The Express.
London, England, 1850-01-08 00:00:00

THE EXPRESS, TUESDAY EVENING, JANUARY 8, 1850.

SPORTING.
TATTERSALLS--YgeTERDAT.
A fair 'mount et liu.iiirss was transacted on the Chester
Cap at the prices quoted, the chief investments beb g on
lesmabragow, Moan. sr, and the Baroness ; Mauna wit. also
in demand, and 1000 to 10 was taken acme) tines about
Clarissa. The offers apt John Goner and Lady Evelyn did
not tutted 40 to 1-60 to 1 would have been taken emit
either. An outlay of about 5001 on Bolingbroke and 84
end 9 to 1 wee the only feature of the Derby betting.
Closing rites:—
LIVERPOOL STEEPLE CHASE.
15 to 1 apt Lord Strathmore's Eat-trap (1)
IS to 1 Mr. J. Part's lialght o 1 Owynne (t)
16 to 1 Lord Wallsrftres Sir John (t)
So to 1— Mr. Inns no Peter t
30 to 1— Mr. Owes Faraben
50 to 1 Mr. Bembeeign Boson (t)
60 to 1 Mr. Cenloners IBM Friend (t)
50 to 1— Mr. Hammon The Bers (t)
=MIMI CUP.
40 to 1 apt Mr. Min Ins John Caner
40 to 1 lied CliteMeteM's lady Ewan
60 to 1 Mr. lislange's MinsWenn
6, to GO Cap Ilewertles The (
2,000000 to 30 Copia Mensirelannekego (t)t)
1,000 to SO Mr. llelidaw's Onewswers (t)
1,000 to IS Mr. Omer" Menai (t)
1,000 to IS Mr. Finn 061111111 (1)
1.000 to 13 Mejsr lYt4 Menseser (I)
1,000 to 13 Mr. Mtr Munn (t)
1,000 to /3 Mr. P. Ben of One (t)
3,000 to 30 Mr. Berrien (t)
1,000 to 30 Mr. lesea Omiermenth (t)
1,000 to 10 B. Ming (t)
tomo to lo Mr. amain (t)
1,000 to to Mr. Bars Bi (t)
1,000 to 10 Mr. Caitinammid(9
1,000 to 10 curie, in amble, sip minnow, Baby, Piatestchn,
Legertlegras. ilk !Wham, Vein, Borland, Kama,
Van DienablVoodlark, and Unit.
BY.
to 1 apt Mr. W. lined au Bolingbroke (t)
101 to 1 Debt of lliasesndee Ghillie Callow (t 11 to 1)
12 to 1 Leed_lgllngses aright of Avenel (t 13 to I)
13 to I Mr. liellnanThe Italian (t and aft. offered)
1,000 to 60 Mr. Granite The Nigger (t)
17 to 1 lord Zenner' YellWelll
ZS to 1 Mr. Pollees Inetheart (t and aft. offered)
13 to I Lard Aklles absent (t to 1300
36 to 1 Lad IglineweeMnors (t to 1001.)
3,000 to 30 Mr. Breton's Python (t)
1,000 seen between BOolord and John *Vent
MBA
_

