The Express.
London, England, 1863-09-24 00:00:00

THE EXPRESS, ItUBSDAY EVENING, SEPTEMBER 24, 1863.

MONMOUTH RACES.

HOsses AR/MlD.—Whitehall, Doncaster Fast Racoon

Hum, Tramp. Odin.. FIT"-
ranee, Ripon, Cranberry, ()olden Duet, Pearl Diver, Zingari,
Wertheim, Lam Carp.,l3armaid, sad Mulberry.

BETTING AT MANCHESTER.-WIDNISDAT.

CESAREWITCH.
14 to 1 spt Adald (20 to 1 Jack of Hearts (t and off)
22 to 1 Horrioane (t)
25 to 1 Myrtle (t)
50 to 1 Limed's' (t)
50 to 1 Real Jam (t and offl
66 to 1 Springbok's darn gelding (t)
CAMBRIDG'MHIRE.
16 to 1 apt Bludhill and off)
16 to 1 Borealis (t and off)
26 to 1 Catch'em Alive (t)
33 to 1 Limed= (t)
Kt to 1 Pi:druids (t)
40 to 1 Excb•quer (t)
40 to 1 Jack id Hearts (t)
40 to 1 Comet and off)
100 to 1 Faafaron (off)

CENTRAL CRIMINAL COURT.

(Before Mr..Tustios Bytes.)

Sarah Emily Mitchell, 24, • lady-like young woman,
drifted in deep mourning, against whom the gra jury
have returned a true bill for the wilful niur of her
child, Sarah Emily Adeline Mitchell, yam placed at the bar.
Mr. Clark, who is instructed to prosecute on behalf of
the Treasmy, applied to the court to postpone the trial to
the October KAROO. Be said that the ground'
.upon
which the application were made were that the prmonr
was may committed for trial on Saturday/net, and this com-
mittal was only upon the coroner's inquisition, and there
bad been no inquiry before a magistrate. He 'himself had
only been instructed since the previous day, and, as he un-
derstood that the defence that would be set up would be
that of insanity, it was most important that an opportunity
should be afforded for inquiry to Unlade in order to discover
whether this defence was founded upon real and sta.:kat
grounds, in which case, of COMell, the fullest effect ought to
be given to it, or whether it was merely a frivolous and un-
founded defaces got up for the comma It therefore ap-
peered to him most consistent for the interests of justice
that the trial should be poetpoeed, in order that such infor-
mation might he obtained as would enable the counsel for
the crown to conduct such an important inquiry in • satis-
factory manner to the public.
Mr. Sleigh mid he was instructed, with his learned friend
Serjeant Shoe, to defend the prisoner, and the result of a
consultation they bad had together upon the subject was
that the application for • postponement of the trial ought
to be resisted. It was true that the defence that would be
set up for the prisoner was insanity, but this was known
long ago, and the counsel for the crown, therefore, could
Dot be taken by surprise upon this matter, and an account
of the audition of the prisoner, who, it might be stated, bad
attempted to commit suicide, and leo from the fact that
witnesses were in attendance who bad come from • ono-
siderable dietitian to speak to her state of • he con-
sidered it mast advisable that the case should be • of
at the present seadon.
Mr. Clark mid that his only object wee to tarry out the
ends of justice, and if his lordship thought the use ought to
proceed he wee ready to go on with it at once.
Mr. Justice Myles said that having regard to the period
that had derma sines the commecoement of the inquiry,
he did not think sufficient grounds had been urged to
justify • postponement of the trial if the prisoner ob-
jected to each a comes being taken.
Mr. Sleigh then left the court Meader with Serjeant Shoe
upon the subject, and he shortly afterwards returned and
said that upon further consideration he and the learned ear-
jimat felt that the application for • poMposeenent ought not
to be resisted.
The trial was accordingly ordered to stand over until the.
October seericie.

