The Express.
London, England, 1857-11-26 00:00:00

THE EXPRESS. THURSDAY EVENING, NOVEMBER 26, 1857.

the can, that he .&Wd hare the other trainees hikes bin
There was no Wringing on the two bankrupts st peened t
the emetics we principally one of a..... t.. aloes the Mei.
rape wen w
B.g ' to take third-clne inniticiales the are
anal be ad'
Mr. cm their behalf, declined third-else:een
cans, let sr pressed iair an tannelina decision. The grew
&t ors had bees mike ei lie speculations of the tookrepti.
an in essay cases they Ind thicossine shlypedmutionhe
..a.igoods •
and whin their limuse reamed, they
several orders wine bad ben gives. They had laps with
a hire esphaL
WI Moon and the pug wil of trading without cephal,
or with Ineadiciast cepini, woe strikingly manifested by
what WOO BOW rinsing Ca the esensenial world.
lir. Bagley consnend that the wisdom of taking large
mane of io commednion bulls
-e bean and getting them
.

illisemrok woe el lbe root ot tie oela.
b. laweeme—Allor that dogmatics d itenre, your NU.
we ea be vow tenetrebly &robed le by to. book.
My leo Yew to., that be bed re ISt le
wok km& lesomaeem. Atter e tow mei mei ea
Snotterr ell be &di iskt W addle until the
Weell temluelia el limy hoot% Jesurry nest.
sennipment e mew bbe Ibe beaknets bad
olhoolPertn Ste lowd, Ist eet, bob teirile
Zemmt di& weeher OD-
17ader booltropey dlrlind would be
rat t!_e maw In So pound. It

as sea that every merchaet had a right to speculate—that
It was at the toot of commerce; but there was a MS te be
set to each speculations, especially in a time like as peseast,
when the nee for speculation had increased, was b
sad ought to be diminiehrd. To large houweirm4
mutat Mkt whether they got a dividend of 10a. la er
oaly ; they wrote it off as • bed debt ; •
nulls of =all creditors, • failure las thit
was abtoints rain. On tins account the seed
laid down the wile that speculation ought not to be mad
far beyond as mount of the trader's capital, .1 Set I
ought to be 'swathing germane to his own beim
the bankrupts. Whig glee-werthenta, had speenblei 112
sorts of aeslpnatsM Anenelis. It wee mil Oak Ileet
adventurer wee weecendel. Tle nee wee the as In yew
tenon as in gmbliag, which wee In fact one kind of Is&
Wing. that the find adventure, if euoceseful,
on ruin. The court wand to know what Ce=gesPe
80,0001. of consignment" gad with this view vend eSeeen
the nee till after Ham Jacobs had been aware'. She
question
wouldclew would beg* depend as the emit, Eel the
court rejoice at bin able to give a entlikete of •
high class.
Adjourned till the 11th of January, with protection.

NATIONAL DEODONAITNO AND NA311:32 CONTANT
(L(AITLD).

. -
This wee a petition fie winding up. under the set of last
elleike._ The palliasse Is Yr. oh
on werehoeseman,
arrereld-rowl der, a creditor for 169!. on three bills
of enhoge,feecepted by Thmaa Ditnedale, the manager of
the ere sy, the mar &ratios being stock plant, and mate-
riels to the oompany, and applied to War use. The pe-
ados Aim that the company was incorporated in Aug-aw,
UM, man the provisions of theioint•Stock Compladas Act,
1/14, kr the purpose of undertaking the decidorianion of
army sad other f. add enbstances and gases, and the eels of
tiesierift material,, also for the manufacture of artificial
mentages." band of the debt haring been made In the
weal him,* petitioner prayed that an order might be
tomb kw op the company.
It errors& that the bad mated carrying. bud-
usasfersoreai,eacWa directors, sit in number,
hare ark paid dr NI aimed te which they are liable ; but
I. sameef de sheedridas Mese te de so, the winding up
has besa aoudad tea may sear af compelling them to
nest Ide dw eaterwilatelme as de ereepany, whith are
aid seem the sox is bow that the shareholders
ar arribaledse ar may about ID la =Mbar.
Mr. J. Lamas, he dr petitioner, and asked
that Use ardor ap thcald M seed*.
Them weer,
Kr. Whiser,Verstier, look the objection that the
Mitibed set bra stamped. Be believed it had bees
lanalwadveeemen, but be wee hood to take the objection.
His Ha mar mid be lesd power to order it to be stamped.
Mr. Lessees' said that no stamp was necessary mail
Auger last, when the order of the court was gist made re-
quiriug this fitillitiow to be on a 101. stamp. The oversight
wee ewe whisk Mr. Winslow himself had also made in filing
the prides.
It was snowed
de a petition should be heard, on sa
wadenteading to
pay de 10i.
Mr. Nottea, he- a shareholder, and II r. Btabte, for the
disslars, osairded to the order being made.
HY Harm, dr Inking at the act, said there might he a
querlas whether Dlariele, the acceptor of the Dille, was
actin " for sad ea bard af the company."
Hr. Lawresee said di all the requisite notices to the
drawn sad ear parks led be. given, and there was no
sae leeriest cry die sllmptkns of the pettion. None
et the Nets of poilemeat prescribed what notice should be
ems • but the rake et the mart required that notice shield
er;ed at the oder af the company, sad ca ere of the
directory, dabeithal la the Gazette,. and another paper ;
and thin had Mug Isms.
Ili* dorm Nis aide the raw.

