The Express.
London, England, 1868-07-11 00:00:00

THE

LAW INTELLIGENCE.-alllB DAY.)

EQUITY COURT&
(Before the Master of the Rolls.)
TIM JOUR-STOCK DISOOIINT MUTANT. —WILEISSON'S Ch.M.
Mr. Jewel, Q.C., moved ex parte for leave to take out a
summons in court, calling in effect upon Mr. Shepard and
Mr. Holt, his solicitor, for explanation of the circum-
stances under which the action brought on behalf of the
official liquidator of this company by Mir. Shepard against
Messrs. Capper and Co., was compromised on the 3rd
instant upon the terms of payment by that firm of the sum
of LOIN., in satisfaction of the sums of 4.00131. and 8604,
sought to be recovered in the action- The conviction of
Mr. Wilkinson will be remembered, and, ao we under-
stood the learned counsel, the issue in the action really
raised the question of the justness of that conviction. On
the compromise of the action Mr. Wahiawa was liberated,
uud the solicitors of the official liquidator, who were not
concerned in the litigation at law, were wholly surprised
at its result, They therefore communicated their dissatis-
faction to the solicitor, Mr. Holt, whose name was on the
record at law, as solicitor for Mr. Shopord. It should be
added, that the action was commenced by Mr. Shepard,
with the sanction of his lordship, upon terms advantageous
to the company.
Mr. Jesse! added, that without raising any extrinsic
question it was clear that the so-called compromise was
invalid, inasmuch as it lacked the sanction of this court,
and moreover it was made by counsel before the cause
Kee vaned

Ills Lordship directed the sUMMI111•1 to issue, urgently
expreie.ittg his wish that the parties should, us mach as
po,slile, he made acquainted with the objects of the liqua-
dator Numinous to be heard on Saturday next.
Mr. 11. F. Briidowe appeared for Messrs. Capper.
TIIK TIIAWK4 PATENT WOOD COTTINO CONYANT.
'rids company Waib ordered to be wound up compulsorily.
Mr. Jewel, Q.C., and Mr. Barber were for the Ik:ti-
t...Lem

(Ikforc Vice-Climicellor Sir J. Stuart.)
LORD lIILLSDOROVOU V. FITCH AND ANOTHER.

This cause came on to be heard upon a motion for an
injunction to restrain the defendants from suing the plain-
tilt-at-law upon certain bills of exchange accepted by him
and from negotiating the same. As the plaintiff's case was
only partially opened when the Louse was ordered to stand
over, as we shall presently state, it will lie unnecessary
to do more than allude to the general nature of the suit.
It appeared from the allegations in the
.plaintiff's
bill that he, bein anxious to terminate an
g acquaintance which he bad formed with a lady
maned Guise, applied to the defendants, who were
solicitors and money lenders, to supply him with the
means of carrying out his object, and of sending her over
to New Zealand. They accordingly undertook to manage
the transaction for him, and the plaintiff said they had
fraudulently induced him to accept bills, as security for
the money required for his release from the
connection, to the extent of 12,3. W., while he
had only received as a consideration for the bills
3,190/. ; of which he had paid to the defen-
dant Barnett, who was the agent of the other defendant,
2,64:1/. 4s. did. The sum which was paid to Mrs. Guise
Was 300/. ; and she was now in Now Zealand. The whole
of the claim now made by the defendants (the Messrs.
Fitch) on the plaintiff's acceptance was a sum of
8,8110/ As wo have said, in the course of
the plaintiff's opening statement the court expressed an
opinion that it would be better for all parties interested in
the case, to change this motion for an injunction into a
motion for a decree, so that the cause might be then at
once disposed of upon its merits.
Mr. Dickinson, Q.C.. Mr. Hawkins, Q.C. (of the com-
mon law bar), and Mr. Babington, appeared for the
plaintiff.
Mr. Swanton, Q.C., for the defendants the Messrs.
Fitch, said he was instructed to deny mast emphatically
on their behalf all the plaintiff's allegations of fraud;
and if the motion was directed to stand over as suggested
(to which he did not object) the plaintiff ought to pay
something into court in the meantime.
Mr. Dickinson said the plaintiff was quite willing and
ready to pay all that was really due from him; and ulti-
mately
The Vice-Chancellor ordered the motion for the
injunction to be changed into a motion for a decree, and—
the plaintiff consenting to pay 1,000/. into court, on or
before the I3th instant, and the defendants undertaking
not to go on with the action at law which they had com-
menced against the plaintiff, or to negotiate his bills—the
motion must stand over accordingly.
Mr. Hardinge Giffard, Q.C. (f the common law bar),
and Mr. .1. N. Higgins, were also for the defendants the
Messrs. Fitch.
Mr. Kerslake Q.C.. and Mr. H. F. Bristowe were for
the defendant Barnett.

COURT OF PROBATE AND DIVORCE.
(Before the Judge Ordinary.)
PLATOW V. JOEL, FIATOW ILITERVENINO.
. .

