The Express.
London, England, 1862-11-06 00:00:00

THE EXPRESS, THURSDAY EVENING, NOVEMBER 6, 1862.

settled by persons of consideration, military and
naval officers, and others, who received free grants
in proportion to their capital, and many of whose
descendants now possess princely estates and in-
comes. The legialature, on the principle that it is
better for the community to give land to those who
will render it profitable than to let it lie waste,
have wisely recurred to the free grant system in the
unsettled lands district Any man may here select
laud, between 50 and 640 acres in extent, and will
receive a free grant of one acre for every pound
sterling that he may possess (in money, farming
implements, sawing machinery, or stock), on the
following conditions, namely :—that he reside on
it for five years, and that within that time he shall
have cleared, fenced, and cultivated five acres
out of every fifty selected, or have erected build-
ings or machinery of 250/. value for every fif.y.
acres. The governor may give more time, or
grant a part of the land where the conditions have
been partially fulfilled. Gratuitous leases in this
district for not exceeding 10,000 acres will be
granted for ten years, on condition that the land
be kept stocked with 100 sheep, or 20 head of cattle,
for every 1,000 acres. Any portion .of such leased
lot, not exceeding 640 acres (which may contain
a farmstead or other improvements), may be pur-
chased at the rate of ten shillings per acre—pay-
able by eight annual instalments, as in the settled
district. The population of Tasmania, by the
census of 1861, was just ninety thousand ; the
annual taxation is about 287,0001., or a little over
three pounds a bead ; and the public debt is about
400,00 W. The males numbered 49,583 ; the females,
40,384. The females preponderated at ages from
one to two years, five to ten years, fifteen to twenty
years, and twenty to thirty years. The males were
in excess at all ages above forty. The married
males and females were nearly equaL The single
wales, 33,700; the females, 24,760. This last pro-
portion promises very little at present for female
emigration. The total population has increased one-
ninth during the last four years, and deducting
children below eight years old, there is only one-
eighteenth part of the whole who cannot read and
write.

