The Express.
London, England, 1861-11-01 00:00:00

THE EXPRESS, FRIDAY EVENING, NOVEMBER 1, 1861.

Setr'ct&t.t..4 of 7, 10.11. each, for 2-yr•olds, 74; three,
it 714 ; four, Set I'2lb; Mrs awl upwards, Vst ; visage
to bo sold kw 23 son., if demtaidei, &c. Last ha d
ALM.

HS aerating u 1 10 @ay.:. each, fur 2.yr-olds, bet nb
+4t •nib ; few, 94 ; Me sod upwards', 9st 415 the
winter to be told fer 200 soya., if demanded, ke. T.Y.O.
SoarrersuLts of 10 ,A•ve. each, for 3 yr-olds, ist 91b ;
fear, 54 71b ; fire, 84 121 b ; six red aged, Dot ; the wioner
to be sold for 130 Dom, if demanded, kr. E.N.
SILLINt: HAKUICAr SWUM:MAIMS of 15 ours. each, 5 ft,
for 2-yr.uids and Upwards ; the trieuer to be sold fur
120 wrs.. if demanded, kc. A.E.C.
HAN I /ICA l' Het srAKLY of 17, sows. each, 10 ft, for 2.yr-
eids.

t4ilCl.lTr \ la% of 10 eon. each, for 2-yr-obla ;
• ; Melt. rilit 411, ; the winner to be soil fur 40 con.,
U dmaanded, ac. First haU of Ab. M.
HANDICAP Se tEPOITAILMS of 15 Boys. each, 10 ft, for 3-p-
-obbs and upwanla
sarksr•rsitts of 100 WWI. each, h ft; eolta, Sat 101 b ;
• rs,t 710. T.Y.C. (7 subs.)—•Lorelei, •Farfalla,
*.tuxiety, •Pergula. 'Temptation, Vilotte (pays ft), The
Fi,,,httog Cock (pass ft/.
MATCH.— Lonl berl,r's Robin Hood agst Lord Glasgow'.
'The 84 711, each. 1).3!. :00, 50 ft.
31AT'11.—Lord Glarow's e by Barbatus—Clarissa agut
Mr. Payne. 'Alcliymist, 8,.t 71b each. T. Y.C. h ft.

('Att.r. This mare met with an Accident whilst at
sacraw on the Limekiln., at Newmarket, on Thursday,
and wn.
Lon) CUMIN'S RACING ESTABLISH/SENT WM sold for
„IOM„ and the fixtures for 50/.

JOHN lmuwos will have the we of Count Betthyany's
hens, and will take up his abode at Newmarket.

Katy intelligence.

COURT OF BANKRUPTCY.—Ocr. 31.
(Ware Mr. Commiasimer Goulbourn.)
CARER or PAUPER PRTSONERN.—TYPORTANT NOTITTEATION.

The Commissioner—There are some persons hen today
applying for their discharge in forint pauperis. I wish to
know if they have paid the money out of pocket for the ad-
vertiuomeota.
31r. I'hilp (who appeared fur tho bankrupts)—Yes ; that
has been dodo.