INSOLVENT DEBTORS COURT.—Nov. 2A.
alai,* lb. Cuminbar Murphy.)
no Ix MOMS SONS= CLAIM DUISDALTI.

This Mr drab wbe hed fir* ler is re army, vie
epperiell le be Mord mar dr PraeuMes Act. Mt kr
primed al e "ear,'• bake the ere* d drat
einem et Me rers Crobsidireeresaa. eels wee tee
al to be renewed r plea He lei reeartly lra rarer
to the Mese of Me Needkel are d Diarress.
Mr. Nide* Mr. Derr, ad Mr. Bud ewes/ bar cre-
ditor, end Mr. Webb, to ibe Arm of Prates sod Webb, kr
e Mts. Itsbire. nerd eeeditar appears:lr peer ; end
Ilem
Mr. peel swpiper
As ipplketra roeled. abbe kw an adjournment for time
mandie, in re tbet the ia•olreat bad lately nadir-
pre ea Ma NZ. Folioed, kin surge.; gave
trare that be seat ant to parr Seliffid.
Mr. Mad rebel a watt ezarreira r to some POW
Mir j i
dor dr perks. OM Mr. Writ Mk • quistity of terrier bad Inas
verrwe

Rank sad U It was wished he mold
bobil • mut et dr Mate of I. towboat. Is prioet
oilot aism mill sot le litoegbit late seen hie
eekdi beef been insi saddle dr oar% r ho re
ao obledise, to e pubtellos Net litto the poem; to hie
Wmei 'akin ibi ammireits.
Ns. &mei weal omega tWet e,laee oboeld bo token
fa tie stems of /b.

Ord 07111161111111114 be lelfititei the insolvent "maid
hewn the Y Ms prehetics was
Aselleir sehei Mr. Palmed =the Insolvent
W see lemelk els beetles d brusay sad ate Whim al mine
In "reek
Mr. Named behind thee sera eras the ere._

N. berrierearitry, ers7reee terror eke. r
be ihe err barb dr regret, reeeweerM -thee
eldhar ea rime skald be epperied, ce the card reran
herd be re ire redes, r ere mem art b Clerery.
remit woo si}somi to re 2bri et rebruszy seek, wed
rerepeL

CZNTRAL CRIMINAL COURT.

OLD COURT.—Nov. 25.
(BAN Mr. Trek* Coleridge and Ur. Baron Watson.)

jade Mario, It, Sanwa larBs, 14, sad Abraham Sim-
mons, 49, ewe Wilde/ Ise Nosy, is having, due the Ont.
amid pelage hed hose doubted ead adjadged • Unkempt,
ealevhdly coeceelod eel mewled • certain portion of hi.
edge* above the valve it lat., wilt haat to defraud the
teeditoro.

There were simnel oiler droller indictments for felony
- the prima; sof they were also ...barged with a
eirviracy to dial the creditor, of the bankrupt by
eereedrtg wad em' n (a Image quantity of hie effecta alter
bathispley. _ _

Mr. EdirinJesesa, 0.C., woe retained eperially b concluot
ty prosinatten, with Mr. Oittard, Mr. Poland, mod Ks
Wausau. Sartori Bs!atins appeared epanally, with
Mr. Robinanis i Jana Marks, Sen•aat Parry was specially
relabel *lt arra Markt, end Mr. kluddketaae, Q.C.,
was "day Moiled, with Mr. Sleigh, for the prisoner
Messwies. . . .

The eels that wee proceeded with charged the pritoner
Jahn Narks with having unlawfully secreted sad embezzled
eh pleaufertes *Ad a quantity of tacking altar he had been
ediadged a buthrapt, with intent to cheat and defraud kis
Realtors; sled the WSW two prisoners Samuel Marks and
Abraham eigiaKes, wen charged Jointly, as principals in
the ,at Wmooed dives, with siding sad emoting him to
rearms that Omar.
. . .

