The Express.
London, England, 1863-06-11 00:00:00

SMITH V. SMITH.

Dr. Spinks appeared for the petitioner.
In 1848, Mr. Thomu William Smith, assistant at s
private school in Camden-town, married Harriet An
Kingsholt. He afterwards entered the Diocesan Train.
ing College at Oxford, and ultimately, in 1858, bi
was appointed with his wife as inviter and nir
tress of the endowed school at Tunberscombe,
Somersetsbire. Being anxious to improve his French
be took into his house • Monsieur Freemeaux for
the purpose of exchanging lessons. In 1858 he cheered
something which led him to suspect the existence of is
intrigue between his wife and the Frenchman. Early one
morning in July he suddenly taxed her with infWelity, sad
surprised her into a confession. He immediately got ap,
expelled the adulterer, and went to consult the Rev. J.ll.
Croft, the rector. That gentleman came and Tomei•
stated with the respondent, who appeared overcome
with grief and shame. He also recommended that both
should resign their appointments, which they did ; and the
ant MIA soot home to her mother. The petitioner
had lived with her sines. Freemeaux had left the
country, and the petitioner had therefore been allowed to
proceed without making him • co-respondent.
Decree nisi.

COURT OF BANKRUPTCY.
(Beton Mr. OommiesioDer Goalburo.)
IN RE JOHN ROBINS VIVIAN.

The banktupt was described as a dealer in mining sham,
of Old Kentroad, previously of East Stoneham., Devon, sad
of some unpronounceable plus in Glamorganahire. He cams
before the °carton accounts showing lie bilitice of 3,T34/., with
no assets whatever, not even on paper. His liabilities include
1997. on accommodation bills, and 1631. in respect of the
North Neat y Nawn Mine, for which the bankrupt had
been agent. His expenditure in the two years previous to
his coming to the court had been 3001. a year.
This was the sitting for examination. It appearing that
there was an error of 1,0001. in the casting of the accounts
on each side, and that the bankrupt had sworn to them,
His Honour directed an adjournment sine die, observing
that it was most important now that creditors got nothing
from bankrupts except accounts that throe acocaults should
be as correct as possible.
(Before Hr. Commissioner Face.)

IN RE BLOSDEAC. -A PRENCIIM AN'S VISIT TO ENGLAND.

The bankrupt had been in business as a miller and flour-
factor, at Tonnerre, in France. He had been adjudicated
bankrupt when in prison by Mr. Registrar Roche, but his
release had not been granted. The foot, of the cue,
assisted by the bankrupt., were somewhat peculiar. Rap•
pairs that he had been bankrupt iu France in November
fut. He had coins to this country, as be alleged,
for the purpose of learning the English 'sa
bot had been arrested hero by a French
gasps,
named Besot, and hail been left to pursue his
English studies in Whitecroasatreet Prison for the last five
months. Through this unlooked-for detention, be had
been unable to surrender to his lankruptey in France. Mr.
Abrahams and Mr. Brough appesred in the case.
His Honour directed an adjournment for two months, in
order that the authorities of the French Tribunal of Com-
merce might be communicated with.
Mr. S. T. Cooper, the accountant in the case, reports the
debts at about 5,000/. ; the assets, of 1,5001., have of 0011110
been taken possession of by the French authorities.

SHERIFFS' COURT, RZEP LION-SQUAILL
(More Mr. Under-Sheriff Bun:l6ll'nd a Jury.)
DOLLIN V. COLEUS:I.—EXTRAORDINARY CANE or DUAL H OF

reonisz OF MARRIAGE.
This was an action for • bramble( premiss of marriage of
very unusual character, being brought against a lady, to ree
cover compensation. The defendant had admitted her pro-
mise by allowing judgment to go by default, and the gum•
tion was the amount of compensation to be awarded. The
plaintiff laid his damages at 5(10!.
Mr. Hamm appeared (as counsel for the plaintiff. The
defendant was not represented.
It appeared from the evidence that the plaintiff.
Dollin, is a clothier and grazier at Wiabech, Ounbridge-
shire, and the defendant, Elizabeth Coleman. is a spinster,
at the same place. They agreed to be married se
April last at St. Mary's, Wisbech, where the b.inos
were published. The plaintiff made arrangements for
the wedding and took a larger house than the
one be bad occupied. On Eisturdsy, April 4, as the
marriage was to take place os the following Monday the
plaintiff called, with a friend named Dale, at the defee•
dent's house, when she said, " I shan't have you, Who'
It was treated as a joke, but she had refused to marry him.
Dale said the plaintiff was about 64 or 65. (A laugh.)
Mr. dawns—You don't mesa to say he is so old!
Witness—Yes, I do. lam 54, and he is older than 1 sou
(Laughter.)
The perish clerk of St. Mary's. Wiabeeh, proved that
the hearts were published io March last.