The Commissioner—l wish to make a remark upon those
cases. I have received • great mauy communications on
this subject, written under the supposition that it is in the
power of the court to prevent those payments being made,
and to order the discharge of paupers without their paying
anything to anybody fur any service rendered. These
letters seem to suppose that the messenger ought to
pay money out of his own pocket for the ad•
vertiseuieuts, and that the gaoler ought to pay
money out of pocket for conveying prisoners to the court
to be discharged, that this court, has power to make an
order to that effect, and that it neglects its duty if it does
not make such au order. Upon looking at the '2l.ith section
of the last art, which has been so much misinterpreted, we
hod it is to thus effect :—" That all monies and government
securities which shall at the commencement of this act
stand in the Bank of England to the credit of the account
of the Commissioners of the Court for the Belief of Insolvent
Debtors in England shall be carried by the Bank of England,
in such rummer as general orders shall direct, to the account
of the accountants in bankruptcy, and subject to the
orders of the court for the payment thereout of any dividend,
or fur the declamtiou of any part thereof, in
the matter to which the same originally belonged, shall
be applicable in like manner as at present, or
in such manner as the Lord Chancellor shall by order direct
toward+ iamoept other things) defraying the expenses of
and incidental to the discharge of pauper prisoners herein.
after provided." Now it was supposed that that fund was
enormously large.
Mr. Philp—do it is, I believe.
The Commissioner—No ; it is very email indeed. But
after paying these dividends the fund can only be applied
towards the discharge of prisoners as the Lord Chancellor
shall by order direct. This court cannot do it without the
order of the Lord Chancellor, which has not yet been made.
It should be known that hie lordship has bad these matters
under his consideration ; and I believe lie will very shortly
make an order for the payment of those expenses—not out
of this fund, for it is not sufficient for the
lux:,
but out of the chief registrar's funds. His u
thinks that, under other clauses of this act, he has power to
make an order for the payment of those expenses' out of the
chief registrar's fund. Meantime it ia • great mistake to
suppose that the court is calling upon the bankrupts in
pauper cages to pay fees ; all they are called upon to pay is
money that must be paid out of pocket. This they have no
right to make the messenger pay.
Mr. Philp—No, certainly nut. I have disabused their
minds as to that. _ _

Thu Commissioner—One
of the messengers told me that he
bad 40 of those pauper cases ; and if he had to pay Ns. each
for their advertisements in the Uwe". • ho would be seriously
out of pocket. The way I take it is that the merenger
oolongs, to receive any fees at all, but he is to be paid money
which is actually paid out of pocket for advertising.
The same with regard to the gaoler. In the oases of
prisoners brought from a distance it is monstrous to nip-
per that the gaolers should bear that expense. A man may
be brought from Southampton, for instance—our jariedic-
lion extends 100 miler round andon ; and are the gaolers
to be expected to pay those expenses without anything to
swoop them ! Imu happy to say, its expected that
very shortly an order will be made for the payment of those
exposer And those persons have no right to complain,
bemuse if they remain in prison till the beginning of next
month, them is • clause in the new act by which the regis-
trar is to attend at, the gaol to examine their caws, and then
to discharge them at once. But if instead of waiting for
that they chore to petition this court, they have so right
to say to the merenger, "You mast pay for nay advertise-
ment,"and to thornier "You must pay fur bringing me up."
That would be subjecting those oaken to very great hard-
ship, and to on expire which they could not bear. Lt
all events, this war has no power to make any such order,
but only to act under the order of the Lord Chancellor.
That order will. I believe, corns, out in a wry few days, an.
thortsirr the payment of those charges out ol the chief re-
gistrar's fund. I wish it to be understood that we have
nothing to do with it. and that we should be doing an injus-
tice if we made the officers pay those expenses.
Mr. have explained to them that it is merely this
fees of the court which are remitted.

The Commissioner—The messengers have no right to take
any fees, but they are entitled to money paid out of pocket.
With regard to advertising, I may say that a measure is in
ontemplation for reducing very much those expenses, as
was done in the Insolvent Debtors Court. At present a
bankruptcy can only be advertised at the expense of 15s ; by
the new mode it will be done fora.

IN El MCAMOR.

The betkrupt, an upholsterer, of flhipetreet, Brightee,
applied for his certificate. Debts, 3,60 N ; meets between
6W. end 7001.

Yr. G. Ist;rence opposed for the assignees, and charged
the bankrupt with °assailing a portion of his estate sod
with obtaining credit by false representations. The bank.
ropes father had laid claim to the whole of his household
(orate's, though be was mot io a position ever to have been
palsied of such furniture.
Alter haring Mr. Lowrance for the bankrupt,
His Honour damned his judgment.
(Before Mr. Commissioner Faoe.)
II MIL —I:IIPOZTANT JeDGMOIT.

