The Sun.
London, England, 1850-03-26 00:00:00

LAW INTELLIGENCE.
INSOLVENT DEBTOR'S' COURT, March 23.
(Before Mr. CommiA.sioner LAW.)
IN BE THOMAS WILLIAM GILLETT.

This insolvent, a waterman residing at Greenwich,
applied under the Protection Act.
Mr. Nichols opposed on behalf of the trustees of
the Potters Ferry Society ; Mr. Cooke supported.
It appeared that the opposing creditors claimed an
exclusive right to ferry passengers over the Thames
from the Isle of Dogs to Greenw►cb. Tne insolvent
was in the habit of conveying to and from their
labour the workmen at the large establishments of
Messrs. Johnson and \Tr. Cubitt ; but in February,
1849, he was served with a notice to desist, which he
did not attend to, and an action at law was then
brought, upon the trial of which the plaintiffs proved
their exclusive right to the ferry and recovered a
verdict of Is. damages. Toe costs were taxed on the
Ist of Ilarah at 1971., and on the 2,1 of March the
insol vent filed his petition in this court. The insol-
vent stated that Mr. Cottams, the solicitor who de-
fended the action, had been guaranteed his costs by
Messrs. Johnson.
Mr. NicHoes submitted that the plaintiff's costs
formed a debt contracted without any reasonable ex-
pectation of payment; and that, therefore, the insol-
vent's application could not he entertained.
Mr. Cooke urged that no Qhjection existed under
the Act of Parliament to the insolvent's receiving pro-
tection, he having only contested what appeared at
the time to be a very doubtful right.
Mr. Commissioner LAW Stti I, if this were an appli-
cation under the Ist and 2,1 Victoria, he should dis-
charge the insolvent when he had been six months in
prison. It was quite clear that this was not a case
contemplated by the Legislature when it made this
indulgent Act of Parliament. lie held that the plain-
tiffs' costs were a debt contracted without any rea-
sonable expectation of payment ; and therefore he
should name no day for the consideration of the final
order.

IN RE THE REY. CHARLES WETHERELL.

M. Cooke appeared on behalf of the Bishop of
Peterborough, and Mr. Pritchard to show cause
against a rule obtained by the insolvent for the annul-
ling of the vesting order and the payment to hiss of a
surplus of some 1001. remaining after discharging all
the debts.
The vesting order was made about four years ago,
on a creditor's petition, and the Bishop of Peter-
borough, the insolvent's diocesan, was ordered to pay
the funds arising from a sequestration of the insol-
vent's living into this court, and from that fund the
creditors who have proved have received their claims
in full.
Mr. Coax]] objected to the surplus fund being
handed to the insolvent, against whose estate there
were seven sequestrations now in the hands of the
B ishop, who stood in the position of a sheriff, who
after paying one execution creditor was bound to ap-
ply any remaining funds to the next execution cre-
ditor in order. With respect to the annulling of the
vesting order, that would probably cause great incon-
venience to the Bishop, who, if called upon to plead
the order of this court in the disposal of the funds,
would be unable to prove it if the proceedings were
avoided.
Mr. NICHOLS, in support of the rule, contended
that the insolvent having discharged his debts in this
court had a right to the remaining funds, and also to
have his estate re-vested in himself.
Mr. Commissioner LAW considered the Bishop ex-
actly as a sheriff, who, having over paid one execu-
tion creditor, was entitled to a retur❑ of the surplus,
to be applied in liquidation of the next execution
creditor's claim. With regard to annulling the vest-
ing order, such an act might cause great difficulties,
as a purchaser of property under a vesting order sub-
sequently avoided might find himself possessed of a
doubtful title. At the same time, however, an insol-
vent having paid his debts in this court Wes entitled
to receive back his interests in his remaining estate,
and that could be done in this case by the provisional
assignee re• assigning to the insolvent the remaining
property, which would leave the vesting order still in
existence, and yet restore the insolvent to his original
rights. '
The matter was orlered to stand over for an affi-
davit from the insolvent that all his creditors at the
period of the vesting order had been satisfied.

