The Express.
London, England, 1868-08-18 00:00:00

ASSIZE INTELLIGENCE.

MIDLAND CIRCUIT.—LEEDB, ALTOCST 17.
TRE rasunuisrrr SOLICITOR.
(hi Saturday morning Mr. Wm. Unsetn, solicitor, Shef-
field, who was found guilty on the previous day of de-
frauding his creditors by concealing the state of his affairs,
was brought up to receive judgment.
The learned Judge (Mr. Justice Lush) said he had con-
sidered the points which had been raised by the counsel
for the defence, and he and his brother Bramwell were of
opinion that the verdict of the jury was unimpeachable,
and that it would be useless reserving any points.
Mr. Fitzjames Stephen, Q.C., said that taking into
consideration the fact that the defendant had received an
extremely high character from a large number of gentle-
men living in Sheffield and elsewhere, and that in conse-
quence of this the jury had recommended bins to mercy,
yet still the assignees, felt they had a duty to themselves to
perform, and under that feehng they felt they must pro-
ceed with the other indictment.
Mr. Price, Q.C., for the defence, considered this a very
harsh proceeding, and remarked that it was perfectly cer-
tain this second charge might have been included in the
indictment already tried. It if 64 Cruel cud, inconsiderate;
because defendant would thereby be put to the expense of
preparing two sets of briefs. He had no objection to his
learned friend stating the facts, which were in point of
fact admitted : and then lie thought they would be able
to show his lordship that they were such as would excuse
defendant from the imputation of any fraudulent conduct.
Mr. Stephen then proceeded to state whet the other in-
dictment was, and it was to the effect that at the time of
his bankruptcy Mr. I.' awn was in possession of a bill of
exchange for I,ooot. in the Northfield Iron Company,
which was under liquidation. After this nuttter had been
',serially gone into.
His Lordship expressed the opinion it was not necessary
to iirece.td with it in the second indictment.
The defendant having addressed the court at some
length in mitigation of sentence,
The learned Judge proceeded te pass sentence. It was,
lie said, a painful matter, and one which had given him is
great deal of anxiety. It was a painful thing to have to
piss senteme upon any one, but snore especially upon one
who had tilled such a position as the defendant. He
could lint but think that the evidence fairly warranted
the jury in coming to the conclusion they had done, and
that he did intend to deprive the estate of the money.
With regard to the transaction about the bill, whatever
defendant's views might have been, he did not hand over
the bill ; and that also must be taken into account. Every
man knew that when he became bankrupt his property
belonged to his creditors, and every person, whatever his
views or motives might be, who abstracted the property
of his creditors, knew that he was doing wrong.
The defendant knew from experience how nesan-
MI I y it was, under heavy penalties, to secure
the distribution of bankrupts' effects, and he therefore
knew exactly what penalty he was incurring. It had
happened that for a long time this matter was not dis-
covered, and it it had not been found out the assignees
would not have become possessed of it. He therefore felt
that under the circumstances the sentence must be a
severe one. l'unishmeut was much more keenly felt by
persons in the position of the defendant, accustomed to
all the luxuries of life ; but he did not think that was a
ground for diminishing the amount of punishment that
would be inflicted upon a person in a humbler position,
because whatever extra severity might press upon him it
would be no more than was justly due to au extra degree
of culpability. The defendant had had the very highest
character given to him, and, he had no doubt, given in a
perfectly bona tide mauler; and the jury had annexed to
their verdict a recommendation to mercy. He was always
very anxious to pay resect to the escommendation of the
kury. but he could not help thinking that if they had
nown more, their estimate of the defendant might have
teen changed. It was true that the sums were small,
hut then, looking at the enormous disparity between the
debts and the assets, there being 142,000/. of liabilities,
with only 4,000/. of fllibiethi-
Defendant-8,000/. assets and 40,000/. secured.
The Judge, continuing, said—That fact ought to have
wade it more incumbent upon him to take cure that a
single pound should not be taken from the small sum
divisible. His lordship said that he could not do other-
wise than sentence the defendant to isnprisonment for
nine calendar months.
(Before Mr. Baron Bramwell.)
HEAVY DAMAGES YOB A RAILWAY ACCIDENT.
In the case of Clay r. Lancashire and Yorkshire It tilway
Company, beforeaspes:ial jury, Mr. Seymour, Q.C.. sad Mr.
Keniplur, appeared for the plaintiff, a teacher of music,
aged 28, who resides with her parents in Trafalgar-street,
Bradford, but formerly resided in Manchester, and by
her Trotemiou obtained an income of 20iW. a year or
more. On the 7th of March last year she was a seeoud-
class passenger on the defendants railway, and g gto
Hudderstield,when a collision took plum in the. Dowling
Tunnel, and the plaintiff was one of the greatest sufferers.
The carriage was broken all to pieces, and crowbars had
to be used to separate the broken woodwork, and to.
liberate the plaintiff, whose legs were jammed in. The