The Express.
London, England, 1863-01-26 00:00:00

• . •
THE EXPRESS, MONDAY EVENING, JANUAR!T 26, 1868.

Mo intdliatnct.

MITROTOLITAN COUNTY COURTS.
SiMan days appointed toe the present week.
Wuprimmunt, St Martin's-lam—Monday, Jan. It
BLOM/11111T, Tortland.rosd.—Wednapday, Jan. . Thursday,
le : Irridny, 30.
Mnansaorrs, Marylehone.road—Wedneeday, Jan. 28 Thum
flirt
MPTOII, biteheekra grove —Mooday, Jan. M.
Cizauunrst.L. Doneen.terrsee.—Monday, Jan. SS: Tuesday,

17W7rie;d7y7.28 . Friday, 30.
finossarten,Oldwireelroad.—Monday, Jan. 26 Tuesday, 37 ;
Thursday, S.
Bow. owromd —Fday, lan. 20.
Wurrienarmi, Orearit INONCON-fiNII
d , atoolrariday,
ARE, Ilwanwtreet. —lloilday, Jan. 26 ; Tosiday, 17
Thursday, 19; Friday, 30.
weans, Camberwell Few-road.—Maeda", Jan. 27.
WANDONFORTH, SOUtifidireeL—Thariday, an. 29.
CITY Or LONDON. thdldhall•huildings. Monday, Jan. 26 ;
Wednesday, 22.
Loth 11•TONII COCA?. 3nildhall—Thursday, Jan. 29 Friday,
30 , Saturday, 31.

.—Toesday,laa. 27 ; nom

EQUITY COURTS.--JAN. 44.
(Before Vice-Chaboollor Sir J. Stuart.)

TER KARL OF HARRINGTON V. THZ COUNTIES OP ELI-

EINGTON.
The Solicitor• General and Mr. Cliarle;4:la.l.l:splied in
this cam for leave to lave it ni•heard. It that c
the original hearing of the muse an order been made
for the appointment of a receiver, upon the statement in
the bill that the defendant was unable to superintend the
receipt of the rent and profits, and the management of the
real estates. That statement, It bad since bees ascertained,
was untrue. A petition was now also presented praying the
discharge of the receiver.
- - • • - • • -

Yr. Boom, Q.C., appeared for the infant Earl of Her-
rineoe ; Mr. Craig, Q. 0., sad Mr. Chapman Barber, for the
Duke of Leinster, opposed the petition.
The Vice-Chancellor thought the receiver ought, midst
the circumstances, to be discharged : but the order to that
effect should recite the fact of the original order for bin
appointment baying been made uoder a mistake. As, how-
ever, there wan an opposition to his complete discharge, that
would only be directed until further order.

COURT OF QUEEN'S BENCH.--J4w. 24.

Nittinp in Bono.--(kbicco Lord and Justico Cockburn

and..firiisa Orecapton.)
This was crown paps day.
THZ QOM r. WY. BUNTON BUD AND THZ

This was an appeal from the quarter saions. The
Imperial Gaslight and Coke Company appealed spinet a
swag rate upon their property at Fulham, on the ground
that their mania and piper in the land in qualities were only
need for lighting the pariah roads with pa, and that there-
fore they ought not to be gemmed so high as hoes property,
which derived a peat and important beeedt from se
The quarter seemona adopted that view and reduced
amount. The case came before this court to spot that
decision.
Mr. Clark and Mr. Woollett appeared for the Imperial
Gaslight Company ; Mr. Metcalfe for the Board of Works.
The Court quashed the order of sessions. They fully
agreed in the principle that property ought only to be
rated according to the benefit derived, but the suburb' of
London were so constantly. undergoing change that a hovel
to-day might be changed into a mansion tomorrow. The
principle that should guide the court should be the benefit
derived by the broad area from the sewerage, and aa soon as
that was established the exemption claimed was gone.
Order quashed.