Yr. lonia, in Goodson the rale to the JOl7, said that the
Leh to whisk be skald have to beeper k their attention on
dm present occeske were of the most extraordinary chaise-
ere, end would dreesp • fraud of • most enormous descrip-
tion. in 'thick eseg, in the malt, he believed they woad
entertain no doubt that the whole of the prieosers had de-
liberately eagsged Hower. The ladictinent woe pre-
toned under • ishisto of the 12th sad 13th Victoria, which
declared it le be • New be
.osyysnme, eller he had hem
side • itelwW, to alabook ar conceal any of his
Ante, with • Otir to &bead hie creditor', and he
believed that se or had ever her breeibt forward
modem this Matadi to which se greet end eremoes • fraud
had been cesamitted as in the reseed Wrier The primmer
Jobs Media appeared to base meld ea dr burrs at a
ceeteriker hpralaway-rtete. rid eke la
reei be wesaW aejord
De
mewl et endll the wtth
when bead bale e% hs had Yelbeente
who she erred es the bier of a esedreeker, eat
with where be bed a met learreepeedkg sow. The
Omar Sewed Kerte Beet UMW ea kr brine et
corhorbst k k With the ether
he end he
= thetSillisZd doer that the
ea the sabrdred that were talus le deftised
the areditees, was originally by Bitareone, rid
that he was Ore lekatill gat k the mils:.
The Ilene/ WNW dra reemeled to Wats that Seta
Marks tees YAM a brawl"' to May, 1367. era he rid
be ebeakl prove Ort be erretal reeks Vire sale pad he
het obtained an anonscate quasi* of gosh Ilea dams
tredereas, ifirbir idle ea hw ad its =Mb 1105 'dike

d eaves he bed se hatention ova to pay, and them=
wore dealt with Wen the primmer., and concealed at
plemewader nip asasm circumstance*, and a groat por-
tion of them wen eventuelly consigned to Sydney. 're.
whole of the primes,s would be distinctly proved to have
taken a share en time disposing of the property mid the
propoodings would lame no doubt that dellbuW
pillory wan resorted to in order to carry out the
fraud, the prisoner John Marks having in the
course of his examination before the Court of
Bankruptcy distinctly denied upon his oath that he wee is
poseemion of any iity except that which was glue up
at the time dike bankruptcy, although he must have known
that property to the amount of many thousand peak had
been removed and secreted after the bankruptcy, 'Airily
with the intention that when that had blown over, the pro-
perty should be &speed of and the proceeds divided
them. The result of the examination into the ar:::1
John Marko showed that he was deticient amyl thawed
pounds in his omh account*, and that goods of nearly the
value of Moen thousand pounds were entirely unaccounted
for. A considerable portion of three goods was mbar
wetly recovered, through the information that was
given by a man named Molloy, who had been in the
service of the prisoner John Marks, and this property had
been mold and divided among the general body of-creditors,
but they had still been defrauded to a very large araosat
through the proceedinp of the prism:ten. lie should tell
this man Molloy before them se • witness, and he would
detail the course that wee taken with the goods that were ob-
tained by the prisoners; and, although he undoubtedly stood
in the poeition of an accomplice, yet, when the jury found
that he me corroborated in many eseential particulars, he
believed they would entertain no doubt that he wan speaking
the truth, and his evklenee would be almom conclusive
against the prisoners. The learned mune& then pro:redid
to state some other facts which he said he should prove in
evidence ; and the following witnesses were modeled on
behalf of the prosecutor
Mr. John Austin, a messenger belonging to the Court of
produced the mood of the proceeding in the
yof the prisoner John Marks. The ',Mooney wee
des to be duly adjudicated • bankrupt on the 28th eif
May, 1817, and on the preview day he signed a declaration
of insolvency.
By Mr. lluddleatone—The final examination of the pri-
mmer em adjourned to the 18th of December next.
Mr. Stringer deposed that he was • coach-trimmer and
=maker, and he had had dealings with the prisoner ;slut
for several years, and he was the petitioning cre-
ditor in his bankruptcy. The bankrupt owed him two or
three hundred pounds when he became bankrupt.
Crose-examined—Witness was aware that Samuel Marks
had dealings with his brother, and he had also supplied him
with goods in his Mode. Ho had supplied good" to the
prisoner Samuel, and be was not indebtod to him at the pre-
sent time. Simmons caned on business in puinenhip
with Samuel Marks.
• - " -