Men Hamad Elizabeth Engkaaarr, • well-dressed youeg
woman, orrendered to take her trial for the manslaughter of
Oosstance Augusta Engleheart.
In a second aunt the offence imputed to the prisoner was
the manslaughter of a female child known by the name of
Constance Augusta.
Yr. °midge conducted the prorention ; Mr. Sleigh and
Mr. Wheat were counsel for thadefeoa.
The learned counsel for the poweoutMn, in • the
ease to the jury, described it as being ase of • vary
chancier, as the princess was charged with having caused
the death of her child, e little girt between four and Ave
years of age, by brutal ill.treatament. The prisoner lived
with her hothead, who was • parson in • very respectable
pukka in life, at Eltham, is Kest, and it armored
that the child in question wee bon about four
moths before the and it was suggeeted on
the part at the prosecution this fact had Nemeth* to
do with the treatment to which the deceased child vu sub-
jected, although the evidence did not appear to bear out the
enettileeetieect of iirc'peler; "tett.
en the 31st of Jul tlan
y, and it oust the
that on that dook
ay hoaband of the Priem" ap-
pealedla
gone to London to st to he oecupakon, end the pri-
weer, the demand child, mother child, a little boy, and a
servant girl named Jane Maynard, were left in the boon
Between Ave end six eels* in the evening the servant, by
the direction of the primmer, placed the tea things on the
Uhl" in the dinterroom, and while the prisoner was in her
bedroom upstairs the deceased child upset the milk jug,
pulled the tea things from the table and strewed them about
the room, and alio committed • very dirty act upon the car-
pet. The primer seemed to have been my angry who
she came doweelats, and she mode use of the observation
that eke had frequently prorated the deceased • bath, and
now she would give her one, and the directed the
girl Maynard to put • bath in the sink and AS it
with odd water and put some ash in it. This having
been dose, licooding to the evidence of the servant
the prisoner tied a napkin round the child's month,
and dipped its head several times into the water and then
the body, and kept her there for tam minutes. She also
represented that slur this the prisoner administered some
cod liver oil to the child, and because some of it WY spilt
upon its breast she placed the child under the pump and
pumped upon it, and then laid it upon the stone sink as
she said, ' to dry." The prisoner then, it appeared, went
upstairs with the child, and in a short time she came down
and said she thought she had kept the child too long in the
°old enter, and she sent for some brandy and ordered •
warm bath to be prepared. It wee observed at this One
that there was • 111101“ bruin upon the right temple of the
child, and the prisoner said that this had been canoed by her
liming accidentally let her fall from her arms as she we.
bringing her downstairs. The child, it appeared, died on
the following mowing, and upon a postmortem examina-
tion taking place it was discovered that death was ceendosed
ha extravasation of blood upon the brain, whisk =travois-
thin was caused by the blow on the temps There a mired
to be no doubt that the poor child war addicted to
dirty habits, and Dr. Manley, • medical gentle-
Mtn, who had attetededhzourelzmirjr bakes its
death, stated that be the primed
to put the child in • cold bath with salt in it in osier to
strengthen the system. It did not appear, however, to be
in any way contended on the part of the promotion that
the immersion of the child in the bath was the canes of the
death ; but the fact relied upon to support the charge of
manslaughter wu, that the limitary to the temple was
caused either by a blow gives by the prisoner while she
was upetaus with the child, or by her forcing it agaiust the
mouth of the pump at the time it was being pumped
upon.
A statement made by the prisoner when under examine.
lion before the coroner was put in and read, in which she
contradicted the evidence given by the girl Kayoed is se.
vend particulars. Her version of the affair woe, that she
mainly Paced the child in the bath to drams her from the
filthy condition in which she was, and that when she took
her imitate she saw that she was trembling and appa-
rently very cold, and she told her that she would pnt her
feet in warm water, and that she was a stupid little mon.
key for doing such things, and the child replied that the
would never do it ages. She said that she thou took the
child up is her arms and me about to carry her down-
stairs, when the sleeve of her dress caught in some mono
upon the staircase, and the child fell, and thus received
the isjnry upon the head that caused its death.
In the coulee of the case, Mr. Orridge proposed to sat the
servant girl Maynard whether the prisoner was not in the
habit of illming the deceased child.
Mr. Sleigh objemed to the adardesibility of evidence of
this description, and the learned judge ruled that all that
amid be asked was sa to the gees'sl conduct of the pri-
soner towards the child, and that particular Inatome' of M.
treatment could not be given in evidence.
The witness was accordingly examined upon this poist,
and she stated that the pr loner was is the habit of behaving
unkindly to the dimmed child, and that she treated her
differently to the little boy that was born after the
Ittr.tigh made a most feeling and eloquent address to
the jury oa behalf of the prisoner, mad after that
it wu inmost to the (ohms of human nature to
that • mother could be capable of destroying her owe off-
spring, by brutal conduct such as wu 'Unbelted to the
prisoner, be proceeded to contend that the case had bees
very much exaggerated, and that although the prisoner
might have actedimprudently. there was sot the alighteat
evidence to support the fearful chugs that wo made
her. He said that so fax as placing the child in the
it was admitted that this Lad nothing to do with
causing the death, and he reminded the jury
that the act took place on the 31st July, during
the heat of summer, and that sanding to the
medical evidence the prisoner bad bees room-
weeded to adopt the poseetlieg, in order to strengthen sad
invigorate the child. With regard to the euggeirtioa Meath"
phionor was • brutal and unfeeling mother, he observed that
it was admitted that the moment she found the child was
selertag she meat for brandy.
and pieced it in • wenn both
aml did all that was possible for sad he urged that this
me ad the conduct of a woman who was capable of 'dim
in the brutal reamer suggested by the prosecution. As to
the cause of death, he said ft wee clear that the_ Noy to
the bead bad occasioned the extrasesathe of used wiles
W brain, and he urged that this was very likely to have
ken seseeirmard in the way
_seated by the prows Ohre
the eureemr, and he reminded them that this elaiment was
smile spun oath, and it appeared to bus that it wee entitled
I. ode as mach weight ea the testimony of the girl May-
sod, des whets, am it appeared to Ithe, the ere fer the
prosodies aloud Minty depended. The lesessil sonned