The bankrupt, Patrick Fenn, was described es at
umbrella manufacturer, of Milk-street, whose examination
bad been adjourned from time to time.
Hid Honour now delivered judgment, and said—The bank-
rupt, Patrick Fenn, owed to crediton to be paid in full
1471. 10a, iond to common creditors between 7,0001. and
8,0001. Apinst that amount of indebtoduess he has pre-
deed meets which havo realized 7581., which sum is reduced
by expenses, preferential payment/, he., to 5471. ; the divi-
dend payable to common creditors will, therefore, be wiry
small indeed. The assignees being greatly dissatisfied with
the results insisted on • full (membrane, and an enormous
amount of examination and accounts were flied, the result
of which is nothing but confusion. The bankrupt admits
having sold goods at • loss, and he did not deny that he
bought goods solely for the purpose of passing them to
third persona, and obtaining from those persom acceptances
for the value of the goods, by the discount of which se.
antennas he obtained money wherewith to straggle on in
his burner, and so pot off the evil day. After having
carefully read over and reordered all the examinatioes
which have taken plane in this ease, sad the amounts which
have been filed, I itansot arrive at soy otherconolusioo than
that the bankrupt is • rockier adventurer; but how to deal
with him between the eld law and the sew I ant at • keg to
say. I am, however, eitidied that farther exandsation
will be useless. I shall, therefore, allow him to pus his
last examination at his own peril. If the easiness are el
opinion that the bankrupt has broach{ himself within the
mope of the criminal law, they neat paned by isdionarat
or otherwise as they may be advised.

se 811171 LID PAM:XT.—AS(OMM JI:TDONZPT.
The bankrupt. were leather merchants, of Bermondsey.
Mk was au application for certificate by Patient.
His Honour now delivered judgment. He said—Tbe
bankrupt William Francis Patient asks for his certificate.
He carried on the business of • tanner and leather merchant
• Beelaosdasy New.road, Surrey, for fourteen years, in
partserahip with William Smith, and about the middle of
August, 1860, they found themselves in a partition of
indebtedness from which there was no reasonable
hope of recovery, and they therefore each signed
• declaration of insolvireey, and placed themselves In
the bends of their creditors. The result of the iavesel.
gation which has takes place in this court has bee, to show
not what could properly be called reckless trading, but •
continuance of trading long niter it ought to have ceased.
As early.. January, ISM, the indebtedness of the bank-
rupt amoustoa, in round numbers, to 200.0001.; and what
were the assets? It appears to me that putting those diets
at the highest, they all short of 40,0001. Can any one
doubt what their conduct ought to have been under arch
circumstance. ? Of course they ought to have called their
creditors together, laid before them the state of their affairs,
and left them to consider and determine the course to be
pursued. Creditor., particularly those who move la the
higher commercial circles are almost always °pandered and
forbearing. Indeed it is their interest, well understood, to
be so. Unfortunately these gentlemen bad sot the amaze
or geed de.e to adopt this course; end what was the souse.
queues? that every day their position became wade and
wens, till at last, In Augnet, 1860, they're'e obliged to sub-
mit todurkroptey. The dividend they will pay will be
' about b. in the pi dud. An attempt was mode to palliate
the misconduct if these kentlemen by saying that they
relied for rescue un the supposed wealth of the sow fallen
rust bond of Streatfellil. I.4unsuce, and 00., is the sane
dd.... with themselves, andcnnnected with them by family
ties; but such attempts at palliation of commercial miscon-
duct are frivolous. I cannot look upon their conduct in
soy other light than that of reckless trading. Padded alone
applies to me now, and to him I give • cathode of the
lowest class. Smith, owing to some eireunistances sot ma-
terial to the merits, earned have his certificate now. Its
will apply for it at a future day.

at TENT.