S. Staith, manager to Marrs. Collins, Ivory cutters
and dialers in plasoforta, Charles-street, Hatton-garden,
iNeaad thaiglematolvnbertlialtBi6n6,cothe pribmcoerofj?thi:ltaibiarY l
timmi• ha bed purchased of theta to Melbourne,
la wet he hid meshed of it, be had got en order for
lesalitit ease deems, description, end wished witness to
in,* Ram, keg le bit him he could not let him have so
mow vibes. emedlis Mr. Collins, and ate subsequent
lehrelly ti we imused that sin were to be delivered, and
the Omer gars abM ot exchange for the value. Those
ran Wm to • man Dented Molloy, who we. in
d=a anise, sad they were taken ewsy the van
sr. This invoice price of the pianos was 2341 ,
alti him Marks sompted a bill for that amount, which be-
aims dee Await 3, 1857, and was dishonoured when it
arrived et maturity.
Mr. John Unite • rick cloth manufacturer le the Edge-
ware-road, dependthat be bad had business traneections
I with John Mark, for some years, and up to November last
he always paid for the goods be supplied him with. In that
month the prisoner told him he wanted goods to and to
Australia, and he supplied him to the amount of 4001. The
pp ner gave him two bills of exchange for that rum, which
Issaw
due in July last, and were both dishonoured. Alter
re himlaseoW, John Make called upon him and said that
lo Maid ore would come forward and meek la hie
beenth ea he should not lose anything by it.
Oianeelmandited—He had always previously omaidered
the sit • respectable man.
Molloy wee then examined. Hs rid—l was
jan Ikesu AIM of the prisoner John Marks. I was
em er twelve years. I was the foram et his
Is Belbatrest, Paddington. I know the other
ewe pienent. I first saw Simmons after Sanaa Make
aims to Ragland from Australia about two or three
yews ego. Samuel Marks married Simmonis daughter,
sad they afterwards carried on business as coachmakere is
Long-acre. I remember being sent by John Marks to fetch
some pianos from Mr. Collins's, I went twice, and brought
throe each time. I conveyed thou pianos to • mews in
Great Queen-street, and they were placed in • mach-house
there, and Simmons and Samuel Marks saw them after they
had been put them. 1 'nearside, by direction of the pa-
wners Samuel Marks and Simmons, took away four ether
lma, and I had direction, to drive the van over Waterloo- '
bridge, and Simmons and Samuel Marks were to meet me, end
they did so, and got into the van and told me to drizz
and they directed me to goon to Kent-street, where I
up • turning and the pianos were taken oat. On the
following Monday I took the other two pianos lad some
camas that had been purchased of Mr. Unite to the
some place. I did this by the direction of the pettome.
The pianos and canvass were left at the premier d
a person named Vandervil. I remember taking tame geode
from the preamble in Bell-street to the Lyceum Theatre
in May lase year. The praiser Jobn Marks gave me
directions to take these goods._ At this time then were 110
mess of different sorts of goods at Bell-street. They con-
sisted of barns., clothes, boots, and riding saddles, and I
should my the pproroperty was worth 6.0001. or 7,000!. I knew
some of to. trudemen from whom these goods had been
purchased. I begun to remove these goods In May, sod all
the prisoners wasted me to load the first van-load. I went
to the Lyceum Theatre about seven o'clock in the morning,
and I was met by all the prisoner,. The van was driven
away by Simmons. In consequence of some sompician that I
entertained I directed two men, named Young and Richard-
son, to watch where the van was taken to, and I was In-
formed that it was driven with the gads to Weal-qesiy„ and
I afterwards saw some of the cans at Ipwlch that had been
removed from Bellsetreet. After the hseltrapley of John
Marks, all the prisoners °emplaned to see et wry Main sent
Young down to lenericb ; and Simmons said that
if it bad not been foe ute the, should all have bens gentle-
men. I aterwards heard that Simmons wad Sweat Marks
had been taken into custody at Ipswich, and that the ma-
gistrate, reflood to take bail tor them. I reasember being
with the prima' Simmons at Reigate, at the house of a
pave named Forsedirk. Us was • gamekeeper, and had •
small cottage and barn sear the town of Reigate. It was
after the bankruptcy when this occurred. Simmons told me
that he had received a letter from Reigate, informing him
that if he did not remove some goods that had been placed
in a barn at Reigate, they would be turned into the road.
Gunroom drove me to Itagate and showed the the barn, and I
saw • quantity of goods, conaistieg of saddles, nags, he.,
Wide the barn. Thew were some
me of the same goods that
had previously removed from Itell-street. I removed ninety-
fur ammo altogether from Belbetreet. They wave
bogs oases, and I should say we. worth eight
or nine thousand pounds !altogether. I came bark
to London with Simmons, and shortly afterwards Samuel
Mark, gave me directions to plane all the numbers off the
eases, and re direct them to Mr. Coleman, atlas Bricklayers'
Arms station, to be called for. There were addresses upon
aria on the cum at this time, in the handwriting of
Simmons and Samuel Marks. I afterwards received Maroc-
tans to wad theaters to Beading, and they were onneeyod b
the Great Western Railway from that place to Liverpool.
After 1 hod sent off the goods I returned to London and law
the prisoner John Marks, and ho began to swear at me, and
said that a paean named Liddell had seen me, end that he
hod been examined at the Court of Bankruptcy, sad had
sworn he did not know where I wax and that if I was seen
with him he might be indicted for perjury. The pawners
had told me ifl was aeon by any one at Reigate with the
goods I was to may that I was removing them for the benefit
the coeditors, and I was to allow the goods to be taken,
' fed to get sway myself. Samuel Marko after this gave me
r 10i. to lay Illy =pewee to Cambridge, when I was to find
some goods. I watt to the house of • shoemaker, in Barn-
well, neer Cambridge, and I there saw some varnish and
gold eke.
This wits'ss was not cress-ssamined.
Alfred Mandeville demand that be war a ropemaker and
carried on his bulimia at 101, Rent-street, Southwark. Re
had known Simmons about tin years. When heard became
[ acquainted with him hs kept the Surrey Cole hole. (A
[ laugh.) This was • publio-honse. He came to him In
November last, and asked him to mind some goods fora

