The Express. — London, England, 1866-12-21 00:00:00

WATCHES. 4.-da-eni; tS. Old Bood4____ K 1 S 0 N'S 68 sad 80, ^ APPIN BROTHERS. —rateonanes A.D.1810. CRESTS of SILVERPLATE for theCOLOI•ILES, CUTLERY and SILVER PLATE ke ItatNISHING. ------- MAKIN BROTHERS, LONDON-BRIDGE. APPIN BR MM , 222, REGENT MUT. _ - BROWN and POLSON'S CORN FLOUR for CHILDREN'S DIET. To obtain extra profit by the male other binds are sometimes offered Instead of SHOWN and rumors. " John (frown. " "John Pawn." Is ilipmod by Use makers on eke elpveoo• _ TO COLLESPONDINTS. kdverthiemente Intended tor " The Express," Louden Evemlng , must be at the 0010 e, 10, Boarmie-etreet, by Two :rek . on the dar of medication. MAYMARLIT. Twts %maga, A GAME OF (SPECULATION. Mesas. C. Mathews, Chtepeadale, Begets, ate.: Mesdames Manillas:a, Lava, de—ANTNY AISD CLEOPATRA. Mears, C. Mathews, tea, te. ; Madames Mathews d Rlll.—Flllll OUT OS WACTIN STRAND Tins ETzirnici, NEIGHBOURS. Messrs. PaneHs, Belford, sad Murray ; Mesdames Swaaborougli, Jolmeturst. and Hughes. KEN I LWORTH Moores. James. Tames, & t Won: Mesdames bwanboodußd & Ilayidasm.—and BOOTS AT THE SWAN. HOLBORN. TRH Erieute, st 7, MY TURN NUT. Mr Bellmore; Humes Foote sod lADIVOI.—And FLYING SCUD. Mean Del more, Blake, Yollsire. do. ; Mesdames F. Jeecobe, C. dsoodies, D e eds Foote. Flddes. LUSO& Alleilband. HIGH Mali AT LONDON BRIDOI. nos DAT —Worming, Ob. Igai Afternoon. lb. 210. TO-NOonoif—Norning, lb. 48nt Afternoon. fit. 14e. LONDON, FRIDAY, DECEMBER 21, Ova Assize intelligence yesterday contained the record of one of those cues which invite specula tion precisely in the degree in which they perplex science and embarrass the administution of justice. In a cane of homicide, tried on Wednesday at Leeds, an indictment for murder was met by the plea of insanity. The age of the seemed, his relations with his victim, and the circumstances ac companying the act whose legal and moral character was in question, distinguish it from ordinary examples of alleged criminal lunacy. The pri soner, HINRY GARRITY:B, a boy of sixteen, was apprenticed to a draper in Sheffield, and at the time of committing the offence charged against him, had served two years and eight months of his time. ARTHUR ALLEN, a younger apprentice of fifteen, had served nine months. The lads ap pear to have been tolerably close companions and good friends, occupying the same room, and asso ciating together in their spare hours. For some slight offence committed by ALLEN, but apparently in his master's view connived at or not checked by the elder boy, both of them were forbidden I the privilege of going out after business hours in the evening. The prisoner remonstrated, saying that it was very bard that he should be deprived of his liberty through the fault of another; but he showed no animosity towards ALLEN. On the contrary, up to the night of the murder he conti nued, according to the testimony of his employer, to be, as he had always sh own himself, " remark " ably docile and amiable," " deferential to his " master, and kind to his brother apprentices." On the night of the 21st November the boys retired to bed as usual. At seven next morning their master, Mr. DRAPES., awakened by a knock at his bedroom door. He inquired what was wanted. The answer came in the prisener's Tees, " I have killed ARTHUR." He added, in reply to his master's incredulous ex clamations, " I've hammered his head with a I " hammer, and stabbed him with a knife ;I " I've killed him." On ascending to the I I chamber, Mr. DRAPER found the imfortunato lad "weltering in his blood—on the dressing-table " a bloody hammer, and on the bed a carving " knife, bloody and broken." His skull had been' fractured and driven in by two blows, and there was a surface wound on the neck. While the prisoner was on his way to the police-office he said in reply to the inquiries o f o no of his i n uow.np. prvittiees, that he had done the deed for ?evenly. When at the poliee-ottice, he expreesed himself sorry for what had been done. "At the Town " hall," said Mr. DRAPER, "ho thing his arms " ?lewd my neck, and kissed mu, and bade me " geod-bye." The hammer and knife had liven wanted with a deg are of contrivance, roietile?, tV , the counsel for the crown arglit.‘l, to premeditation, and therefore to wilful murder. The gr o und of defence renewed the old ciewlict between the legal and medical definitions of insanity. I'mpiestionably the prisoner knew the diterenee between right and wrong, in the sense in whelk lawyers understand it, namely, be tween the lawful and unlawful ; and he was aware of the probable consequences of his act. lint, criminal, like every other forum of reaponaibility, do ponds upon two things : dearness of perception and power to control the will. Was this power want ing to Gamma t The evidence for the defence undoubhally established great physical and mental infirmity ; and moral qualities irrecxmcileable with the enormity of his crime. It was proved that in childhood he had been subject to epileptic fits ; that after his mother's death, when he was seven years of age, ho had been treated with conside rable harshness by his father and ste utp th a er d ; and that he was " a kind and good, b dull n " daft boy." Tho medical witnesses for the pro secution testified that his mental and physical organization was defective. His schoolmaster deposed to his freedom from any passionate or vindictive impulses. " Scarcely any other boy " was so constantly well-conducted." After the murder, the boy said that his stepmother had spoken of his ending his days on the gallows. " He always had a belief that he should kill seine " one or himself ; and finding himself in a bed " room with a fellow apprentice, he thought his " opportunity had come, and ho seized it. He " had never had an opportunity before ; for " merly lie slept with an assistant. He thought " of killing him ; but he thought he would be too " strong for him. He said his stepmother had so " instilled into his mind that he must come to " the gallows, that he felt he must kill some one." These statements followed the commission of the crime ; but it is not necessary to regard them as self-exculpatory inventions, since the prisoner at the late trial first pleaded guilty, and was only induced by the urgency of his counsel to with draw that plea. Tho jury found him guilty of wilful murder. The facts, interpreted by the legal definition of insanity, which restricts it to ignorance of legal right and wrong, and of the consequences of violating the law, left no other course open to them. The age of the prisoner, his previous good conduct, and his imperfect mental and physical organization, render it probable that the jury's strong recom mendation to mercy will be acted upon. The question of the lad's future fate is not, therefore, for him one of life and death. But it may be for others. If, being subject to ; I I ;I, , ••, '. 