The Express.
London, England, 1864-12-08 00:00:00

BAIL COURT.—Dsc. 7.

Stripy at Ni.t Prin.—(Rotors Mr. Jurtiee Shea and
• Common Jury.)
goon 1. TM BRIMS PRUDINTIAL ASSCHANCZ
COMPAIST.

This was as action broughtby the plaintiff, a general
*gent. carrying on busbies at Dalton, against the defend-
ants for an alleged wrongful &missal.
The defendants pleaded first not guilty, sad, secondly,
that the plaintiff mieconducted himself in such a manner
during the time that he wee in thew station that they were
justified in dismissing him.
Mr. Dishy Seymour, Q.C., and Mr. Beet wars counsel for
the plaintiff ; Mr. D.j. and Mr. Morgan Howard for the de.
fondants.

It appeared from the evidence of the plaintiff that in the
veer 1861) the defendants amalgamated with the British
Industry Assurance Company, and upon that be was ap-
pointed the agent for the hingslarid district, at a salary
and commission. He continued in that employ until Sep-
tember of the present year whom, according to his ac-
count, the defendants dismissed him without any cause or
warning.
The plaintiff in cross-examination admitted that he had
been somewhat irregular in his returns to the company, but
he alleged that the system of business adopted by the de-
(*adapts led to the necessary biennials of balances against
agents, which they could not avoid. He alleged there was
no such irregularity ss would justify a dismissal.
The defence wee that the plaintiff had habitually neg.
looted iris
duties in not making proper weekly returns of
premiums and lapsed policies, and by allowing his balance
to increase considerably above the amount that agents were
limited to.

The ease occupied a considerable time, sod
The jury, after being locked up about an hour, returned a
verdict for the plaiutd—Damages, 1001.

COURT OF COMIdON PLEAS.—DEc. 7.

Notice bad been given that this coon would to-day sit in
tame for the purpose of giving judgmeat in the few came
which are standing over for decision • and it was expected
that the case of Hobte v. Reining, iouching the question
whether the underwriters are to bear the lode arising front
the seizure of the Peterhof! by the Federal government,
would be determined. lio Witco sittings were, however,
held, and it was understood that the reason was that two
of the judges who were upon the bench during the last
term are now upon circuit, and therefore unable to consult
with the Lord Chief Justice as :0 the judgments to be
given. These cases must, therefore now stand over until
next Hilary Term.
lir. Justice Willis and a common jury held sitting at
nisi print, but the only contested case tried turned upon the
question whether some fire•engine hose supplied woe of the
quality bargained for and of course the matter was of no
helmet to anybody but the parties toneersed in the snit.

D, D. Berme, the "spiritual medium," is giving
poetical feedings in Boston.
CONSTIPATION, indigestion dyspepsia), nervous,
M ous, liver disorders, fevers, co , Asthma. consumption,
debility, cued without medicine, inconvenience, oe expense, by
Du Barry's delletins, health restoring Deralenta Arabic. Foal,
which restores perfect digestion, strong serves, sound lungs.
Isealtby liver, reshing sleep, end energy, even to the mod en-
feeble 4 wring fifty times ha cart Mother remedies. In ttne,
b. ed.: 21b et 6-1. eds. —Du harry nod Co., TT, Degeet.
LAMA, Woke . sad all 60assista.-lAdvertlaament.l

AS&!R IN2,Errmzims:

•
NORTHERN anteum—MASCHlNfllt, Dic.. 7.
• Cacong Oocze.—(lie(ace Mr. Juan Blackburn.)

VALDES 1711103, 017111 MM.

William Slater (VS) ancikolieadCiiceitheas (30), brick-
makers, were charged with harts& al Reddish, as the 3rd
August, maliciously wounded Thames Wild, with intent to
do lihn grievous bodily harm.
Mr. Pope and Mr. Addles for Um prosecution; Mr.
Ernest Jones and Mr. Cottinglam, for Slater ; Mr. Tarr sad
Mr. Edwards for Obestham.