Hugh Charles Cuitoo, of Holbesch. was called to prove
that the defeedent wee entitled to some property under her
brother's will. The property was worth BCOI., and ahe was
entitled to a share of i 4 Be said the defendant wee 65 or 66,
and she bad been in the receipt of parochial relief. This
statement surprised the jury, sod it was stated that the cir-
cumstance was not known.

The Under-Sheriff told the jury the ease was for them to
awes the amount of damages. It had been put before them
sa one for liberal damages for the loss the plaintiff had sus-
tensed, sod there was no doubt the defendant was in a situ-
ation to pay damages. They had heard the ages of the par-
ties—one 64, and the other about 66. (Laughter.) No doubt
age could not prevent any action for damage., but it was
for the jury to say what loss had been sustained.
The jury oonadered, and one wished to know the amount
of damages to carry coats, a question which the learned
Under-Sheriff mfused to answer. The jury retired to con-
sider their verdict, and were absent some time. On their
return they amassed the damages at one farthing.

CENTRAL CRIMINAL COURT.

(THIS DAY.)

OLD COURT.
(Before Baron Bramwell and the Recorder.)
At the sitting of the court Mr. Palmer moved in arrest of
judgment in the cue of Simeon Howell and Her, Bentley,
who were convicted on Monday upon a charge of unlaw-
fully inciting a young girl to become • prostitute, and he
argued that this was not en offence of which the law could
take cognisance, and that, consequently, the conviction
was bad.

--ilie4;eurt, however, without hearing Kr. Sleigh for the
prosecution, decided against the objection.
ellbet( Henchman, 26, German, eescribed u a merchant,
was dluted, under the Bankruptcy Act, with unlawfully
obtaining goods within three months of his bankruptcy,
with intent to defraud his creditors, and also with disposing
of propezty shortly before his bankruptcy with the like in-
tent.

Serjeant Ballantine was specially retained with Mr. Reed
end Mr. Poland to conduct the prosecution ; Serjesnt
Parry wu also specially retained with Mr. Sleigh for the
defence.

The facts of this case appeared very recently. The de-
fendant commenced business in August, 1861, am a mer-
chant in Moorgateetreet, and was a bankrupt in April,
1862, him debts at that time being 16,0001., with no assets
whatever, and it was alleged on the part of the prosecution
that the whole of his trading was a fraud, and that the only
object of the defendant was to defraud of their property
the persons from whom the goods were obtained.
(The trial was proceeding when we went to press, and WU
likely to occupy the court • long time.]

THE POLICE COURTS.
(THIS DAY.)

BOW43TREET.

I.6OBIICOTION OF TES BROTREL-EIZPIAS II WiCH-8111XIS.
During the put few days ooesiderable excitement baa
been aocasiooed in the neighbourhood of Wyeh-street, by
the compulsory closing of the brothels which have for many
”ars 'disgraced the parish. Applications for warraote
having been made by Mr. Iseamon, the vestry clerk, they
were granted by Mr. Ooerie, and placed in the hands of Mr.
Inspector Mackenzie, under whole direction the houses have
beat literally cleared of their inmates, and shut up. One
et the most notorious of the offenders, however evaded ap-
prehension until yesterday, and she was now Placed at the
by with her son.

The Baines of the defendanta are Eliza Perryman sad
George Perryman, and it was proved that the female pri-
soner had occupied three of the houses in Wych-street for
the purposes of 'prostitution. She had let two of the
bounce to two of her sons, who paid her 21. 10a. per week.
One of therms wee a young man in the last ,Sage of con-
sumption apparently, and he has been committed
for trial; the other escaped with his mother
into the country and for several days succeeded
in evading the researches of the police- It appeared
that the inspector obtained some trace of the mining de-
linquents, and proceeded into Bedfordshire yesterday, is
the company of another officer. After riding about the vil-
lages for five or six hours, they discovered Mrs. P/14171:11111
and her eon, riding in a dogcart neer Barton. The latter
were not a little startled at the sudden appearance of the
police in such a remote spot ; but they at once surrendered,
end returned with the inspector by the next train to
London.

The ma yea admitted to ban, but larger "Mt", Wolf
required for his mother, elle was committed to prima in
default.

Ths other defeedants who Maud committed for trial ere
Hannah White, William Perryman, P. PoWeal and wife,
Caroline Edwards, Mary Ann Bartlett, and Mary
Chambers. A deputation of the inhabitants of St. Clement 's
had pointed oat the urgent necessity of petting an end to
the nuisance, which had latterly bosoms revolting to any
decent person passing along the street.