friend at 1371;47 him.consented to take
chars* al the goods, and the lest witness, Molloy, afterwards
brought some goods In a van. They were in wooden clues
such as are red for importing goods. About five mouths
8-ftdi' this ha stw aiaMOS Win. but he did not say any-
thing about the goods, and they remained on 'Smokes pre-
mises until the 17th of August, when &unmet Marks came
and hired witneee's van and horse, and all the goods were
taken away, but he did not know when they were removed
to. A day or two idtarwarda Samuel Mute and Simmons
cams to , and said they had heard that inquiries bad been
made stout the gooda of hint, and they were nosy he had been
isecomaientsd, lat they had pnrchand the goods and paid
for them. The bankruptcy officers had been to make in-
quiries balm this mavemation took place. Samuel Marks
tell his that be bad bought the goods of a man who was In
want of money.
Charles Chettlebargt, a man In the service of the last wit-
=deposed that by the direction of the prisoner Samuel
be ewe the mes containing the Manta from K sat-
abed le tbei stable in Qom-Arse; and that he left the pro-
perty there.
Own other witnesses ware then examined, whose evidence
went Mcanine the statessant roads by Molloy se to the to-
nna of lebe...=tlowe al the=y.
at the London Docks,
pee= het—"enria shipped in August. Time
114110 Oh Nis% said sYy were desw to °mien plane.
They wan onsignel ba Melleenne.
Mr. Colman ea Wilda lamer maker, deposed that Its
wa:=el with &meg Malts and Monona, and he
m the *me Wag bin to ship loon rode for
him in the moth d Awed het. lie said there were 94
teen zed he wished then to be despatchad from Liverpool.
Me radmeneatly went to Liverpool,
ds and saw a quantity of
the
eases en dr jerky whisk be supposed to be
shi pio that
scheme nheied to, we dhe themrwar by
lbe Innerges br Sydow, Ile received tha at bang
Men awl py• thew to Barewel Nab.

Mr. %lOW. tl.itu culled a WILL..., Ito proved that lb•
prl-
eooen. had received notice to produto they hllb of lading, end
he celled for them ; but tho counsel for the defence mit they
Ind not got them.. . . .

