The Express.
London, England, 1862-03-29 00:00:00

LESS, SATURDAY' EVENING, MARCH 29, 1862.

tab intelligenct.

of a peon gentleman, a student at Bishop Otter's College.
Upon hearing this, the prisoner said, " You have taken the
wrong man. I left Chieheatm two days ago, and I am
liable to be treated as a deserter. How could I murder &ey-
es* when I had nothing to do it with?" The officers re-
plied." With that ride you took out of barrack, with you."
The prisoner thee said, " I took so rills," and he inquired
how they knew that a rifle bad been taken out of the bar-
racks, and the officer told him that one bad been found
biddies in a ditch. The prisoner, in answer to this, said,
4 Well, It is not mine." The prisoner was then conveyed to
Chichester, and while he was in the charge of a constable
tamed Clarke, he eptered into oonversatioo with this par-
ticle, andsaid that he left the barracks at Chichester about
10 o'clock on Tuesday night, and that he had walked
about the fields on the following day picking blackberries, and
that at night he got some bay and lay down in a wood.
He then talked about the ors of his regiment, and said
that Major Bush, who was one of them, was a very good
officer, and he supposed he wee the person who had sent
him a religious book that bad been supplied to him. It
also appeared that when the prisoner was about to be re-
moved to Petworth gaol, after he had been committed for
trial upon the chary of murder, he said to one of the per-
sees about him, " Good-bye I shell never see you any more.
I know what they will do with me, I expect they will hang
me." These were the principal points that were :skid upon
to sup the charge ageing the primmer, sad they were
by a great many witnesses The learned
counsel for the prisoner put several questions to
these witnesses in the form of cross-examination,
but be did not elicit anything that at all tended
to affect the character of the evidence they had given
in their eternisation in chief. It was elicited in the course
of the case that the prisoner wee an Irishman, and that be
came from the neighbourhood of Nenegh, and that he bad
stated that one of his relations was murdered near the tows
of Nenagh some time before. He also, it appeared, maid
that he had applied to Major Bosh for a pen to enable him
to go and see his brother, and that he refused, and that
Major Bush would hang him if he could, and he hoped that
when he went back be would have him drummed oat of
the regiment. The primmer, it appeared, also inquired
whether the maa was dead, and when be was told that he
was, he asked who he was, and when be was totalled that
be was one of tke studesta at the college at Chiabester, be
said he did not know say of the students, sod that the de-
ceased wail a stranger to him. One of the witnesses, it also
appeared, made an observation to tiste4soner, to the effect
that the charge that was made him was a 'my
awful one, and he replied that was but added, "If
there's a God in Heaven, mil dm witnesses do not speak
falsely, I an clear myself km
Is the noun of themes tot the promoution, Mr. Roswell
as above stated. be put la evidenoe the statement
made by the deemed jab bofen Wa loth.
Chief Justice Irk mid QM be shield only be JeMed
in meek* thk statement won evidence being kid before
him that at the time it was made the party making it was
under the apprehension of immediate death.
Mr. limped said he was unable to prove more Oro that
the detained requested to be taken home at once, or he
believed be should die of cold.
Chief Justine Erle mid this was not endicient, and be
should not be justified in adesitilogthe statement upon such
a state of hots ; and this eVidelbee wee therefore rejected.
Mr. Barrow, at the close of the case for the prosecution,
made an earnest appeal tothe jury on behalf of the prisoner,
and he contended, in the las instance, that there was no
positive widows to show Heat a murder had been own.
mitted. lie said it was clear that the unfortunate deceased
young gentleman was en utter stranger to the prisoner, and
he, therefore, meld not have had any motive for destroying
his life, and that supposing even that the jury should be of
opinion that the prisoner was the man who bed caused his
death, there wee nothing to show that the gun did not go
off accidentally. He then observed epos the want of
proof of the prisoner having his rifle with him when
he left the barracks on the night of athe 15th of
October, and the weakness of the 'videos/ as to
, his Mink the man who use seen in the neighbourhood
on Chichester and the other Owes on the night when the
offence was alleged to have been committed, and he con.
eluded by observing that on such a charge as this, when the
consequences of a oonvistioo were of so fearful a character,
the jury would not be justified in returning a verdict of
guilty, unless epee evidence of the most conclusive desaip-
ilea, and such as could leave no possible doubt of the guilt
of the person accused.
Chief Justice Erie, in summing up, said he thought that
upon the evidence before the court there could be no reason-
able doubt that a murder had been committed, and the only
question for the jury to consider was whether they were
Minted that the prisoner was the perms who committed
the crime. He then said that it appeared to him that the
police of Chichester had been very diligent in bringing for.
ward all the witnesses whose evidence could throw eny
light upon the subject, but they had to decide whether
their testimony established conclusively the guilt of the
prisoner, and if any doubt misted upon that point, he was
entitled to the benefit of that dooM, sad they ought to
afteracquit him.
deliberating about a quarter of an boar
in the box;retued a rdict of Not Guilty.

THE POLICE COURTS.

COURT OF BANKRUPTCY.—M•ICH 28.
(Before Mr. Commie loser Holroyd.)
II as ■AIWOU.

MANSION-HOUSE.

Two miserably-clad, ruffianly-looking fellows, who gave
their names as Bachand Simpson and William SwsfA, were
brought up on a charge of breaking a square of pills ems,
value N., 10 the shop front of Mr. Birch, 173, Feaehureh-
street, watchmaker and jeweller, and stsaling from the
window a gold watch, value 30/., ands gold chain,
value Si.

