatisfaction, and an accountant was called in and the
books examined, and the result was thediscovery that there
were considerable deficiencies, and this led to the prisoner's'
apprehension. Mr. Lewis went on to explain that the
nature of the offence imputed to the prisoner was that iu
casting up the accounts in the books, he bad cast the sums
wrongly, making the totals smaller than they ought to have
been, amounting, of coarse, only for the smaller sum, and
putting the balance into his pocket. It also appeared
that amounts which ought to have been carried
out in the gross column were not carried out
at all. There was also a third mode by
which the prisoner defrauded his employer, which was this.
It appeared to be the custom for a clerk to hand over daily
to the prisoner all the money that had been received during
the day, in order that he might pay it into the bank, but
instead of paying in the whole sum, it appeared that the
prisoner had for a considerable tune been in the habit of
keeping back and appropriating to his own use a large por-
tion of the sums he so received, the total amount of hie
defalcations being, according to what was already known
upon the subject, between five and six thousand pounds.
He said that he only proposed on the present occasion to
call one or tem witnesses to give evidence sufficient to
justify the court in remanding the prisoner, and on the
next ocouion he had no doubt lie should be in a position
to perfect the ems. Mr. Lewis added that in order
that the prisoner should have • fair opportunity of
giving any explanation he might think fit, it was
stated to him that certain eons that appeared in the
accounts bad not been paid into the bankers', at which he
at first appeared surprised, and he was then told that he
could, go through the books himself if he pleased. The
prisoner did so, and he was then forced to admit that there
were them deficiencies, rind when he was asked to account
for them, be said he should like to check the Recounts with
his own private cashbook. This was done, and the prisoner
then admitted that he bad paid the amounts to his private
hankers to his own account.

The following evidence was then adduced :
Mr. Archibald Baxter, a clerk in the employment of Mrs.
Elisabeth Gatewood Tull, stated that he kept all the books
but the cash book, which was kept by the prisoner, and the
amounts were dictated by him fur him (witness) to enter in
the ledger, and be did not have that book at all in his con-
trol, as the prisoner always kept it in Lis own possession.
The witness then read a number of items in confirmation of
the statement made by Mr. Lewis, as to the mode in which
the offence imputed to the prisoner was alleged to have
been committed. He also stated that the whole of these
entries were in the handwriting of the prisoner.
In answer to a question put by Mr. Walther the witness
said that he had understood that the prisoner had been in
the service of the firm for forty years, but had only had the
general management of the business during the twelve years
which he (witness) had been there.
Mr. Frederick Whinney, of the firm of Hauling, Policia,
Whinney, and Gibbons, accountants, was then ezamined,
and also confirmed the statements made by Mr. Lewis.,
Mr. Lewis said that be did not intend then to produce any
more evidence. He had several other witnesses to produce,
and should, if the prisoner were remanded, be able to com-
plete the case on a future occasion.
The prisoner wan acoordingly remanded.
MARLBOROUGH-STREET.

George White, a carman in the employ of Mr. Garnham,
who is employed by Mr. Bell, a large potato salesman at
the Great Northern Railway, to cart potatoes, and George
Ward, no home, a costermonger, were charged with stealing
a Rack of potatoes.
The prisoners were seen by Sergeants Bolen, 11 D, and
White, 16 D, to remove some potatoes in a van from a sack
bearing the name of Bell, into another at the corner of
Well-street, and Ward was watched into the house of Mr.
Roberta, the Boot, Well-street ; and it appeared that Mr.
Roberta, though admitting that Ward was a perfect stranger,
had bought the sack of potatoes of him, giving tic and some
beer for them (the price of potatoes being about 15e. a sack).
The prisoners were then taken into custody by the sergeants,
and in Ward's pocket was found the de. he had received from
Mr. Roberts.

Some other evidence having been given, the prisoner, at
the request of Sergeant White, were remanded for a week.