The Express.
London, England, 1852-07-30 00:00:00

THE EXPRESS FRIDAY EVENING, JULY 30, 1852.

Dave received nearly 131. in cash. m well as the cheque, as
stated by the plaintiff, and that they proved the case
which he had set up. He then called the following wit-
news :
Mr. Henry Trower deposed-1 ens the defendant in this
action and live at Oidney now. My grandfather died on
the 2nd of November, 1849. 1 assisted my grandfather lu
the asseissmost of his property. I lived near my grand-
father I. 16411, at Outwell. I called upon Mr. Palmer while
my grandfather was elite to discharge a note for my grand-
father. I believe it was oa the 11th April. I took about
tf with me. Mr. Palmer was in his oSal. I said "I am
seine to discharge the note for my grandfather." He said
"Very god 71. odd ; " end I said " Yes." Mr. Palmer
said se could not find the note. I received this paper
(Peedmed) from Mr. Palmer. It was written in m 7 pre-
mise. When I had paid it he asked tee if I was going to
sago the IL also. I said that I knew nothing about
It in mg grandfather had not mentioned it. He said it had
bees brat to my father, and I said my father must pay, it.
I told my father about it. I saw Kr. Palmer again shoat
a month after. I went to diltharge the V. and I accused
him of hating charged it as a bonus, telling him that my
father bad said so. He said it was not a bonus but a loan.
I then asked Mr. Palmer fur the 71. note, but he said he
hail not been able to find it. He said nothing to me about
a 201. note on any occasion before my grandfather's death.
After hie death I received this taper (produced) dated April 4,
1851, which is the first intimation I had about the 201. note.
This is Mr. Palmer's bill. About a month afterwards I
asked Mr. Palmer to let me see the 201. note, which I said
I had never before heard of. Ile showed it to me, and
asked for immediate payment, but I asked fur time to satisfy
myself that all was correct. lie said it was perfectly cor-
rect, as it had my father's and grandfather's signatures. I
carefully looked at the note, and the " 20!." in figures was
not then upon it, as I now see. I asked Mr. Palmer again
for the 7!. note, which I had not got, sad he again said that
he had not been able to find it. There is a charge in the
bill for professional expenses, but I had raver heard that
my grandfather owed the plaintiff anything. I employed
Mr. 011ard about the 201. note, and I took him with me so
Mr. Palmer's office. Mr. 011ard asked for an inapec:ion of
the 201. note, and the note was produced. We both en-
trained the notes about two minutes very carefully, and, at
that time, the figures " 20!." were not in the corner. Mr.
Onard asked Mr.Paleser to produce the 71. note, and he again
said be had not been able to find it. He also said, " You
don'tsuppose this is a forged one, do you 1" Mr. (Ward
said, " I believe them to be the signatures of the two
Trowers." My grandfather used to sign with a kind of
t." Mr. Palmer said, "It is perfectly right, and your
client has promised to pay me." I mid I had promised if I
found it correet. Mr. 011ard said that if the 71. note was pro-
duced we should have no doubt about the correctness of the
other. I was in gaol four months at Cambridge, on a charge of
perjury, which it was said I had committed before the ma.
gistrates at Wisbech, oa a charge of forgery against Mr.
Palmer. In the presence of Mr. Balmer I tendered bail,
myself in 2001. and two sureties in 1001. each, and my sure-
ties offered to deposit the money ; but Mr. Palmer objected,
and I was sent to gaol. At the assizes I was liberated, the
bill having been ignored.
In cross-elimination witness admitted that in refe-
rence to the 71. note, which it was now contended was •
forgery, his father had over and over again said he believed
the signature to be his.
Mr. 011ard, the solicitor to the defendant, corroborated
Mr. Trower's evidence, and he stated that he made a me-
morandum in his day-book of what he had observed in
reference to the 201. note, when shown to him by Mr.
Palmer.
In

he denied that when before the ma-
gistrates he had held up the non to the light and said that
the " twenty " was written upon an erasure.
Sarah Trower, the wife of defendant's father, said that in
1847 her husband was sued in the county court for 31. fee
beer, and he told her that he had been to Mr. Palmer's and
got a 71. cheque. He had no elide money. She saw the
cheque on the Friday, and be went and changed it next day
at Wisbecb, end paid several debts. She never saw him
with 2W. in his possession, and never knew him to borrow
money of Mr. Palmer but that once.
Mr. Robert Johnson, the manager of the National Pro-
vincial Bank of England at Wisbech, stated that on Satur-
day, the 15th December, 1847, a cheque of Mr. Palmer's
was seabed at that bank to the plaintiff's father.
Ms.lessield, a publican at Elm, said that in Dee.,lB47,the
ea father owed him 10s. sr 12s. for beer, and showed
adiraeque, but did not psy him until the next day.
Captain Forster was then called by Mr. O'Malley to con-
Indict a statement which bad been made by Mr. 011ard.
He said—l am superintendent of police for part of the Isle
of Ely. I was present before the magistrates, and saw Mr.
Ward hold up • paper to the light. He said, " I saw the
endure myself, and the forgery written over it." He held
up the roper at the same time.
By the Judge—l saw the note myself, and there is nothing
like an erasure.

