The Express.
London, England, 1868-08-14 00:00:00

-4 '

LAW INTILLLIGINCIL

°brat OP" BAZUCBUPTCY.—Avourr j&
Moore Mt. Registrar Murray.)
Ytr Id A. ,L. Ittletwas.
This was a sitting for dividend. The bankrupt, Richard
Amend BiIMISCITUI3 will formerly a sleeping partner in the
home of Goodyear and Ow, straw-bat roanufoobirero, of
OM Change. whose affairs were wound ap under a deed
about two years elem. The bankrupt subsequently came
before the wart in order to obtain relief from his separate
engagements, and in February last be obtained bis order
d discharge. RS indebtedness was upwards of 40,0001.,
of liabilities of 210,00 W. m connexion with
Maud Co.
Mr. Phelps appeared for the aseigame.
It was announced that siesta were In blind adequate to
the payment of • dividend of Is. 6d. in the pound, and a.
resolution for the division of the fund amongst the credi-
tors was agreed to.

ASSIZE INTELLIGENCE.

MIDLAND ClRCUlT,—Lititiff, Atinin
(Before Mt. Justice Lush.) • ,
oniarniecv OF mans 17RIONORS.
Jahn Shenk bast hbrtem, Jabs Norms edict Ben,
Nary .11Mehe Mailed Beebe, Josue Bear, Affred
81=,108*Pit runrreuq, and POllia StUddeSSION were in-
di yesterday for coering to injure James Powell
in his trade of a mason and builder, by molesting, *b-
and using threats and intimidation to such
workmen as might be willing to be hired and employed by
the said James Powell ; and also prejudicing, injuring,
and oppressing the said Jam= Powell in his said trade,
and preventing certain work of the said James Powell
from confirming to work for him, at James
o the
15th April, and other dates.
Mr. Maule, Q.C., for theprosecution, said that in February
last Mr. Powell had a contract to build a house near
Sheffield, and he was then employing 18 masons. Having
a quarry about six miles from the house he was then
constructing, the stone be required for the purpose of
being put together in this house was not roughly taken
from the quarry, but Mr. Powell, instead of carrying the
rude material over the country for six miles, had it chis-
elled, shaped, and formed in the quarry. By this pro-
cedure the chips were left in the quarry instead of bei
carted in the rough to the building, and the economy of
such • plan appeared =Mina. On the 15th April two of
the defendants waited upon Mr. Powell and stated they
were a deputation from the Masons' Union, and bad been
sent to remonstrate with him on the mode in which he
was currying out his work ; and told him that he was vio-
lating a rule to which he (Mr. )
made Powell was not a
party,
but which the working =aeons d themselves ;
and they requested him to discontinue this mode of busi-
ness Mr. Powell refused to accept the dictation of the de-
putation. Sheridan then said he knew a builder who got
• acmes with the " club " for working contrary to the rules of
the union, and he was thereby ruined, and had to leave the
country. Ile significantly added, "We don't hold this
out as an intimidation to you," but he (the learned coun-
sel) contended that all must infer from the language that
it was a threat. A day or two after the interview lo out
of the 18 masons left Mr: Powell's employ. Conasquent
upon this strike, Mr. Powell applied to London for " free
labour ' men, and obtained eight men from a society esta-
blished in the metropolis. On the 22nd April these men
went to the job, having their tools with them, but after
working a short time they went away to seek for lodgings,
promising to return the next morning. In the mean-
time they were waited upon by some of the defendants,
who took them to the Dog and Partridge Inn, where the
masons' club was held, and made certain representations
to them. The new hands were told they ought not to
go to work again at Powell's, and they were offered
money to discontinue their labour for that builder.
Some of them accepted the cash, and went back to
London at once. On the 24th April other labourers
came from London, three of whom commenced
work, but declined to resume it on the following
morning. It then transpired that the second batch of
three labourers had been sought out by some of the
defendants ; had been remonstrated with j had boon
informed that there was a strike against Mr. Powell ; that
it was a black job ; and that they must not go on with their
work. As these new bands approached the place where
the house was being built, several of the defendants who
were there picketed watched who went in and came out
of the premises, and called out, "Boa" and "Black
sheep," and used other annoying words. The defendants,
or some of them, then separated the three new labourers
from Mr. Powell, and the next day the defendant
Minchclifte went to the place• where they had been
employed, and took away their tools. On the 26th April a
placard was posted about Sheffield, and especially about
the place where Mr. Powell's contract was going on. The
manuscript, it was proved by evidence, was in the hand-
writing of Armstrong, the former secretary of the Masons'
Union, and the bill or notice was to request "all masons
not to accept employment from Mr. Powell, as there was
a strike on with him, inasmuch as he had wilfullye.nd
deliberately violated the sixth rule or regulation
which had been approved by the master • dere
of Sheffield." Mr. Powell was not a member of
the Master Builders' Association, and was not, there-
fore, bound by any rules that society might have
adopted. Besides this, two advertisements were inserted
in the Sheffield newspapers, and it was shown that this
had been done by the defendants Hinchcliffe and San-