11, i i 4 ,, ~, \ ; I, i ..' 1 , . I ; : , I , 0 .; 1 li , „ i , 111 i 1 i , I ' I ' 1 ' , , ~ , I I , , ,i , ~, ' iL , , , 1, : , 1 . , 1 1 , , , r,' 1 , IT 1 homicidal mania, he is treated Alls aa ordinary eoa -1 vict, the life of a turnkey a kllow-pfilloper may be sacrificed , sent "slk lunatic asy his proper place in a criminal lum, where he will be submitted to the proper surveillance and restraints, and to curative or alleviating influences. The comparative assurance with which one h e althy mind interprets the act ions of another is obviously unattainable when any element of in sanity is introduced. This implies s suspension or reversal of ordinary motives. The difficulty of finding any psychological explanation of the crime of the convict points to the pre sence of homicidal mania. An unused volition, a murder committed without malice or passion, is as irreconcileable with the normal action of the will as its helpless subjection to irre pressible frenzy. The physical symptoms in the case of GABBITES confirm the idea of his insanity. Writers on psychological medicine declare that epileptic seizures are often alternated with, or leave behind them a disposition to homicidal mania. The pains in the head of which the convict, according to the testimony of an apprentice, complained on the evening before the murder, and the dulness and melancholy which he exhibited, appear to indicate that access of cerebral disorder which usually precedes a homicidal outbreak. His readiness to converse about his crime while in prison, his original plea of guilty, and his im passive demeanour in the dock correspond with that teat of volitional insanity which has the triple authority of Dr. Palrenazn, M. Esenutoi., and Dr. Foam's Wuzszow. "He " (the homicidal lunatic) seeks no escape or " delivers himself up to justice, know " ledges the crime laid to his charge, and de " scribes the state of mind which led to its " perpetration." The premeditation and contri vance by which GABBITZB possessed himself of the instruments of his violence have their counterpart, it is scarcely necessary to say, in every lunatic asylum, and constitute one of the chief dangers against which the custodians of the insane have to guard with most incessant watchfulness. We do not enter upon the question whether clear insanity should always confer legal irresponsi bility. It is possible that in some cases the fear of death may keep in check an otherwise uncontrollable homicidal impulse. " I sin a madman, and they " cannot hang me," is a phrase not unknown in lunatic asylums. But, in the present instance, assuming that the recommendation to mercy is acted on, the question is in what place the boy convict can be kept with lea st danger to others and to himself from his homicidal propensity—in the asylum or the prison OUR CONTEMPORARIES. (THIS DAY.) THt FRVICH =PIM The feeling which is being manifested in France against the manure fort he reorganisation of the instanced by the Daily News as not one of the least curious and interesting surprises which the Second Empire has reserved for history. On the whole, however, that empire has shown neither the lust nor the lassitude of glory. And now it finds itself in the presence of a peaceful public when it proposes a measure which would diuble its effective army and convert the whole civilian population into • reserve. Every journal with the slightest pretension to independence condemns it utterly ; even the government organs belt and hesitate in defending it. It would probably be an in justice to the Second Empire to refuse it the credit of having provoked this most welcome anti-warlike spirit, not only by its encouragement of peaceful arts and enter prises, not only by the example of some Muller wan and abortive expeditions, but by the simple fact of its own existence as an essentially military government, and by the natural law of attraction and repulsion which under the monarchy of July made the liberal opposition ardent for war, and under the Second Empire makes them sick of soldiering and eager for peace. assuming that It VimWs financial statement, which has OM been made, is of a satisf ac tory nature, the Telegraph dwarves that the data for judging of the national amounts of ISO' are not very definitely explained, though it is not until lelki that the main pressure of the expenditure re quired by the proposed reorganisation of the army will be felt. There is clearly no present intention of humming ex tmordinary expenditure for that purpose, and the relegropk believes that it is the 'Moen belief of the Emperor that the reform he proposer to introduce can be deeded without laying any abnormal burden on the mimosa of the country. It dues extremely little good in inveighing against the wickedness of war ' or against the folly of turning labou rers and artisan s into soldiera. Some eausideralde augmentation of the national foray was urgently den anted by public opinion in Franca, and the proposed scheme may fairly be regarded, in the language of X. Fould, "as a fresh gua rantee of peace and severity , fur the future." The Mal/.1414 also enlarges on the satisfactoey character of the French budget. and seems to regard Alm wag of deficit' as orientally overt rowu in France. M. Font and France, the Emperor and the ministers who hare aided him in his liberal comniertial policy, must be Imlay congratulated upon the increase of revenue from indirect taxation which has thrown alto the lap of the minister 41i3OrktOnfr. this year, and from which he dares to count on double that sum in 1:117. This increase indindee • great commereiri and industrial prep city, it proves an augmentation of well-being, not to say wealth, amongst the people generally., and, in fact, supplies the most con clusive and thoroughly impartial testimony to the wisdom of the remarkable roan who has known how to enrich France aga est her will, curb at his own cost her passions, and 'amities his favourite schemes to her interests. ads to the army question, the Storsiard complains that M. Foul," says nothing of the price which France will have to pay fur the proposed changes, and considers the information on the subject generally as very scanty and unsatisfactory. EMBARRASSED RAILWAY CONITANIES. The London, Chatham, and Dover cannot pay its de benture•hnlders, and it asks its debenture-holders to aid it in raising a fresh loan the North British can pay its debenture-holden, but tot its preference shareholders, and so it leaves its debentures untouched, but lays hands on its preference shares. To