The Express.
London, England, 1861-01-03 00:00:00

EVENING, JANUARY 3, 1841. '

Kate Intelligenct.

INSOLVENT DEBTORS COURT.—,,lax. 2.
(Bet ore Mr. Comativiionsr Nichols.)
IN 111 iIIiAILAJI

This insolvent. whose case had been before the court in
the September sittings, and reported, appeared for adjudi-
cation. He wee opposed on the part of a Mrs. Fiske, on the
ground that he bad received a sum of money in discharge of
some hills of exchange and had not paid it over. It was
intimated to him that an adverse judgment would be pro-
nounced. The case stood over to insert a plaoe of address
in Northumberland-street, Wand. He had formerly been
aspeculator in "time bargains," and his &hie were about
0M-
Mr. eargood now appeared to oppose on the part of Lord
Charles Clinton. ou the ground of fraud in reference to •
sera el 500 f. paid by his lordship to the insolvent, who
made the following statement on the schedule :—" The
amount given by this creditor to me to aid in negotiating
certain bills of exchange to be drawn by Lord Thomas Clin-
ton and accepted by this creditor. The amount received by
me was to be for commission, but owing to the state of
affairs of both parties the matter was never carried out."
It was elicited from the insolvent on his examination that
he was entrusted with two bills by Lord Thomas and Lord
Charles Clinton for 5,0001. each to get discounted, and re-
inked at the time 500/. as his commission. He denied that
he had received the money to put into his banker's to increase
his balance. He believed there was some understanding that
he was to return the 500/. if be did not succeed
in getting the bills discounted. He tried to get them dis-
counted but could not, and returned them in a few days.
Hs did not return the 5001., and he considered he was en-
titled to it, because a "deception" had been practised on
him. The deception was that Lord Charles and Lord
Thomas Clinton were men of considerable property, and
wished to raise money on their bills u men without debt or
lacumbrance, but he discovered that they were much in-
voked. He placed the money into the hands of Messrs.
smith, stockbrokers, and 2501. went in • speculation he
had in Consols. He received the remainder, 250/., and
had spent it.
Mr. Sargood proceeded to examine the insolvent as to
some bill transaction with x Mr. Gottheimer. .

Nr. large Lewis, the insolvent'. attorney, objected, u
the insolvent might criminate himself.
Mr. tAiminisaioner Nichols held that the insolvent was
broad to answer the question, as the party might be a
creditor.

iiepPelued from the insolvent's statement that Mr.
Gottheimer lent him, or as he mid, "let him have," WO/. to
lon a lanker's account to facilitate the discount of bills.
He did not open au account, but returned the bills he had
received of Mr. Gottheimer. He did not return the money.
Mr. Gottheimer made an affidavit of debt in London, and
followed him to Brussels, where he (insolvent) had resided
for years. At Brussels Mr. Gottheimer proceeded against
him in the criminal court, and he was acquitted. The clues.
tlon was mooted by Mr.lllsrby, the attorney, who had lately
died, acid it war not thought alvis►ble to mart Mr. Gott-
heimer in the schedule as a creditor.

Mr. Commissioner Nichols thought it was a mistake to
on.it a person because there had been criminal proceedings.
In this case the insolvent had been acquitted, and the mere
fact of criminal proceedings did not extinguish • debt.
Mr. Sargood submitted that he had established, on the part
of Lord Charles Clinton, a case of fraud or a breach of
treat against the insolvent. It was admitted that the money
ti to he returned if the bills were not discounted, and the
excuse that the parties who sought his aid were involv ed
was a mere pretence. The learned counsel said the on of
Mrs. Fiske, for whom he opposed, remained, and the court
had intimated a heavy judgment.
The insolvent wished to go into the case of Mrs. Fiske,
but was told by the court that it could not be re
The insolvent, in answer to the complaint, said he
formerly been a person of ample means, and had discounted.
He was introduced by a person who knew him in former
days to discount bills for Lord Thomas and Lord Charles
Clinton, and but for the reason he had mentioned, of their
revolved, he should have been able to do so. He
that he was entitled to his commission if be could
get it, and bad ant returned the money.
Mr. Oommiselotter Nichols said, before be could adjudi-
ado upon the one, Mr. Gottbeinier must be inserted, and
served as a creditor. The insolvent had stated that he had
made an affidavit, and the fact of having taken criminal
proceedings did not extinguish his rights as a creditor. He
should suggest that the insolvent should produce one of the
firm of Messrs. Smith, to show the deposit of the 5001.
received from Lord Chalice Clinton, sad tha sum repaid to
the insolvent.
Mr. George Lewis asked that the other aide might pro-
duce Messrs. Smith. He had only taken up the case on ac-
count of the death of Mr. Ellarby, haying known the insol-
vent some time, and he was totally without means.
The sue was adjourned to the 6th of Febniary, with the
understanding that the opposition would produce one of
the firm of Messrs. Smith.

Prisoner mid hacausa Ls wore a smock frock Le was taken
for somebody eke.
Mr. Headon committed him for fourteen days. He had
been told to leave Mr. Mason',, house, and when a con-
stable wu sent for to remove him he thought proper to
kick him.

