The Express.
London, England, 1864-12-12 00:00:00

RES% MONDAY FVENING, DECEMBER 12, Ig6i.

LAW INTELLIGENCE.

METROPOLITAN COUNTY COURTS.
fitittina de, s appointed for the present week.)
Wirrtusersa, IL 51arths-lane.—Tneeday, Dec. 13 ; Wed
nesday, 14 : Thursday. 14
DLOONSBURT, Portland. cad.—Wednesday, Dec. 14 ; Thurs-
day, 15: Friday, 16.
dayßituurroa, Whlteheasregrove.—Tuesday, Dec. 13 ; Wednes-
, 14.
BILINITORD.—Friday, Dec. 16.
CIXIMENVELL, Duncan-terrace.—Monday, Dec. 12 : Tuesday,
13; Wednesday, 1t; Friday, 16.
INOKSWICIL Oidetreet-road.—Tuteday, Dec. Ib;'Thaaday,ls.
BON. Bow-rod.—Friday, Dec. 16.
W Great Present-street. Wednesday, Dec. 14 ;
Thursday, 15; , 16.
Sorra warm* Swanetreet.—Monday, Dec. 12 ; Tuesday, 13 •
Thursday. IS; Friday, 16.
LLNBETII, aNnbetireN•Deir-rolDL—'Needy, Dec. 13; Wed-
nesday, 14.
CITY ur LONDON, Gulldhall.bulldlngs.—Tuesday, Dec. 13;
Thursda), 15: Saturday, 17.
CZNIKAL CRLIMAL COURT.—Monday, De:. 1°

EQUITY COURTS.—Dic. 10.
(Before the Muter of the
=PS= r. JACKSON.

This was a petition substantially by John Else, whose
name is familiar to the readers of the Matlock will cane,
praying liberty to file a supplemental bill in the nature of
a bill of review in this cause, in which it will be remem-
bered that after three trial at law the bill originally filed
in this court was dismissed with costa.

The ground of the present application was this. In May
last certain furniture, the property of Else, was sold ; and
among such furniture, was the bedstead, &a., on which the
tertator in the canes died some eight years ago. This bed-
stead was purchased by Elea's brother-in-law, who, when
he took it to pieces, found under some part Of the lining
two documents now alleged to be in the handwriting of the
testator, and the effect of which was to set up the case
made by Else throughout the litigation as to the genuine-
nem of the three codicils. These documents, it was now
also alleged, were believed to be genuine by nu less than 19
witnesses.

Mr. Kerslake appeared for the petitioners, and submitted
many of the (Acta, with which the public are already familiar,
in support of his application, the effect of which, if success-
ful, would have bean to re-open all the questions heretofore
contested in this matter. At the close of bis argument,
The Master of the Rolls gave judgment at considerable
length. He deprecated further litigation on this subject,
and in commenting upon a peonage read by Mr. Karslake
from the Lord Chancellor's judgment, to the effect that the
genuineness of the interlinsation in the will must be taken
for greeted, maid he most respectfully differed from
that view. His Honour thought the question
was one peculiarly fitted for the decision of •
jury. It bad been three times before one, the last two ver-
dicts were one way, and the last trial was held in London
before a special jury, under the guidance of the Lord Chief
Justice of the Queen's Bench. The question being one of
fact was more likely to he well decided by twelve men of
intelligence and education, accustomed to deal with matters
of fact, than by a single judge, however eminent, who was
accustomed to deal mostly with questions of law. If the
evidence now adduced had been before him when the ow
came on upon the equity reserved, be should not have
granted • new trial. As regarded the view submitted
touching the characters of the witnesses, his Honour
thought that the only person whose character was
all all involved was Else, and when the ques-
tion raised before, and decided by, the juries was
whether or not he had fabricated the docu-
ments, it was not to be disguised that they had found
he had done so. Under these circumstances, it must be •
very strong ease which would induce the court to send the
matter for trial • fourth time upon documents produced
by Else, and to which he may have had Weill before.
Touching the similarity of the handwriting of Elio and the
testator, his Honour observed that Else had from his youth
upwards been familiar with the writing of Nuttall, by whom
he was employed in writing, Sc. The absence, therefore.
of all the ordinary appearance of • feigned or forged hand,
was obviously accounted for, and the fact was, as was natu-
ral, that Else's handwriting very closely resembled that of
the testator. As to the evidence of experts, his Honour said
no j bad expressed more want of confidence iu it than
himeW, but then ouch evideute was of two
An expert might merely express his
trfee,s.
or he might show the grounds upon
which he hued his opinions. These grounds might be
tested, and it might well be that the opinion should be re.
garded as • sound one. So it was in this case, when the
expert had detected little minute differences which might
escape the ordinary eye, and which differences might ob-
viously be avoided in subsequently produced documents.
His Honour then commented upon the time (six years) over
which the litigation bad extended. It was the duty of the
court in such circumstances to stay it. " Interest re-
public& ut sit finis litium." So ter, therefore, as this court
was concerned, whatever the view of any higher tribunal,
the petition must be dismissed with costa.
Mr. Selwyn, Q.C., Mr. Serjeant Hayes, Mr. Sarrage, and
Mr. Bushel were also in the case.

