The Express.
London, England, 1868-03-05 00:00:00

i The Vi

motions, none of whim. _ -.olied my question _.pablle
' intoned, retired finally, this afternoon, at half•past I
o'clock, from the court over which he has presided since
January, 1853. His Honour stated yesterday that he left
no arrears of petitiosa or adjourned summonses ; and that
there are only ten causes rips for hearing.

COURT OF PROBATE AND DIVORCE.
, (Before the Judge Ordinary.)

WHITAKER (St/LIMON TO THE DUCHY OF LANCASTER) Y.
DAVIS; O'REILLY AND KELLY INTERVENING

The 134;licitOr-ieO;rii,
for the Duchy of Lancaster ; Dr. Spanks, Q.C., and Mr.
Indervrick for the defendant (the executor) ; Mr. Serjeant
Parry, Mr. Littler, and Mr. Edge for the interveners.
This wag • suit relating to a will alleged to have been
executed by John Chamberlain, lets of Liver-
pool, on the 20th of December, 1804. It was propounded,
as a rustier of form, by Mr. Samuel Davis, as e xecu tor for Mr.
John Davis, but the whole contest lay between the inter-
veners, who were legatees, and whouked fur probate, which
probate was opposed on the part of the Duchy of
Lancaster, the testator being illegitimate. The testator
was of real property to the amount as was sup-
of about 150,0001. He was a person of low, vicious
and penurious habits, and he died at his
house in Bold-street, Liverpool, where he had been
living in a state of the most disgusting
squalor. The property was divided by the will between
his illegitimate sister and his illegitimate daughter. The
document bad been drawn by Mr. Boyle, a solicitor, at
Chester, but he was not present at the execution,
and the evidence of the capacity of the deceased
(who was at that time almost at the last gasp)
was of the very slightest. Indeed the court doubted
whether there was any case to go to the jury. The
position of the defendant was very peculiar. Chamber-
lain, to save himself the trouble of managing his estate,
had executed a deed conveying it to the late Mr. John
Davis, a land agent, to hold for him (the testator) and for
his heirs and assigns. There being noheirs and assigns. Mr.
Davie's representatives claimed the property themselves ;
and they took no part in the present contest.
[The trial had not concluded when our report left.]

COURT OF BANKRUPTCY.
(Before Hr. Commissioner Winslow.)
IN RN JOHN MTH.

The bankrupt was described u formerly of 1, Great
George-strut, Westminster, and of the North London
Brick Work', Crouch-end, Hornsey-rise, contractor and
briekmaker. The adjudication wu made on the petition
of the liquidators of Smith. Knight, and Company
(Limited), in which the bankrupt held 10.000 shares of
50/. each. The accounts (prepared by Mr. H. B.
Bird) return the following large figures :--Creiiters
unsecured, 2,5921. 10a. ; liability to the creditors of the
firm of Smith and Knight, 18,6112/• liability in respect of
10,000 shares in Smith. Knight. and Company (Limited),
together with interest, 222,1091.; contingent liability in
respect of 25P. per share not celled up, W. 0,000/., making a
total indebtedness of 493,144/. Assets :—Property given up
to the assignees, 4,0001. ; ditto, held by creditors. 3,0001. ;
and a doubtful claim upon a dock company of 137,163 i.,
which now forms the subject of an arbitration, the debt
being altogether disputed. The bankrupt stated that the
shares in Smith, Knight, and Company (Limited) were
allotted to him by the company in respect of a moiety of
the businessof Smith and Knight under agreement of the
21st of March, 18 i 4, the share capita of the company being
thus made up :-20,000 shares of 50/. each issued to public ;
10,000 shares to Mr. Smith ; and 10,000 to Mr. Knight.
This was the sitting for the last examination and dis-
charge.
Mr. Reed appeared for the assignees. He said the case
was intimately connected with that of Mr. Knight, also a
bankrupt, and with whom Mr. Smith was formerly in
partnership. In April, 1864, the business of the bankrupts
was sold to a company for 230,000 f. Of that amount
55,0001. was paid in cash and the remainder in shares,
and it would be neeeseary to trace what bad be-
oome of the money. Mr. Smith had since been
engaged in large transactions, mere particularly
as a brickmaker in partnership with a Mr. Heart and
others, and further particulars of those trauma.
tions would be require.d. It was also in contemplation
to apply for the amalgamation of the proceedings with
those under the failure of Mr. Knight, but the assignees
desired further time for consideration before

