The Express.
London, England, 1863-07-06 00:00:00

COURT OF QIIKRN'S BENCH.-Juiv 4.

After Term Sittings at Nisi Prtua at Guildhall.—(Before
Lord Chief Justice Cockburn and a Special Jury.)
THE STATE or THE CITY COURTS.
'• • •

- -
The Lord Chief Justice, on taking his meat this morning
anneal:l,nd that he had received a letter from Mr. Justice
Mellor stating that the condition of the other court was
such from its heat, want of ventilation. its confined awe,
and its inconvenience in every respect that it would be im-
possible for him, with a due regard to his own health as
well as that of the learned counsel and the jury,
to sit there during the hot weather. Mr. Justice
Mellor was about shortly to go on the Northern
Circuit, and after having received such a letter
of complaint from him, he could not ask any other
learned judge to take his place ; and however much it was
to be regretted, there would be no second sittings in that
court for the remainder of the time. He also took that
opportunity of stating that until the court was put into a
proper state for the administration of justice, it would be
impassible t• sit there either in winter or summer, because
the beating aaratus was in such close proximity to the
court as to render it unbearable.

COURT OF EXCHEQTJER.-JuLY 4.

Sittings at Niai Prins ak Gaildhall.—Belau Mr. Baran
Martin and Common Janes.)

CLE.tg V. WrITON.-I. DOO OABZ.

This action was brought by an auxiliary postman in the
Lewisham district, to recover damages from the bite of •
dog which he alleged was malicious and accustomed to bite
mankind.
Mr. M. Chambers and Mr. Philbrick were oounsel for the
plaintiff, and Mr. Tindal Atkinson for the defendant.
The plaintiff went to the house of the defendant, who is
au engineer at Deptford, for the purpose of delivering some
letters in the ordinary diacharge of his duties as portman,
when a dog, said to be something between a terrier and a
Pomeranian dog, flew at him, and bit one of his legs. In
consequence of the wound he went to a surgeon, and after-
wards to an hospital, and was laid up for several weeks, and
such was the nature of the injury he received that since the
occurrence he had been placed on lighter work.
The defence was that the dog was a very harmless and
civil animal, and never attempted to touch anyone except on
the strongest provocation. The dog was produced in court
in the charge of a female, and excited considerable laughter
when it looked askance and dubiously at the plaintiff and
some other postmen who appeared in new uniforms
with their bright red decorations. It stated that the dog
was about 14 years old, and bad lost its front teeth, that it
bad travelled in different parts of Europe, in Egypt, and
Australia, and that it was never known to have been guilty
of any vicious act except once in Sydney, where the crea-
ture was provoked to a Ursa of the peace by a man shaking
a stick at it.
Mr. Baron Martin, in summing up, said in order that
the plaintiff might recover, it must be shown that the dog
was of a vicious native, and accustomed to bite mankind ;
but if the jury believed the defendant's evidence, no case
bad been made out by the plaintiff which would entitle him
to damages.
The jury, after some deliberation, said they were divided
in opinion in the proportion of seven to five, and there was
no chance of their agreeing.
They were then locked up, and after the lapse of two
hours having intimated that they had made no progress,
towards an agreement, they were discharged. Subsequently
to their being locked up another jury was called to enable
the other business to be proceeded with, but only five an-
swered to their names; and all the common jurymen who
had been summoned, but had not attended during the
present sittings, were fined 101. each.
In consequence of the non-attendance of jurymen the
court rare early.

COURT OF PROBATE AND DIVORCE.
JOLT 4.
(Before the Judge Ordinary.)
BRENNER r. BRFNNER AND BRITT. —A 1311217 A GRIMM

ita'reu.
The further hearing of the caw was adjourned till
Thursday.

THE POLICE COURTS.

WORSHIP-STREET.

Brobams Ha//owes, 37, a very respectable-looking per-
son, of military appearance, was charged before Mr. Cooke
with violently assaulting Sarah, his wife.
The complainant, whose right eye was frightfully bruised,
gave her evidence manifestly in great distres, of mind. She
said---On Friday night my husband returned home with me,
being then, as usual, very much the worse for liquor. I begged
that be would go to bed, bat had scarcely uttered the words
when he struck me a heavy blow in the face with his fist,
injuring my eye as it now appears. I fell to the floor, and
when I was able opened the window and called for assistance.
I don't know how many times he struck me. My right ear is
also cut. 1 know that he struck me once as I lay oo theground.
It is a common practice with him to beat me. Wehave been
married four years, and during that time have occupied
twenty different lodgings in consequence of his violent
character. He says that he will not live with me, but
allow me so much a week.
A police-constable who entered the house, upon bearing
screams of "Murder," said the defendant warlike a mad-
man. He was without a coat, and his. shirt sleeves turned
up; he was drunk, and talking incoherently. His wife
was sober, crying bitterly, and bleeding from the eye.
Defendant—She first picked a quarrel with me as we re-
turned from seeing the Fairlop boats, and when at home
renewed it. I did not touch her. She was in liquor, and
fell against the latch of the door.
Mr. Cooke—Your conduct is greatly aggravated, if such
is possible, by your being, as I perceive, marked on the
police-sheet as a lieutenant in the 18th Royal Irish —a
position that might well be supposed to have taught
you better than thus to treat a woman, and that woman
your wife. I order you to find two sureties in 501. each to
keep the peace towards her and others for the term of four
calendar months.
Henry Gee, the landlord of the Sidney Arms, in Finsbury
Market, was summoned, at the instance of the Commission
en of Police, for harbouring a police-constable while en duty.
The constable was seen by a sergeant of police sitting in the
parlour of the public-house at half-post 12 at night. The
sergeant knocked at the door, and asked whether there was
not a constable in the house. The defendant denied it, and
the sergeant then obtained the assistance of two other
policemen, returned to the house, and knocked for admit-
tance for half an hour, when at length the door war opened.
The defendant then admitted that a man was there, and the
man was found in the yard.
The magistrate considered this a very grave offence, as it
not only kept the constable from his duty for so long • time,
but it would also lead the constable to favour the landlord
in his business. The constable would be dealt with by the
Commissioners of Police, but he should fine the de-
fendant 31.

