The Express.
London, England, 1862-12-09 00:00:00

COURT OF EXCHEQUER.—Dec. 8.

Sittings at Nisi Prim; after Term at Guildhall.—(Before
Lord Chief Baron Pollock and a Special Jury.)

This was the first day of the sittings in the City. The
cause list contains 90 cases, 9 at which only are remanets.

HOOK P. LONDON DOCK COMPANY.

The isms in this cue was whether a certain quantity of
opium belonged to the plaintiff or the defendants.
Mr. Digby Seymour, Q.C., and Mr. Dowdeswell were
counsel for the plaintiff ; and Mr. Ciffard and Mr. Murphy
for the company.

From the opening statement of Mr. Seymour it appeared
that the plaintiff, Mr. George Boor, was a wholesale and
retail chemist, carrying on businees in Bishopuate•street
Without, and had been in the habit for i.ever years of
purchasing opium from a person named Dudley, who bad
since died. On the 17th of July, 1861., he made up a
case of opium weighing about 1 cwt., part of which
be had got from Dudley, and some from a man named
Crane, and sent it for sale to Mr. Lind*, a broker,
limiting the lowest price at 17s. per lb. On the 19th he
was surprised to receive a visit from Whicher and Robinson.
two City detectives, who asked him to give an account of
how the opium came into his possession. He declined to
answer any of their questions, considering their visit to his
shop a piece of impertinence, but he went with them to
the Dock Company and gave explanations. The company
afterwards gave a notice to Linde not to part with the goods,
and the plaintiff therefore brought an action against him
to recover them back, but under a judge's order the company
were substituted as defendants. At the end of 1860, • person
named Somers was indicted at the Old Bailey by the com-
pany for stealing some opium from the docks, but acquitted,
and a portion of the opium produced on that occasion
and not identified as the proceeds of the robbery was past
of the coutenta of the case sent by the plaintiff to Mr. Limbo.
The plaintiff produced the invoices of the opium, which
he bad purchased from Dudley, and said that the daybook
In which the transactions were entered had been burnt at a
fire which took place at his premises. He paid for the opium
prices varying from 14e. 6d. to 17a 6d. per lb.
Mr. Giffard addressed the jury on the part of the Dock
Company, who, he said, would have neglected their duty if
they bad not brought this case before a special jury of the
City of London. He said that 101 cheats of opium bad been
brought to the docks by the ship Breda, and that all
these were accounted for except six chests, which had been
stolen. He should be able to show that the opium in
question was part of the stolen property, and if he did so
the defendants would be entitled to a verdict, although the
plaintiff might not have known that it was stolen.
Mr. Joseph Horner, a wholesale chemist, who had pur-
chased a large number of the chests, expressed • strong
opinion that the opium in question was precisely the mune
in size and quality. He paid Va. per pound for it, sod the
retail price would be about 241. Gd. and 23e. He never
heard of opium being sold by samples. It was never sold
otherwise than by showing it in • public wharf or dock.
Opium was • very valuable commodity, and no samples
were allowed to be taken out of the eases except for very
special purposes.
The Lord Chief Baron—l suppose giving samples of
opium would be like giving samples of diamonds I
Witness—Yes ; nearly the same thing.
Cross-examined—l have no knowledge of sample dealers.
I have no morel doubt that the opium produced is from
the cargo of the Breda.
By the Judge—The mark " B" with a diamond, and the
letter " L" on the case brought into court, is intended to
mean the original import mark. I never knew such a thing
as • tradesman in the City buying small parcels of opium,
and making them up into one chest and putting • mark
of that kind upon it.
The Foreman—We have, my lord, a very strong opinioa
against the plaintiff.
The Lord Chief Baron—l should think that would be
your opinion at present.
Mr. George Brooke, • broker, who said he sold 99 cases
out of every 100 of opium brought into the London market,
said the opium in question corresponded exactly with the
cargo of the Breda, 81 cases of which he bad himself sold
for • sum of 13,0001. He had no doubt it was part of the
`17.: Seymour—l am afraid, my lord, I must yield to
the opinion of the jury, and not press the case further.
The Lord Chief Baron—l think you have done the best
you can for your client.
Verdict for the defendants.

ASSIZE INTELLIGENCE.