to speak with me on the road. We both left together, and
on the road he asked me if I knew where Bur-
nett had gone to—he bad been gone about •
fortnight. I told him I did not know when be had gone to;
I supposed he bad gone lack to London. He asked me if I
could find him, and I said I dare say I could. He mid be
wanted me to take something to London for him, and he
would see me to-morrow afternoon about it. The next
afternoon I met him coming out of the mill-yard at shout
four o'clock. He told me not to take any notice then ' • but
that he would come up to the shop. About half an hour after
he nine up to the shop, and my father was there, and for
an excuse be said, " I want to borrow a saw." I lent him
the saw, and he came back about half an hour afterwards.
He then asked me if I was sure I could find Burnett. I
told him I knew Acre his brother lived, and most
likely I should be able to find him. He then asked me
whim it would be most convenient for me to go to Lon-
don, and I told him I did not know, my father would
wonder where I got the money from to go with. I
then told him I thought of going to Portsmouth to
my brother. He said it world be the beet way for we to
come up again at Christmas. I went to Portsmouth and
stayed there until a fortnight after Christmas, when I went
to Laverstoke, and met Brewer as he was coming out of the
mill yard, at 4 o'clock. He told me not to take Loy notice
of him then, but to meet him at 11 o'clock, at the Red
House, Whitthurch. I went into the tap-room, and when I
saw him pass me I followed him, and waked with him to
Laverstoke, which is about two miles. On the road he
told me he wanted me to take two parcels to London, one
to Burnett and one to some one else. It would be a woman,
and I should meet her at Waterloo station. He told me she
would be dressed in black, with a black bat, and all I should
have to do would be to deed on the platform until she
came up to me. He then asked me when I was going to
London, and I told him I thought about going the
next day. He said I had better not go the next
day—l had better go the day after, so that he might write
to the woman and tell her to meet me. He said
be would walk on fast before me in order that no one might
see us come home together, and be walked on and I fol-
lowed him. When I got to Brewer's house he was waiting
for me at the door. He gave me two parcels, and said one
was for Burnett and one was for the woman be wished me
to meet. One was done up in brown paper, and the other
in • newspaper. He told me to give the one in newspaper
I to the woman, and the other to Burnett, and if I did not
find Burnett to bring the parcel back to him. I asked him
if there would be any mamma to bring hack. He said thst
would be all right. I took the parcels home, and when I
got there my father and mother had gone to ged. I opened
both parcels and counted what was in each. There were
100 sheets of plain in the one I was to give the woman,
and in the other were 110 sheets of 5/. note paper,
and 76 for 101. I went to London the day but one
after, se I bad arranged with Brewer. I went by the
parliamentary train, and on my arrival, after waiting on the
platform for about ten minutes, a woman, dressed in black,
came to me and asked me if I had brought • parcel from Ile
Brewer. I gave her the parcel, and she left me and went
towards Waterloo-bridge in a cab. The next morning I
went to Stratford and saw Burnett's mother, and from what
she told me I found Burnett's residence in London. I went
to his bowie and saw his wife. He was at the theatre, and
his wife and I went to meet him. We saw him, and she
said to him, " Harry's brought you some more paper."
Burnett asked me where I got it, and I told him Brewer
bad sent it. We went home to Burnett's house, where I
stopped, and the next day be went out, taking some of the
paper with him. When he came back he gave me :V., and
told me to give Brewer 21. and keep If. for myself. He
told me to ask Brewer for some more 50/. paper, and he
should then be able to get him plenty of money. The next I
day I went to Portsmouth, and while 1 was.there Burnett
came to me several times. He wanted me to go
to Laveretoke, and I told him I could not leave
my work. On one occasion Mrs. Burnett came with
him. He wrote to me, but I destroyed the letters.
The third time he came I told him I would go and see
Brewer as soon as I could. He left for London, and he
wrote to me telling me he wan going to move. I burnt the
letter by his desire. He gave me his address. About a
fortnight after Euter, 1862, I went to Loudon. I went to
Burnett's house, and he asked me if I had seen Brewer. I
told him I had not. I was out of work, and bad come up
to get work. I stayed at his house, and about a week after
I bad been in town be asked me to go and see Brewer, and
see if I could get any more paper, and 1 was to make out I
was going to see my friends. I went to Laverstoke, and he
gave me 41. to go with. When I got to Laverstoke I met
Brewer as he was coming out of the mill yard, at 4 o'clock
in the afternoon. I told him that Burnett had sent me after
sonic more paper; and he said, " Don't take any notice
now; go down the lane, and I will come to you.' I saw
him in the lane, and he said he wanted me to take some
more paper to London, and that he wanted me to take •
key, in order to have another made like it. He asked me
when I was going back, and I told him I was going to Poi ts-
mouth first, and was going back to Loudon on the Tueaday.
He told me to go to him to-morrow night, and he would
give me the parcel he wanted me to take to that woman I
took the other to. I went to his '.souse the next night and
be gave me two parcels, and told me to give one to Burnett
and one to that woman. He gave me the key to take to
Burnett to have another one made. I did not examine the
parmis. Brewer said they contained paper. I went to
Portsmouth taking the parcels with me, and went from
there to Loudon an I bad arranged. On arriving in London
I found the woman on the platform waiting for me. I gave
her her parcel,and she walked away towards %V aterloo-bridge.
I told Burnett Brewer had sent some more paper, and ,
had sent a key to get another one made like it. Burnett
mid, "All tight, I'll get one made." I stayed at Burnett's
house. Burnett went the night I got there, and when he
came back be told his wife "he had got to go again at ten
o'clock tomorrow." He asked MO to go with him, and I,went
with him to the top of Strutton.ground, Westminster. I
waited at • public-house for him, and be was away
for two hours, when he came back, and asked me
lif I wasted any money. I said I had not much, and he gave
me a sovereign, and told me if I wanted any more to ask
him for it. About a fortnight after I went again to Strut-
ton-ground with him, and waited until he came back, when
he said he wanted to go somewhere and called • cab. I
think be took some of the paper with him every time he
wept. He went in the cab to King-street, Soho, where he
said he wanted to see • man of the name of Franklin. He
went away, and I waited for him in a public-house. The
week after I again went with him. lie said he
must go into Strutton-grouud another way or be should be
noticed, and he told me it was a man of the name of Beecher
be took the paper to. I have seen Burnett go into a
butcher's shop in Stratton-ground, where Beecher
lived. Burnett always had plenty of money when
be came from Beecher's, and he always brought
a joint of meat away with him. After one of these
visits he showed me 51., which was printed
on what be called "Snide" paper, by which I understood
that it was not made at the milk He showed me the note,
and told me how they impressed the water-marks on the
paper. He said they used blocks to do it with. I told him
I should like to see it done, and he said it would take •
cleverer fellow than me to see that. After that Burnett
:hanged his residence to Angel-place, Blackfriars-road, and
I went with him. After about • fortnight I went again with
' him to Boucher's. He told me he wanted me Murry the paper,
for fear he should get collared with it. He said the key
would be done whenever we wanted it. bra. Burnett
accompanied us to Stratton-ground, and we waited until he
came hack. He said when he came back that he must go
and see Franklin again, and that be should want me to go
to Laverstoke again. Sometime elapsed, and he said I had
better go to Portsmouth, and "make out" that I was at
work at the Isle of Wight, so that my friends might
think I was at work there, and not staying
with Burnett. I went to Portsmouth. That was
about • month before the reward was issued
. _