---- -----
Mr. Jackson, the magistrates' clerk, also corroborated the
evidence.

Mr. Palmer was recalled by his lordship, who asked him
several questions in referenee to the 201. note ; and, in an-
swer to questions by his lordship, he admitted that his
writing, from beginning to end, appeared in many inst.inees
as though the letters had been painted over with a darker
ink than that originally used.
Sergeant Myles addressed the Jury on this evidence, and
set up the theory that the "ty at the end of the word
"Twenty," having been written in darker ink than the
rest, the other words were tainted to make the whole ap-
pear as if written at the same time and with the same ink.
Mr. O'Malley then addressed the jury at considerahle
length In the plaintiff, pointing out, in the course of his
commsnta on the 201. note, that, supposing the word
"Twenty " to have been originally seven, au extraordinary
space must have been left between the last letter and the
commencement of the next word " pounds," for there was
even now quite as much space left as could have been reason-
ably expected.
His Lordship then proceeded to sum up, but had not con-
cluded when the court ruse.

found the deceased in bed. Witness asked the prisoner
how she was, and be said "keeping up such a hubbub, I
wish she was dead," and "he Ilido% mind going on the
gallows to be hung for her." Witness was taken into eus•
tody, and on leaving the room he Paid," Well, my lady, I
thought you would do for your family." Deceased was in-
tensible when wawa' let.
Jane Sprees, lives in Prestonistreet. Went to the
prisoner's bowie on the above day between 11 and 12
o'clock. Saw the wife by the fireplace in the room down
stairs; prisoner was In an up-stair room. Deceased had
a child in her arms and one by her side. A little girl bud a
cloth catalog the blood that came from her mother's
temple. Witness offered to poultice it, but she refused.
Witaar asked her how she came by the blow, and she re-
plied that the prisoner did it. Witness said" for God's
sake be quiet the whole of you and let me put a poultice,"
when the prisoner called down over the stairs, " It serves
her right, she shall have worse if she doss not hold her
tongue." Nothiug bad been said in witness's hearing about
a pi her.
Mary Ann Reynolds, living in Parisstreet, deposed
that she knew the prisoner and his wife. On the 20th
of June she was in Preston-street, end having beard
something went to the prisoner's house till about ten or
eleven o'clock, and saw deceased, and assisted to
bathe her head. At seven in the evening she helped to
undress her, and observed a mark on the left side of her
temple. The prisoner was present. Witness asked the
deceased " how she came by that mark on her temple," and
she told her that be had done it,"—meaning her husband.
Witness asked what he did it with, and she said "With the
poker." Prisoner said, " I did not do it with the poker ;
I own I struck you, but I did it with the bellows." Wit-
news said she thought the woman was dying, and ho said,
" Dying, yes, she has been dying since three o'clock this
morning, and is not dead yet.
Henry Laseelles, police officer, deposed, that he knew the
prisoner, and produced the poker he found in the prisoner's
house. It was in a room under the one in which the de-
ceased was lying.
Arthur Kempe, surgeon stated that he went to the pri-
soner's house on the 10th June. He found the deceased in
an upper room in bed. She had a small mark on the left
side of the head—a scar, as if she had received an injury.
There was also a mark on the left arm—a bruise, which
appeared to have happened in the early part of the week.
The bruise was swollen, and underneath was a small
quantitof matter. The deceased was in au exhausted
slate. y_ Witness attended bee up to the time of her death,
on the Monday evening. On going to the house on
Thursday lie asked the prisoner if he had ill-used his
wife, end 'he said he had. Witness then asked hint if be
would ill-use her in the state she was nowt to which be
answered, " Yes, he would;" and added, "if she were to
use him as she had before," with en observation that she bad
not looked after his house as she ought. Mr. Warren made
a post marten' examination in Mr. Kempe's presence. Wit-
ness was of opinion that death was caused by the injury
on the head, which might have been inflicted by a poker.
Before examination he had formed a different opinion
as to her death, believing it to be from fever. Ile had
now no doubt as to the wound on the head being the cause
of death.