WFS T INSTEH.
Sarah Potter, a middle-aged female, was brought up in
the custody of Sergeant Birch, of the B division, on a war-
rant charged with assaulting Agnes Thompson on the Ist of
June last, at No. 3, Albion-terrsce, Kinds-read, Chelsea.
The warrant was issued at the instance of the Society for
the Protection of Females and Young Women, at 10, Duke-
street, St. James's, and Mr. Sleigh attended to prosecute.
Viscount Ilarnbam, the president of the institution, was
present, and Mr. Smyth was engaged by the prisoner.
Mr. Sleigh called the complainant, • young woman of
rather small stature, who gave her evidence in a properly
conducted manner. She said she was about 15, and had
a father and mother, who lived in Middlesex-street,
Somers-town. About 12 months ago she was induced to
accompany a man to a house in George-court. where he
effected her ruin. About a week after she met • female
who took her to a house in Wardourstrect, which was oc-
cupied by the prisoner. She was there about seven months,
and was visited by gentlemen. She wanted to leave, but
was pressed to stop by the prisoner.
Mr. Sleigh—At any time did anything occur in respect to
beating?
Witresa—Yea, sir; I was flogged by gentlemen with
birch rods. I was beaten on my naked flesh. (Sensation in
court.) The prisoner told me to go into a room, and while
I was there she sent up the rods.
Mr. Sleigh—Was it the bed-room'.
Witness—No ; the drawing-room.
Mr. Sleigh—Did you submit to this willingly
Witness—l did not ; I cried, when she said that she
would send for • men named Stewart, who lived in the
house. I was, on another °cassias, flogged by a man named
"Seal-skin,"and by another known as the "Count." On
each occasion I was naked.
Mr. Sleigh—Were other girls subject to the same treat-
meet?
Witness—Yes. I have heard them scream. I was in
the room at one time when • girl—a servant—was being
whipped.
By Mr. Sleigh—l have been strapped to a ladder and then
flogged (a folding ladder was in court). I could not move,
nor could I call out, as a towel was fumed in my mouth. I
was so closely watched by the prisoner that I could
not leave the hones. I have told her that I would
not submit to such treatment, when she said,
" Oh, never mind ; it is nothing." I had no power
to move when I was strapped to the steps. I have been in
Albion-terrace about • month. I was turned out lest Mon-
day week, at that time suffering from • loathsome disease ;
I went to No. 1, Albion-terrace, the landlady of which
has interested herself in my case, and I went to the So-
ciety for the Protection of Females and Young Women, end
laid my complaint thaw

The complainant was deftly ercesematined by Yr.
Smyth, and stated that her mother called upon her when
she was living in Wardouretreet. She was afraid to tell
her what *atom of life she was leading thme, as she be-
lieved, if she knew, she would have killed her. She induced
her to believe that she was in orrice She had been at
Creanorne with the prisoner, who kept by her ell the time
she was there. _ . . . .

It being now near 6 o'clock, • remand was suggested,
when Mr. Smyth asked for bail on two grounds; one WY
that he had a oomplete answer to the MO, and the other
was that the prisoner was suffering from an internal com-
gla±..., which, by imprisonment, might be attended with
to her life.
C: Self, said that he would remand the prisoner on the
charge of felony. He added, that on Monday, if a medical
certificate was produced showing that the prisoner was in •
precariona state of health, he would consider if be could
take tail.
The prisoner was then remanded to Friday next.
SOUTHWARK.

Jabs Ball, • butcher in She employ of Mr. Hillier,
No. 1, Dockhead, Bermondsey, w•e charged with cruelly
sod maliciously cutting a dog •cross the beck with
• butcher's cleaver.

Henry Wingfield, an errand boy, said that he was
pining Mr. Hillier's shop, when he saw the pri-
soner at the doorway chopping a sheep. He had a
ver► large sad sharp cleaver in his right hand, and by some
accident the deg ma against him. He deliberately turned
halfway round and wilfully chopped the dog across the
back with the cleaver. The poor dog ran into the road, and
fell down writhing in agony. A constable came up at the
time and took the prisoner into custody. The dog was
brought into court at this juncture, being carefully
wrapped up in a basket. There was a large wound ACTON
the loins.

—Jan Carpenter, a general dealer, of Dockhead, said the
dog was his, and it wadi a useful and faithful animal, with
not the least bit of vice about him.
Mr. Combo had no doubt the act was done wilfully. It
was a eery bad ease, and be should send him to the HOO.O
of Correction with hard labour for one month.