eaecluded by saying that the prisoner bad suffered the meet
poignant distress of mind in eonsequenoe of the unhappy
occurrence. and she was now standing at the bar of a off.
mind court upon a charge of the moat dreadful character,
and her sufferings were agpurated by the fact that he be-
lieved she would very shortly spin become a mother, Naha
celled upen the jury to my by their verdict that the charge
made against her had not been estahlished, and by that ver-
dict restore her to her husband and family.
There was some applause io the court at the termination
' of the address of the learned counsel.
Mr. Justice Byles, in summing up the case to the jury,
after having explained the nature of the charglead that,
ofmuse, it was not suggested that the priamer, her con-
duct, intended to cause the death of her child, the only
questions for their consideration were whether that event
was occasioned either by her negligence or by any act of
violence committed by her to it. He this said that how-
ever improper they might consider her conduct to havebeen
in placing a weak and delicate child such as this was ad-
mitted to have been, into s cold bath, and afterwards
pumping upon it, it was deer from the medical testimony
that those seta had nothing to do with causing the death,
and that this was to be attributed only to the injury to the
head, caused by violence of some kind. Os the part of the
prosecution it was suggested that this iajury was caused by
a blow urea by the prisoner, but there certainly was no
direct evidence whatever in support of this snggsetios, and
the statement of the prisoner was that the injury was
caused by a fall. If the jury believed this statement the
mama was entitled to an acquittal ; and be at the same
time said he must remind them that it was the duty of the
prosecution to establish the case affirmatively against a per-
son accused of any offence.
The jury, after a short deliberation, returned a verdict of
Not Guilty.
" •

The prisoner was then charged upon a seamed indiehnent
with an aggravated soma upon the child in qusetion.
The indictment also contained a count charging a memos
assault.
The jury found the prisoner Guilty upon the last men-
tioned portion of the charge, namely, a common aaseult.
Xi. Justice Bytes said that in consaquanceof what bad
been stated by the learned counsel as to the condition of
the primer, ha should direct some inquiries to be made
before be paned sentence. •
(Before the Recorder.)