Frederick Hobson Warren, surgeon, made a post modem
examination of the body of deceased, in conjunction with
Mr. Kempe. Witness entirely concurred in the evidence
giv-n by Mr. Kempe. The injury on the head would be
likely to be caused by the poker produced. (A piece of
punctured skull was hero produced, which was taken from
the bead by Mr. Warren. There was a hole through it,
which admitted the point of the poker.)
The prisoner's statement made before the magistrates
was put in, acid that closed the case for the prosecution.
Mr. King having addressed the jury in behalf of the pri-
' caner, and the Judge having summed up with great
minuteness, the jury returned a verdict of " Man-
slaughter."
The prisoner was sentenced to be transported for life.

NMI I'IILN.-.-BLIPORI ML HAWN. PLAIT AND ♦ SIFICIAL JOST.

-..---.. -- -
BALDWIN V. HANNAVORD.

Mr. Crowder and Mr. Serjeant Kinglake for the plain-
tiff; and Mr. Collier for the defendant.
The action was brought bv the plaintiff, Mr. Barry
Baldwin, • gentleman residing at Totnes, and tho defeated
tory candii.ate at the last election for that borough, against
Mr. Theodore llannaford, a printer of the same town, for
the publication of "a false and scandalous" libel, con.
tained in an electioneering squib. The libel complained of
appeared in the following passage:—" There may be some
candidates who present themselves in a very questionable
point of view, and I would guard you agaiast promising any
man who solicits your suffrages who happens to be a beggar
in principle and of no talent—a beggar in purse—a beggar
in reference to all those social and moral virtues which are
the distinguishing characteristics of a man of uund in-
tegrity and honour. What guarantee have you for a man's
public conduct if be happens to be low, vicious, and dege-
nerate in his private career ?" The passage in the hand-bill,
which the learned counsel said clearly and distinctly pointed
to Mr. Baldwin, as the party attacked, was as fellows: " If
also he happens to bee man that has hitherto been in par-
liament, and sought the title of M.P. for sinister motives,
to give colouring to a directorship, and to enable him to add
these initials to distinguish himself, and to gain a seat there,
regardless in the discharge of his immediate parliamentary
duties, for which alone he was elected, if you should find that
such a man has for a series of years represented (or rather
misrepresented) the town ; that he has (as far as you are
concerned) neither profitably attended to his public duties,
nor administered or sutscribed to your local wants • •
it must be admitted that such a person is a useless member
of parliament, a drone, a positive nuisance, and an incum-
beam to any town who is so foolish to elect hint." The
learned counsel contended that these words could apply to
no one else, for Mr. Baldwin had represented the town for
twenty-two years, in conjunction with Lord Seymour,
who, in the same handbill, was warmly eulogised.
Several witnesses were called, who swore that they be-
lieved the passages used to be meant to apply to Mr.
Baldwin.

Mr. Collier made a very humorous and ingenious speech
in mitigation of damages. He ridiculed the idea of an sic,
Lion being brought on an election squib. These produc-
tion were always the emanaticn of ardent young minds
under 20 years of age. They were written in hyperbolical
style, and invariably went for nothing in the contest.
Could Mr. Baldwin have produced one voter to show that
he had refrained from voting for him in consequence of this
squib, it would hare been very important evidence in favour
ot his cue. He then criticised the bill, dividing it into two
parts—general and specific—that which WU general did nut '
apply to Mr. Baldwin, but to the shoals of candidates that
were going about, and a flood of which they were under ap-
prehension of encountering at Totnes. That portion which
was specific did apply to Mr. Baldwin, and was not libellous.
The smallest damages would meet the justice of the case, if
the jury did think it a cue for damages.
Mr. Baron Platt summed up, strongly against the tenor of
the learned counsel's speech.
The jury retired, and after being absent a quarter of am
hour returned a verdict for plaintiff—damages, 1501. •

NORTHERN CIRCUIT.-Dumtm, JULY 28.

THE POLICE COURTS.
GUILDHALL.

William Garrity., of salesman, and Junes
Virile, butcher, were summoned fur exposing a quamity of
meat fur sole in a putrid and unwholesome sta.e.
Mr. Pocklington, the inapt ctor of the market, stated that
the meat mixed and exposed for sale by the defendant Divile
was wholly unfit for human food, being in an advanoed
state of decomposition, and fit only to be boiled down,
which he had caused to be done.