making • —formal—ipplic4ion upon the subject.
It would also probably be more convenient
for the assignees to take • short adjournment of the sitting
in order that they might ascertain exactly what accounts
they required sad notify their wishes in that respect to
the bankrupt by means of • requisition.
In answer to the learned commissimer Mr. Reed stated
that the sense assignee and manager had been appointed
under each bankruptcy.
His Honour granted a• adjournment.

POLICE COURTS.-(THIS DAY.)

MANSION-HOT/a&
IXTRAORDINART CONDLIT O► A MM.

law William Armor, a respestablydressed yarn' man,
was charged before the Lord Mayor and Alderman Sir
Robert Carden, sitting in petty sessions, with theft, sod
obtaining money by false pretences.
The prisoner was a clerk in the employment of Mr.
George Satohwell, wholesale tea dealer, 146, Upper
Thames-street, and on the 14th February he ab-
sconded, taking with him a sum of 21. 10s. 6d.,
which had been received is payment for land
taken from old tea chaste. On the following day
he sent a letter to Mr. eatchwell, stating that be was In
and that be would return la • day or two, but as he did
not make his appearance inquiries were made at his house,
and it wan smertained that be had sold of all his
furniture, and removed elsewhere. It also appeared that
in the beginning of January be represented to his em.
ployer that his mother was vary ill, and that in
the event of her death he would become pensioned
of 1,11001. A few days afterwards he mid she had died,
and he requested a loan of 61., which Mr. Satcbwell gave
bim. On the morning of the 28th February, Chester, a City
detective °Meer, apprehended him in-A house in the Gotten-
road, Peckham, which was well known to be a resort of
thieves, and it was found that his mother bad died some
years ago, and that he had a wife, aithough be had repre-
sented to his employer that he was a dngie man.
He was sentenced to three months' hard labour.

GUILDHALL
♦ DANGEROUS oLiaiFirrTO PRISON._

Janes Hands who per his address at Long-lane,
J Bermondsey ; on* Watson, who mid he lived at
East-street, Lambeth-walk ; and CetAerthe ifesailtoe,
• prostitute, living at 2, Herbert's-buildings, Waterloo-
road, were placed at the bar on with
loitering in Fell-street, Philip-lane,reallt Iltrapesiage,
and Sunning-lane, with intent to commit a. felony.
It appeared that about 8 o'clock in the evening, while
detective oflieers Whitney and Green were on duty sear
the General Post-office, they saw the three primness sad
a man not in custody takes together is St Anithe
lane. A gentleman passed, and the female assisted
him, be being at the time apparently the
worse for liquor. They went up Simisirbou,
sad the man not in custody passed thaw, sad loth up a
position at the end of the lane while Hands and WP:ron
remained at the other end in Gieeharn.street. They stayed
there some time, and then they all went threi Bars
Head-pirege across Wood-serest into Philip-lane, the
man not is custody leading the way. the woman sad
gestic:ma following, and the two sale prisoner following
them. There the man not in custody timed himself at
one end of the lane, the two male prisonen at the ether,
and the woman and the gentleman steed talking sheet half-
way op the lane. They were then joined by !price,
another detective, and followed into Leadoweall,
Wood-street, and Fell-street, where the three men task
np similar positions again. They remained then 'seem
time when the gentleman parted from the woman and went
towards Monk well-street Hands and Watson is m&