tardier( to his own esmant, with a very thriving
tusiness p• he said be bad discounted other bill., but
of smaller amount; thas ma weal from has to
more, until it ended in ruin, and they were driven into this
c ult. To pursue the circumstances of the we, Jones, the
attorney, was again called is to draw up the warrant 01
attorney in Mr. Soon'. case,—tbe same man who bed acted
is Mr. Cursaa's bushiest, sad in Mr. Fitsgerelit's action. It
wes much to be regretted that the bankrupt had not at ones
gone to the respectable solicitor he new employed ; and the
eerne might be said of Mr. Scott, who must have suffered to
the extent of near 1,0001. by resorting to the assistance of
doubtful characters, besides the exposure to which hei had
been subjected. It was to be hoped that the details which
had been given to the public would operate en a warning.
The bankrupt, though cautioned by Curate's case, bad taken
no peeCatliOn whatever in 'taking the alleged advances to
Morton. Could any Oa* believe this? Ho (the Commis-
sioner) did not believe that any such advance had been
made, or that more than 1001. had been advanced in the first
ciao., and that with the knowledge that the bill had been
improperly obtained. Even supposing hie to have made
the advance, as he alleged, still the question arm.,
was such a person proper to be re-admitted to trade
He sated hileselt to have advanced these large SUMP, and
, was 'oboist any voucher or anything whatever to support
his useriion. At all events, U tradespeople would enter into
discount transactions of this description, they should be pee-
per. d to show to their creditors how the money cams, how it
had gone, and all the eirctunstanee. A bill book and a cash
book were the only means of vouching the accuracy of such
transactions; and where tradesmen came before the court
without any such proofs, and nothing to test their accuracy,
they euuld no wonder if they were dues dited altogether.
Ou tee present occasion, he did not believe the story told by '
the bankrupt.; he believed that he was frnixed up in this
transaction from its commencement to its close ; and that he
knew perfectly well who both Prescott and Morton were.
Junes, the solicitor to whom he went at first, ought to have
been called ; he staid have told them much; he could have
told them who Prescott was, for he had brought an action
for him against Mr. Fitzgerald. Shackell oleo could have
thrown a great deal of light on this transaction; but the
bankrupt had not thought fit to call him; it was to be so-
sussed he thought he could cot do so with safety to his case.
Cpia the whole, he thought the bankrupt had acted meet
traudulently and improperly, and the judgment of the court
was, that his certificate be refused altogether.
Mr Stevens (tor Lieut. Scott) asked foe the costs of the
oppolitios.
The Commissioner—Nn ; I don't think I ought to allow
the ousts of the opposition. I don't wish to give a reason
fur my refusal, unless lam pressed. But I will consider the
application.
Mr. Stevidison (for the bankrupt) intimated that the de-
eition would be app aled against.
The Commissioner—Oh, of course there is a right of ap-
peal. You as go to anotner court.
Mr. Stevenson wished to be heard against the costs of the
opposition beieg allowed.
His Honour—l think I ought not to give these mats.
Probably Mr. Stevens will withdraw his application. I will
not grant the costs.
Mr. Pennell, the official insigne*, afterwards stated, in
answer to • question from the mart, that there were only
about 301. e t assets in bend.

900 to ICO Lard Et9;'s Probity (t)
NY, 1113 i.
3,000 to 100 rash Not Mom oil Ihromodes (t)

tam inttUtgence.

COURT OF BANICILUPTCY.-YEETERDAT.
Ilsroas Mt oousnanorss Oonavax.
DISCOUNTING STOLNN BILLS.--JUDONSNT.
. .

Judi/went wu given this morning in the cam of W. T
Penis, carpenter. of Ceubs•street, Weatminser, whose
application for his certificate wu heard at two WWII% of the
court last week.