the Times it appears that the very obligations which in the London, Chatham, and Dover proposals are represented as coming before debentures, are considered by the North British directors as coming after them. Yet, what is law in one case must, we presume, be law in another. The debenture holder is something different from a share holder of any class. He has lent his money on mortgage, as it were, and it is not to be denied that people who bought railway debentures have always done so on the understanding that they acquired a claim on the property of the company corresponding to that of a mortgage-bolder on land. It was probably never imagined that the claim I would need to be enforced, but it was presumed that in the last resort the debenture holders could enter on the property and sell it up. The Times does not conceive, indeed, that this right is disputed now, but it seems, nevertheless, that a variety of claims i little dreamt of in such transactions may rank on a level with debentures, or even struggle for priority. It really appears as if the true priority of the numerous , claims which may attach to the property of a railway company is not yet understood, but the fact only brings ' out into strong relief the necessity of obtaining not only accurate but intelligible accounts of railway property. People will certainly require to know hereafter not only what debts are to rank before debentures, but what amount of such debts exists. It is the ignorance, and, Iby conseqence, the distrust, of the public which keeps shares so low, and residers investors so timid. The Central Pacific Railroad is complete to Cisco, 93 miles test from Sacramento, and 12 1 ., miles from the summit of the Sierra Nevada Mountains, and 5,911 feet above the level of the ma. 'RESS, FRIDAY EVENING, DECEMBER 21, 1866. CE. LAW IN'rELLIGENCIL . (THIS DAY.) LATES' - - (alms% TELKOSII/11) SPAIN AND HONDIMAS. 2LADRID, Dsc. 2L Two Spanish frigates have left Cuba to compel Honduras to observe neutrality in the Chilian ques tion, and also for the purpose of protecting Spanish commerce in the Central American waters. AMERICA. ARRIVAL OF THE SCOTIA. The Royal Mail steamship Scotia, from New York on the 12th inst., arrived at Queenstown at 5.25 a.m. to-day (December 21), with 117 passengers and 272,188 dols. in specie. She landed all the mails except those for Liver pool and Scotland, and 14 passengers, proceeding at 5.40 a.m. for Liverpool, all welL NEW YORK, Dzo. 12, Noatcato. The House of Representatives has passed the bill exc l u ding from the next Congress the represen tatives from all states not recognised by the present Congress. The frigate Susquehannah, w ith General Sher man and Minister Campbell on board, arrived at Vera Cruz on the 27th ult. An offer made by French officials of an escort to the city of Mexico was declined by General Sherman. The Susquehannah left Vera Cruz on the 3rd inst. for Brazos, Texas, from which place Sher man, after an interview with Sheridan, has set out for released Monterey via Matamoros. Sherman Ortega, and ordered the arrest of General Sedg- wick. A proclamation has been iss ued at Vera C rux 1 declaring that the Emperor Maximilian haa not left Mexico. The Emperor is reported to have formed a strong alliance with the church party, securing important monetary advantages. It is also stated that he has offered to turn the govern ment over to Miramon, Marquez, and Merin, and appeal to the popular vote to decide upon a new government. The re p u blicans are concentrating their forces for an attack upon San Luis Potosi. A Fenian privateer is reported to have escaped from Newburyport. A British vessel has started from Halifax in pursuit. -- - (BY ATLANTIC TELEGRAPH.) NEW YORK, Dsc• 20 • The Emperor Maximilian has announced that he will not abdicate. The North German Lloyds steamship Deutsch land arrived out to-day. - COMMERCIAL INTELLIGENCE. NEW YORK, DEC. 20, Evasmo. Gold, 1341. Sterling exchange on London, 1091 ; 5-20 United States Bonds, 107 ;lino* 11611; Erie, 72 ; Cotton, middling upland, 35. • FIRE A This with the low No. 2 1 , a eerPoldw by moats ' She lower the i .' mist cd • their "kill p aved by e• and heads. se Weeks, f • At that - two ands' • were b UmPbs eat se • • •11 01 was the • Omega. the other • "barred The house Prevented A large f Bear*, of The for of Mod" ' preurving latches, disearwed asmknyed. 4 'of The mmr econteil l f iD • in which S very little tea' preeent espy tee threats • smut for dead • dtalculty Corson shell best 'maintain Fcrehle • late Lord delight • Wfiestof his name. Lord Me "shah" • throve' Linwei gist time amend There with the 'band*. sad will Monday. CRY. The .lo a M C thel lark ha The ref in the . year, year a bad el 2 110 W • 111 171 trapror tlt . attmc Wad, reams us etk the lei and • t a g ' revers ras dera • • is* ailing • they n • We' the la • 1 0 then questi • hb sa sixoun Ni • la°l4l shod sad ad at t ea • "s la t it a next Kr. Mr. Natio( • as Po' a in ibis the d Per • - Who The n • Lea mo VII them Pal • eta ate * views A d • dot OR • ISM( 8 A ,1Z at lag Abair let - a* • ..at elk gnu • At tot - 1 a std said dna 111 Lad So P O be h la lr« only gs,"sma lie son at the • sad* whi.. e the den • heat*. say n 4014 bi • A :1. WWI Cha Tsai • Ins I. MGR RR N il* The Agri dtig* • • f .• tot ens the op via * Rs . k - who few 1 the wit se riatel s* .e trsirs A ' f • k. • 01. I si • 'flung to do _ a4 as itrUb r • • the ag a° ▪ On r rein s peali t o • ea er ar I 'l • r t ither 0 1,..0 sod 710 0 4 of b , re ire • ; „„o , t hieve t 7 , 01 4 307,ks t* • er of *II /tut, i• to, ' • Ion! fc";,o as Na 7„, Wow, - _ Oar • s ol. j o t— • Int Court. OSBORNE, DEC. 20. The Queen, accompanied by Princess Christian, drove out yesterday afternoon, attended by the Dowager Duchess of Athole . and her Majesty walked in the growids this morning with Princess Christian. Princess Louise and Prince Christian rode out yesterday afternoon. Prince Leopold and Princess Beatrice walked in the grounds this morning. A Committee of the Lords of her Majesty's Most Hon. i Privy Council oat yesterday at the Privy Council-office, Whitebait, on the subject of quarantine. The Lords pre sent were—the Lord l'resident, Viscount Cranboree, the Right Hon. Spencer Walpole, the Right Hon. H. Corry, the Right Hon. E. Hammond, and the Right Hon. Sir Stafford ticrthcote. The Attorney-General end Solicitor- General were also present. Mr. Harrison attended the committee. A Committee of the Lords of her Majesty's Most Hon. Privy Council sat yesterday at 'Whitehall on matters re lating to the (tattle plague. Mr. Harrison and Dr. Alex ander Williams attended the committee. A BRUTAL ACT. John Phillips, a tall, powerful fellow, who refused his address, was charged with cutting and wounding George Chapman, apparently about three months old. The baby was lying in the arms of the mother, its bead bandaged and the features very pallid. Complainant stated--At 6 o'clock last evening I was entenug the Ten Bells public-house in Spits'fields, when the prisoner, who was standing at the counter with a saucer in his hand flung it—l can't my whether at me or the baby in my arms, or a child at my side, but it struck the baby above the eyes. Mr. Ellison—Did it cut the infant! Mother—Oh, sir, it bled dreadfully. I screamed that 'rue pyre or EDINBURI:II.