Mr. Pope said this was one of tinge COMM connected with
trade caphisaticen, and it derived more importance from
such • Collllolioll than the mere fact of the samult would
indicate. It appeared that • master bricknaker of the
name of Meadows, carrying on Wainer at Oldham, used
a kind of hand machinery foe peaming bricks.
He accepted a contract in the neighbourhood of
Stockport, sad to carry it out brought over some of hi men,
and also his machinery for the preening of bricks. These
men belonged to • trade society at Oldham, and they subm.
fluently joined a trade society that held its meetings at
Stockport. The prisoners were members of the minty,
end held office in it. In consequence of some unfortunate
dispute, originating in the resistance offered by the society
to the introduction of these brick machines, a strike took
place amongst Mr. Meadows's men. This strike lasted five
or six weeks. The prosecutor, who was one of the turn-
outs, returned to his work before the termination of the
strike, end the dreadful annuli which was subsequently
made upon him by • number of men employed in the same
trade arose out °tithe fact of his thus sooting at defiance the
rules of the trades union. On the evening of the 2nd of
August the prosecutor was for the first time put upon
night shift at the brick burning kiln. He went on duty
about six o'clock, and the other men went away from thew
work, leaving him alone is the croft. About 12 o'clock
be was awoke by • man, who spoke to him and asked to be
allowed to lie down somewhere upon the cinders, as he was
tired. The prosecutor sameted, sod then five men ap-
peared from concealment behind the office, and the men
together inflicted upon him an smelt c 4 the most murderous
character, and it was only by God's provideees that the
man's life was not s. The me beat him with large
pieces of wood about the head and body, fracturing one arm,
wounding a leg, and invade; him with blood to such an
extent that his life was despaired of. Once the poor fellow
escaped from them, but his amailants came bask and re-
newed the attack, filially leaving hint with se expression
from one of them, " There • he'll burn no more," meaning
more bricks. The prosecutor then managed to drag himself
to his house, having entered which he became insensible.
Outrage* of this kind made one pause and fear lest oar civi-
lisation had not prospered to the extent sometimes boasted
of. Of the outrage itself there could be no doubt ; the
great question for the jury was as to whether the prisoners
were amongst the men who committed it. The evidence
upon this was that the prosecutor himself, at the time of I
the assault, recognised and swore to both of them. This was
the only direct and positive testimony as to the identity
of the men in the dock, although there were certain
minty and acoessory circumstances which connected them
with the affair. Slater, in company with other men,
waited upon Mr. Meadows, and remonstrated with him
on the employment of Wild. There was evidently,
on the part of the society, • determination, if possible,
to prevent Wild resuming his employment. On the after-
noon preceding the outrage Slater came to the brick-croft
where Cheethans was working, and conversed with him some
time. The progenitor recognised Sitar as the man who
came up to him at midloght, and asked to be allowed
to sleep somewhere, and recognised clearly both Slater
and Cheetham during the attack. Legs of carts were
afterwards found. indicating that they had bees used is the
emelt.

The lint witness' for the prosecution was' Mr. Therese
Madeira, briokmaker, who spoke to a mane to make
bricks at Messrs. Holdsworth ■ works at Reddish; to the
turnout of 36 men on amount of the am of a machine ; to
the return oft Wild aed others before the 'bike terminated ;
sod to the interview Cheatham bed with him (Yr.
Meadows), promising that the ',uremia should return to
their work if Wild sod his oompaaioes were discharged;
sod to his refusal to adopt say such course.
John Molloy sod John Coital-ill, two lade employed as
brick carriers in the croft, proved that as the tad August
they saw Slater go to the clayhole wham Cherithem was
working (some of the men having by this time returned to
their work), and that both the prisoners coavereed together
for some time. . _ _

Wild, the prosecutor, was subjected to a long aces-examina-
Con by Mr. Jones and Mr. Torn, bet nothing materially
different to his examination-in-chief wee elicited. The sub-
'tame of his evidence was, that at midnight on the god
August, it being fine weather, Slater came to him is the
brickstroft and asked to be allowed to lie down. While
pointing out a piece where be might lie, five other men
came from behind the office, heeded by Cheatham. They
said " Where is this prewar r He replied that he did not
know. Slater then pulled him on the ground. and Chest-
ham struck him with a beery pleas of wood across the eye.
The other men were all the time striking him with heavy
pieces of wood, or kicking him. The men went away, but
shortly came back and renewed the attack. He spin recog-
nised the prisoners amongst theca. He cried out, and
Cheatham swore at him and told him to hold his noise. He
managed to crawl to his oottage, MO yards off, sad there
became insensible. Before the mew wept my they said,
" Hell born no more."

The prosecutor's wife 'poke to the proetrate state in
which her husband returned home. _ _

Polioe-constatde John Smith staid that on the morning
following the assault he want to the prossoutoes, who me
him a deseriptioirof the prisoners and their names, and he
went and apprehended them.