George Liverwort, 34, bargeman, was indicted for filo-
aieerl rowaolog two tarps value 71., the property of
Joseph Jobs Smith, well kno the same so be stolen.
Hr. Tindal Atkinson women; Mr. Lille! defended.
It appeared that the prosecutor in this miss is the owner
of • 'burs named The Owner's Delight, from which on the
night of the 6th of May the tarpaulins in question were
stolen. On the 26th of August they were found on bawd
• huge at Gravesend, in which barge the Firmer was em-
ployed aa lighterman. On being asked bow he own in pre-
ssman of them, he stated that he had merely purchased
them of some man, whose address he did not know, but the
name of the prosecutor was ant completely out of the tar-
Findings, and the primer was given into custody, as he
could not produce the party from whom he had bought them.
I'he Jury found the prisoner Chary, whoa • former con-
viction was proved spoest him.
The Recorder said he should take so notice of his previ-
ew conviction, as he had been in holiest employment mince
having prison. He was then sentenoed to six months' im-
prisoomset.
Mary Ann Taylor, 24, menial, and George Taylor, 24,
moldier, were indicted with stealing 211bs. of lead, the pro-
perty of the Queen.
It appeared that the female prisoner was seen on Tower-
hill on the evening of the 31st August with something
wrapped up in • haadkarchsef, which was fowsi to be •
quantity of lead which had been shortly before mimed from
within the precincts of the Tower. On being stopped she
stated that she had obtained it from her husband, who
had been stationed at the Tower.
The male prisons: stated that he found the had is the
dike adjoining the Tower.
The Jury found the prisoners Guilty, and the Recorder
sentenced them to four mouths' imprisonment.

Thomas Jona, Hairy Yalta, and 27rotass Wi/18011 were
indicted for steeling a crue‘stand, vales 16L, the property
of Edward 8•11 e.
The *reefs were found Guilty, and were siwitenced,
Jones to tax inciethe, Wins= to 12 menthol imprisonment,
and Teaks, against whose • tong list of coavictious was
proved by Detective Hawks, to six years' penal servitude.
George Reed, 21, Lerman, was found Guilty of stealing
a cashbox, ',attaining 294, the property of Thomas Watson,
=tor of the Queen's Arms, Queenhithe, and was sew
to 12 mouths' imprisonment
John Cole, labourer, was charged with feloniously setting
fire to • rick of stubble, the property of William Giddoos,
of Barest
It aQpsats that the prisoner was seen close by the spot
at the hreaking out of the fire, no one alas being Dear. He
was taken into custody, when he stated that he wee very
ininegry, but denied that be had set fire to the rick.
The prisoner wits found Guilty, but his sentence was de-
fervid.

Thomas I.r6p wee indicted for a robbery with violence
from the person of Jonathan Peel, with another man not in
custody, and stealing from him a gold watch and chain,
vane Zl. The prisoner pleaded not guilty.
Yr. illresham prosecuted.
It appeared that the prosecutor wee paring near Chaim*
Hospital, about half•peat 10 o'clock, on the 30th June, when
he was eaddenly attacked with great violence by the pri-
soner and another man. He was knocked down and ren-
dered insensible, and when he recovered his coascionsness
be found that his watch and chain were gone. Both the
men had made off, but the prisoner was seen by several
people who had known him previously, and a description of
him being given to the polies he was apprehended about two
months after. _ _ . . . . .