,
The m aim. Coleman was then further examined, and he
mid the bale of lading referrid to pianos, harness., and
geossal merchandise. Ho else stated that he subsequeetly
%gr.
saw goods by direction of the prisoner Small
awl effected polio," of imarance upon the pm y.
Am via suhsequently lad upon the bills of Wing
by
Ia mathesareination the eitness said that he knew nothing
of Ike conflate of the packages.
By Ma. Jesse--Barcuel Marta 'told him that the cameo
tostolooi piton offiol barium. Ail the cam were marked
0 la a a... 4 which wee the mark the lateen Molloy was
egeWediabrsznatan them.
M. 0. a 'hipping agent at Liverpool, was
dim silo/ to prove be chipped the geode in question by
Its &wades of the last witness. He said that he subee-
Mtesselleed a notice from the maignees that the geode
fraudulently obtained, and he was directed to m-
ama Molds of lading. Samuel Marks and Simmons after-
vude ealled upon him and mid it was very strange the bill
of laws 11111 n not given up, and they should take the opinion
Mauer ssikitew upon It.
Mr. Moore, a solicitor, of Woodbridge, Suffolk, deposed
that he acted as the agent of the Rev. Mr. Moore, his uncle,
' who had • house to let in the neighbourhood of Woodbridge.
In April the primate Simmons came to him end wished to
me the house, and he did so ; and • day or two afterwards
he speed to hire: the boom and give 771. a year for it.
Something was said about reference', but he said he would
pay • year's rent in advance, and he gave him 771. and an
agreement was afterwards executed. The prisoner Simmons
at this time ted his name to be Alfred Smith. In
coneopence of something that afterwards weaned he saw
the prisoner end mimed to let him have possession of the
home, but he wee in Rewrite' of the permute for three
dm", i:11.1:1 one occasion he saw Samuel Marks In company
with Simm Mr, and the latter introduced him as his brother.
When he refused to allow the • to retain posension
of the berme, he said he thought to Stow had no right to
inquire tat" his privet, transactions.
Mr. It. F. Jennings, solicitor at Ipswich, proved that on
the 22nd of Maybe was °caballed by two of the creditors of
the prisoner John Marks, end he went with them to some
warehouse* at Ipswich, where they were shown a large
quantity of goods, and the prisoners Simmons and Samuel
Marks, who had pplaced them there, were taken into custody.
They were Ileeltarged on the following Wednesday In
consequence of no charge being preferred against
them ; and they cemented to give up the goods
to the creditors. John Marko, the bankrupt, mine
down to Ipewith daring them proceedings. Before he
came down Simmons and Samuel Marks said that the goods
were the property of John Marks, a respectable coach-
builder in Long-acre, and be had purchased them, and they
ought not to be where they were under each a charge. John
Marks subsequently signed a declaration of Insolvency, and
when these facts were explained to the magistrates the ri-
mers were discharged. He then informed Samuel Marks
and Simmons that they were discharged on account of Joha
Marks having signed a declare ion of insolvency and bean
made a bankrupt. Before the prieonere left Ipswich he
asked them if they had sent any other pooc, anywhere else,
and they both stated they had not, and that there were no
other geode than these found at Ipswich. John Marks, at
the same time, said that they could not have mot away any
more goods because those ablpewich were the " whole lot." '
Some other whammies were then examined, whose evidence
went to show that Samuel Marks and Simmons had hired the
warehouse in which the goods ware deposited at I
and also that Simmons hired the barn at Reigate was
to the same
IPZ7 elkimeon, the solicitor fore the prosecution, proved
that an examon of the balance-sheet of the primmer 1
John Marks showed • &gamey in cash to the amount of
3,9211. 10e. 5d., and that the amount of goods purchased sad
not accounted for was nearly 11,0004 The goods that wee*
recovered, and which were aftemeerds sold for the
benefit of his creditor, reseed nearly 5,0001.
found at Ipswich prod Led the greeter portion of that 1111111.
This clewed the ease for the promeution.
Bedew:it Fan, then urged that his client could not be come
victed as a principal under the present indictment. Heath&
the attention of too court to the section of the statute under
which the charge was preferred, and he contended that the
canoe meld only be committed by a person in the position
of a bestrew*, and that any other personwho might assist
be the removal of property did not stand in the position den
aceemeey before the fact, and could Out under the recent eta-
tate be convicted se • principal.
Mr. Justice Coleridge asked if he was to anderstaad that
the learned serjeant contended that any person who so acted II
could not be convicted of any offence P
Serjeant Perry said that his objection certainly went to
that extent ; but if there was any omission on the part of
the li,irieliturn, the prisoner was entitled to the benefit of it.
Mr. II uddlestone took the same objection on behalf of hie
client. Ile also urged that under the bankrupt law • locus
penitentim was allowed to the bankrupt until be had passed
hie lam examination ; and as John Menke bad not passed
' that examination, for all that appeared to the conteery he
might have made • full disclosure of the whole of this pro-
my, and then there would have been an end of the present
"Tatellcourt having intimated that the learned ecuwel for
iteLimeetigtipozonneed only
er. direct
Martiie attention
and : th.eizialleiti:
convicted as principal.,
Mr. James said it appeared to him that this objection wee
entirely unfounded, and that It was quite disposed of by the
section of the 7th and Bth Gee. IV., which emoted that any
person who incited or aided another in the commiesiett of say
felony, whether at common law or created by statute, should
be ennadered as an eireamorry before the fact, and in that
capacity might be convicted •• • rim-Ital.
Mr. Justice Coleridge, after • abort consultation with hods
learned brother, raid the court was at present of opinion that
the objection was not a yard one, but, se it wee • quietism of
considerable importance' they would give the point further
consideration, and they would reserve the question if it
should become necessary.
Serjeant Ballauttee then proceeded to address the jury on
behalf of the prisoner John Make, end he contended that
the evidence did not support the specific charge brought
against him under the present indictment. Ile and he would
not deny that he had acted recklessly and imprudently, bat
it appeared to him that the evidence failed altogether to show
that he had committed the very scrims ethane contemplated
by the statute, and he said be felt assured that, but for the
odic introduced into the case by the evidence as to the
tr
I of large quantftlea of other property which had
nothing to do with the prevent charge, the jury would not
for a moment think of tonrieting him.
Seejeant Parry sad Mr. Iluddlestone next addres•ed thee
jury for the other Ten. They did so very briefly, sled
the principal point appeared to rely upon was dr het
that Samuel Marks Simmons appeared to have made a
claim toe considerable amount upon the estate of the other
prisoner after his bankruptcy, and they contended that all
they lad done wee to endeavour to get a preference in the
payment of their claim ; end they said that, although this
wan undoubtedly very wrong and improper in a commercial
point of view yet that such •proceeding did not come within
the scope and intention of the act of parliament ; and that,
If the jury believed this to be the real stets of the erase, they
ought nut to convict the prisoner.
Several witnesses were celled to speak to the character of
John and Samuel Mark., end they meted that they had
known them • great many yean, end they had always
conducted themselves in an honoundile and respectable
unner.