The defendant Divide said he had purchased the meat at
Bd. a stone, but when he found it was so bad be did not
intend to sell it. _ _

Kentish, the beadle of the market, said that frequent
complaints had been made of the stinking state of the meat
exposed for sale at (furrier's, end the respectable salesmen
were determined to Ilea their utmost efforts to put a stop to
it. A deputation had waited on Alderman Wilson, and he
suggested that the salesmen might themselves boil down the
meat, when bad, without its being seised ; but the evil was,
many persons took advantage of the permission. 'the
stench from the meat in Gumer's shop was intolerable, and
he sent for Mr. i'ockiington to 'mains the meat, but in
the meantime it was taken away. The meat seized, even
for boiling down, was of so bad e quality as not to be worth
3d. a stone ; some meat was worth as much as 6d. Dirile
said he did not buy the meat to boil it down.
Alderman Ilumphery—No, you intended to sell it. lie
had some doubt whether he ought not to send the ease to
the sessions, and told the defendant (Sorrier if ho was found

exposing such meat again he would he severely dealt with.
Ihe defendant Diode was then fined lOs. and 4a. costs,
or seven days' imprisonment, Alderman liumphrry adding
that the neat offence would subject him to a penalty of 201.
The fine was ultimately paid.
Captain Aaron Smith, of 8, Stafford-street, Piccadilly,
describing himself as having commanded hie own ships, hut
living at present as a private gentleman, was charged with
the following aggravated and outrageous assault upon an
omnibuadriver

George Why, driver, No. 4,014, of one of the City Atlas
omnibuses, running between London-bridge Railway Sta-
tion and St. John's Wood, said—On Monday week last, the
19th of July, 1 was driving up liolborn-hill, and Captain
Smith was driving a four-wheeled phaeton before me at a
veryt slow pace. I asked hint to go on or pull on one side,
as mad was very slippery. Ile stood up in the phaeton,
and asked me if I was speaking to him, and then giving the
reins to his friend, he commenced laying into me with the
horsewhip. I asked him why he did it, and he then drew
up his vehicle to any left, and said, " Damn your eyes, I'll
tell you what I did it fur." I called for the police, when
he repeated the same violent expression, and said, " give
you police," and he layed into me again with the horse
whip nicely. I'm a good whip myself, but from the manner
in which lie used his, I think he must be a capital coach-
man. (Laughter.) lie then drew the phaeton round into
Hartlett's-buildings, and I followed to ask fur his name and
address. He then offered to fight me, but I refused, and he
struck me, and, kicking up my hat, said, "Take that, you
damned English dog ;" and from that I thought he was a
Frenchman, but his appearance is not like one. (Laughter.)
He promised to give the policeman his name and address,
and so I droves t, and took out a summons against him.
Cross-examined by Captain Smith—l might have run
against your phaeton, but not until you stepped. I did
not call you a tailor, nor did I offer to thrash you. I did
nut attempt to strike you with my whip, for you twitched
it out of my hand when you first 'vegan horsewhipping me.
Mr. John Egan, a merchant, of 24, Abehureh-lane, raid—
I was on the outside of the omnibus, seated on the box by
the aide of the driver. I heard the driver ask the defen-
dant (Captain Smith) to go on or pull on one side. Captain
Smith pulled up suddenly, and the pole of the omnibus
touched the iron work of the phaeton behind, and merely
turned the box scat over. Captain Smith immediately stood
up and threatened to horsewhip the driver, upon which I ad-
vised, him to be careful in what he did, as he might strike
those he did not wish to touch. Ile then said " 011, you
damned scoundrel, I'll horsewhip the whole lot of you,"
there being at that time several other gentlemen on the
box besides myself. lie then pulled a little on one side,
and struck at the driver repeatedly with his whip. Ile
then pulled round to the near side of the road, and again
applied the whip about the diivcr's head and fate in a
very violent manner.
Cross-examined by Captain Smith—l am accustomed to
drive. lam sure the driver did not attempt to pass you,
and if he had there would not have been room. He did
not strike your vehicle until you drew up and then very
slightly.
Several other witnesses corroborated this testimony.
Captain Smith then said that the driver of the omnibus,
twice struck the phaeton before he (Captain Smith) stopped
or took any notice .f it, and then he certainly did threaten
to horsewhip him if he did it again. Ile heard some chaff-
iug going on among the gentlemen on the box, at his
expense. Ile further alleged, that although he had applied
the whip u the complainant stated, it could not hurt much,
• as it was only a small phaeton whip, a mere rat's tail.
Alderman Ilumphery said it was a very wanton and un-
provoked assault, and if the case were sent to the sessions,
the consequence to Captain Smith might be very serious.
However, in this instance it was his intention to fine him
40s. for the assault, and order him to be mulcted in the ex-
penses of 6a. 6d. for two summonses, Is. for the driver's loss
u( time, and 2s. for the damage to his hat, all of which
were immediately paid by Captain Smith, who said he only
regretted one of the gentlemen on the omnibus dill not
come down instead of the driver, for they encouraged him
(the driver) to commit a most shameful and cowardly attack
upon him (Captain Smith).