COURT OF COMMON PLEAS.--JAN. 24.

sitting in Banco.—(Before Justices Williams, Willis, and
Bytes.)
ALLIS e. LBE[!T.—A ?LATHING DAMAGES 101 ♦ BROMI

The plaintiff in this ease was a mantle maker in the
City, and an the evesingel the 19th September last M is
company with two Meads, went in a chain cars from the
Mail Coach in Nolikietreet on a visit to the landlord of the
Marquis of Salisbury, Yrseling-street, Caledonian-coed. Oa
their return, about ten o'clock, they turned lab Bernertner
Meat, where the cart was upset and the *Min leg was
broke". The defendant was a builder enimpd is eireelieg
two house" in this street, and in the coursed Mang :or
the drains his workmen had thrown up • heap ni -earth
which extended more than half way across the reed, sad
which was not fenced or lighted. The plaintiff's ease wee
that the accident happened in consequence of the wheel
amain upon this heap, whilst the defame wee that it was
meld .by careless driving, the party who held
,the nine being the worse for drink. The truth
of this defame was denied by the plaintiffs whammies.
The trial took place before Mr. Justin Myles a few
days ego, when the jury were for some time unable to make
up their Wed; and sent a C01231111/0/0“i0li to his lordship
that there was no chance of their 'venlig. The parties,
however, would not omen to their discharp so mon
without • verdict, and a few minutes afterwards the jury
gave their decision in favour of the plaintiff, and awarded
him • farthing damages.
Mr. Slrillant Parry, for the plaintiff, now moved for a
rule for a sew trial, upon the ground that the verdict wee
spirit the weight of evidence.
Mr. Judie" Myles maid that, according to the iridium
on both aides. there was negligence on the part of the de-
fendaa:, the question being whether the plaintiff by his
ova negligence contributed to the accident. He should sot
have been dissatisfied either with a substantial verdict far
the plaintiff or a verdict for the defendeat, but according to
him °plaice this finding for • farthing could not be right in
say view.
Bela panted.

COURT OF CRIMINAL APPRAL.--JAL
(Won bon, rood
Adios &Is, Artless Earths& Mak-
born, rod !donor, sad Ma Bares Wilda)

THZ QUINN V. JOHN HAITI&

This woe ea appeal. frees• envied= Were Yr. Justice
Keating at the ml oonsabeiosi for York. He woe in-
dicted for eashim the sun it 4IW es. led.. be being •
servant esispleyed by the De ter Panamint Banat
Building mil levennest flaisty. The primmer was mone-
tary to the meality, amd the seamy cashes:led wee the
amount of • imartgap due to the sorely bon •
aimed Jobs Toyama it was aoalesdei es Obe trial
the prisoner was net the eirnat of the byte.., sad had
' sot remised the mosey by virtue of his auploymeat.
The learned Judge reserved the point whether or rot
it iras a receipt of moneys within the prisoner's simplay-
I amt. _ . .

Mr. Campbell Forster now argued that it was not a re-
of money within the prisoner's duty ma servant to the
. The directors were the proper pereoae to receive
the money. There was not one word in the rules de-
fining the secretary's duties about his receiving money.
The Lord Chief Justice mid duties might be imposed
epos • max, or he might receive the mosey in the course
of business. independent of the rules. An artful man might
so mew matters as to induce others to let him receive
the money. The course of business wee for the prisoner
to receive money for the seelety. He could Dos twelve
money appropriate it to hie own use, end then claim to m-
ane his conduct by saying he had no autherity to receive it.
The court approved the conviction.

She had since by their kinenses been enabled
to maintain herself and children in respectability and cont.
fort. She had received many letters from her husband, in
which be invariably laid the Elame of his cowardly conduct
upon Satan. In one of them, be signed himself, " Your
late unkind, but now subdued and devoted, husband."
Sir C. Cresswell stopped the reading of the correspond-
once, remarking, that he bad heard that style of letter too
often in this court.
An assistant of the respondent, named Tidman, proved
that his master used to be very intimate with a woman
called Blenkinaop, who welted in his shop. In the
summer of 1854, while Kra. Ervin was at Southend for her
health, be would be with her (Bleiskineop) for an hour
I together. in an enclosed desk there wee in the @bop. The course
of business did not require that. They were also frequently
upstairs in the sitting.room together ; and they frequently
went out after business.
_ _

-----
Mr. Stamfield, a Manchester warehouseman. and formerly
m intimate friend of the respondent, said he had been with
him to the Argyll-rooms, and such plasm. Had seen him
associate with prostitutes, sod go away with them to homes
of ill-fame. Witneet also knew that he had kept as his
mistress a Mrs. Johnson, one of whose daughters he em-
ployed in his shop. In 1850, witness went with him to
Woolwich. He had Bleoldesop with him, and witness left
them in a private room at an hotel there.
The decree was suspended to enable formal proof of the
marriage to be given.