or,oooo.
Mr. Justice Coleridge then summed np the wilds of the
evidence with great care a•d impartiality, and the jury, al tor
deliberating a short time In the boa, expressed • wish to re-
tire. They left the court at ten minute.s pest eve, and at •
quarter to We o'clock they returned into court sad gave •
verdict of Guilty sgwinat an the prisoners.
Mr. James said that so he understood their lordships only
reserved for further consideration the point raised by Serjesnt
Parry, whether the prisoners, Samuel Mark. and Simmons,
could be convicted so prinripals, hn propored to let the other
Indictments stand over until this point had been decided.

The prisoners were then called up for judgment.
lir. Justice Coleridge, in passing eenteece, said that they
had been found guilty upon evidence which was
setisfactory of the commission of a crime which no one ca
doubt, M a greet commarial otiuntry, was a aline of the
highest gravity and required to be visited by very ovine
punishment. Ily the bankruptlaw, so soon OA a Min Imame
bankrupt, the whole of the property he pommeled became the
property of his creditors, and wee to be equally divided
amongst them, and it was quite clear that this law was a per-
fectly just one. From whatever canes the bankruptcy
atom, the creditors were entitled to have all the property
that ',rosined divided between them, and the least a bank-
rupt could do we. to give up such property hoseatly in re-
turn for the immunities that he afterwards received, and say
one who endeavoured to embezzle such property embemled
the property of hie creditors, and was properly held to be
guilty of felony. A question of law had been relied which
would undergo furtbm consideration, but he should still
to pees sentence, for if that point should be decided
proceed
favour the sentence would not be canted
ant, end they would stiffer no hardship by the
course he was taking. It wee perfectly deer that
a great sad rem freed bad been attempted by them
all, and ha lad hY loaribed brother had looked carefully at
the facts to em whether they were justified in making any
distinction in these can, but they had been unable to dis-
cover: icy grenade Ike snaking such distinction. If they had
been inclined to spondees upon the matter, they might per-
haps have considered It probable that Simmons, on account
of his position, and who wee undoubtedly the oldest of them,
had taken the met Mabel part in the transaction, but they
would not eat upon say speeolatire opinion, and the sentence
would thank* be the moo upon them all. Hie Lordship
then concluded by araering each of the prisoners to be kept
in penal servitude tor eight years.
The primmer', and pardeatarly Simmons, who smeared
quite astounded at the einteme, were then moored groin the
bar.

NEW COURT.
(Before the Recorder.)

Molt:harigh Jervis, 52, clerk, windicted for obtain-
marrieds from Sarah Parker the eem of foes
eat to cleat erad defraud.