—GuNTON, Tnuas- he had murdered the child, and then ran to a doctor's,but star ) Royal Highness the Duke of Edinburgh, who he would nut attend to the wound ; a second doctor also has leen passing this week with Lord and Lady Suffield at refused, and I then took the poor little thing to the hos pital. I afterwards returned to the public-house; prisoner Guntonthall, has been enjoying excellent aloft in the was still there, and when I asked if he was not sorry for noble lord's preserves. A large party of the aristocracy what he had done he jeered at roe, and abused me shame are alaying at the hall, and last evening Lord and Lady fully. I then gave him into custody. Sutticld gave a ball, which was attended by about sixty tntin. 11 1 4 H-1 believe the prisoner was the worse for ladits and gentlemen. Palming was kept up till two liquor, but lam certain that be well knew what he was this morning, to the music of Mr. Walter Howlett's band doing. Prisoner was remanded, a certificate stating that** trout Norwich, an elegant supper being served about min t \ wound was serious. night, Among the party s' eying at the hall are Viscount COURT OF COMMON PLEAS. THAMES. Newry, Lord and Lady Alfred Paget, Leal and Lady ken" I SECOND COURT.. 111411WS DIUIVINI:.—sICRIOUR aceinmer. aleallaiu, Colonel and Lady Hotly Kingseote, the Hon. ' Sittings at Myhre N in Loadon.—(Refore 11r. Justice . Gower Zeta**, carman lu the employ of Mr. James Stiff, Mr, said Mrs. Coke, At. The ball last evening was opened : and • see men Jury.) jof the Pottery, High-street, Lauthetli, was brought before tooter •e. Bk.RTIL Partridge, deuced with furiously anti reeklessly bY do Dube of Edinburgh with Lady " 'Will ' Lc" Sur. I This was an action be the Chanties-I:tin of the City of driving a horse and vas , damaging the cab No. 4,147, sad po ut d with Leely Alfred Paget. The duke is et. Loudon to recover prelatic* trout the defendant upon the seriously.injurieg Thomas Chapman, a tab driver. pouted to leave Guatou on Saturday. t ground that he meted as • broker without haring been ad- ' Last night, a few minutes before 12 o'clock, Chapman Privies% Teel: and Primaiss Mary Adelaide of Teel suitti-4 1w the Court of Aldermen. wog drtvtug his cab at a moderate pace along the Om ", i Mr. &breed James, Q.C. and Mr. Archibald appeared arereial-msol, and was about to tura into aloe th e is hove returned to Canthridge Cottage, X'em. teach visi ti ng for the plaintiff ; and Mr. It'utler /Salty for the defendant, a southerly aireetioa. when the wiemer, who was the Duke and Duchess d'Auxuelt at Woodnorton, Woroes- i It was stated that trout tine: ituarentorial brokers in the the Name for liquor, and was driviag a hoes, tershire , t`ity had le a rn admitted, sworn, and registered by the Cur and van along the stone tramway at a furious and The Duke of Hamilton's shooting party at Triton . intiaterebustetheetemateteterdid not whollyilependucerei usage, rec Mesa _ , pace eea oar ,r i te u re m:let t : . ar . ii h tl e t th dr e tee th erea cu eb t both tof queen Anne and &no of tug wheels on Park, Suffolk, separated yesterdae. The duke end his ; 17th tleo. 111., which regulated the matter. la March down and stunned and the cab was • complete wreck.. friends have had excellent Volt- Severn' thensend heed lest, Mr. Stanley, a man el measly eireutustanees, bought, The prisotter drove on ea if nothing had happened. He of game were killed in the three tleys' 'bootie& through the defendent, 1,0001. Consols, for the amount, was pursued by polioevergermt Fruston, No. fiS K, who There tom upon this transaction a hes of 151, ra., which took bins _into custody. nano° s said the_ prison er _ was The Earl and Countess of Durham arrived in , Mre Stanley's daughter* paid out of their noon" Mr. m 04111,10 ' °IT to Name mot was the wen' for liquor to" a fear dace ago hem Larnbt°6 ()lA'''. The °°° ateas Stanley employed the defendant in three other Jeanne- Mr. Partaidge—ls or mpeneetims staked for? A good and family go toolo or to-morrow to Lembten. The noble titans, which resulted in a leas of 421. 2s. ed. This amount deal of detuage bout been done. earl will go to Lauffiton Castle next week, . Whs Yet road, and when Mr. Stanley was sued for it his The complainantNo, air; my master will being his The. Earl of Warwick had a narrow escape whilst ztoileicitrtosr,..eotltmmutcalited with the City Solicitor, and hence act u io e c. nifefiage fined the rimier 40s. for furious art nes- rag, shooting with a party of friends the other day. His lord- • The foul? contracts Were put in ; they were dated which he paid. ship's gun exploded as he was in the act of firing it ; but " King - street , London," and proof was given that the de- i WANDSWORTH. (although the stock was rent to p ieces) the noble earl lendant was not a sworn broker. ABANIX)NING AN INFANT. Mr. Butler Rigby submitted that the case was not made Ellen Levitt, who was charged last week withithendesing escaped uninjured. out, because it lid not been proved that it was the de- her infant, only 14 months old, outside the gates of the Viscount Hamilton, M.P., has left town to join fendant's general course of business to act as a broker. Wandsworth Workhouse on a cold October morning, was his Excellency the Lord Lieutenant and the Marchioness Mr. Justice Byles—Have ye ahoi to p arl i a m ent show that a brought before Mr, Ingham for final examination. of Abercorn and family at Dublin. man who o ff ends against an se t of only once is It e ill be recollected that the prisoner was remanded foe Viscount Castlerosee, M.P., has returned to his excused! lam against you upon that. , the attendance of the woman who picked up the child. Mr. Butler Rigby further submitted that there was no Jane Collier said she passed a woman in the morning of seat in Ireland, after a short stay in town. ' sufficient evidence that the transactions in question were the 12th of October, about a qua rt er of • mile from the Sir Charles Lennox Wyke has returned to town effected in the City of London. workhouse, carrying something that looked like a eldld. ustice Byles—You can address the jury upon that Witness