derson. The advertisement was to the effect that " masons
were requested to keep away from Mr. Powell's job until
the strike was settled."
A number of witnesses were called to prove the facts
stated in the opening, and Mr. D. Seymour, Q.C., and
Mr. Iltzjames Stephen, Q.C., addressed the jury on be-
half of the defendants.
The learned judge having summedup, the jury retired,
and at length returned into court with a verdict of Guilty
against Binchcliffe, Armstrong, and Sanderson. They
Acquitted the reset of the prisoners.
This morning the convicted men were brought up for
judgment.
Ms Lordship said : My learned colleague and myself
have considered the circumstances of your case, with a
view of determining what sentence we ought to pass upon
you, and we have come to the conclusion that we cannot
deal with you as he (Mr. Baron Bramwell) dealt
with the prisoners whom he tried at the Old
Bailey some time ago for the same offence. The
westion of picketing came then for the first
time before a criminal court—its legal quality had
not previously been declared, and, at the close of a long
trial the defendants and the other members of the union
to which they belonged, expressed themselves satisfied that
they had committed a breach of the law. Moreover they
arm they could not adopt the practice of picketing—so as
to be of any use to themselves—without notating the law
--and they therefore gave an assurance that the practice
should be discontinued for the future; and upon that
ground it was that my learned colleague felt himselfjusti-
fled in discharging them without passing any sentence at
nll, merely getting them to enter into recongnizances to ap-
pear for judgment when called upon. You have deliberately,
mid with knowledge of the case to which I have just been
alluding, attempted to practise picketing ; and you have
done it, according to the finding of the jury, upon which
I must act, by means of intimidation and annoyance, and
therefore brought yourselves within the criminal law. I
can readily believe what was stated by your counsel—that
you took legal advice before you so acted, and that you in-
tended to keep you within the limits of the law. But
I cannot eymprithibe with persons whe, for the purpose of
injuring another, intended to go to the verge of the law,
and happen to be betrayed beyond it. I hope this will be
a warnuig to you and others not to enter upon a practice
so perilous, because you cannot say how far you may be
led beyond the point marked out for yourselves. I. feel
bound to pass a sentence upon you in order to deter others
from following your example, and to teach you and others
that the law, while it will protect you to the full in the
enjoyment of your rights, will also compel you to respect
the rights of others. The sentence upon each of vou
that you be imprisoned for four calendar months. ••
COMIMAA OF A MERCHANT FOR FRAUD.
In a subsidiary court, before Serjeant O'Brien,
John Prance, 34, mango merchant, was indicted On a
charge of having attempted to defraud his creditors.
Mr. Hammy and Mr. Woad) prosecuted ; the prisoner
was defended by Mr. C. Foster and Mr. Bruce.
The charge was laid iuMer the Bankruptcy Act of 1861,
the 221st section of which "rendes that if any bankrupt,
with intent to defraud his creditors, shall, within sixty
days before adjudication, remove, conceal, or embezzle
any part of his property, to the value of 101., he shall
he guilty of meanour, and the allegation
against the prisoner was thit he " remOved, oon-
rietor embezzled a sum of 1,4301., with intent
araud his creditors." Thu prisoner carried on
boldness as a mango merchant at Oesett and Rudders-
and, being in difficulties, he called his oreditors
at a meeting at the Queen Rotel, in Leeds.
on the 16th July. At that meeting the submitted
to the creditors peanut a which was eon-
Adored_ _ ery_rmsrmffaotery Mr. ough, florozOlor• of
Tlnddmfteld, examined me bankrept with regard to we-
t& moneys which he had received, but bad not paid into
his bantling amount between the 18th May and the 16th
July. At that time Mr. Clengh read from a paper which
he held in his hands, containing a. number of items, amount?
tog in the whole to the ma of 18004, which he bad re-
ceived from customers. The bankrupt said that he never
got the money, and that he bad neither money nor friends,
and, in fact, Wit he had nothing. Them was some talk of
an assignment for the benefit bf meditate between Mr.
Closgh and the prisoner's solicitors, bat it was ultimately
settled that the prisoner slims* petition theComt of Rant.
raptey, The same day the prisoner presented his petition,
via he was adjudiaated bankrupt on the following day,
and mamioed before Mr. Registrar Yorke, objection
having been made to the bankrupt receiving Arson
mail he had been examined in open court. Before he
was examined he made the usual statutory declaration
that he would make a full disclosure of his affairs. Then
he was examined by Mr. Simpson, a well known solicitor
in Leeds, end a curious seenetook pleas. The answers of the
bankrupt were so evasive and an that the regis-
trar had to threaten to send for lei=esioner Arton
to commit him if he did not answer truly,and •
fact the commissioner was fetched out of thine "raiinlwtal
-carriage to mike the bankru out upon the subject.
' He then declared that he ratritkot mid any money to
Ms banker, and that he had only paid to
to .one two of
his creditors a sum of money under 201. old
Beor y. hat he
bad banded over to his father rums of 170/., 33t1f. and
1131., in addition to 9001. which he had •ed fromream cus-