The Express.
London, England, 1857-11-28 00:00:00

THE EXPRESS. SATURDAY EVENING, NOVEMBER 28, 1857.

tato Inallona.

COURT OF QUEEN'S BENCH.—Nov. 27.

(Sittings M NW Prins it Weetminatar—Briere Lord
Campbell ands Common Jury.)

wusums V. 100 DLI.-ALLEOZD KALICIOVI PRIM-
CUTION.

The trial of this action, which was instituted against the
defendant, a solicitor, for having maliciously and without
seasonable or probable cause indioted the plaintiff for •
riotous easeuls, was resumed to-day at the sitting of the
court by the examination of wit:mares on the part of the
plaintiff
The plaintiff, • tradesman in Cheltenham, we. Indicted by
the defendant, along with 15 other person., at the Oloncestee
Amine for usaulting him at • polling booth in the turn,
where he had been to record hie vote at the election of Im-
uocement Commissioners, at which considerable political
feeling wa• evinced by some of the parithionere. The
evidence for the plaintiff went to show that he we. not pre-
sent when the assault took place upon Mr. Boodle, and
therefore could not have tjken any part in it. The plain-
tiff and defendant were opposed in politics, and It was
alleged that the latter had preferred the indictment mutest
the plaintiff solely from personal dislike and polities' ani-
mosity. None of the prosecutions at the assizes succeeded,
and all the fifteen parties were acquitted.
Mr. Bedeuit Pigott, on the part of the defendant, sub-
mitted that his client had good grounds foe believing that
Mr. William.' was one of the men who attacked him, and
that he sated in perfect good faith in including him in the
indictment. The learned conned called the defendant and
several other wits:mew in eupport of ilk ace.
Lord Campbell, in summing up, went carefully through
the evidence with respect to the Lona tides of the defendant
in Instituting the prosecution, end told the jury that if they
believed he had acted in good faith, he was not liable to this
action. A great deal of evidence had been given on both
sides as to whether the defendant was present when the
assault took place, bet that would not govern their verdict ;
for although he might not have been there, yet if he believed
he had reasonable and probable ranee for proceeding against
Mr. Williams, the action would not lie. It was in favour of
the defendant that he admitted he never saw the plaintiff at
the polling booth himself, and that he acted entirely on the
inffsematton of • poliocruan, named Dewlap., end another
11111.11, called Randall,. It also "peewit' that the defen-
dant, before he prosecuted the parties, fortilied bimeelf
with the opinion of a gentleman at the bee, who,
upon the depoeitions of thew two men, maid that
an indictment would lie against them for riot and assault.
If the jury considered that tie defendant had acted with bad
faith, they would give a verdict for the plaintiff, with all the
cute he had incurred in defending himeelf, and something
more by way of compensation ; but if they thought the de-
fendant instituted the prosecution in the belief that he bad
good grounds fur doing so, their verdict would be for the
defendant.
The jury, after being locked up a considerable time, re-
turned a verdict or the plaintiff—Damages, 1601.

(Bpecial Juries.)

DRAIN V. 600711 I.IMITIHN IATLWAT COMrANT.

RAILWAY ACCIDENT.

The plaintiff, MN, Marla Drake, a widow, brought this !op-
tion to mover cotopeaaatioa to damages for the death of her
husband, who wee killed on the South Eastern Railway by
the collision which took pines at the Lewisham station on the
Nth of June lass, between a Gravesend and a Strood train,
and resulted in the death of eleven perions sod injury to •
considerable number of other passengers.
Mr. E. Jame sad Mr. Hawkins were for the plaintiff ;
Mr. Stejamit Shoe and another learned gentleman for the
company.
The company did not dispute their liability, and the eve
therefore resolved itself entirely into a question of damages.
The demand man was 54 teem old, and held the situation
of out-door foreman to • builder, hie earnings being from 21.
to 21. 2s. • week. His widow had mem children, two of
wham were partly depondeat upon her, and one entirely so,
and it was esthosted that SOW, would be required to provide
her with an annuity, in order to place her In Unman puu'-
lion as regarded means of support as if her haahand had

The jury, after befog locked up a short thus, returned a
verdict for the plaintiff, with 3.501. for the widow, 1001. fur
the youngest child, who was 14 years old, and 601. each to
the other two, whole ages were respoctiody 21 and 24—total
clammiest 660 k

COADRROY O. sorru RAIITZUS RAILWAY COMTANT.

This wee another action arising out of the same accident.
The plaints lf was an irritant to his father, who carried on
the business of a dyer and scourer in the neighbourhood of
Tottenham-court-road. He was a third clam ptiseenger from
Abbey-wood, and when the collision took place was violently
thrown spinal the side of the carriage. lie rapidly reoevered
from the chock, and satiated the leas fortunate paermigees
from the carriages, bet some days afterward. he became ill
and was unable to mom. Ho was seized with a nervous
trembling, and had to call in the mai.tatice eta medical man,
in whom hands he remained for some lime, and the effect of
thr abock to his system still remained.
The jury found a verdict for the plaintiff —damages 1001.