OXFORD CIRCIIIT.—SEREvrearRY, DEC. 8.

WESTERN CIRCIIIT.—WiNcHr.sres, Dzc. 8.

Mr. Justice Byles arrived here and opened the commission
oe Saturday evening. The trials commenced this morning.

The COWL69BIOO of the Winter Assizes for the county of
Salop was opened on Saturday, before Mr. Justice Mellor,
nod the trial of the prisonen was proceeded with to-day.

11URDZIL.

Elizabta Doughty, A 5, wu indicted for lolling and
murdering one Clement Dunbar, on the 13th August last,
in the %till of Drayton•in-Rales.
Mr. hey and Mr. Warren appeared for the prosecu-
tion, and is lordrhip, at the prisoner's request, essigntd
oonnsel for the defence. . . . .

From the evidence it appeared that the prisoner is a
married woman, but her bliaband has bees abroad for some
time. She Lad been an inmate of the Market Drayton
Union. having gone there about midsummer. On the 28th
July she was delivered of a full-grown male child, and it
was baptised in the union by the name of Clement. On
the 13th August she discharged herself, taking the child
with her. A nurse, named Mrs. Stubbs. dismal the child
on the morning before the prisoner left the union with
clothes clean from the laundry, and the prisoner observed,
when she was going away, " Mrs. Stubb,,, it
would not take much to kill • little buffer
like that." She then went away. About one o'clock
a man named Evans met her in the road be-
tween Sutton and Stoke, and she was then carrying
large bundle in • red- coloured shawl. He went over
gate into a field for some purpose, and after he had been
there for some time be saw the prisoner come back to the
gate. She looked up and down the road and then over
the gate, as if watching whether any one was looking.
She then began to beat the bundle on the top of the
gate. She went on to another gate and repeated the beat-
ing again. From thence she crossed • field by • foot road,
and on coming to the top of a stile she struck the bundle on
the stile several severe blows. In the meantime a man named
Immanuel Austin came up to Evans and be went to watch
the prisoner at the request of Evans. When he e•me up
with the prisoner at the stile he add to her, " Mrs.. I sup-
pose you have softened that nowt" She said, " Softssed
what?' He said, " That that you hays en the bundle."
Evans was, during the time, minding a team which Austin

was driving,_ Austin went back to his team and the woman and very 'borax after rapidly retreat, he ran across, and he 1
went on. en Austin again took charge of his team Evans then found they bad suomecled in passing the bad half-crown.
went to the house of • man named Blandford, who ,He ran after them, and on coming up with • police-constable
police-constable.had formerly limo • police-constable. B landford was not he gave both men into custody.
at home, but his son went in company with Evans in Both prisoners denied all knowledge of the coin being bad.
punch of the prisoner. They overtook her on the Drar Mr. Cowie committed both prisoners for trial.
ton-road, and asked her what she had in the handle, but she Edward Hope, a cabman, win charged with causing the
refused to tell. The Rev. Mr. Cheer had also joined Sham death of • child named Harriett Freeman.
by this time. She would not let them see what was in tins Edward Freeman, also a cabman, deposed—l was driving
bundle, and Mr. Cheer insisted on searching it. He held my cab, • four wheel, in Parliament-street, at oae o'clock
the woman's hands while the boy Blandford opened the this afternoon, when the prisoner, who was driving a hansom
bundle. A child was found in it. It was dead, but not at a rapid rate and upon his wrong side, came into collision
cold. They kept her there for • short time, and then gave with my cab. My wife and child, who were sitting beside
her in charge to a policeman. me on the box of the cab, were thrown off, and the pri-
The jury, after a short deliberation, returned a verdict of boner's cab catching the wheel of mine, threw the cab over
Quill y, on top of them. My child was killed, and my wife so injured
His lordship passed sentence of death in the usual form. that she was removed to the hospital, where she now is.
She is not able to attend here.
Policeman New, 72 A, proved that the prisoner was drank.
He was remanded.