His Honour said the case bad necupiel a eon- iderable
One, but not more than its importance des:tech The fiat was
elated 20th June last, his father being the petitioning creditor
sad one of the assignees. Hence the certificate was not op-
posed by the assignees, but by a I reclaim, Mr. Scott, grand.
son of one who name would live for ever in his country's
literature. This gentleman opposed on account of the large
amount of costs incurred by the bankrupt in obtaining from
him • warrant of attorney, which had been proved to be
fraudulent. It was no part of the duty of this court to
puni.h such fraud, for which the law was open ; but simply
to determine what had been his conduct as • trader, anu
whether he had made • full d 'closure of his estate
and effects. The circumstances of the case w re some-
what singular. The bankrupt had succeeded his father in
his business of carpenter, in 1845. The father's debt was
one full of suspicion. The stock and furniture were thin pat
down at 451.—an amount n ct at all cion-istent w.th the grand
account@ that had been given of his business, and the profits
derived therefrom. Bet it was said he was to collect his
father's debts, to whom an annuity of 751. was to be allowed,
the father still claiming the debts due to him. This op
peered to be a ease where a relation placed himself in the
position of either being a creditor or not, as might be clove-
nient ; and when the debtor come to this court, the amount
was generally proved as a debt. But this was nut the point
on which the case would be determined; much g eir
commences presented themselves. Au amount of 1,2001.
had been located as law expense•, in consequence of the
acceptances in question. Ihe bankrupt also put down Pres.
cott and Morten as owing him respectively 25e1. and 2001 ;
hews the question arose whether those were true items, and
whether the money had been actually paid. If not, he bed
been guilty of the greatest offence known to the bankrupt
law; and whether he had pail it or not, he bad been
guilty of embarrassing his estate by recklessly taking these
bills without due inquiry. The real commencement of
this transaction appeared to be in the circumstances de
tailed by Bace. A congiracy was charged, and he thought
proved (and the public ought to be put on their guard),
is which parties who were associated together offered to
lend money to persons in need of such assistance ; if an
of them were written to by gentlemen who were foolith
enough, the whole of them instantly knew of it. The gen-
tleman was soothed and induced to send up his acceptance.,
kr which no consideration was given. Then )ne of them,
• pretended friend of the party imposed on—Mr. Azell bad
mane so in this caw—Bought him out, and, repr. seating to
bias the risk of exposure, induced him to lay out a large
✓am in order to get beck his acceptances. The question
was whether the bankrupt in this cue had been a party
M the conspiracy. A gentleman in the office of Messrs.
Bak sad Mullen, the well-known solicitors to the Bankers'
Amesiation, and who had rendered the greatest service to
the mercantile world, stated that a bill was obtained
by Prescott on the 15th of February, 1848, from a geirle-
num named Fitzgerald; and on this bill an action was
oommeneedh not, of course, by Presto t, bat by • party
named Lasecenbe, commonly termed the "innocent holder."
In this action Mr. Themes A. Jones, of Lincoln's-ion, was
the solicitor—the same person who prepared the warrants of
attorney in the eases of Mr. Scott and Mr. Curzon. Pres-
cott's history was bee: supplied by the gaoler at the Marlbo-
rough-street Police-court, who said he had been three or
four times charged at that court. prior to April, 1848, with
fraudulently obtaining bills, and on one occasion with ob-
taining by fraud a carr.age, on which charge he was re-
manded and committed, but afterwards liberated through
the interference of Morton. Jug about the time that the action
against Fitzgerald was commenced—viz., on the Bth of Feb.
runty, 1848—a letter was addressed by Prescott to the Hon.
and Hey. Mr. Curzon, who, acting mat foolishly, had sent
up his acceptance for 500/., in the expectation that an ad
trance would be made to him by money paid into the bank
of Smith, Payne, and Smith. This was on the 12th of
March, and six days after the bankrupt appeared on the
star, he having then written to Mr. Curzon,
stating that he had advanced 2501. on his accept
eau, and inquiring whether he might safely advs• ce
the rest. Then area the question how be had advanced
this money. His accounts, viva voce and on piper, wen so
contradictory that it was difficult for any ur.bia'eed mind to
come to • satisfactory conclusion. The case afforded a Mak.
log proof of the advantage of viva voce testimony over
affidavits ; and he wee glad he had gone carefully through
the examinations. As Lord Lyndhurst once said on circuit,
" Who can transfer the blush of perjury to paper?" The
bankrupt stated that Prescott was introduced to him by
Bluetkel, a person very remarkably mixed up in these trans-
actions—it was wall, however, that he had been discharged
from the police ; and on this introduction the bankrupt first
leads Prescott 101.,40d then is asked to make an advance on
this bill cf Mr. Curios, which he said he did to the extent
of 2601. Of this 1001. was in notes, and 1601. in gold—rather
▪ large sum to have in his rah in the wall ; he said he took
down the numbers and dates of the notes, • proof that he
was not habitually careless in his money transactions. His
(' he Commimioner's) real belief was, that the man did advance
• certain sum, not so much as he stated, on this note,
which ha knew to have been improperly come by. At
ant he denied having made any entry of this in a book or
keeping a cash book at all; but on the second day, before
signing hie examination, he corrected this, by stating that
he meant he kept no regular cash book, but • weekly ac-
count of receipts and disbursements, which were added up
weekly. A rename to then accounts showed that they
were added_ rip weekly, as he stated, except in those very
weeks in which the advances to Morton and Prescott were
entered, those 'aerie' not being in the regular form. This
was evidently • device of the bankrupt to support his evi-
dean, which, like all such devices, turned out to be wadi
aelliig; and hence the counsel at the trial at Bri,tol had
ezereiesd • very proper diserttan in not putting is this
book. Not only were these amounts not added up with the
week's accounts, but they were not carried forward into
other
book. Then Mr. Curzon appeared to have
with the greatest folly ; in one of his letters, he talked of
" deep and lasting gratitude" to these men, for what
for having duped kin out of his aceeptase, sad thew
it up an receiving • warrant Mtathis trannestioa the bankrupt lad
wet the eespesSalde solicitor who now repreeentedraTO
the blendul T. A. Amos, of Lincoln's Inn, who, in February'
rowan had beet an action against Mr. Fitzgerald on
• bill fraudulently ,Ued. The bankrupt complained that
he did know who Prescott wee. Why did he not ask Mr.
Jonas ? Mr. Jones could have told him all abou it. Thane
was no doubt he know very well all the time. Mr. Cann
did not appear to have had his eyes opened till the delays of
Mr. Scott's case appeared in the papers. Then it semi te
have struck him that the warrant of attorney he had glees
was precisely of • similar character, and accordingly he bed
refused to pay it. Two months afterwards, In May. there
occurred another precisely similar transaction with a party
named Morton, also introdused by Shackell to the beak.
rept, who at that time must have had all the circumstances
of Mr. Curzon's ease huh In his mind. Notwithatuding
this, he takes another bill from Morton, also a perfect
stranger, according to his amount; bat there were great
distrepancies between his affidavit aad the account he
had given In mart. He profaned to have made in-
quiry about Mr. Butt's bile of Cox and Greenwood, the army
agents • but this inquiry did not appear to have extended
beyond the hand-writing ; and upon that he stated himself to
have made the advance of 2001. Then Mr. Assn appeared
en the stag*: what be was did not transpire. but he wee evi-
dently a party to the transaction; sad on his suggestion and
advice W.finch had been induced to give the warrant of
attorney for 3001. No doubt Axell was a party to the con.
piracy—it wee to he regretted more was not known of him.
There awned • mine at Hateltares which it was painful to
describe. There Mr. Bout had bees found surrouhded by
the lowest and meet refuse of mialthei—garablers, discount-
ing horse-deaten, and keepers of bell% as they had been 'p-
Witilhoned. It was to be bird the publication of
iFeheenelesees would sr•M as a waning to young
✓isa eertalswiviag to noted oh& MOM. What could be
Awe thaw to we ea siker awl • Bestlesaa our-
• Isms to
ealagoi matures ? Be hoped It wain' aim hold eat
lesiespeolle "plait milli, la thee dhessas.
log INAWANINA Hire ins a ars Mit