asked her the time, and she said half-past 3 from visiting Mr. Thomas Baring, M.P., at Norman Court, if l y ir oS j think you have any chance. My outs doubt is o'clock. She thought the prisoner was the woman. After Hunts , where there has been • large shoo tin g Party. ' whether the statutes apply to time bargain s such as these, witness had passed on she beard • child 07. Soon after. We (Sfainfi.rd Mercury) regret to announce that ' or apply only to real sales of stock. : wards she turned back and walked towards the work the illness of the Marquis of Exeter took such • serious ~ Clark?!r..a y me i t its 4 that point had been sleekly decided in house.s h e Sh e got theto e turn on Monday last that all the members of the family Mr. Justice Byles observed that as this was • penal to the gate. She took it into the workhouse. l yi ng wit were telegraphed for, and arrived at Burghley in the course action he would save the points of law for the defendant, ness explainexpaed her reason for being out so late by stating of that and the next day. On Tuesday evening a slight if the learned counsel thought he could make anything of that hail • quarrel with her husband, and she ,cnloeg,kthine port e r,themorning, ru sai ing d h,ewiwud raw ed the up wi a t t ness lo improvement took place, and yesterday his lordship was them. walked about all night as she was afraid to get home.) reported to be somewhat better,having passed a more corn- The verdict was for the plaintiff for four penalties-400i. fortable night ; but he remains in • most critical con- ' I dition. I , with the child in her arms. The child was very thinly " mi ß nu o ts ri t o ll 4 erri o I clad, and was purple and all sorts of colours from de cold Lord Areland, whose illness we noticed last • TILE POLICE COURTS. and exitoeure. The child had neither shawl nor bonnet. week, is, we believe, convalescent. (THIS DAY.) Dr. Counor, jun., who stated that the child was in good Lord Lytton has left Paris for Nice. "His .1 1 health, was, however, of opinion that it was not sufficiently —,,,--- I clothed, and that its life was placed in danger by the friends," says Galignani," will learn with pleasure that his GUILDHALL. 1 exposure. lordship's hearing Las been very considerably improved Tilt ROBBERY AT AILKSRB. COOK'S, BT. PAUL'S CHURCH- 1 •DITS. Mensell,. a lady residing in Battersea, came forms Ito 11 's under the care of Dr. Turnbull." YARD. and gave the prisoner an excellent character for being an tary division in Belgium, has jus t addresso Lord AdelbertCecil(saysthe Notfin/hom , Tourrini) a ,•' Ch Ors Brown a diminetive lad, was placed at the bar industrious and persevering young woman. She also said of the different corps under his orders a CiffUlsr .... Wcharged • h deaf en remand, before Sir R. .Genders , wit h that when the prisoner was confined she was in •v IT the le gir has been conducting a series of religions services at Stem. ing two parcels from the premises of Messrs. Cook aw d distressed state. She was ready to receive the prisoner e - has created a certain impression among , ford. His lordship having during the last few days left to Co., St. Paul's -churchyard. - • amain in her employ. officers in the different regiments. Ile writes : ~7( danger because there was a squabble between the parents. eve Moot . ' rd General Renard, commander of the fourth Mr. Ingham said the child's life mud not be placed in your of fi cers and tell them that I h or Doily join his regiment, the services are to be conducted in Mr. Lindus, of Cheamide, reminded Sir Robert that the future by a Scripture reader. prisoner bad been apprehended under the following cireum- several of them, indeed • large number, stances :—For some time past • set had been made upon Herring reported to the magistrate that the board of Earl Russell, M. Olozaga, and the Grand Messrs. Cook's premisee, and some well mduehle Parcels guardians left the case in his hands for the law to take its not hesitate in the theatres, pro •form they wear by no" - uchess Mary of Russia, were present in the Hall of the bed been stolen from their lack premises. They applied course, as they had been troubled so much with her. places, to compromise the unt Five Hundred, at Florence, at the opening of the Italian to the police, and James" Henn, detective officer, was Mr. Ingham said a very serious offence bad been co to females of a cert ain claaa." sent. By his direction two dummy" parcels a m i tes , rind he couldwithdraw m- c c . e f ar ther t. wee placed chambers.He should send her for trial. the tweet-01,1d sal: on a hamper near the spot from where tie y had previously hospitals have been made by A correspondent of the Hants Independent says lost a valuable parcel. The result was that Hann captured I to h , ce si! ! ficent gentleman who is understoo . ''__,rata that • specimen of the peacock butterfly was caught in the prisoner, but another boy who was with him escaped. ' ".6,000/. for the benefit of the Londe n 1 ' n ibis goo Stoneham Park last Monday. The police were perfectly certain that the two boys were ACCIDENT AT A MENAGERIE . —A travelling men "- informed that the circumstances .estang , ° . .. :4 . 4ir wasi l The prize money paid to Federal sailors for cap- being trained by a man to be regular thieves. The psi - „tie was locate d on the south quay, Ayr, .for two or three apt' ,_ of ropristion are thew. The gentleman le _,.. t b goner had been remanded in the hope that he would have days, at the close of last wee k and beginning o f this wea k . memos _a legal pro the fession, and otos tv.--,-- er of the tutus made during the rebellion was very handsome in given some information respecting his companion, end the On Monday night two or three boys many cases. The lured amount paid to one individual man who had got hold of them, but he obstinately refused unt i e ,. b etween the eneaeanaandni P had ere t at as in- made it a condition thael , one for the capture of • single prize was 38,318 dole. 55c., paid to say a word about them . The case could not, therefore, tempt a leopard w i t h hen ' them be g an t° " ha" p°l"- lie should t &Part 2-. . enni. fcg \ be carried any further. • e. The animal, ge tti ng pro_ of success. his client we . i n•ls.. to o menatirs or edgy ft, s to William Budd, commander of the United Statesl yoked, throat oat its paw, and caught one of its barmen. relations, and that he . art - c 0„,.,„,.. steamer Magno li a, for the capture of the Memphis. After tor's companions—a boy named John IVAditan, about nine for th errtirannek ea _ t ime z...A rataba an d emeen,beirg ;eon The prisoner was fully committed for trial. CLERKENWELL. years of age—by the free tearing • portion of his nose end eland , are., '"'"°•,`"—, .