Mt. W. Coopwpaoeatd. ^
The hots at the ma, although very peculiar, and am
pylag the.oert • long lima, lay in • morrow oomph. The
puma mated as the proasentria, although to party to Uwe
BF=a lady, gat widow of • atockbtokar, aajoybg
is
401. • year from the Stock Exchaago. In sarly
Li gm bad •MI Awn • window, w•lok awned lac bomb,

sad one of the delusions under which she labour. Is, that
aes Io kept out of an extravagantly large fortune, and
soother that she had two grown-up children, who died In
1862, she never having had any family. Early In May she
put an advertisement into the popers for • solicitor to take up
her BUM In con•optenoeof this theprieoner callwinpos her
and having heard from her the details of the Imaginary for-
tune see= to obtain her rights and carry her through for
GO. , mating at tho time that he was a solicitor and could
practice in all courts. Skis upon that occasion gave hint 30e.
I.lpin the second visit be said he =mild want 21. 10e., which
she gave to him ; and at that time Mrs. Parker said that the
Court Journal contained but fow of his name in the legal
profeuion, and asked if he was related to the late Sir John
Jervis, and he said be was his son, end that his sister was
married to the Turkish ambassador. A lady named
Houghton, who war on a visit with Mr.. Parker, having
some doubts about the prisoner, put =Lao questions to him as
to his place of reeideaoe, which he said was irrelevant
and not usual for solicitors to answer, securing her that he
kept his carriage, had town and country booze, and gave his
place of correspondence, 62, Newman-street. He said the
cam wee • very clear one, that he had filed a bill in
Chanowy, and that she would have 1141 allowance of 101. a
month. He brought her a quantity of papers, which he read
over, and all of which purported to relate to her suit, obi
taining her signature and that of her friend, Mrs. Houghton,
to whom he ezp .rmied an opinion that Mrs. Parker was
not sum Mn. Houghton said she knew she was not, and
as an inotanco told him that she had tamed her (Mrs. Hough-
ton) with having had two children by George the Fourth
and four by the late Dabs of Wellington. Notwithstanding
this, end being told that there was nothing coming
to her, and that she bad never had a family,
he obtained money from her to search the regieters
relative to time children, and upon one of these
maidens said the clergyman was so pleased with him
that he had invited hint to breakfast upon chickens arid ham.
He managed by those means to obtain from Der about 18t
when her niece interfered, end finding that he had not held
any certificate al au attorney for some years, and that nothing
bad been even tried by him to ascertain the truth of what had
been stated, she gave hhn into custody.
The prisoner, in a very able =owl, denied the false pre-
tence.% and argued that he had piesecuted the nit to the
utmost, end was doing so when given in custody. He also
called Mrs. Parker, who denied most emphatically that ha
had made her any false pretence, but it was most evident she
was not sane.

-117:boo having replied must ably,
His lordship summed up, when the jury, alter being
absent some time, found the prisoner Guilty, but mom-
mended him to merry.
Prisoner—l am innocent; but God's will be done.
The Recorder said that but for the recommendation, be

should have pawed a einertr aontenee than he waa about to
do, and that wan 18 months' imprisonment and hard labour.
The cue lasted until put eight at night.

THIRD COURT.
(Before the Common Serjewt.)
. .

Dario! Rees Davis 47, schookomMr, plaided guilty to
having obtained, b 7 floe pretence., the sum of 441. from
Brame Oradell and °Morn and Mao the sum of 11. ls. from
Edward Budd.
_ _ . .

Mr. Bodkin, who appeared for the pmeecution, stated that
the fraud with which the prisoner stood charged wan one of
a most miKhievoua character. lie had, under the pretence
that he vas authoriaed, collected the sums in erudition, to-
wards maintaining one of those most useful charities which
adorn our metropolis, namely, the !gigged schools. Buch
frauds upon the public were most injurious, as they blinded
to check the flow of charity.
Mr. Pence, for the prisoner, urged In his defence that he
had been a ragged•echoolmaater in °ravel-lane, and deo In
the Mint, at a very small salary, and was in great &Mmes.
The court sentenced the prisoner to six months' imprison-
ment.

James Sankey, 22, polioo constable, Matilda Rost, 18,
'meter, William Barnet. 28, labourer, and Ellen Mill.,
25, widow, were indicted—Burnett and Sankey with stealing
property valued at 6001., the property of Raabella Robert-
son Aiken= ; Roe with aiding and abetting is the toenail'.
'iota of lb. old Mlony and; Mills with haring felcinionaly
received part el the said property.
The jury Atequittal B.** finding the others Guilty.
Sankey was sentesoal to az, and Burnett and Mills to four
rare SerVitVilli.