Mr. N. Ball, surgeon, Heaton Norris, said he attended
the prosecutor on the day after the emelt. He was suf.
tering from a wound under the right eye, bruises an various
parts of his body, a punctured wound upon his right arm,
• fracture of the boos of the arm, a wound upon the left
shin, • broken bone in the long finger of the right hand,
and other injuries which placed his life in great danger.
The cart log found on the ground by Wild's wife might
have inflicted the wounds. For five days his life was in
danger.
Inspector Richmond, of the county polio*, stated that he
took the priconer's to the bedside of the prosecutor on the
4th August, and ,Lbe latter identified them at once, and
positively.
Witneeses were celled for the defence. -

The jury retired, and is twenty initiates refused with a
•erdict that Slater sod Holland were Guilty, and they were
sentenced to 20 yam' penal servitude.

PhESIMYYMIT OF THE ORA= AMT.
At the close of their duties, this morning, the grand jury
=acts the following presentment :—" The grand jury of the
county of JAWZAW/f st the Manchester winter arises for
1864, do hereby present that the prospect of public execu-
tions in Manchester, sent on the transfer of the as-
sizes to Manchester. is to • matter of ggrreaaatt anxiety.
The southern division of the county of end
adjacent portions of Cheshire sad the 'West Biding of York-
shire contain an aggregate population surrounding the city
of Marichester much larger than is oomprised in a district
of similar exteet surrounding the city of London ; and look-
log to the scenes which took place at a resent execution in
the metropolis, the greed jury see reason to fear that public
execatioes in Manchester would probably be attended by
assemblages of such a diameter as to be dasserons to the
public meat and beyond all ordinary powers of police con-
trot The grand jury, therefore, desire to 'covey to her
Majesty's government, through the judges of swiss, the
emptied= of their bops that measures may be taken for
giving power to hold executions for the Hundred of Salford,
under proper regulations, within the predate of the poi.—
ROB. r. Putun. Foreman." Mr. Justice Blackburn inti-
mated that he would for ward the recommendation to the
proper quarter. _

DURHAM, Die. 6.
(B►tar Mr. Justice Kfts,Mag.)

George Lewin, 21 ; Thomas Ramaltate, murk{ 24 ; and
Mites Hardy, a married man, 40, ►ll pitmen, wars indicted
for n violeat end gross rape Co an old 1/U13110:1 named Maria
Pae, 64 years of age, at. Washington, on the 15th of August

Mr. Blackwell prosecuted.
The case wee about to proceed when Mn. Page fainted,
and ME. time elapsed before she recovered.
The pressman: and bar husband were formerly in &Mont
circumstances at Gateshead, but having bean reduced
she now sold amallwaree about the country. On the
nth of Angus. she was at Weabingtoo, where
she arrived after • hard day's toil There she
went to a house to have • glees of al* and • pipe at the
New lan, kept by • Mrs. Armstrong. There she saw the
primmer* drinking, sod did not wish to be pet into the
same room with them, but the landlady said Me knew tb.
men. On leaving the house she said she was going to •
relative's house near. The prisoners said they knew her
relative and would accompany her, and they did se, pre- 1
tending to direct bar • short cut over • barley field. Whim
near • stile in the field—it was • little after 10 o'clock at
night—one of the prisoners maid that wee the way,
but she hesitated to go, but on being told it wee the nearest
reed, Itionsbaw put one arm on her shoulder, and with
the other be Assaulted her. She said, " Don't da that ;
I'm only an old woman, and am tired." But be threw her
down, mid the other prisoners helped to hold her down
while Beanbag committed the first offence. Then Handy
repeated the villany, while Ramehaw held his band over
her month, and Lewin, held her bands, too that one of her
teeth and one of her fingers were broken. ltamshaw pulled
out • knife and amid, " Swear you week tell anybody •" sad
1 she said she would not if they would spare her A
wood time Ramsbew repeated the outrage. She asked
Sheen to spare her life, and then they west away. The
prosecute: then fainted, and it was not till after midnight
that she recovered. In the meatiness Mrs. Armstrong bad
beard greens outside, and goiog out she found the pro-
sectariz lying down close to the wall. The police were coin.
=unload with, and she was takes to the house of M'Do-
nald, the policeman, when Dr. JOOllOl was sent for, and be
found that the ressentrix had been grossly and
feared that the case might terminate fatally.
A pit boy, Francis Keine, heard cries of murder in the
neighbourhood, and he hurried to the field, and arrived as
Itsmahaw wee outraging the presecutri: • second time. He
also saw that Bandy was present, but be did not see Lewin.
i Were.

NV: ausipball Foment appeared for Handy and Rasnabaw ;
and Mr. Davison for Lawns.

ita.—Fosi.7:cicii.T..l7h.i.r, at behalf of Ms dial*
imioustiog that the prosemitrix was (freak at the Uwe, and
Uri her oesolleelio• nod acediswasatly him bees very coo.