-- ; i h ac e been e*." ,jd paying all expenses of adjudication, this prize netted the ROBBERY OF OVER 5001. %WHIR OF GOLD AND envzz wins. cheek, but fortunately itiflictieg so other serious injury. fortunes taus suddenly and thes handsome sum of 500,914 doll, so that even each ordinary It'd/Met Berm/dr, • wellolrested man, about 28 yaws of Dr. Burns was soon in attendance, and sewed the wounds, puch • =inner as to prove • cures m. ...J o ao seaman realised 1,734 deb. S3c. for his share. admits the age, residieg at 62, Myddelton-streit, Clerkenwen, was which are not of a dangerous natora.—Ayr Aeleerniser. there is very crest reason to. medico / j r. o - araril• nobility of the peoviso.— THE FATAL ACCIDENT ON THE METRo. POLITAN RAILWAY. EQUITY COURTS. (Before Vice-Chancellor Sir W. P. Wood.) HT RE THE AGRA ANT ILSTEENIAN'S HANK.—LI PASTE THE ASIATIC BANKING cosPonaloff. His Honour gave j ud g ment this morning in this ad journed summons, which involved a point of consideraby le com mercial interest. Th e question was argued on Tuesda, the Ilth. The official liquidator of the Asiatic Bankingeor poration made aclaim against the official liquidators of Agra and these Bank for a itIGI of 6,000/. and expenses under these circumstances. There was • firm of Dickson. Tatham, and Co., carrying on business in Ceylon, where the Asiatic Bank had a branch. Dickson, Tatham, and Co. held an open letterof credit from the Agra Bank, and having this, in ?ay, 1866, they went to the branch of the Asiatic Bank in Ceylon, and sold to them bills which had been drawn by Dickson and Co. t the Agra Bank in Lon don, leaving with them a copy R othe open letter of credit, and the Asiatic Bank endorsed the parts . culars of the bills thereon. The letter of credit was in these terms : " No. 394. To. Messrs. Dickson, Tatham, and Co.--Gen tlemen,—You are hereby authorised to draw upon this bank at six months sight to the extent of 15,0001. sterling, and such drafts I undertake duly to honour on presenta tion in order. This credit will remain in force for twelve months from this date, and parties negotiating bills under it are requested to endorse particulars on the back hereof. The bills must specify that they are drawn under Credit No. 394 of 31st Oct., 1865.-1 ant, for the Agra and Masterman's Bank (Limited), " U. BALFOUR. General Manager. " G. B. DOLBY, Accountant. „ Shortly after the above transaction, the Agra Bank rue pended payment ; and on the bills being presented to the liquidators, they refused to accept them, or to allow the Asiatic Bank to rank as creditors on the following grounds :—They admitted that the bills were sold on the faith of the open letter of credit being shown to the Asiatic Bank, and that the particulars were duly endorsed ; but they said Dickson and Co. were indebted to the Agra Bank in the sum of 6,000 f. and expenses ; further, that it was a rule of law thet • promise to swept a bill not in existence does not amount to acceptance ; and finally, thnt there was no priv x. ity between the Agra Bank and the Asiatic corporation. O. Id. Giffard, Q.C., and Mr. gekewich, for the Asiatic Bank.--It is monstrous to say that, after the Agra Bank have given this open letter of credit to induce per sons to advance money, the parties who have acted on that re presentation have, neither at law nor in equity, any right to make any claim whatever against them. Mr. Dickenson, Q.C., and Mr. Roxburgh for the Agra Bank. —lt is admitted that a promise to accept a future bill is no acceptance. This document was no contract trabetween the two banks. It m i g ht have been • contract between the Agra Bank and Dickson and Co., but the conwas not ssigned. The Asiatic Bank could take the bills only subject so the claim against Dickson end Co. The Vice-Chancellor, after stating the points, observed that it tad never been the subject of actual decision ; although it was clearly laid down as law since Lord Mans field's time that a prom ise to accept an undrawn bill of exchange is no acceptance. It was, therefore, quite clear that the contract in this case did not amount to an ac ceptance, so that the holder could recover in that respec on t ; but the claim bad been put in argu • ment as if founded contract between the negotiator of the bills and the person giving the undertaking, through the medium of the person holding this open letter of credit. Now there was no evidence of such a transaction as this being supported by the custom of merchants, and the absence of decision on the point was a reason for believing it to form no part of the lex mertatoria. If the claim had any validity, it could only rest on that question of agency which had required some consideration. His Honour le ferred to the cam of " The Bank of Ireland v. Archer," re ported in the II th vol. of !Leeson and Welsby, and sa thoughtid that in the absence of any authority exactly in point, he he should be introducing a great novelty into the lex merca toria if be were to admit the claim. It would be in billfact giving the effect of an acceptance to these undrawn s, which was the very doctrine that was exploded ink e case referred to. If the °sae had be en that of an agency, , which the person holding the instrument was empowered to authorise the dedication of a sum of money on the part of the giver of the instrument to the person advancing money the cue would have been different ; as it was the negotiator of the bills took them, subject to all the equities between the holder and the giver of the instrument. His Honour must refuse the SUMMODB, but if the applicants liked he would give them leave to bring an action. Mr. Gifford said that as the Asiatic Bank was being wound-u by Vice-Chancellor Stuart, to bring an act leave mi s t be obtained from that branch of the court. ion (Before Nice-Chancellor Molina.) RE THE REGENT'N CANAL IRON WORKS COMPANY (LIMITED). This was the petition of Mr. JuiWins, a shareholder, praying furpany. an order for the compulso r y windin g -up of the com Mr. °Woe, who appeared for the petitioner, stated that since the petition wu prepared the secretary of the com pany had filed an affidavit stating that at a meeting o of f the shareholders a resoluti on had been panted in favour winding-up voluntarily. Under these circumstances he should be content with an order for a voluntary winding up under the supervision of the court. I Mr. Osborne, on the part of creditors to the extent of 14,:)001. ; Mr. Bally, for the company ; and Mr. Roxburgh, fur the committee of investigation appointed by the share- , holders. supported the application. Mr. Wickens, for the International Financial Company. who claimed to be creditors for 8,001.1/., opposed on the I , ground of dissatisfaction with the appointment of liqui aator. lie stated that Mr. Judkius received that office to , induce him to agree to the voluntary winding-up. Mr. Lindl e y. who represented a contributor, also asked ' for a coiopul4ory order. After some conversation an order was made with the • concurrence of all vertu., for a voluntary winding -up under supervision, the matter bring referred to cluitubers for the appointment of an aulditional liquidator to be pro - by the creditors. 