The Express.
London, England, 1850-07-13 00:00:00

Yesterday, the peremptory gnomons of the Court
of Chanwery, calling upon Mr. W Chadwick, the late chair-
men of this company, to Appear before the Muter in Chan-
, they Stoat, being revarnebk, the proceedings commenned
12 Vele*. Yr. Chadwick did not appear, bat was repro-
seakel.by Al owned Mr. Glasse, and Mr. Row his solicitor.
Mr. Mina eppeseed he Mr. Quitter, the official manager.
to peneseste this ear, aid effidavits were read setting forth
the 'cell'' of the ansamens at tie residences of the defendant
in Meninemeequare awl et eyeleskam.
The quills 'barge weekset Mr. Chadwiek consieted In
li Nei se essenat he the eiced= of a cheque
Larblifirfirawn epee die beak of 11-ire. Mastennans, in
his owe name and that of Mr. Lewis Pocock, countersigned
by Mr. Powell the secretary, and " payable" to the finance
committee cf the Madrid ani Valencia Railway in Sep-
tember, 1849. The other thirteen directors, who had been
stuamonsd, were also called on to appear and explain to the
evert what knowledge, if any, they had of this eheqse, and
on their names being called over seriatim, the legel repre-
sentatives of the following gentlemen, Count Eyre, Hon.
Pelham Villiers, Mr. Montefi ire, and Mr. Kiclisch, replied
that their clients had no knowledge of the cheque. The
nee-appeasing directors were Captain Chserrettie Mr. Col-
*diens, Admiral Stopford, Mr. Waiey, Ye. McCann, and
Mr. Capper. Witnesses were then called in proof of the
charge, the first
bsin
Mr. Qsilter, the official mang.ger to the estate, who de-
posed that the cheque in question was not forthcoming.
Application had been owlet° Mr. Powell, the late secretary
of the eoespeay, for it, but it could not be obtained.
Mr. Powell elamined—Had not the cheque in his pus-
session, but believed that It was returned tu the usual way
with the other papers and cheques by the bank toChadwick.
Mr. Glasses objected, unless the cheque was produced in
court, to go into any secondary evidence, when there was
no proof of any such document being in existence. But
his Honour having overruled the objection,
Mr. Gifford Erck deposed to the existence of a sum of
26,0001. in Mastrunun's bank, to the credit of the Madrid
and Valencia Railway, and to hie having cashed she cheque
in question, which wee signed by Chadwick, Pocock, end
Powell, and was payable to the finance immure. It wee
paid through the elearieg-house to Messrs. Willis and Co..
and the cheque had since, as was usual with the bank, been
delivered up to the of of the company. It Was also
signed by Mr. Wm. Lowell Palmer, who was not a director.
Mr. Powell examined—Recollec:ed Chadwick bring.mg
the cheque to his in September, 1849. It war akeed by
tamale and Lewis Pocock. On bringing it, Chadwick
said be proposed applying the amount of tt to investments
in Great Western Railway shares, for the purposes of the
Madrid and Valencia Railway. He said the money then
loaned oat to Overend and Gurney's was only fetching 2 per
cent , and that by the plan he proposed, it might be in-
c.:sued to 5. Showed witness purchases of Great Western
shares to the extent of 13,0001. with one stock-broker, and
13,0001. with another. Chadwick further stated that he
should make a transfer of the shares in blank, and call the
finance committee together. Chadwick tot k the cheque
from the office, saying he should pay it into Messrs. Willis
and Co.'s to the account of Mr. Trye, stockbroker, en ac-
count of their purchases for him of Greet Western nick.
Was in Willis's bankinthouse accidentilly, and saw Chad-
wick pay the cheque en. In September, 1849, there were
funds at Maaterman's belonging to the Madrid and Valencia
Railway, but on the 13th of that month they were trans-
ferred. They stood in the names of Chadwick, Knit!, Cap-
per, and Pocock. and there wee another name added, that
of W. Lowell Palmer, who was a clerk to Mr. Kuhn, and
he believed, it was added at the time to prevent an intruded
attachment of the funds of the company.
Mr. J. H. T,ye, stockbroker, said tie was employed by
Chadwick in September, 1849, who told him that he had
placed to his credit at Willis's 45,0001. in respect of the pur-
chase of Great Western shares. Chadwick at that tire WAS
indebted to witness in some 40,0001., for dtfftr-nt desiriittior a
of shares. Had no other dealings with Chadwick, sore on
Chadwick's own private account Chadwick stated he
wanted 12,0001. out of the '25,1001, and witness drew
cheques, which Chadwick had titled up with the name of
" Henry Johnson," for 2,0001. and 3,0001. each, winch
were all paid Witness had no reason to inspect that the
funds ware any other than Chadwick's own fund., ant w-s
surprised, from recent proceedings, to find it was not SI.
Thought that Chadwick raised the money on moiling t, or
loan, for he was teen is the ni4hest credit. There was now
at least 5,0091. due from Cnadwutk to witness, arising out of
share speculations, many o: which were successtul ; but, on
the whole, he should say that Chadwick lost, though he used
to say he actedon Information, which frequently turned out
to be erroneous.
Farther evidence es to the pasting of the cheque through
the clearing hone having been adduced,
Mr. Selwyn nailed upon the Master, Ind r the 66th sec-
tion of the Act of Parliament, which empowers the !Lister,
during the progress of winding up, to call for payment of
balances from directors or contributories, to make a peremp•
tory order upon Chadwick for payment of the 25,0001, to
which, he cattended, the shareholders were, prima facie,
entitled, and which the cs idencc went to show had been ap-
propriated by Chadwick to his own use.
Mr. GISMO, on the contrary, contended, in a bog ad-
dress, that no case whatever was made cut. The chi quo en
ethestiee had no: been produced or even shown to azut ; Mr.
Chadwick had not burn personally d with the slim.
mons ;it was shown Sy stlidayit that he was and usable
to attend ; and at any rate it was only ressonaide that time
should be granted to prepare a defence. He lender's ad
that at the period the cheque was drawn on Muter-
man's, Chadwick hod a private account of his own with
the bank. . .

Has Honour, or. a review of the caw, decided that the
court could not tolerate lortg,r delay. The evidence "ins
sufficiently clear up3n the eter° or the money ht:ing that of
the shareholders, aced, as counsel for the estate had obsaved
that the case was of a kital that cculd not be dealt with too
summtrily, he should direct an order to be made on Chad-
wick fur the payment of tile 2 3,t 0(. on or before Honour
week.
The court then &diorama at half-past 3 o'clock.

DIRECT EXETER, PLTMOCTIt. AND DEVON PORT.-
Yesterday the Master in Caancery, Sir Wm. tt rtte, ra,cle a
call of 1151. upon each of the 4$ usembera of the provision^l
committee to this undertdsiag to pay off the expenses already
incurred in the process of winding up the concern, and la-
dependent of the payment of its outstalding achy:, which
will have to be liquidated by a second call.

fRAFFIC RETURNS FOR THE PAST WEEK

Miles overt