Yr. ['overly presented a petition hi the case of this gen-
tleman, described as a siewspaper reporter.

INSOLVENT DEBTORS COURT.—OtT. 3L
(Won the Odd Comaisioser.)
VA RI CHARLES CLAW

This lasolvent, described as the box sad Wees keeper at
She Victoria Theatre, applied under the Notection Act
Two publicans named Newham and Grammer opposed in
Pllwgi*
t appeared that the intolvent had speed to tiarchase a
public-hours of Mr. Newham, and pre ea lOU by way of
deposit, on which he had been sand. He represented that
he bad money in a saviors bank, which tuned oat ace to
be the awe, and the parches@ went off. Mr. Newham ewe •
plead al lb. lees be bad incurred is the sale al bin steak
to Inset tbe sum to be paid by the insolvent.
Mr. Grammer wee • meteor to SW. 4s. lid. for goals,
suppled to the iesolveat as saloon keeper, and be Opea.
pierced last a porting lad bees supplied et a time ke wee
&wolves% sad whoa be pelideared. The Woken pave aim I

to understand thit he was solvent, and wanted him to be-
come secunty to a loan (Aloe, which he declined.
It appeared that the ineelveut was now "out of office"
at the Victoria Theatre, and was keeping • cigar shop. Ile
had sustained a loss by a musical entertainment he had tra-
velled with in the country.
The Chief Commissioner doubted whether on the next
cccaaiun the insolvent would have hi protection. It was •
case in which he might have to wait a little time for it.
The final order win appointed for the 22nd November.
IN RE HENRY HENKLET.
This was an application to appoint a sitting for the foal
order. The insolvent was a builder at Lowe: Norwood.

Three creditors opposed, sod Mr. itobertaon Griffiths
supported.
An application was made for an adjournment, on the
ground of illness, mad a medical certificate was put in evi-
dence. The insolvent was stated by hie son to be confined
to his bed with a cold. The creditors proved that he was
out on Monday.
The Court thought the evidence not very satisfactory
as to his non-attendance, and adjourned the case till
Tuesday.

THE ATTEMPTED DOUBLE SUICIDE AT
CHESTER.