COURT OF BANKRUPTCY.—Nov. 27.
(Beton Mr. Commissioner Evian)

IN SE INCh.
The bankrupt, a eargeon, of Pimlico, applied for his certi-
ficate. The matt hap been repeatedly before the court. There
win so opposition, and an immediate cortaficate of the second
class was granted.

IN KR Rll/YANK.

The bankrupt, a merchant of Basiaghall-ttreet, applied
for his certificate.
Mr. Phelp supported ; Mr. Chidley opposed, for the as-
.
ftiglcelltankrupt had incurred liabilities of 4,0001. or 6,0001.,
and there was not a farthing of mama.
His Honour suspended the certificate (second clue) for six
months.

(Before Mr. Commiesinset Gen Morn.)

IN UR UAWLEY.

The bankrupt was a grocer, la Blackfriate-road and other
paces. This wee the examination meeting. It a • 1
that there was • tteticiettcy of 4191. on the welt- whielt
the bankrupt had attnbuted to houw.hold expenditure, with-
out:any vouchers for the same, the weepers premed for an
adjournment sine die.
Mr. Lawrence, for the bankrupt, urged that the books had
been well kept, and that ell the other items were thoroughly
vouched. 1.. odor these eirrumetancee it wee too much to sole
the cowl to presume that the man was a thief. In eighteen
months no leas than 71,000/. bed peeped through the bank-
rupt's hands, every farthing of which was vouched except
this 'whey item of 1001. The court had never been in the
habit of calling on bankrupts to vouch their ordinary per-
sonal expenditure.
The account., prepared by Messrs. Hart show debts of
5,9001., with meets sufficient for a dividend of 10s. in the
pound; but, owing to the hew on evaluation, the official
soigne stated that the dividend would not taxed 0.. in the
tend. At the beginning of 1956 he had a surplus of
po
9,3001., the result of a stork dating et that period. He had
come to the court on his own pctilion, after an unauccesaful
attempt at arrangement with his ereditore.
The bankrupt, in enterer to questions from the court,
stated that he bad born in huoineea thirty cone years, and bad
never failed before, or compounded with Lis creditors.
His Honour (in reference to some remarks which had
fallen from Mr. lawmen.) said he believed that the indis-
position of traders to come to this court ...leather ascribable
to their inability to give a clear account of the disposal of
their property; while the reluctance of creditors to make Ma
of thin rout was chiefly owing to their objection to • public
admission of the account of had debts which they had allowed
traders to incur. A men who came here and told the whole
truth had no mason to complete of that court, and in such
ems the creditors were generally favourably disposed
towards the bankrupt, not only while pusing through this
court but afterward*. Load O. endues had stated before a
parliemintary committee that reercbante looked at the clam
of certillerite which a bankrupt had obtained, and where it
was found that the failure melee from unavoidable calves they
were always ready to lead estielance. The cage before the
court raised the question—a most important one at this jutte-
d:ire what wet of Recounts ought to eatisfy the
court ant creditor. before a bankrupt wee allowed
to pose. Nothing was more COIIIIIIO7I than for bankrupts to be
at • lees, es in thin case, to aecnunt fora portion of their
cub, and it woe metal in melt cams fur the accountant to
attribute the deficiency to primal expenditure or trade ex-
penditure, without any positive evidenew that the money had
gone in that way. An account so fretted was put before the
court, end sworn to by the bankrupt In this cam the other
ere 1101.0•111.10 led to the belief that the bankrupt's intention
was honest, the reminder of the money, to a very large
amount, being eatielactorily evounted for. It would have
been better had he said at once that he could not amount fur
the 1191. There was no ground for eupposing that he was
keeping leek this amount. An the conduct of the bankrupt
would come under dieemaion et the tie' ificnte meeting, the
bankrupt would now bo allowed to pass. ltd the eh cum-
stances of the tut, not been favourable, the court would, by
adjourning the mac sine Me, have endeavoured to obtain from
the Court of Appeal te cinci.ion on the question whether a
bankrupt should be allowed to pass on untouched 'mounts.
The bankrupt then pawed.

(11, fore Mr. Commisaioner Holiryd.)
Tag WELSH POTOSI LEAD AND CoPPM MINING COMPANY

(LIM ITT:I9 ,

This was asitting for proof of debts against the above com-
pany, a winding-up order having been obtained some time
Grounder the Joint-stock Companies Act of lest year.
Application woo made on behalf of Mr. Thontas Clerk, a
contributiey, for leave to Inspvet all hooks, papers, &c., be-
longing to the company, for the purposes of an action which
he had brought against another contributory.
Hit Honour said the application had better be made to a
v of HA court in which the action was pending, and if
Ito thought it desirable that the party should have acme to
the book., this mutt would iaterpoee no obstacle.
Mr. Jaws thou applied for an order to Bitty the order alr•
solute that bad been msde for • call, on the ground that that
°ad" had been appealed against by two parties.. The snood
of the appeal ems that the contributories had already paid the
fall amount of their shores ; and the point was thonAt es
importiutt that it wen to be diseased before the fell court,
As other contributories would be affected by the dental a, it
was asked that the call should not be enforced at prima.
Mr. Heniemi, for the offirisl liquidator, opposed the appli-
cation. There mete no funds in hand to pay the creditors; and
then was no doubt that each contributory was individually
liable to the motto" whether We shone wire paid lap at not