and perhaps longer, than Mr. Frasidield's examination bad
done.

The Lord Mayor concurred with Mr. Lewis's suggestion,
and the cue was adjouroed until Friday, attar an examina-
tion which lasted nearly five hours.

tab) Jute Mame.

BAIL COURT.—Noy. 6.
Sittings at Nisi Prins at Westminster.—(Before Mr. Justice
Crompton and • Common jury.)
•

, •
O'BELIIN OIDDY.-CUltlooB (7,1111.-BIOA
This was an interpleader issue to try the rigbt to certain
goods seized by the sheriff, the principal question being
whether the plaintiff was the wife of Eugene Plummer
Maearthy, • _

Mr. Serjeant Pigott and Mr. Matthews were counsel for
the plaintiff ; Mr. Serjeant Shea and Mr. Murphy for the
deteedant.

Mr. Serjeant Pigott, having opened the case to the jury,
called the following witnesses :
Miss O'Brien, the plaintiff, said she was married to
Eugene Macarthy, an attorney, of Dublin, in 1839, and she
now lived in Weetbourne-place, Eaton-square. Under her
mother's marriage settlement the was entitled to 1,5001. per
annum. She had also a settlement in 1852, and soon after
Macarthy left her, but afterwards returned and lived with
her in Warwick-place, Pimlico, and sulaequently in one of
defendant'. houses in Upper Belgrave-place. In June,
1860, she left that house, and in July, 1861, having received
some money under a decree of the court, furnished the
house in Westbourne-place. The sheriff subsequently seized
that furniture. Macarthy had not lived with her in that
house.

Cries-examined—On the first occasion Macarthy left her
for three weeks, when she brought him beck. On the se-
cond occasion he left her, and did not return until the year
1852; aod on the third occasion be left herinlBss,but subse-
quently returned, and stayed with her until 1858, when he
again left her. The furniture seized was not in her posses-
sion in 1858. When she took the house in Belgrave-place
she told the defendant that she was Macarthy's wife. She
believed she was his wife until the Lord Chancellor's deci-
sion in 1861. Macarthy bad dined with her in Westbourne-
place on two occasions. He came onivited. Anyone
would have given him • dinner out of charity, he was in
such a miserable state of poverty. He had been prosecuted
for bigamy.
Evidence was then produced to show that Schultz, the
priest who solemnised the marriage between the plaintiff
and Macarthy, was in holy orders in the Romiah church.
Evidence was also given to show that Maearthy married
the plaintiff in 1844, and lived with her until 1852, when
he eloped with • Miss Emily Verliog, luid be then said
he had been previously married to Kate Crsagh, with whom
be lived for some time, but he ultimately returned to the
plaintiff, who had been persuaded that the marriage with
Kate Creagh in 1839 was invalid. He eloped a second time
with Emily Virling, whom he subsequently married, and
lived with her until she ran away with some one else.