CENTRAL CRIMINAL COURT.

YESTERDAY.

BRUTAL ASSAY LT.-DBATU UT TUB ritOSECUTOR IN

CoVMT.
Samuel Grieves Harvey, a tall powerful man, was in.
dived for as.aulting James Dodsley Tawney.
Mr. Clarkson and Mr. bodkin prosecuted, and Mr. Ballast-
tine appeared for the defendant.
Mr. Cluk‘un, in opening the ease said that the defendant
was accused of one of the most dastardly and cruel attacks
that he ever remembered in the course of his experience. It
was committed by a men of powerful stature upon another
not half his size, and who he knew at the time was labouring
under a deadly sod dangerous disease, an affection of the
heart, and must have been aware that sue I an attack was
calculated to endanger his life. The learned counsel then
proceeded to narrate the circumstances of the case, which
will be found detailed in the subjoined evidence.
Mr. J. D. Tawney, the prosecutor, whose arm was in a
sling, and who appeared to be suffering severely, was then
examined. Re aeposed that he was an attorney, and he
knew the defendant, who was a horse dealer at Rugby, and
frequently saw him at the stables of Messrs. Osborne and
Co in Gray's-inn-lanet where witness wu in the habit of
putting up his horses. In Jane last Meaux. Tattersall gave
nun instructions to neuron &rainy the defendant to recover
a sum of 82 13-. He at first dialed owing the money, but
afterwards prom sed to pay it, and made appointments to do
▪l, but never kept them, and witness was compelled to issue
writ against him, but at the request af the defendant
he forbore to serve it upon him at Rugby, in
order to save expense, and he at this time offered to
take the amount of the debt without any costs. The de-
foudant did not pay the money, and judgment wu obtained
on the 2nd August, and shortly afterwards the defendant
gave notice of hes intention to apply to the Insolvent Court,
and witness was instructed to oppose him on behalf of several
creditors. On um 3rd November witness was at Messrs.
Osborne's stables, and he saw the defendant in the counting-
bowie, and he challenged him with getting up the opposi-
tion to his discharge. Witness replied that otter creditors
besides those for whom he appeared intended to oppose him,
and the defendant then inquired the names of the creditors
who instructed him to oppose, but he declined to give them.
Toe defendant then went oat and returned in a short time
web two hunting whips, one of which was loaded at the end
with iron, and the utter a plain cane one. The defendant
offered him the latter, saying," Take that." He declined
doing so, and the defendant went out, and witness waited a
short time, thinking he would go away. Ile then went to-
wards his gig, which had been waiting for him, and he ob-
served the defendant standing whit the heavy hunting whip
in his hand, and as he was about to get into his gig, he at-
I tacked him behind and beat him on the back and shoulders
in the most violent manner. lie then tried to beat him on
the bead, but witness held up his hands, and warded off the
blows. Mr. Beaks, one of the partners, came and laid hold of
the defendant and said to him, "Good God, Harvey, are you
made" but defendant threw him away from him and continued
hi• violenc lie had just succeeded in getting into the gig
when the defendant struck him on the back of the head, and
the blow stunned him for a moment, and his horse ran off,
but was stopped by some cabmen in tile Kim's-road. The
witness was taken very ill the same night, and was still
tuffering from the injuries he received. The prosecutor
added that the defendant was perfectly well aware at the
time he made the attack upon him that he was suffering
from disci,' of the heart, as they had frequently conversed
upon the subject.
'1 he prosecutor, who had given his evidence with great
difficulty, and who was evidently in a state of great excite-
ment and suffering, having replied to one or two questions
that were put to him by Mr. Ballaatine, was about to retire
from the witness box, when he seemed in an instant to lose
all power, and fell senseless in the arms of some persons who
stood near him. lie was laid upon the floor of the court,
and Mr. Clayton, the surgeon, who examined his injuries
atter the occurrence, and another medical gentleman who
was accidentally present, immediately attended upon him,
and used their utmost exerti ms to restore him.