'barged with riesling, within the past nine months, at o. 10, Green-terraoa. Clerksnwell, between his ' . wo rth of go a nd silver wire, the property of gold ployers, Hems. Henry William Johnson and Son. , Ur. Lewis, solid , or, of Wilmingtonoquare, prosecuted, 1.-.. and said he should have to ask for • remand, to enable the prosecutors to go through their books and ascertain their . precise losses. The facts proved in evidence showed that the prisoner had been in the employ of the prosecutors for some time as confidential clerk, but • few days since they had to dis ' charge as th e y suspected that he had been robbing them t on large extent. On going through the books they found they had been tampered with, and in one case where 72 onnoes of gold wire had been sold to ' a customer, and paid for, the prisoner had pre fi xed the figure 1 to the 72, and , had by that means been able to steal 100 ounces. The prosecutors finding this, went with police-constables Jones, 165 G, and Knowles, 200 G, to the prisoner's residnce, and seeing the prisoner, Knowles said that he was an officer, end that he had called res pecti a robbery at the prieoner's late employers', he also told Um that be would be charged with stealing gold wire. The prisoner said It is quite right ;itis a very bad job for me. It is not more than I expected." In answer to further questions the prisoner said he had sold the wire ; and when the officer mentioned to him about the &Itera tion of the figures in the book the prisoner said " Yes, !t a all right ; that was how I did it, end I amp for it. The prisoner asked none of the witnesses uestions, nor did he make any defence. Mr. Barker remanded the prisoner for a week. ILLKLBOBOIJGH - STI GINT. A SOLICMOVEI CLERK 121 TROU ALL Arthur White, of No. 56 , Winchester-street, Pim li co, was c harged before Mr. Knox with being d r unk and &B ewaring Police-ooustable Fish, 331 A. Fish said that about 4 o'clock that morning he was near the Opera-colonnade, in the Haposzket, than being a good many persons assembled in consequence of there having been • ball at Her Majesty's Theatre, when the prisoner, without his saying a word to him, came up and struck him in the face with hie stick, and on his turn ing round the prisoner struck him on the hat, in the pre sence of Inspectors Sil ve rton and Draper. The inspectors advised the prisoner to go away, but he refused, saying that he was • solicitor's dm*, and in wintoo t his being drank and canning • crowd be wasobliged look \him up. The . prisoner denied having had anything * to drink. Be went into a tobacconist's and gave helf--crow to a " young person" to take for • cigar, and the n young person ' 'refused to give him any change. After staying half an hour, he went up to a confinabler 1P , A11102061 her, or and told him to take the tobacconist into custody, o \ som et hin g else, r e su lse , , erton and corrobors the constable at ontabceletol , and d him (prisoner) that he was drunk, but be was not. the prisoner was drunk. The primmer said be 'newt drunk, only excited through 1 being s - windled at the tobacoonist's. The cs hug e against him by the police was trumped up . , the const a ble being no doubt in league with the tionnist. s Inspector Silverton midi the constable who was as saulted was not near the tobacconist's door all the e vevening.- The prisoner here a ddressed the inspector in a ry in m iri ng manner, for which he was rebuked by the magis trate. Mr. Knox said the police had no right to interfere under such circumstances as the prisoner had mentioned, and if the person at the tobacconist's kept back his change, he ought to have gone to the county !court. The chances were that if the constable had inter fend be would have been turned out of the force. After some difference of Opinion with one constable the prisoner had gone to the lonnade, and without reason I had struck a constable who was in the performance of I his duty in the face with his nue. He should fine the 1 pierisothne treadmill prisoner 5/., and if there had been any marks of violence on the constable he would have sent the priioner at WORSHIP-STREKT. A AV WALT li Y THUM Darid Hammes, • stout and respectable -looking person, 43 years of age, was charged with robbing his employers, Messrs. Charles and John Gould, wholesale grocers, Nos. 4 and 5, Shoreditch. The prisoner had been suspected for some time of pil fering from the counter-tills. Money was marked and placed in them, and 3a. of it was s ubsequently found in his possession. On search in g his house No. 1, Fglinton-road, Old Ford Bow, 46Ibs. of tea, eight boxes of sardines, s even bottles of sauce, and other articles of the description and quality sold by Messrs. Gould, were found and uto claimed by the pros es who had placed great oat& deuce in him. Sergeant Gee, who has the conduct of the case, asked that the prisoner might be accommodated with a seat in the dock ; while at the station house he had been seized with a fit, from the effects of which he was now suffering. Prisoner, who appeared exceedingly low-spirited, was ac cordingly seated - while sufficient evidence was taken to justify • remand. It was subsequently stated that he had recently been left property amounting to 3,000 t. This forenoon Mr. W. H. iril P iS aj p- n l e l , ' eo .) roner fur tea City of London, opened an inquiry at Bartholomew% Hospital, into the circumstances attending the g m *, Charles Paaamore, Hy. Clarke Lukey, and Sarah J - who lost their lives on Wednesday last by the amp which befel a train belonging to the Great Waiters Ins . way Company while es route from Itooegata.earms h Kenengton. The proceedings created a great dell e interest, the large room in which the inquiry was h e y being filled to its utmost capacity during the heavies d the evidence. Mr. Serjeant Eialleatine was present on behalf cd fit Thames Ironworks Company ; Mr. James Barbell, N ag. tor, attended ill the interest of the Metropolitan Ride s Company ; Mr. Bentley, oa behalf of the friends 4 Lukey ; Messes. Vanning, Naylor, and Robins, e sk tors, appeared for the friends of Wt. Johnson ; s a g is r. Lewis, ern., represented the friends of the dammed Charles Passmore. There were also present Mr. lute, the traffic manager, and