The inTylinind the primmer GaAs when a list of at least
twelve convictions were proved avian him, extending over
the last ten years.
The Recorder sentenced him to ten years' penal servitude.
Jan lisinisvcs, 20, labourer, wee indicted for feloniously
wounftg Samuel Hill, a soldier, with intent to do him
grievous bodily ham
Ur. Oollins prosecuted.
It appeared that on the 13th of September the prosecutor
was c lled upon, together with several other soldiers on
duty, to remove a deserter to the guard-room, and while
doing so they were obstructed by several persons who stood
in their way, among them being the prisoner, who was very
violent, and on being ordered to go away, he swore that he
would run a knife into the prosecutor's heart if be did not
let the deserter go, and no sooner had be spoken than he
drew a knife and plunged it into the soldier's body. The
man fell, immovable, and lost a considerable quantity of
blood, and has not yet been able to return to bin duty.
The defence was that the prisoner had the knife in his
hand at the time, and that in the excitement he made a
slip, and the knife entered the body of the soldier quite by
accident.
The jury found the primmer Guilty, and the Basorder
sentenced him to four years' penal servitude.

that they had done the wit in order to pt locked up, and
seemed to bond of their achievement. The " locking up':
would be of longer duration than perhaps they bad antici-
pated, and the sentence upon each of them wan that they
be severally kept in penal servitude for the term of five ;
years.
Thomas Dawson was indicted for stealing from the per.
eon o*rtYf Mary Ann Young a purse containing 15s. and other
Prp
. E. P. Wood conducted the prosecution, and the facts
elicited proved that the prosecutrix, while marketing at
Woolwich, lost bar puns, and thet it was traold bo the
prisoner.
Former convictions of a numerous clam of robberies were ;
proved against him, and
The Common Serialist ordered him to be kept in penal
servitude for the term of five years.

you brought it all on yowrself, and tdlitat=did strike the
young woman, and I shall, therefore,discharge her.
Mary Ann Larkin and Caroline Larkin, sisters, the
latierchlriir2 only come out of prieou on Tuesday zooming,
were with dealing • shawl of the value of 16s. from
the shop of Mr. Frederick Augustus Penny lineadraper,
he., 10 and 11, Welkes.court, Soho, end • pima of cotton
print of the value of 4a. 6d. from the shop of Mr. James
'Horne, linendraper, 5, Little Pulteney•tresk Beho.
1 Elizabeth Jane Bowen, mutant to Mr. Foley, deemed
that about one o'clock she sew the two prisoners in the
lobby of the shop. The prieoners left, and she went up-
stain, and on her MAUI to the shop in about 20 minutes,
the poisoners came beck again. At the same time • woman
Ztared the shop end asked to be shown a bonnet. While
ing so, she observed he prisoner Caroline take down •
black and white shepherd's plaid shawl of the value of 16e.,
and decamp with it. As the woman bargaining shout the
bonnet denied all knowledge of the primmer she was allowed
to go. Lest evening, Mahout eight o'clock, she was called
to the shop of Mr. Home, sew the prisoners, sad identified
them as the women who stole the shawl from her employer's
sho.
Jophn Henry Somers, assistant to Mr. Horne, said, having
been informed that a female had taken s piece of cotton
print, he went in quest of her, and had nearly given up the
march when a boy informed him that Mary Ann Larkin
bad the print under her shawl, and on gotsg out he secured
her sad took it from her, and took her into the shop. The
prisoner Caroline then bounced in and said, " Oh, my deer
sister. She dtd not steal it. I stole it." A crowd col-
lected, and in consequence information got to Mr. Penny's
sashimi, sad on her arrival she identified the women so
those who had taken the shawl, and they were then given
into custody.
Additional evidence having been gives,
cal=t Brown, 5 C, maid the prisoner Caroline was coni-
the 28th of J my Let for two months, for steeling
69 yards of print from Mr. Horn's shop, sod only mme out
on Tasmisy. They belonged to a thieving family.
Committed for trial

THE GHOST IN CHANCERY.