POLICE INTELLIGENCE.
MANSION-HO V
Wolter Waits, the lessee of the Olympic and Mary-
lebone Theatre,. who stands charted with stealing a
cheque for 1,4001., the property of the Globe Insurance
Comp any, his employers, and appropriating the pro-
ceeds thereof to his own use, was brought up again, in
custody .of D. Forrester, yesttrday on remand. Mr.
Alderman Gibbs, who officiated for; the Lord Mayor, and
a second Alderman occupied the bench. The court was
vary much crowded during the examination, and amongst
the persons present were several members of the recently
dissolved corps dramatiques of the two theatres of which
the prisoner had been the manager, and a few individuals
who generally pass for '° men upon town." The case was
fixed for twelve o'clock, but it was fully half-past three
bef tre the prisoner was placed at the bar.
Mr. Clarkson, instructed by the Messrs. Freshfield,
appeared for the prosecution, and Mr. Wontner attended
on behalf of the prisoner.
Mr. Clarkson said he had just left his Learned
Friend, Mr. Bodkin, who bad been retained f,r the pri-
soner, zed he could assure the Court that there was no
probability of his being able to attend this day. There
were, however, other matters to be inquired into besides
the charge which was made out at the previous inquiry,
and it would be an advantage to the prisoner that a fur-
Sher remand should take place. Since the last investi-
gation inquiries had been going on into matters affect-
ing the prisoner of an important and extensive
natare, but he was not then in a situa-
tion to disclose the circumstances, or the
result of each individual charge of fraud. By this time
next week, however, the whole of the charges would be
ripe fur disclosure, and although sufficient had been ess
tablished to justify the sending of the prisoner to
another tribunal, he proposed to ask for another remand
till Tuesday week, in order that the prisoner might
k now the specific charges that he would be called upon
to answer on his trial.
Mr. Wontner said his client, Mr. Watts, was pre-
pared to answer any charge, and it was tor the Alder-
man to decide whether another remand should take place
or not.
Mr. Alderman GIBBS consented to the remand, and
the prisoner was accordingly removed in custody.
BOW STREET.
CIIARGE or MURDER.—A few minutes before the
Magistrate left the bench an elderly man named
Alexander Moir, described as a baker, carrying on
business at 2.5, Bryclgee-street, Strand, was placed at
the bar, charged with causing the death of his wife
Elizabeth, by violently assaulting her.
Mrs. Amelia M-ndes, a married woman, stated that
she and her husband occupied the first floor in the
prisoner's Lowe, the prisoner's sleeping-room being
the shop on the ground floor. On Saturday last, be-
tween three and four o'clock in the afternoon, she was
on the stairs, when her servant girl called her atten-
tion to a noise in the prisoner's room, which caused
her to stand close to the parlour door, when she
heard his wife, whose voice she well knew, exclaim
several times, " Oh, you will kill me ; you are sure
to kill me." To which the prisoner replied, " I will
murder you before I have done with you." Witness
did not hear the sound of any blows, but there was a
dreadful screaming, followed by an exclamation from
a boy, the son of the prisoner, " Oh, father, don't kill
mother." On Sunday morning she saw her again in
the shop, and since heard that she was dead.
Alexander George Moir, an intelligent boy, aged
thirteen years, was next called, and being sworn,
said the prisoner is my father. I was not at home on
Saturday afternoon, being sent on a message to
Camden-town. On my return, at six o'clock,
found my mother lying on her bed apparently in an
insensible state. I spoke to her, but she made me
no answer, and did not in any way recognise me.
When my father came to the bedside, I asked him
what was the matter with my mother ? And he re-
plied that she had fallen Aown in the shop. I noticed
that she was much cut about t'ne:head, her left eye
being cut, and a 'great deal of blood flowing. Her
ear was also much bruised, as if from severe blows ;
and she remained totally insensible, and never spoke,
from the time I first saw her, until she died on Mon-
day morning.
In answer to the Magistrate, the witness said that
it must have been his younger brother that cried out,
" Oh, father, do not kill mother," as stated by the
other witness.
Elizabeth Fagan stated that she was a charwoman,
and that on Saturday last she was employed in that
capacity, from nine o'clock in the morning till five
o'clock in the afternoon. Between four and five
o'clock she heard a screaming, and from the back
kitchen saw the prisoner strike his wife a blow on
the head with his hand. Witness went into the room
and found that the prisoner had gone into the shop,
and his wife apparently had dozed off into a sleep ;
4. upon which witness went home. On Sunday morn-
ing she again went to the house, and found the de -
ceased in bed, leeches being applied to her head.
Witness examined her person, and found her very
much bruised. There was a cut on her left eye,
several bruises upon her hi s and the lower part of her
body, apparently caused by violent blows. The pri-
soner came into the room, but the deceased never
spoke, although he addressed her. Witness drew his
-attention to the condition of the deceased', Person, and
his reply was that she must have fallen d)wn in a fit.
The deceased was attended byMr. Watkins, a medical
gentleman, but remained ins:n-:ble, fr. ni the Login-
ing until her death, vvhic.a took Face at eleven
o'clock on Monday morning.
Inspector Dodd, F division, informed the Court
that the medical attendant was riot sent for until a
short time before the woman died; and when the pri-
soner was told the nature of the charge at the station
be made no reply.
The prisoner said he had no questions to ask, and
applied to be admitted to bail.
Air. HALL said that the evidence was to strong,