THE ALLEGED CASE 01, POISONING Ar
SALLYMEZA.

We published in our impreeaion of Saturday •
report of the proceedings relative to the death of Bits
Amelia B. Cary, which took place in the Court-horse of
Ballymena, on Thursday. The magistrates present were
Meru Hui, R.M., Young and Dickie. Mr. (kernels, of
Ballymoney, and Mr. IrKrllop appeared on behalf of the
relatives of the deceased ; Blame, of Belfast, for the
female primer, Mary Anne ll'Atamoey, and Mr. Orr for
Dr. Ortruissay. It was stated in the report that one or
two somatic° scenes occurred ; we extract from a Belfast
journal one of thee@ scenes :
(kroner—Gentlemen of the jury, if you are prepared to
dad a verdict on the evidence before you—
A Juror—lt will be neassary that you direct us.
Conmar.Oerteinly. I will now make my charge to you.
Mr. Orr—We with to ask the medical gentlemen—
Coroner—l will ask them one question .soh—the three
&eta.* that were sworn—and no more. Dr. Kidd, can you
give any further light as to what led to this girl's death !
Dr. Kidd—lf I am asked the question.
Dr. Orr—Can you give any explanation of certain state-
meats that you deposed to here that would be a different
explanation to that the public have got!
Coroner—Don't answer that question.
Dr. Kidd—l will be happy to moaner that question.
Ocroner—l will not take an answer to a vague question.
It is not the least evidence with respect to the death of Mies
Cary. lam judge of that court, sad I will not allow this
matter that got in before.
Mr. M‘Lean—The circumstances may be different—he
being of opinion she died from inflammation of the
stomach.

Dr. Sidd—l never gave that opinion.
Coroner-0u you throw any additional light on the cause
of thi girl's death?
Mr. Orr--flui you answer my question?
Coroner—l have put the question.
Yr. Orr—You deposed to certain statements made by the
deerawd woman, from which inferences have been drawn.
Did she AM* any particular act or tact from which that
?throes coald he drawn?

(Torower7—Wililo;= (Contusion.)
Yr. Orr—Answer, if you please.
Dr. Kidd—l never aud that .he said that Dr. Courtenay
did anything, end 1 think if you refer to my notes you will
Ind that.
Mr. Cr►meie—Evidence with regard to improper intimacy!
Dr. Kidd—l certainly will say that there is no evidence
that there had been improper intercourse.
Mr. Orr—la it passible to tell two or three days after
death!
Coroner—Sir, lam judge here. Don't—

Mr. Orr—itiiswerr tie question.
Coroner—Do not bully were, sir.
Mr. Orr--I om oot going to bully.

Coroner—Bit dowu,-sir.-
Orr—Oh, dear !
Coroner—Sit down, and if you don't, I will make you.
(Great confusion.) There are other courts to take these
matters into.

-17•5;i:=oe, these threats !
Coroner—lf you don't, I will know what to do with you.
Mr. Orr—la character to be destroyed'
Coroner—tkin you throw any additional light, Dr. Rosa,
ea the owes of death'
Mr. Orr—Do you agree with Dr. Kidd'
re
Coroner—l am speaking. and lam judge he—
Mr. Orr—l hate here the best works on medial jurispru-
dence. Could there be any proof, attar such a length of
time, whether violence bad been done to the person or not
—Coo marks of external violence being seen'
Witness—l believe there could be none. There were no
marks of violence.
Yr. OR—There were no marks of violence to the poison ?
Coroner-1 said that I would not allow this. Will you

61; linen (in the din which prevailed)—l said none.
Mr. 07—Were there any, Dr. Kidd?