MARLI3OROUGH.ST'REET.
William Phillips, a shoemaker, who pre a false address,
and Edward Pearce, a labourer, who refused his address,
were charged with breaking and entering the house of Mr.
Joseph Johnston, hosier, of 323, Oxford-street, and stealing
some atookinga.
From the evidence of Sergeant Mallard, 28 C, it appeared
that at about twenty minutes pest six th►t morning, while
passing up Regent-circus in company with Stevens, 27 C, he
heard a mash of glass. and saw the prisoner Pearce run
from the door of Mr. Johnston's, 323, Oxford-street. He
(Mallard) Immediately pursued Pearce, Waxing that there
was something wrong, and after a pursuit through severe!
streets Pearce was stopped. Stevens, who had gone up to
the house from which Pearce was seen to run, found Phil-
lips hanging by the arm from the frame of the fanlight, the
glass of which had been smashed. On the premises being
examined it was found that entrance had been attempted to
be pined by mesas of breaking a pane of glass in the fan-
light, to get at the fastening, and that a parcel of stockings
had been removed from the place where they had been
deposited.
Prisoners were remanded.
George Garret, a shabby-looking fellow, was charged be-
fore Mr. Tyrwhitt with attempting to steal a gold watch
from the person of Mr. Arthur Fitch, clerk, residing at 13,
Ampton-street, Gray's-inn-road.
Mr. Fitch said he was walking up Regent-streetlast night
at half•past nine, when the prisoner came up to him and
made a snatch at his watch chain, and pulled his watch
out of his pocket. The prisoner then seized hold of the
watch and tried to pull it from the chain, but the chain not
breaking he let go the watch, and then made off, but he
pursued him, and handed him over to a constable.
In answer to Mr. Tyrwhitt, the prosecutor said the
watch was of the value of 201.
A oonstablesaid that on searching the prisoner he found
on him 14 duplicates relating to tools.
Prisoner said he had no answer to make to the charge,
and he was committed for trial.
SOUTHWARK.

Mr. Zd ward Wood, dust contractor for the parish of
Bermondsey, surrendered to his recognisances for final
examination, charged with receiving the sum of 80/. in gold,
the property of Mary Steddolph, wholesale confectioner,
Bermodsey New-road, well knowing it to be stolen. The
prisoner ham undergone several examinations, and it was
doubted whether any charge could be sustained against him,
but on the matter at issue being argued before Mr.Burchara,
on Thursday last, his worship consented to send the came to
a jury, and yesterday was appointed for the whole of the
evidence to be taken preparatory to the prisoner's com-
mittal for trial.
Mr. Burnham now fully committed the prisoner for trial
at the Central Criminal Court gallons, agreeing to accept
good bail for his appearance.
THAMES. - - - • •.

Robert Allen, foreman of • gang of labourers in the
London-dock, was brought before Mr. Woolrych charged
with stealing 11 0110)11/ of tea, the property of the London-
ock
d Compsay.
John George, • constable in the servioe of the London-
dock Company, stated that on Saturday afternoon, soon
after four o'clock, he stopped the prisoner as he was leaving
the dock at the western gate and asked him if he had any
tea about him, to which he replied that he had none. He
told the prisoner he must search him. The prisoner, who
was greatly agitated, immediately said, "1 am• ruined man."
He then searched the prisoner, and found in his coat pocket
3 ounces, and in each of his boots 4 ounces of tee, making
in all 11 ounces. He asked the prisoner where he obtained
the tea, and be said it was given to him. The prisoner bad
been in the employ of the company 15 years, and was head
man in one of the warehouses. That was a situation of
trust and responsibility, and the prisoner was allowed to
pas* in and out of the dock without being searched, and
would not have been searched at all if information had not
been received of a robbery.
Joseph Haddocks, • labourer, stated that he saw the pri-
soner put his hand into a chest of tea on Saturday after-
noon and take out a handful, with which he left the ware-
house.
The prisoner, in defence, said that some of the tea was
given to him.
Mr. Woolrvcb said it was very unfortunate for the pri-
soner that in a single moment he bad destroyed the good
character without which he could not obtain employment
again. The prisoner was engaged in responsible duties, and
his conduct could not be overlooked. He fined the prisoner
155., and in default of payment six days imprisonment for
the unlawful possession of the tea found upon him.

SHIPWRECK AND LOSS OF TWENTY-FOUR

LIVBS.