If ARYLEBONE.
SHOCKING WOAD= OF • CHILD, AND •112111011 D SUMO&
Mary Anne Payne, at, residing at Na 6, Alkoop
place, Marylebome, was c4rged before Mr. Mansfield
the murder of her child, Charles Albert Payne, aged two
years and three months. She was &leo further charged on
her own confeesion with attempting to commit suicide, first
by taking poison, and afterwards by throwing hermit out of
a second-floor window.

Prisoner was allowed to be seated during the inquiry.
Maria Spencer said—l am • married woman, sod live in
the same house as the prisoner. About 8 last night I beard
• crash, and on going out I am the prisoner lying in the yard.
I screamed for her busload, who went for a doctor. I knew
she had a child between two and three years living with
her. Between 5 and 6 o'clock the child was in my yard,
playing with my children, when the mother came and took
it up to tea, and I maw DO more of it.
Mary Ann* Paine, sister-in-law to prisoner,said—About •
quarter after eight I went with my brother into the bedroom
for • blanket, and on going to the bed I thought the child
was asleep. I took it into my arms, when its bead fell back
and blood came from its throat. I don't remember anything
more. (Witnees bent into team, and prisoner sat tom-
posedlii.lliolking at her).
Mr. wick, surveil, of 12, Perk-phase, deposed—l was
called to o. 6, Allsopp-plece, and saw prisoner on • sofa
in the front parlour in • complete date of collapse, result-
ing from her fall from the window. I examined her to see
what injury she bad received, and totted marks on her
elbows and legs. She remained insensible for seven or eight
minutes after my arrival, and I had her cheat sad
body robbed over, and told her sister to go and get some
blankets to cover her with, as she was in her night
dress, and directly after I heard a piercing scream.
I attended on prisoner till the return of conacionspem,
when she spoke very incoherently, and could give
no further account of her injuries except that she bad slipped
off the door-step. As aeon as she was sufficiently recovered
to be left I went upstairs to the world floor back room,
and found the bed-clothes thrown down to the foot of
the bed, and the body of the child lying on the near
side of the bed with its throat completely cut across
and down the spine, and in the middle of the bed
• quantity of clotted blood. The child had evidently
been moved from its position. I directed a constable to be
seat for, and on hie arrival we searched the room, and found
• large table knife with blood on it, end which had ap-
parently bees wiped. Afterwards a piece of paper
was found with blood on it. We then went to the
open window, and found blood marks, and a small
flower-pot was knocked over. There was also some
blood is the backyard. After this I again attended the
woman, and after succeeding in restoring warmth, I went
home and returned with • reviving draught. She
was afterwards sufficiently recovered to inform me
of the circumstances of the men. I was informed
that she had taken • large quantity of laudanum.
The absence of symptoms of poisoning in her was
accounted for because she had been excessively sick is her
bedroom, where she had vomited the contents of be
stomach, consisting of a hearty dinner, into • wasbhand
basin, acid which evidently contained laudanum. She said
to me, to nee her own words, " I have been for some
time low spirited, sod was very low spirited during
nearly the whole time I was in the family way with
my first child. I can't account for my being
to low spirits. I went out after dinner with my child, sod
went to Mr. Williams, chemist, Upper Baker-street, and
bought two pennyworth of laudanum for the toothache. I
thee called in at Mr. Green's, chemist, New-street, Dor-
set-square, and bought another two pennyworth. After
that I went to Mr. Hows, chemist in the same street, sad he
only let me have oleo pennyworth. I then bought some
Ca, and went home and undressed, sad went to bed."
d no recollection of throwing herself out of window.
Tasked her if she was in the family way, and she said she
wee three odour mooths gone. She had also attempkd to
eat her own throat with the knife, as there was a slight
mirk upon it.
Albert Hammett, 270 I), gave evidence which went to
corroborate the medical gentleman. He produced the knife
and • piece of paper with blood. Great force must have
beds need with the knife as it was very blunt.
Prisoner, who sat unconcerned all the time in the dock,
declined to put as) questions to witness, and wee remanded
in order that the depositions might be taken.

WORSHIP STREET.
♦ DESPEWI SUITIAN.

Thomas Corder, a man about 30 years of age, and with
• well-knit frame, was charged with malting and threaten-
ing hi relations.
Martha Hammond rid :—Lost night I wu returning
Komi with my husband and brother through Homertoe High-
street, when we met the prisoner, who is also mzrzins
brother. He boa for some time past used violent i
toward. us, and I asked him why he did so. He imam-
distal, kicked me violently about the ankles, and swore
that he would have all our lives. He struck my brother
George on the hand with • thick stick, drew • clamp-knife
from has pocket, opened it, and tried to stab him, at the
earns time threatening to drive it through his heart.
William Hammond, husband of this complainant, sod the
brother George mentioaed confirmed her evidence, adding
that but for their united effort. to get the prisoner ria the
ground, where they succeeded in wresting the wasp=
from him, ha would assuredly have carried his purpose into
execution, as his character for determination wag well
known 4:them.