Dr. Kidd—None that I saw.
Coroner—Now, you answered all theme queetions before.
Will you eit down, Dr. Kidd! homy, gentlemen, that suffi-
cient evidence has been laid before you to find a verdict upon
—an open verdict. You will find that she died on the 2nd
January, and you have evidence enough to show that she
died of a highly interned state of the stomach, and that it
had gone on to gangrene and mortibcation, wbich caused
her death. We have no evidence as to the cause of the irri-
tated state of the stomach, and you have sworn here that
you will give a verdict on the evidence, and you will do so
this case, and bring in a proper verdict that will do
justice to all parties. You have no evidence except what I
have told you, and the caueeof death was the inflamed state
of the stomach.
Yr. Orr —ls that your evidence, Dr. Kidd
Dr. Kidd believed the girl died from fever. The brain
weaccogested.
Cramsie—le it possible for a party to be sane at one
time and delirious at another'

Dr. Kidd—Very common.
Mr. eisnisie—la it possible that this girl was delirious!
Dr. Kidd—l would think it extraordinary if she were not.
Parties are cites sane and immediately delirious.
Mr. ()ramie—Are they violent, and form opinions when
delirious ?
Conmer--Now, don't answer these questions. It was
slated that inflammation of the stomach was the cause of
death.
/Mr. Cramsts—And that might cause congestion of the
balm
Mr. Orr—Would disease of the brain affect the stomach
Dr. Kidd—lt would, of course.
Coroner—Oentlesnen of the jury, will you go up to your
nom
A Juror—lf we bring in an open verdict it acquits all
these parties?
Coroner—There will be an inquiry immediately.
Mr. M'Lean and the other solicitors wished to address
the jury.
Corooer—There is no necessity to do so. I would Omani
direct an acquittal.
Mr. illean— Will my client go free?
Coroner—Yea, from my custody.
Mr. Orr—And when is Dr. Courtenay to go ?
Coroner—l don't know.
Mr. Hunt—Probably I can tell. lam instructed from the
Castle to hold a court oh inquiry as moon as we caw get a vow'
diet from this jury.
Mr. Orr—at wall be the purport of the charge?
Mr. Hunt—lt will be a searching inquiry into the whale
case on both sides, and the first thing I will do will be to
order the attendance of Dr. Hodges.
Mr. Causes —Will it be today'
Mr. Hunt--Oh, not at ell. I mustdetain your client, Mr.
WLean.
Mr. M7Aan—You can have it to-day. We are all ready.
Mr. Hunt—l wish the assistance of my brother magis-
trates, and to ooesult their convenience.
Mr. Mlean—What is the convenience of brother magi-
strates compered with keeping this poor girl in custody? The
coroner says be has no charge against her.
Mr. Hut-1 will retain her in custody, sad will require
Dr. Courtseay to give the swine bail as before to appear when
celled oa.
Mr. Orr—We will do that.
Mr. Mleee—You have the power to keep this girl in
cestody..
.
Mr. H t—And '`" •

Mr. Hunt—And I will exercise it.
Mr. Crams& said that be was much shaken by the sel-
dom, of that day. He thought the ruagistratu should take
up the matter that day.
Mr. Orr said it was an utter impossibility to prove what
had been alleged ten days after death.
Mr. Crainsie—lf this man has a right to be prosecuted I
will prosecute bim - but certainly this day's testimony has
shaken anything I mayi have thought.
Mr. Orr—Tbere will be more of it at the assizes, I tell
7he proceedings thus terminated :
Mr. Hunt—This oue stands adiouroed till Thursday
next, when the magistrates will be in attendance, and the
attorneys on both sides can take notice ; and this ease,
II give notice, will be held with closed doors, so that the
public need not attend. Each party may have a shorthand
writer.
Mr. Cram/le, Mr. M'Lean, and Mr. On said they courted
every publicity, and hoped the investigation would be gist.
lie, uit had hitherto been. The public mind should be
satisfied.
Mr. Orr—So far as I am concerned, I agree that it should
be made public, because we wish facts to go to the rouble
which will disabuse the public mind. I must bow to the
decision of the magistrates, but I think they will pay due
respect to Dr. Courtensy's feelings and the feelings of the
frieods of the deceased.
Mr. Hunt said it was the opinion of the magistrates that
the inqusry shoald be private. His own opinion was that it
should be public, but be would represent the wishes of the
solicitors on all sides to the bench. The inquiry would be
held on the 29th instant at eleven o'clock.
The prirooer was marched off to briiewell, sad Dr. Cour-
tenay was admitted to bail, himself to lOW., and two mare-
ties in 801. each, to appear on receipt of three days' notice.