Two men, survivors of a most disastrous ship-
wreck, have been landed at Queenstown, and received into
the Cork Sailors' Home. On Sunday last the Eliza, a barque
of 760 tons, Captain Smith, left Liverpool for Monte Video,
laden with machinery and coals. Her crew, inclusive of the
officen. consisted of 26 men. After passing Holyhead the
breeze freshened, ani it began to blow strong from the
south-east. About two o'clock next morning the wind
grew so strong that sail was shortened, and at nine
o'clock in the forenoon the three top-gallant made
were carried away. With the loss of these spars one man
wax canted overboard, another had his leg broken, and the
third, one of the two landed at Queemtown, a man
named Montgomery, bad his arm dislocated at the shoulder.
In an hour after the ship sprang a leak, and before long she
bad seven feet of water in the hold. The ship was then
about midcbanneL All hands were employed at the pumps,
but the leak cautioned to gain at the rate of an inch-and-s.
half every two homy. The mate, an American named
Burns, urged the captain to bear up forQueenstown, but the
captain refused. Fur twenty-four hours they continued in
this position, when the captain at last consented, and the
vessel's course was changed for this port. The wind,
however, continued in full force, and the ship laboured
heavily. All at once her three top-masts went by the
board, and shortly after the sea began to make breach
over her. One sea swept her fore and aft, carrying away
with resistless force two bats, and no less than twelve
men, not one of whom was ever seen again. At three
o'clock she was completely awash and sinking. The two
seamen who have been saved, William Lyons, a native of
Liverpool. and John Montgomery, a native of Scotland, got
into the lifeboat and cut away the tackle. The bat was
driven clear off the ship, and she Lad scarcely parted with it
when the vessel went down bodily, with every soul on
board, these two men alone escaping. A small schooner,
named the Aapia, whose captain was also an American
named Smith, and like the lost vessel was bound from
Liverpool to Moats Video, hove in sight to windward, and
picked up the two men. They were received on board
and treated with the greatest humanity. The schooner
getting leaky, she bad to bear up for Queenstown to get
pumps repaired. At the Cork Sailers' Home they have
been received with that kindness the institution in intended
to show those in their unfortunate position, and every at-
tentiou has been paid to them by the boa. secretary, Cap-
tain Stuart, R.N., to whom, we may add, it is owing that
there exists such an establishment. The seafaring inmates
of the Home generously mitered into a subecriptiou for the
shipwrecked men, sod provided them with • sum of money
and clothes. The survivors were the only two British sub-
ject in the entire crew. All the rest were American, and all
strangers to each other, as they had only been shipped four
days before leaving LiverpooL —Cork Eraminer.

THE CHE,TERPIELD MURDER.—Yesterday morn-
kg the two prisoners, Thomas Flammery and John Ball,
were brought up before the Mayor sad a full beach of '
magistrates at Chesterfield, charged with wilfully mur-
dering George Cooper on Monday night last. Contrary to
expectation the young woman was again unable to attend,
having been seized with epileptic tits in conjunction with
hysteria, and the surgeon stated that it was utterly impos-
sible for her to give evidence, she being speechless. This
being so, the magistrates again remanded the prisoners, not-
withntandisg the objections urged by Mr. A. Knowles,
solicitor for thedefeoce. It is stated that threats have been
used against the young woman Holt, and bribery also
attempted, to prevent her giving evidence against the pri-
soneis. Funds for the defence of both men have bees
worded by the Hibernian Society which has been esta-
blished in the town. Both prisoners pleaded their inno-
cence, and it is feared the evidence will be legally weak,
although there is no moral doubt in the cue.
THE LATE MURDER AT BIRMINGHAM. —The
inquest on the body of Alice Insley, a young woman, 17
years of age, who was shot by her sweetheart, Henry
Carter, on Thursday evening last, took place before Dr.
J. B. Davies, the borough coroner, yesterday. Evidence was
given showing that on the afternoon in question he pur-
chased a deublnbarreled pistol, and powder, and bullets, and
was in company with deceased from about seven to the time
of her death. The grandmother of the deceased saw her in
company with Carter a few seconds helots the report of the
pistol. At the station the prisoner said he shot the girl. The
Jury, after a few minutes' consultation, returned a verdict of
" Wilful murder" against Carter.
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