The marriage with Kate ereirgh was then sworn to, and
in her interrogatory she swore that she was the daughter of
a gentlenian's servant, and was married to Macarthy m 1839,
by Mr. Schultz ; her husband left her 6 months afterwards,
and she was compelled to go to the workhouse. She was
now living • respectable life.
Thomas Wisely. au Irishman and • policeman, said he
remembered Schultz, and saw him perform a marriage at •
private house.
Cress•ezamioed—He was • witness on the occasion. It
was about three Years before 1847. (Laughter.)
Mr. Serjeant Shee—lt is rather strange. He was buried
in 1839.

Mr. Serjeant Pigott—That was his brother. (Laughter.)
Cross•ezamination continued—He took Macarthy into
custody for bigamy.
At this stage of the proceedings the learned judge intl.
mated that the best course would be to let the plaintiff have
the goods without costs on either side.
Mr. Serjeaot Shoo said it wee a bad case, but he would
not object to that course.
A verdict was then taken for the plaintiff, without costs.

COURT OF COMMON PLEAS.—Nov. 5.

Sittings in Banco.—(Before Lord Chief Justice Erle, and
Justices Williams, Bylee, and Keating.)

KENNEDY V. BROUN AND WIFE. 7'llE BWINI7EN CABE.

The matter was before the court hat term. It will be
remembered that Mr. Kennedy, a barrister, acted on behalf
of Mrs. Swinfen in her litigation in reference to her claims
to the Swinton estate, the result of which was that she
recovered the property. Subsequently to this she married
Mr. Brous, the defendant, and the present action was
brought against her and her husband to recover 20,000/.
upon "an account stated." which was founded upon the
services rendered by Mr. Kennedy. The case came on for
trial before Lord Chief Justice Cockburn at Warwick, when
the verdict was for the plaintiff for 20,0001., but subse-
quently a rule was obtained to eater a nonsuit upon
certain points of law, or for • rew trial for
misdirection, or that the verdict was against the
weight of evidence. The principal question of law raised
was whether services rendered by • barrister can be made
thesubject of an account stated. Last term Mr. Kennedy
was heard at some length in showing cause against the rule,
and the case again came on today'
The Lord Chief Justice said that he was very sorry that
in consequence of the same judges not being present now
as were on the bench hod term, it would be necessary to
begin the argument over again.
Mr. Kennedy seclrdingly recapitulated the facts of the
case at great length, and had not completed the statement
when the court rose.
The further hearing was adjourned.

COURT OF PROBATE AND DIVORCE.
Nov. 5.
(Before the Judge Ordinary.)

STRAUBENZEE er UX. T. /10XCK.

Dr. Tristram appeared for the plaintiffs; Ik. Spinke for
the defendant.

—The deceased Lady Mary Monck was the wife of Sir
Charles Miles Lambert Monck. By her marriage settlement
she bad a power given her to appoint 5,0001. by deed or will.
On the 16th May last she called two persons into her room
and signed her name in their presence to a paper containing
the following words :—" It is my wish for my dear husband
to administer the moneys. The smaller bequests dear
Laura will be kind enough to attend to." This was
attested, and her ladyship then placed two papers within the
document, and sealed them up. It was admitted, however,
that the packet had since been opened, and that the enclo-
sures had been somewh►t altered. The question now was
whether the three papers constituted • testamentary ap-
pointment under Lady Mary's marriage settlement. The
interest of the plaintiffs was under one of the papers, in
which a legacy in trust of 1,0001. was given them to be
settled on their daughter, Lady Mary's godchild. Mrs.
Straubensee likewise took a specific legacy, and the re-
mainder of the 5,0001. was also disposed of. Tho other
paper referred to distributed various jewels and other
movables.

Dr. Tristram, on the authority of "Allen v. Maddox,"
contended that the papers did amount to a will, but he said
that in any came Sir Charles Monck would carry out all the
wishes of his deceased wife.

Sir C. Cresswell—l have had the honour of being ac-
quainted with Sir Charles all my life, and that is exactly
what I should have expected he would do.
Dr. Spinks argued contru that if the document were ad.
vatted to probate, the court would establish a precedent
which would entirely emasculate the Wills Act.
Sir C. Cresawell took time to consider his judgment.