THA
IPrcdero.k Buckingham. a )oung man, waa charged with
being in the unlawful possession of some dental sperimenq,
valued at 21., the property of Mr. Alfred Ellis Hams, sur-
geon-dentist and copper, of No. 31, Assembly-row, Mile-eod
road.

Mr. Harris, the pmsecutor, said that on the afternoon of
Friday last, between the hours of four and five o'clock, a
show case containing 200 mineral teeth, artificial gams and
other dental apecimens, worth 50f., was stolen from his
door. There were upwards of 50 different specimens in the
case, and they were all taken away.
The prisoner, in defence, said be picked up the artificial
teeth in his employer' yard,: in which be was confirmed by
Burton and Garroway's foreman, who said—l saw the teeth
lying in my employers' yard. I said to the prisoner, " Fred,
some one has dropped his teeth," and he went and picked
them up. These on your worship's desk are the same.
Mr. Yardley—How long has the prisoner been employed
there 2_

The Foreman—For 3; years, sir, and he is a young man
of very good character.
Mr. Yardley—ls there say reason to doubt the respecta-
Mike and gond character of this young man?
Lloyd—None, whatever, sir. I believe his statement to
be trim

Mr. Yardley—He is discharged. Give up the dental
specimens to Mr. Harris, to whom they undoubtedly
belong.

GRAND TRUNK RAILWAY COMPANY OP
CANADA.

After the conclusion of our report yesterday,
Mr. HARTRIDI.3 said be wished to ask Mr. Ross, of the
Canadian board, whether the board had the power of issuing
bonds to an unlimited amount, as a statement of that kind
bad been made?

Mr. Ross replied th►t, whatever might be the legal con-
struction'of the act of the object and intention of it
was that the power of issuing hoods should be limited by
the first lien of the Canadian government ; but if the legal
construction of the act authorised the issue of more pre-
ference capital, it should have the concurrence of two-thirds
of the shareholders before it could be issued.
A SHAREHOLDER—That is no answer.

Mr. Ross said it was the true answer, and the only one
he could give. Adverting to the remarks of a previous
speaker, he defied anyone to prove that the Grand Trunk
Railway had been worked to serve the interest+ of poli-
tici►ns. Charges of jobbery and peculation were easily
made by disappointed servants and others, but a committee
was now to be appointed, and if any specific charges could
be made, let them be examined by that committee.
Mr. Hart ridge's motion for the appointment of a com-
mittee having been adopted, the following persons were
chosen to constitute the committee :—Mr. Crawford, M.P.,
Mr. Newmarch, Mr. Wheeler, Mr. Evans, of Manchester,
Mr. Arnold, of Liverpool, Mr. W. Smith, and Mr. Hart-
ridge the last as the representative of the second preference
boodholders.

lir. Burnt proposed the following resolution :—" Th►t it
be referred to the committee to consider a scheme which
was proposed for equipping the line with plant and rolling-
dock, and for extricating the company from its present
financial difficulties, and to report their opinion on this or
any amended or substituted scheme which might be recom-
mended."

After some discussion the resolution was adopted.
Mr. POWILL then proposed ► resolution, to the effect that
it was irregular and illegal, on the part of the Canadian direc-
tors, to give effect to the agreement which had been made
with the Great Western Company,on the ground that it had
not received the assent of two-thirds of the shareholders in
Canada—that from the want, of such assent it was impera-
tive that the cement of the shareholders in England be
withdrawn.

A Sukarno:um proposed as an amendment that this
matter be referred to the ourtunittee, which amendment
was carried. . _ .

The ell LIMA N mid that he had beard much during the
meeting from which be dissented, but he took it that it was
the duty of the board to consider any plan which might be
proposed for the benefit of the shareholder at large. With
to the judgment creditors, they acted, as the report
insured
in the interests of ail. (Hear, beer.) He sup-
posed that Mr. Glyn and Mr. Baring would be glad to have
security for what was due to them, but they took this step
for the benefit of the company. (Hear, hear.) He could
not separate the interest of one elms from another in this
undertaking, and he believed their best policy would be to
act together for the interests of the company.
Mr. Barra—Subject to our legal right..
The CHAUMAS —Of course subject to legal rights.
With regard to the alleged unlimited
,power of the board
to issue preference bonds, he believed that the fair
and true construction was that they were limited b
the amount of the first lien, and that was the view on which
they acted. (Hear, hear.) With regard to the advocate of
the mooed preference bondholders, he must observe that he
was riot happy in the choice of his ex • , but persons
who felt that they were injured hW a right to use strong
language. The representations that were put forward at
the time referred to, they believed to be true. It
appeared that they were mistaken in their calculations
but It wm one thing to be mistaken in a calculation and
another thing to have an intention to deceive. He believed
that Mr. Roes and Mr. Blackwell had acted to the bent of
their ability for the interests of the company, and if he had
any fault to find with Mr. Blackwell it was that he had
overworked himself. (Hear, hear.) They all wished to see
the company placed on a firm footing. He would not de.
Bide whether the Canadian government were bound on
moral ousideratioits to assist them or not ; but if they

consulted the interests of Canada be would say that tbej
must put this company in such a position that it must be
able to move. (Cheers.)
On the motion of Mr. CIARTORD, M.P., a vote of thanks
was pared to the chairman, which brought the meeting to
a ekes at five o'clock.