Mr. Ballantine, addressing the court, said that he did not
require the evidence of the surgeon. It was impossible for
him to aeny that an assault had been committed by the de-
fendant, or to attempt to justify it under such circum-
stance.. The learned counsel added that he had felt it his
duty to put one or two questions to the prosecutor, but he
should have refrained from doing so if he had been aware of
his stuporous coalition.
Tee Recorder then briefly addressed the jury, and after
observing that the learned counsel for the defendant,
had, as it appeared to him, behaved with the utmost pro-
priety in the course he bad adopted, having admitted that
the conduct of the defendant amid not be justified, the jury
would only have to say that the charge of assault had been
proved,

The jury accordingly returned a verdict of Guilty.
During these proceedings the unfortunate prosecutor con
tinued under the chugs of the medical gentlemen, and an
intimation wae given that he was in a dangerous condition.
Toe Recorder, addressing the defendant, said he had been
convicted of what he felt compelled front the bench to
describe as a moot aggravated and brutal assault. At pre-
sent he should nat piss sentence upon him, because in the
condition of the prosecutor it was uncertain what the result
would be, and if his death were to take place and it was
found to have been accelerated by the violence he had made
use of towards him, he would, undoubtedly, be called upon
to answer a much higher charge.
Just as the learned judge had concluded, a sensation of
horror was excited in the court by the announcement by one
of the medical gentlemen that the unfortunate prosecutor
had expired. The excitement had been too much for him,
and he lap • lifeless corpse. at the foot of the witness-box,
where • few moments previously he had been giving his
evidence. _
_

The Recorder then gave directions that the prisoner
should be detained, to answer any charge that might be
preferred against him, arising out of the death of the on-
tortuaste prosecutor, and the body of the deceased was
placed in a cab, to be conveyed to his residence, the solicitor
for the prosecution accompanying it, to convey the sad intel-
ligence to his relatives.
Previous to the above, the following ease was tried :
Cuisine OF CONSPIRACY.
Israel Ate:ander, Frederick Maims Allen, and George
Meaning, surrendered to take their trial for misdemeanour.
A fourth defendantAnamed Markham, was included in the
indictment, but he did not surrender, and his recognizance.
were ordered to be sweated.

ancl---bir:Farry prosecuted. Mr. Prender-
gut and Mr. liuddlettone defended Alexander. and Mr.
Ballantine eppeand for the defendant Allen ; Manning bail
no counsel.

Mr. Clarkson briefly stated the cireurnstinces under
which the charge was preferred against the defendants ;
and it appeared that the prosecutor was a person named
Lawrence, and he charged the defendants with having
unlawfully sad maliciously conspired together, and by means
of false affidavits caused him to be imprisoned. It seemed
that •the defendant Allen was a riding-master, living in
Beymour•place, Bryanston-square, and he had had some
transactions with the prosecutor, who at the time carried on
the business of a hone dealer; and in January, ISO, he
held a bill of 254 , of which Lawrence was the drawer, and
in the coarse atlas month Manning, one of the other de-
fendants, made an affidavit to the effect that Lawman, was
about to leave the country, and upon Allen making an
affidavit of his being indebted to him la the above cum,
a writ Maples issued, upon which Lawrence was taken into
custody and detained until he had executed a bail bond for
the amount. The prosecutor szbeequently made a canter
affidavit, denying that he had say Wades to leave the
seastry, sad the maser is which the ether de-
INldaatol Alexander MA Merable, were sought to