Eason, 342 N—l heard an alum in the High-street at

the time in questioc, and found prisoner being held down
in the road by the witnesses. They gave him tato custedVr
and handed me this knife open WI now (aLrge bock-horn
handle clasp, with a blade az inches in length). He was
allowed to get up, but had no sooner done so than he as-
saulted me unmercifully, kicking me at any part he could
reach. In my presence he vowed to have the byes of his
brothers and sister ; he appears to be • dreadful cha-
racter.

--
In reply to a question from the magistrate, it was stated
that formerly the fellow had been a drover, but lately had
returned from sea in the Orlando frigate, and was a marine ;
also that his bitter feelings against his relatives arose from
his belief that a watch had been left to bun by his father
when dying, which article his sister kept.
prisoner—That's it, and I'll have the lives of all of them
if it is ten years yet to come. I'd kill them now if I could
get at them; se for you (the brother George) I should hke
to cut your bead off and put it on a plate. I don't deny
the charge, and all I have to say now is that I'll murder
them when I can—indeed, Wendt has told me that he was
weaving a rope for me. Oh yes, I'll go to the gallows
willingly.
Robert Corder, another brother, said hebelieved the watch
had been left to the prisoner, and the magistrate observed
that however it might be the family most be protected.
Prisoner wan then ordered to be imprisoned for two
mouths for the assaults on hie relatives, six weeks for as-
saulting the cunatable, and to find two niceties to keep the
pesos for twelve months afterward,.

WANDSWORTIL
WANDSWORTH FAIL
Mr. Butt, the superintendent of the V division, attended
before Mr. Ingham, in support of an information sgainst
Mr. R. Palmer, the owner of • piece of ground at the
Water-side, Wandsworth, to show hie right and title to
the holding of • public fair thereon.
Proof having been given of fairs held in the field on
/several occasions the defendant doubted whether he had
not a right to bold a fair in Wandsworth. It will be re-
membered that Wandsworth fair, like Greenwich fair,
was annually held at Whitsuntide for many years without
interference of the police, until a few years ago, whim steps
were taken to abolish them and all other kindred
fairs. Sim the order of the magistrates for the dis-
continuance of the fair in • field generally known se the Pair-
field,near the Wandsworth railway-station, similar fairs on a
small scale have bees held at different times in various parts
of the parish ; and, although the police have taken pro-
osedinp at this court to abolish them, yet they are held
notwithstanding. According to the present law • person
can hold a fair on the same piece of ground twice or thrice
before it can be said that the fair is " usually holden," and
the consequence is that, as soon as one place is closed by
the declaration of the magistrates, another is opened.
The defendant said Wandsworth fair was mentioned in a
work as far back as the year 1779. He argued that these
little fain were not so much harm as hone racing. in
which Lord Palmerston sod other members of the legisla-
ture took part. He said fairs ruined no one. His worship
would recollect an expression in his boyish days, he believed
by Dr. Abernethy, that a *my Andrew going into • town
was more conducive to health than • waggon load of physic.
(Laughter.) The legislature was putting down little fairs,
but not horse maim. At fain all were merry, but at ranee
one skle was all miles and the other all glumps. (Increased
laughter.)
Mr. Ingham said that when the case was judicially before
him, he would decide it, but be had only to act by what the
legislature enacted. He then declared this fair unlawful,
and signed • declaration mordingly.
The defendant supposed that order would apply to 1864.
He hoped he might be allowed to have another little fair
this year.
Mr. Ingham (laughing) told the defendant that he must
do /so at his peril.

SHARE LISTI3.-THIS DAY.)

Two o'CLoca.

The operations in the railway market continue
upon a restricted scale and the general tone is
rather dull. Lancashire and Yorkhire and Great
Western stocks have declined per oent., and
London and North Western and Midland 1, while
Caledonian and South Eastern have improved
1. Great Eastern, Great Northern, and
Landon and South Western are steady.
London and North Western stock is now quoted
1012 to 1021 ; Great Western, 681 to 1 ; Mid-
land, 128 to ; Lancashire and Yorshire,
1101 to 111 ; South Eastern, 92 to 1 ; Great
Eastern, 521 to ; Caledonian, 117 to ;
London and South Western, 1041 to 1051 ; and
Great Northern, 128 to 129.
. .

Foreign and colonial rail way securities ara
inactive. Great Indian Peninsula stock and Great
Western of Canada shares are rather dull.