Jemima Mor'
24mn, a well-dressed, good-looking
youog woman, aged, was charged on Wednesday at the
Chester Police Court, before the magistrates and the city
coroner, with having feloniously attempted to administer to
t;cores Homy Davies two ounces of laudanum-, with intent
thereby to poison, kill, and murder him. The case created
excitement, and the court was crowded throughout the pro-
ceedings. It appeared that about two months since the de-
ceased, George Henry Davies, who was a druggist's assistant
at Rhyl, in Wales, became possessed of a large sum of money,
with which it was intended that he should look out for an
eltgilde opening and commence business. Re left his situa-
tion, and after a short time made his way to Chester. Here
he led a rather dissolute life, and soon became acquainted
with some girls of a very indifferent character. With one
of these he went to live, but after a short time they dis-
agreed and parted. About three weeks since he made the
acquaintance of demima Morgan, and from that time
up to his death they lived together as man and wife.
On Sunday last they took a trip to Liverpool, and in
the evening again returned to Chester. During their
journey from Birkenhead to Chester the deceased took
a bottle out of his pocket, which contained laudanum, and
said to Morgan he was determined to poison himself. She
said he should do no such thing, took the bottle from him,
and emptied the contents out of the carriage window, say-
ing at the same time, " You never shall, for if you die
I'll die also?' They went to several public-houses after
they returned to Chester, and partook of • quantity of
bitter beer, after which they returned to their lodgings in
Frodshametreet. During this time the deceased frequently
talked about poisoning himself. Before retiring to their bed-
mom, Davies wrote a prescription in Latin, and sent a boy to
a druggist's shop to fetch what he had written for. Soon
after this they adjourned to their bedroom, when the de-
ceased again said he would take poison. Morgan tried to
persuade him not to do so, but he still being determined to
take it, she agreed to die with him. They then arranged
that Davies should pour out Morgan's laudanum, and that
she should pour out Davies's. After this hail been done
Morgan's heart failed her, and the did not muster sufficient
fortitude to take her share for some momenta. Davies
finding that sbe hesitated, said he would take both her por-
lion and his own. This she would not allow him to do, and
filling up her glass with bitter beer, immediately swallowed
the contents, and Davies followed her example. They then
went to bed as if nothing had occurred, but after being there
about • quarter of as hour Morgan became alarmed from
hearing the dooeued breathing very heavily. She at once
called for usistance, sod it being now between twelve and
one o'clock, it was deemed advisable to remove them to the
Infirmary. Davies, however, was senseless, and notwith-
standing everything was done to revive him, he expired
soon after nine o'clock on Monday moroing. The laudanum
was not so effective upon Morgan, for after taking au emetic
and some stimulants she gradually recovered.
A post mortem examination was made of the body, and
the medical men gave it as their opinion that the decamped
had died from the effects of laudanum and alcohol. He
left a letter upon the mantelpiece in his room, in which
he stated that Mn,o Morgan would call in a few days,
and Litzy's (the prisoner's) things were to be delivered up
to her, and that the ring upon her finger was not to be
taken off upon any consideration. They had also left three
letters at the City Arms, which they bad requested the
landlord to post for them. One was addressed to the de-
coised'e mother, Mrs. Paddock, Ridge, Whittington, Shrop-
shire, which was as follows :
" Chester, Oct. 27, 1861.—My dear Mother,—You will
find me in Frodsham-street, Chester, dead, so you must
come immediately and inter Jemima and I respectably,
according to the rites of the Established Church.—l am,
my dear mother, with warmest love,—G. Duke.
" Address, Mrs. Wasem, Frodabam-street, Cluster."
There was also a letter addressed to the prisoner's father,
Mr. William Morgan, Mimi Cottage, near Oswestry, Salop.
It was dated Chester, Oct. 27, 1861 :
"My dear Father and Mother,—lf you like to take the
trouble you will find me at Mrs.Wasem's, Frodshametrest,
Chester, on the 28th of Oct., dead ; so, for God's sake, come
and seems, and he who loves toe, respectably interred. You
can keep my friend's clothes with my own for ever. Be sure
and come end fetch the box immediately, and any other
luggage that I may posses& Jemima &ft not owe Mrs.
Wasem a fraction, therefore I trust you will not give any-
thing.—l remain, yours affectionately,
" JIIIIMA MORGAN.
" Turn over.—For God's sake burr us both together, be-
muse our love mu not of a short and fickle duration.*

The other letter was addressed to Signor Volpe, Rhyl, re-
questing him to send a print and the acoount to the deemed.
AU the letters were in the handwriting of the deceased, with
the exception of Jemima Morgan's signature to the letter to
her fatherand mother.

After these frciai;d been elicited, Mr. Cartwright, who
watched the ease for the prisoner, commented upon the
evidence, and maid he considered there wee no evidence to
implicate her to warrant them in returning a verdict of
guilty.
The Coroner summed up most minutely, ad said that if
they found that the deceased bad taken poison whilst in a
sand state of mind, there was no doubt that the prisoner
was guilty, and they would have to find their verdict ac•
coedingly. He quoted several eases of a similar nature to
that on which the prisoner is charged, wherein it was
expressly laid down that where two persons took poison
together, and one of them survived, the survivor was guilty
of murds:r.

The jury, after a few minutes' consultation. returned the
following verdict :—" We find that deceased died from talc.
ing laudanum whilst in a sound state of mind, administered
by his own hand ; and that the prisoner was to the
act.* Upon hearing the verdict the prisoner fain away,
and was taken out of the court in that slate. She stands
committed to the nextCbaster maims by the magistrates
and comer to take her trial.

