The Sun.
London, England, 1851-08-25 00:00:00

SUN,

MONDAY

LAW INTELLIGENCE,

COURT' OF BANKRUPIi:Y Aug. 23.
(Before Mr. Commi.,loner For,BLtr,QuE.)
Ili RE NASH AND NEALE.-THE REIGATE AND DOM-.

ING BANK.

The bankrupts were the proprietors of the above
bank.

This was a dividend meeting.
The liabilities of the bank were about 50 0001. The
estate has already paid a dividend of lla. 6d, in the
pound, a further dividend Of 2a in the pound was now
determined upon, and a further and final dividend of
small amount is exp,cte.i.
Mr. BAGLEY said that under the 195th clause of
the BanktupTcy Consolidition Act the Court was au-
thorised, where a bankrupt's estate should have paid a
dividend amounting to 12s. 61. in the pound, to make
an allowance of 7i per cent. npon the assets to the
bankrupt. His client, Mr. Neale, was now dead,
but he had to mire an application that the 7f per
cent. might be paid to his representatives.
Mr. CLABON objected, on the grounds that the di-
vidend had not yet been final, and that the Court hav-
ing a discretionary power (the certificate of the bank-
rupt Nab having been of the second class, and that
of Neale of the third class), he should prefer the ap-
plicati, n being adju iicated upon by the Learned
Commissioner before whom all the facts of the case
had come.

His Hosioult said he should decline to adjudicate
upon the application without having the whole case
brought bef him. There was no question but the
Court possessed a discretionary power to reduce the
Allowance, the bankrupt's certificate not having been
of the first class. Tne application was, consequently,
.wdered to stand over until Mr. Commissioner Goal-
burn should be sitting.
On the application of Mr. Duncan, R. Brown,
auctioneer, of Old Broad-street, passed his examina-
tion on accounts showing debts 1,8001, assets 2001.
ASSIZE IN TELLIGENCE.

NORTHERN ClRCUlT:—Liverpool, Aug. 23.
CROWN COURT.—(Before Mr. Baron PLATT.)
Thomas APNally, aged 30, was indicted for having
in the 17th of December, 1850, assaulted Michael
Pr, with intent to do him grievous bodily harm.
Mr. James prosecuted, and Mr. Tindal Atkinson
defended the prisoner.
It appeared that the prisoner was the second mate
)f an eieigrant ship called the Arabia, commanded by
Captain W. H. Lowrie, which left Liverpool for New
York on the 9th of November, 1850. On the vessel
arriving in the Irish Channel, Michael Pye, a man
who had been engaged as a stowaway on board, was
eatud secreted. He was set to work, and placed in
-he chief mate's watch. It appeared that Pye had a
naimed band, and that he had great difficulty in going
'loft, and the prisoner was continually bearing him
eel- not properly doing what be was directed to do.
On the 17th of December, about tour o'clock in the
oorning, Pye was about to leave the mate's watch,
vhen the prisoner ordered him to the pump,
.aid he was tired, and wan& dto go below. The pri-
oner then seized a rope, arid beat Pye to the pump.
i'ye tried to get hold of the pump-break, when the
Asoner struck him on his maimed hand until the
Mood came, and Pye, cried out, "Oh God ! I can
sear this no longer," and immediately threw himself
Overboard, head first, in the water, and was drowned.
jeveral seamen correborated 'his evidence. The vessel
trerwards procc eded to Charleston, and the witeese
eerie a complaint there to the Consul of the prisoner'.
reatment of Pr. The Consul, in consequence,
yr ote to the authorities at Liverpool, and on the ship's.
eturn the present proceedings were instituted against
the prisoner.
The Learned Counsel for the defence contended
hat the evidence would not support the graver
barge, and would only support the charge of a com.
non assault.
His LORDSHIP having summed up,
The jury returned a verdict of Guilty, of a com-
non assault.
Sentence was deferred.
Joseph Allison was indicted for having wilfully
nurdered one Juhn Hunt, at Manchester, on the 30th
if April last.
Mr. Monk and Mr. Sowler prosecuted, and Mr. T.
Atkinson defended the prisoner.
It appeared that the prisoner and the deceased were
both in the employment of a Mr. Goodwin, a cooper
et Manchester, and on the morning of the 30th of
April last they were both sent to Staleybridge and
Ashton under-Lyne to collect tubs. The deceased
had 71. given to him to collect the tubs, and the pri-
soner also had a little money given to him for beer and
expenses. In the course of the day they had collected
a quantity of tubs at different places, and were return-
ing home about nine o'clock. As they were later
than usual the wife of the deceased went to meet bim,
as aria did the prisoner's wife. The wife of the de-
ceased met the prisoner and his wife on the Staley-
bridge-road with his horse and cart, and asked the
prisoner where he had left her husband. The pri-
soner answered, " At the Snipe Inn, where they bad
baited their horses, and that it she went on she would
overtake him." She accordingly went on, and about
belle mile further on she met her husband's horse
and cart coming on without him. She shouted for
her husband, and, receiving no answer, she took the
horse and cart herself to Mr. Goodwin's, and next
morning rose at four o'clock to go in search of her
husband. She then learnt that he bad been killed
during the night, and that his body was then
lying at the New Inn, where it had been taken
by a man who found it lying in the road. It ap-
peared the deceased had been found lying dead
in the road with his feet towards the kerb,
his cap off, and his whip lying beside him.
There were no marks of a struggle on the road, but
there were some spots of blood, and a shilling was
found in the dust. On the body being examined by
a surgeon it was fouod to have received great inter-
nal injury, and four of the ribs were broken, and
there was a bruise on the right cheek. I: was the
opinion of the medical men examined that the injuries
had been caused by two distinct blown, arid had not
been occasioned . by a cart wheel passing over him.
['hey were iniupes likely to have been produced by
one man kneeling or Stamping on another. It ap-
peared that about eight o'clock the prisoner and the
deceased had been in the Snipe public house
iriuking together, and that they had been betting
ogether which of their horses would go the
,astest, and that atter leaving the public house
hey were heard quarrelling on the road and calling-ach other " liars" near where the body was
'ound. An apron worn by the prisoner on the day
in question was productd, on which were 40 or 50
apes of blood. `The prisoner, on arriving at his Inas-
Nies with his horse and cart, had stated that he had
words with the deceased on the road and turned pale
when he spoke of him. When taken into custody on
'his charge he said to the policeman he had no doubt
he should find it a bothering job, but he thanked God
he was innocent of it. He afterwards said, that on
leaving the Snipe Inn they each rode on the shafts of
their carts, that he saw the deceased's cart following
him, but never saw the deceased alive afterwards. He
knew nothing about the spots on his apron.
These facts having been proved, the Learned Coun-
sel for the prisoner addressed the jury, contending
that the facts proved were consistent with the acci
dental death of the deceased.