BABLNGBTOXE, WIDNZBDAT.

Yesterday afternoon the Lord Chancellor wen
visited at his mansion, Hackwood-park, sear this town, by
no lam • personage than the übiquitous Ghost, and • number
of gentlemen, all claiming more or less legitimate relation-
ship with him. Mews. Loibl and Sonhanimer, the pro-
prietors of the Pavilion Music Hall, at** top of the Hay-
market, took him. Mr. Wild (of the Alhambra), Mr. King
(of Bath), Professor Pepper (of the Polytechnic), and
others, were also in attendance , swotted by their respec-
tive advisers. The facts of the 0180 ere as follows :
In February last, after Hamm Dinka. and Poppet"'
Ghost had turned out a " hit " at the Polytechnic
last December, they obtained • provisional specifi-
cation, with a view to patent. In the following
August* just before it was time to obtain the great seal,
the other parties above named lodged objections according
to the Patent Law Amendment Act On account of these
objections the patentees obtained • further month's provi-
sional protection to answer them. Affidavits were further
filed on both sides, and the Lard Chancellor fixed yesterday
for the chap:nal of the arse so fares the issue of the groat
'cal was concerned.

Messrs. Senhammer were represented by Mr.
Bower, jun. (Bower, Son, and Cotton, Chancery-lane) ; Mr.
Wild by Mr. Mayhew ; Mr. King by Mr. Carlo ; and
Marra Dircks and Pepper by Mr. Hughes (Magbes,Kuney,
and Co., Buoklarebury).
After disposing of some legal technicalitiee which his
lordship adjusted to meet both sides, Mr. Bower went into
the merits of the case. He put in • number of affidavits
tending to prove that the invention was by no means new,
and that it had been exhibited inLoodon and throughontthe
eoustry as far back as 1845, the perentage of it seeming to
rest on Herr Dourer, the celebrated conjuror. He referred
his lordship to a playbill of the period, wherein ►one Palmer
exhibited it for his benefit at Margate. As the proprietors
of the Pavilion had taken • model stage down with them,
all complete, the " hones was lighted up," sad his lordship
had the pleasure of witnessing the ghost Madams very cos-
venieutly. He was also shown ghost photographs taken by
King, of Bath, and Sylvester, of New Bondetrut, in 186 a
Mr. Sylvester is also a ghost exhibitor, and has met with
singular and well -merited samosa at Canterbury-hall. As
Mr. Pepper is is the arrangement, there was no opposition
from that quarter. Mr. King is also • " patentee" in rivalry
with Mr. Pepper, and has undertaken to indemnify all his
customers against any hostile action on the part of that
gentleman.
In the course of the argument his lordship said that he
remembered seeing the same thing when a boy 55 yean ego ;
it was exhibited by Belzoni, the celebrated traveller, and an
amount of it published.
It was urged that by Mean. Pepper and Minks exhibiting
it in December but year, at the Polytechnic, it was • pub-
lication that barred the right of patent. On the other side
affidavits were put in from Sir David Brewster ad Professor
Wheatstone, testifyieg that the invention was new.
The Lord Chancellor then delivered an elaborate lodg-
ment. He reviewed all the affidavits, and said that the ob-
jectors had no grounds before him ; they came in at the
last moment, and wanted to overturn all the three
hearings of the Attorney-General, who most bays been
satisfied of the merits before he remitted the patent for the
great seal. If he withheld it the patentees had no remedy,
no appeal elsewhere, but by granting the patent he placed
them in a position to prove and maintain their right to it.
Nor would this inflict any wrong on the objectors, as they
could try the value of the patent in • court of law. His
lordship then directed the great seal to isms, with all
costs and charges spinet the objectors. The case ex-
tended over three hours.
The Ghost and the law have by no means parted for
ever, fur being • goad " drew" as an entertainment, Mr.
Pepper will have many • contest about it. He will have
to tight hard for his Ghost.