The bankrupt was described as a ems merchant and cab
proprietor, of Kentish.town tad Camden-town. Liabilities
2,44 a. ; Aissts about 120/.
In. Linklater supported.
In. Martin, a creditor, opposed is person, and charged
the bankrupt with contracting a debt by fraud.
Ria Honour did not think the case made out, sod granted
an order of discharge.

John Fowles, shopman to Mr. Birch, dated that be was I
at work in the shop, yesterday morning, at about half -peat
11, when be heard a violent blow at the window. On going
to see what it was, he maw the prisoner, Simpson, step bed 4
and then strike the window two or three times and break
it. A quantity of goods that were in the window fell on to
the pavement.
Mr. Gabriel, a watchmaker in the employ of Mr. Birch,
said he saw the prisoner Simpson strike the window with his
fist, and then step back and strike it again, which smashed
it. (A piece of the glass was produced, and it was more
than a quarter of an inch in thickness.) The prieenen were
taken into the shop, and he took from Smith a gold claim
worth 8/.

Raia-Constable Stock, 589, said he took the prisoners
into custody at Mr. Birch's shop, and on searching Simpson
at the station he found a gold hunting watch in hie posses-
sion. Smith stated that he had come from Yam, sad
Simpson said he came from Manchester.
The watch was identified by Mr. Gabriel as Mr. Birch's
property, and he stated that the valise of it was 301.
The prisoners, who said they were hard up, and had
nothing to eat, were committed for trial.

TB! *WIMPY= MUEDIUA AT MORON.

John Edward Betsey, a young mom was doused with
feloniously shooting at Francis Marie d'Alguin, with intent
to murder him.
In other counts the prisoner was charged with fekinioasly
shooting at Looks King. with the Übe bleat.
Mr. Horst prosecuted; the prissier was defended by Mr.
Roman.
The facts of this cam have appeared within the last two
or three days, sad it will therefore sot be neawry to
repeat then. It will be rensurabered that the prisoner bad
proposed marriage to • rens worm anima Lacy Welder,
who was in the navvies of the prenerster, who is a pro-
fearer of music stßriskisa, end htelliatersiay was appointed
for the marriage. As they woman troths °Such, however,
the prisoner that he bad forgotten his gloves. and
Id% the parry. who. after waiting for Dearly an
bow. returned . Las hour or two afterwards the
peleener want to the boon of the prosecutor and ends*,
veered to fame his wa is, sad when the prosecutor tried
to prevent him, he one of the chambers of • 6i:-
barrelled revolver into the pawls where be and the young
woman Louisa King were rtaodiod, and the ball stead
against the wall, but fortuately without doing ae=
chief to either of them. It wee proved that the p
had uttered threats, and that be bed deliberately prepared
the pistol, and there was so doubt that he intended to do
some serious mischief.
The only defence set up for the prisoner was, that he
must have been out of his seems, and did not know what he
was about at the time.
The jury returned a verdict of Guilty, and the prisoner
was sentenced to ten years' penal servitude.
CIVIL Sum.—(Before Mr. Justice Wightman and a Special

Jury.)

CIIAELWOOD (A

ITILIX-) r. TUN LONDON AND

BRIGHTON RAILWAY.
This was the last of the erase origin out of the fatal ac•
oldest fa the Claytoo tunnel.
The dofoodsuita bad paid 400 f. into court, and when one
or two whammies bad been examined, thy roods an odor of
an addlticcal raga of 504 whisk was sourest& sad the are
was acadiaquently mottled.

MIDLAND CIROLTIT.—WAsynos, Mists 28.
Nisi Pam COITZT.—(BIare Lard Child Jrtia Orekbura)

gINNgDT V. "BORN. 111.111711111 NerATICIL
This case was resumed to-day, Mr. Kennedy
his own case ; Mr. Macaulay (with wheat was ele7o
apprift for the defendant.
Mr. Maainlay cross-examined. Mr. Kennedy at great
and read a handbill which contained the fol-
lowing eu3nounosment, issued in Staffordshire by Mr. Ken-
nelly:
• Shortly will be published, the Serpent of Swinton,
showing the foul fraud and robbery perpetrated upon Mr.
Kennedy by the woman who possesses the estate ; show-
ing also the nature of his 0001:1011011 with her, and
how she acquired the atate, and how the Serpent has
stung her benefactor. [Mr. Kennedy: So she has.] The
publication is rendered more neoeseary by the criminal
charges against Mr. Kennedy. It shall hays the fullest
investigation ut order that it may be saes who deserves to
bs prosecuted."
Mr. Kennedy said he knew the above statement was
wow, and that he was liable to be indicted for perjury.
Mr. Macaulay read a copy of a letter written by Mr.
Kennedy to Mr. Reeve, in which he said, " Until I knew
this woman 1 was perfectly happy and innocent, and since
glass I have given myself to fully and madness."
Mr. Kennedy—You have opened a case of feeling that
most now go os.
Mr. Maosiday said be had opened a case of indictable libeL
Mr. Kennedy—Yes; and such an action as defendant's
husband does not are to go on with. Every man to his
taste. She sent a presets invitation to him in June, which
be accepted, and staved -Ave weeks. During that time she
exerted every possible Wigan over his affections. She
oomplideed, however, that he flirted with other women,
and talked about getting married again.
The Judge wanted to know what state of mind Mr. Kos-
Indy was in when he heard of Mrs. Swinfen'e second mar-
riage. Did he think she would marry again?
Mr. Kennedy said he would rather not go Into the eines-
Son, but ha put in affidavits.
Mr. Macaulay then addressed the jury at great length,
saying that Mr. Kennedy's conduct had been rendered still
worse by the attempts he had made to gloss over his con-
duct, as be had dons in eourt that day.
Mrs. Swinfen was sworn, and, at the close of her examin-
ation, the court adjourned.

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