His LORDSHIP having summed up,
The jury found the prisoner Not Guilty.

CENTRAL CRIMINAL COURT.

OLD COURT.

The two boys, Upton and Gutteridge, who had
been convicted of placing a stone upon the Eastern
Counties Railway, with intent to obstruct the passage
of the trains, were brought up fur judgment.
Mr. Justice WIGnTaxAN, addressing them, said that
they had been convicted under a most wholesome sta-
tute which had been passed to prevent evils from aris-
ing, and which evils it was to be feared frequently had
arisen, from the malicious acts of persons placing ob-
stacles upon railways. No doubt could be entertained,
in the present case, that they had wantonly, if not
maliciously, placed a stone in such a manner as must
inevitably have occasioned a very serious accident, if
not loss of life, if it had not been discovered and re-
moved. This was one of those offences which it
was of the very last importance to repress, and an
Act of Parliament had been passed with
that object. It was clear that it was an offence
that could equally well be committed by boys like the
prisoners as by adults, and there was too much reason
to fear that many unfortunate accidents had occurred
from such mischievous acts. It was difficult to know
how to deal with persons of their age, or how to in-
flict adequate punishment upon them. One of them
was only thirteen and the other fourteen—hardly fit
subjects fur transportation, although their offence was
one which fully deserved it. A long imprisonment,
and mixing with such characters as were likely to be
their associates, was also hardly a fit punishment.
Upon the whole, in the difficulty in which be was
placed, he hoped that the sentence he was about to
pronounce would be a sufficient punishment for them,
and that it would deter other boys like them from re-
peating such a dangerous act. Tne sentence he should
pronounce upon Upton, who, although the younger
of the two, be considered the most guilty, inasmuch
as he was aware of the consequences that would be
likely to result from what he did, was one of two
months' impri•onrnent and hard labour, the first three
days in each week to be passed in solitary confine-
ment; and upon Gutteridge the sentence would he
six weeks' impriiontnent and hard labour, the first
three diva in each wssis to hs in solitary confinement.

NE 37 COURT.
(Before the ittoiahExt.)
Philip Long, 35, pilot. and Thomas Pickering, 20,
merchant, Were indicted for stealing 100 bogs of
guano, the prop-rty of Robert Schofield, horn a barge
upiwn the river Thames.
"Din Minutiae lad Mr. Illtinsou prettecuted ; Mr.