This part-heard suit, which related to the will of Mr.
Louis Flatow, the well-known picture dealer, was resumed.
In support of the plaintiff's case a considerable body of
evidence was produced, including that of Sir William
Jenner, Dr. Gardner, and other eminent physicians, to
show that Mr. blatow was not only of perfect capacity at
the time of the execution, but was a man singularly un-
likely to succumb to undue influence. On the other hand,
it was contended that the widow had misrepresented to
her husband the conduct of his sister, and had created an
undue prejudice in his mind against her.
The ease is likely to last the whole of the day.

COURT OF BANKRUPTCY.
(before Mr. Commissionor Winslow.)
LY HE W. P. WINDILY.

This was a sitting fur the purpose of auditing the ac-
counts under this bankruptcy, which occurred over three
yesrs since. The case will be recollected from the inquiry
which took place in reference to the sanity of the bank-
rupt, whose eccentricities and prodigality at length
compelled him to petition this court, after wasting a mag-
nificent fortune. The liabilities were over 20,000/., and
the bankrupt died not long after obtaining his order of
discharge. Messrs. Lawrence and Co. were concerned for
assignees, and Mr. Chidley for creditors.
'Upon the application of the solicitor to the assignees,
Hes Honour adjourned the sitting until the Bth of
August in order that the accounts might be adjusted in
the interim. It is stated that a dividend of lOs. in the
pound will shortly be declared.

POLICE COURTS.-(THIS DAY.)

OUELDIZALL.
CAPTURE OF A pia° OF BURGLIM.

henry Johnstone and John &tem, who refused their
address, and Frederick Barden, were placed at the bar
before Sir Benjamin Phillips, charged with having bur-
glariously entered a room on the third floor of No. 39,
Aldermanbury.
Richard Skellarn said he was a carpet planner, carrying
on business at 39, Aldermanbury, on the third floor. Last
night about half-past 10 o'clock he was in bed, when he
heard a noise on the roof of his house. He went into the
front room and saw a man there. He went downstairs
and gave information to the police. There were in the
room lengths of carpeting and carpets made up, but
nothing had been removed.
Michael Gormby, 119, said about 11 o'clock last night be
went into the last witness's premises and found a window
open leading on to the roof of the house. He went over
different roofs until he came to that of No. 20, London-
wall, where he saw Johnstone and Barden in custody of
Police-sergeant Brown, 31, and Police-constable Berry. 123.
Afkrthe prisoners had beentaken down he wentunder the
roof of that house, and on the rafters found a powerful jemmy
about 10 inches long. On looking further he found the
prisoner Sutton concealed behind some wood in the loft.
Ile took him to the station-house.

Sergeant Thomas Brown, 31, said that he went from
the roof of 39, Aldcrmanbury, to that of 20, London-wall,
in company with Berry. They opened the trap-door in the
roof, and then saw Johnston scrambling over the rafters,
They got him out and left him in charge of two constables
wide they went again through the trap-door and then
found the prisoner Burden couched up in ono corner. He
got I - out, and took him and Johnstone to the station-
house. where he St.:ached JolinAtone, and found on him
in money, a centre-bit, six steel wedges of
grade:lto: -1/es. a skeleton key, anal a knife. At his for
he formal kite duplicates, one relating to eight feathers,
pledged for 103., another fur uu operu-gluss, and the third
for a ring.
'ergo ant f•harles Oliver, 2'.), preslueed a dark lantern
hjets he found in the workroom of Nu. 39, Aldermunbury,
abiiiit 12 t.'elt.ek lint night.
Fitsletht Charles Brett, 131, sad, about 12 o'clock last
roisht he to the roof of 20, London-wall, and on
ilia tail. as he found up in brown papera hammer,
a a l.amit r, awl a small a raw--pack, winch w,►s very
I...wilful for,-;11g pee tall the strongest doors.
1h ti et iVi—Seigeillit Mos.+ showed how the operation wai
p]at n•iiiuil, and that the jack could ha, ii-ed by a handle or
hr Mt 1,..1.1111..r. Ile wished for a remand, as the prisoners
time as ell kilOWll tat the pollee.
Sir 1a a iiiiiii I'ltillips remanded the prisoners for inquiry.
wAxnswoirril.
A if -mix. CHAIN:ED Ivan ARSON,—ernlol'3. C %RE.

44. was chargmi with twin% drunk and
wil I - lllug fin' to the ri,idence of dir. Richard Gory,
coal moil:ad, and endangering the lives of the
lomat. s.

Mr. Ambrose Ilayne, appeared for the prosecution.
Alary Overton, housianaid to Mr. R. Cory, of Princes-
road, Wiialitedon•park, ,aid the prisoner was butler in
the i•anic service. Last night be arrived home drunk, and
lighted a taper to light up. She told him that she had
already lighted the gas. He, however, went into the
library with the taper, and soon afterwards she heard the
alarm of " Fire." She wont to the library and found the
venetian blinds on fire. The prisoner was in the room
trying to put out the fire. Witness and her
fellow servants went for water, but he told them
not to go for any, but to shut the door. Ile did not
throw any water on the fire. The muslin curtains were
burned, and he was rubbing the blinds. The fire was
soon put out. He afterwards went into the front hall
with the lighted taper, and she followed, and took it from
him. He said he knew what he was about.
ite. Cory said he returned home about half-past 11
o'clock last night. The Are was then oat. lie spoke to