counts respectively of coespirecy, unlawfully assemblinp.
and assaaltbig the police. Him lordship showed that in the
eyes of the law these °fleeces had been committed. He
premed the magistrates for the wisdom which they had dis-
played io the timeliness of their interposition, and said that
whilst he could not justify the use of the sabre, still be did
not see that more force had been used by the polio, than
was neceenu7.
The jury found all the prisoners Guilty on the counts sub-
mitted to them.

Mr. Powell and Lord Lichfield, the Lord-Lieutenant of
the county, both appealed for mercy to the prisoners, be.
cause of the present quiet condition of the district.
The Judge sentenced nine of the prisoners each to one
month's bard labour, and discharged the other ten upon
their recognizance&
The trial of three other prisoners who were to have been
tried for similar offences committed in another part of
Staffordshire was postponed until next assizes.
The proceedings of the assize terminated.
OLOCCEnTga, Dec. 10.
(Before Baron Bramwell.)
Janes Billings was charged with firing a pistol at Eliza-
beth Trow, at Painswick, with intent to murder her, on the
3rd of October ; and also with wounding Job Barofield with
a knife with intent to resist his lawful apprehension.
This was a serious case of attempted revenge by a jilted
suitor. The prisoner sod the prosecutrix, Elizabeth Trow,
had kept company, but for some reason or other the girl
had broken off the acquaintance ; and as she persisted in re.
fusing to receive his addresses the prisoner declared that
no one else should have bee if he did not. On Monday,
the 3rd October. the prisoner met the girl, and presenting a
pistol fired the charge, carrying away some of the girl's rib-
bons. He then rushed upon her with a knife, but was
stopped.
He was found Gui/ry of unlawfully wounding with intent
to do bodily harm, and was sentenced to 15 y...rs' penal ser-
vitude.

THE POLICE COURTS.

MANSION-HOUSE.

At the commencement of the busioess of the mutt the
Lord Mayor mad* • statement a reference to the coarse
which was pursued with regard to the identification of pri•
Boners previously convicted at the City justice rooms. He
said the public might not perhaps be aware of the course of
proceedure which had been in operation in the City justice
rooms for • considerable time past for the ideatiticatiou of
offenders previously convicted, and which had proved most
effectualto their discovery and punishment. Whenever it say
cam it isdeeiredtoasoertaio,eitherfor thepurposeof committal
for trial or summary disposal, the antecedents or previous
convictions of a person charged before the City magistrates,
the accused is remanded to Newgate till • future day, to
enable the prisoner to be seen by the officers of the venous
prisons in the metropolis, and to obtain the attendance of
the constables who bad the previous case, and the certificate
of conviction if neeseeary. la the meantime • warder
from the City Prison at Holloway, appointed to that
special duty by the Gaol Committee of the Court of Alder-
men, as well sa an otlioar from the Coldbatb.fialds
House of Correction (also within the last three month, de-
puted for that purpose by the visiting justices of Middlesex,
at the suggestion of the City Gaol Committee), visit New-
gate and the House of Detention, at Clerkenwell, on ap-
pointed days in each week, for the purpose of identifying
prisoners remanded either from the City justice rooms or
the metropolitan police courts, aa well as those persons sent
for trial from any district to the Central Criminal Court or
Middlesex Sessions, and then the officers' if necessary, pro-
cure the proper evidence, and produce it to the magistrate
accordingly. The justices of Kent and Surrey had also,
at the suggestion of the City Gaol Committee, deputed an
officer to attend the prisons in London, previous to each
session of the courts, in order to identify prisoners previously
in custody, oe convicted in those counties. So that in fact this
new practice originated with the City authorities, and if
adhered to uniformly by the magistrates throughout the
metropolis, the result cannot fail ultimately to secure the
greater safety of the public, by bringing to justice many of
the old offenders now at large.