SERIOUS APPRAY Win! AUSTRIAN SAILORS

AT BELFAST.

On Tuesday afternoon a rather serious any tools
place at Belfast between the sheriff's officers and the crew
of an Austria. vessel, which at one time threatened very
serious consequences. It appears that a bottomry bond had
been give a by the former captain of the Vittoria ~ofS Trieste
to Messrs. Benin Nicolopule and Nicholas Zannier Chriso-
veloni, a Liverpool firm, for the sum of 6001., which the
owner and present master of the vessel, Guinness Spadoui,
disputribie liability to pay ; and the law courts la Dublin
bad, enisequentky, been moved in the matter. A writ of
arrest for debt and costs, row amounting to 627 L, was
issued, and Island in the bands of H. It Bottomley, Bsq
under•heriff of the county of Antrim, for execution, and
bailiffs were ou Tuesday seat on board the ship to apprehend
the defendant. When the officers reached the venal they
fouud that the crew had armed themaelves with knives
aid slicks. and had turned all the men who bad
been eogegni he discharging the cargo and other
strangers oat et the ?easel, snd prepared to resist a cap-
ture by foam The bailiffs were threatened with sum-
mary vengeance if they dared to proceed in the execution
of their purpose • and, easing the violent attitude of the
crew, they reported the state of matters to the under-
sheriff, who immediately sent an application for the as-
'inane. of the constabulary, which wee promptly rendered.
A party of constabulary, under the command of Sub-
Inspector Madan, accompanied by Mr. Bottomley sad
the bailiffs, then proceeded to the quay, where the former
were drawn up in line, armed with their =Noes sad
beyoneta. Mr. Bottomley wait on board the easel, and
demanded his Fenner. By this time the affair had created
au extraordinary amount of excitement, and some hundreds
of people were congregated on the quays and easels, the
yards of the latter being manned by the sailors and ship-
wrights, who .anted to tine a most vivid interest in the
proceedings. The previous conduct of the Austrians bad
led to the expectation that serious reaulta would inevitably
follow, as, besides their threats to the bailiffs, they had, on
the departure of the latter to seek assistance and initia-
tions, spread out their flag on the gangway, on which any
cue going on board must of necessity have stepped, and
they were loud in their protestations as to the danger that
would follow to any one who dared to trample on the
double-headed eagle of Austen On the arrival of the
armed constabulary, however, the men saw that discretion
was the better part of valour, and they thought fit to aban-
don their attitude of resistance. When Mr. Bottomley
made known his errand, they pretended not to understand
the nature of the applicatioo made to them. They also
denied that the captain was on board. James M'Neill, the
bailiff, however, searched the vessel, and at length found
Spadoni in the hold, and brought him on deck. At first he
refund to go with his captors to gaol, but, seeing the force
at head to compel him, he demanded to be taken to the
office of his email. Followed by a large crowd, be
was cessequently taken to the office of Mesas.
Andrews and Alexander, where he had an interview
with Mr. Andrews, the Austrian consul. The under-
sheriff, acting with the utmost consideration in the matter,
submitted to the inspection of Mr. Andrews the
fiat of arrest, when the latter at once informed *adorn
that everything was perfectly valid and legal, and that he
must conform to the laws of the country and pay the debt,
or take the consequences ; adding that, of course, if he had
valid reasons for disputing his liability, as he alleged, there
were means open to him for obtaining redraw. The pri-
mmer was then marched off to gaol, where Mr. Andrews
subsequently had an interview with him on the subject,
mud we understand that arrangements will be made for the
discharge of the claim and the liberation of the prisoner.
We may add, that it wal ouly through the forbearance of
the bailiff. in the first instance, and subsequently
the firmness and discretion of Mr. Bottomley, the under.
eked. and Bub-Inspector Bindou, that blood was not shed,
as at one time the affair had a most alarming appeanace.—
Nortkens Whip.