Mr. T. R. Johnson, the, eigineer, of the Metropolitan Company. Mr. Nelson, City 'elicitor, appeared for the C aepq tion. A respectable jury was empanelled, and after the heir had been viewed, the following evidence was gives : Mr. John Guest, of 31, Crowudale-road, Oakley Camdez-town, a clerk is the Alliance Insurance AN. deposed that he had known the deceased Charles b e y Thomas Princes, Wheal body he indentified. Re weal have been 18 years old in February. He had bees ea ia, snrance clerk. J o h n Luke', wine me chant, identified the body of L deceased brother. Charles Treleran. a clerk in her MniewWY's cantons, reel ding at 40, Pembroke-reed,Sensington, Identified del* of Sarah Johnson. He mid the deceased, who was "else was 68 yearsof age at the time of her death. Her he. band had been an independent gentleman and had Muds Weymouth. Mr. Thomas C u ddiford, house-surgeon at St. Brier me ws hospital, said the deemeed persons were kis* to pwamerethig th: disheaftsiuittailftztlo: y thoot el his ter th:au limi t 72 bruims on wai W in eksees tabodi oat: I dfacer:tremelle lived four the houra obvi g t i s tnese injury attribet being e: hulial e ir s igh of the deoessed to internal injuries. Luke, was bpi in a dying state. The bones of both thighs and * am completely smashed. He rely lived about to mines, lie death being caused byshock frosothe injuries received. In. Johnson was brought in dead. She had a compsead tae titre of the skull on the left ride, a broken neck, see s large scalp wound on the right side of the bead. She hi also a broken jaw, and one of the bones of the arse as broken. Death must have been iarentanecrea W m . L ne gfield, residing at Eltham -rued, Peet, was and examined. He said he was in the train at the fine if thi a ccident, and in the sexed compartment of the weeds class. The carnage :m which he not wia the lid MS i the train. The first clam carriages were in the nil* and the mend class behind., the third elms being le bee and next the engine. Re believed there wee seat* snewartments in his carriage. The fi rst islands he received of the *cadent was a tresaendoee ark ei the top of the carriage. The top sad sides of the .am were smashed in. When be rose from his Ms he se Mrs. Johnson lying dead upon the floor of the mires lie saw Mr. Lukely and Mr. Fenimore taken oat boa vs der the girder. lie knew nothing of the fell* sf the girder, end be believed the other wieners were wink ignorant urn that point.. In replying to Mr. Leans he said that elm he pt eat of the train he did not notice the tackle of the pie. lie was surprised at the rapidity with which the true via stopped. Joseph Daniels. inspector of the Heminerinith lei City line, 'Wed that the train to which the rade occurred left Moorgateetreet at 12.40. The ask' N. Mated of one carriage of each class, and the mgr. He knew nothing whatever of the meaner it glad the accident occurred, nor of the pleon empire il the passengers. Robert Pinter, under-guard of the train, vie ant er , amined. lie maid the box which he uccupied was 4 tan front of the third.class carriage. The train stepped Jae it had gone about a doyen yards from where the Om fell. He knew nothing of the scant led the stoppage o f the train. lie watt to tie broken and raw the deceased Mrs. Jams lyi n g dead. he airriap was divided them break ht one ments, the last on* bong used as b T reat van. The only °reprimand that was left antesehed wa s the first. lie noticed the girder Vag wee tr de line, the l onge r portion of it being off the rails. The ek was going at the rate of six miles ea hoer at the tine of the accident, and WSJ not 150 yards horn Aldengare street statioa. John Simpkins, the driver of the trail, raid the mom and tender were in one, the chimer,' being is free At C box which was near Alderagete retie. they el to psis soa'ne girders, the positions of which he cot& set describe. The first thing that attracted t his strata se the sudden jerk of the train , %beetle imarediaaely bt:iisk steameaparti:otfLthei=trainaTahne to n . tor :li "st rs.. o ;iss: not touch any of the girders while the We e as we under them In reply to Mr. Lewis, he said he lisid set NM dB ;inlets up at say time while the tree ea pre tag, sea he understood it waste he practice ea pat the a positi v e between the running the trams. The Coroner said he now wished to get state vibe iespectieg the girders from a competes% 'Rasa . . A. seer suggested the advisability of an mae*os . c the seem of the acadest. He said be sad le Moe jurors would better understand the evidence altar Isoll seen the girders and the place armed them. The Cornier said the desired opeurtunity yea I afforded the jury. John Malden, ferenan to the Thames haws e Cue pray, deposed that the spot where tie modest bgd rl _ was just at the commencement ,‘f thr new wakes elits is being built over the railway. The Sorg of the markee was to be upon girders tang upon whines. A main girder of non ran fres let lane, extending across the railway. Tare wa s a tor! girder running parallel to th e tiro. ,tel Sect _ lel apart from it. The first cruse- c i r der irom and the 144 „ about 40 feet long, OD! foot wile, about three and a quarte r tons. The rosin& _„ ca used the accident wa s to have been side I'M M4l I° . the other, and would hare been 7 feet tree it . sed 314 from the ground. There was a rope at the top of It vita was Inaba by a`' crab" connected with re The rope when worked by the steam drew . ae . When to *CMOS t h e other girders. IP; wen being drawn there was makes to regulate tern! it, The look from the tackle of the " ilww , lel ° ". it round to its place. A man named Char, d al " ganger over the noon. hod cb t art.e sf .! rope and tackle at the time of lit WT i t The girder should have been lifted and jot 11 .7 place between the time' of the rennin; of . the tan . ~. There was a man employed ta show , lag .rn he l_i i " approached, his position toeing near FArrinpliicer",_ In reply to Mr. Nelson, he toad the rope or b fle7; girder passed through a block over the guise , Iwo no l t n en re de r n ly cy to to draw it Zia , .be sail if them rib: : than ordinary steam up the rope would pess thr lug point, and let the gaoler fel:. Serrant Ballantine—That 4 what it &I de. ___ Mr. Lewis—Did you see the state of the rope onw accident! Witness—l did not. der Mr. Lewis—You don't k now bow the rop e PI gaged from the girder! i; - 'Wit ness —No. _l.,,Mr weLerewi.n—otN‘r-ue re ui te other gds W i tness —Thee were. nd who la ' Mr. Besley — Where d id the non stand flag! nng h ? trains rders put of The inquiry was then aajournad fora week. gi,Nl3.‘vinriiittnnytesiesslfo—i—ery;_ll.l.eiNei‘orwier:befenytcoye. lh.fl,ouisreienii.tha,ht,,ewirniii.e.icnthhaniell,:ilre#lo:„,