The Express.
London, England, 1864-12-09 00:00:00

OUTWARD BOMBAY MAIL.

The Ripon, from Southampton, Nov. 27, reached
Malta on the 6th inst. at 10 p.m., and left on the
7th at 4 p.m. for Alexandria.
The Delta, from Marseilles, sth inst., arrived on
the 7th at 9 p.m., and left on the Bth at 7 a.m.
for Alexandria.

PLYMOUTH, Dec. B.—The oourt-martial on Com-
needs' Breed closed te-oight. The mart coseidered the
charges partly proud, sad Dente:wed the primes, to lot
admosiobstL

raosasia
SAITRDAY. 011 NOSTEMBII SCIMAY.
S.W. to N.W., and GLIM 8.8. W. to N.N.W.,freeh
back. moderate to to moderate.
fresh. unsettled.
&E. to d. W. and S.W., waproa Lw. to N.W. and N.,
moderate to strong, fresh to moderate,
with rain. some rain.
8.8. W. to N.N.W., etnnitNalt. As nest above.
strong to nooler.de,
some rein in places
W.N.W. to A.N. W., LIMB. W. to N., leader/A.: to
fresh to moderate, fresh.
some rain In places.
NeeLsen=floottand. Western= Ireland, Weise, and *Or
eewles. Lateen:min/11A Channel and Bey of &sear. LAW*
=Leeward England and Nmth Bes.

The Rev. J. liable, in a letter to a friend printed
in the t;,,,rdion, makes Mr. Gladitone's adhesion to the
project for reforming the Court of Appeal • reseal why he
should not be opposed at the next election for the Oxford
University, and he enumerates Mr. Oladetone's service, to
the church. He opposes the abolition of church rates.
"la regard to academical subscription, his line is,
as in other things, to do the most that can be dose
for dissenters with safety to church privileges.',
He fought on the right side in the campaign on the max,
nags and divorce laws, and as to the Burials Bill, Mr.
iiladstone's consent to its principle " wee but on condition
of relief to the clergy, which he thought would far outweigh
the commenee." Shall Oxford, thee, "discard aid disable
one of the church's most faithful and gifted children just
on the eve of a momentous struggle, of which to man can
say how many generations it may endure, and bow many
realms it may spread over r Mr. liable answen, "No ; a
a thousand times, no."

We (Patriot) regret to learn that the Rev. T.
Ilinney has thee laid aside by severe ieclispoeition ter the
last ten days, and that a 004t1141 of Sunday evening lectures
to the young, which from a feeling of recovered etrangth he
had begun, and of which two were delivered last month,
will be interrupted by his inability to preach nest Sunday.
It is hoped by his friends th►t he will be able to resume
them on the evening of the 18th.

A curie wiz flambeaux was held last Monday
males in tb• court of the Chateau de Compiigoa. There
was shunting party is the forest a few hours earlier, at
which the Emperor aad Empress appeared ia a char-a-Lane.
The Priam Imperial, scoorapsaied by M. Etechou and •
jursuile ens of Geoeml Fleury, was mounted oe • pony.
Le Point de Mire, by MM. Lalache sod Delacrou, was
played as Saaday sassing. The Empress on this oxeriors
wore • grey satin skirt and garnet-coloured tunic, a neck-
lace of two rows of peer* and a eoronct of garnet-coloured
velvet intensparsed with disincisd leaves.

VALE Or NEATH RAILWAY.—Tbe negotiations
which have for some time pant been pending between the
curieon of the Great Western and Vale of Naath Railway
Companies have terminated in an arrangement that the
Vale of Meath Company are to receive 51625 parts of 100
Of the net earnings of the united companies, with a Said
minimum of 85,0001. per seam.
THE SMITHFIELD CLUE CATTLE Snow. On
Weds/day the number of persons who visited the show
was 39,214 . • on Tuesday, 26,d36 ; and ois Monday, the la.
day, nearly 1,900.

LAW INTELLIGENCE.
(TRIO DAY.)

COTJRT OF COMMON PLEA,:.
(Sittings at Nisi Prins in London.—Be.fole
Jim** Erie and • Special Jury.)
CRAY= V. Tlll SOUTH 'ASTMS RAIL% AT
FALSE IMPELSONNEET.
The plaintiff, a young man, had been in the erc
the defendants as a porter, indite claimed to rec .
upon the ground that he bad bees wrongfully I,
and maliciously prosecuted upon a charge of II
a purse. There was also a count for wroogf
from the defendant.' service. The defend.uit,
amongst other things, that a felony bad been
and that they bad reasonable and probable came '
prating the plaintiff of being guilty of it.
Mr. Serjeant Parry end Mr. Worledge appear, d !
plaintiff, and Mr. Lush, Q.C., and Mr. Pol“ul
defendants.

plaintiff's lOCKKIDt of the affair was that "a
the company's service in May, 1863, be being the::...,
18 and 19 years old. His twee were 164. a week.
addition he received gratuities ; as much as 3i, cr
day. He was placed at Folkestone, sod on the 31nE
1863, a train arrived at the platform at William
He picked up a blue leather purse on the platform •
was taken some luggage in a barrow to the v.o. !!
• gentleman who was standing by if it were Lis, 4.:
ing it was not, he went to the trio and rete,,..
inquiry. A gentleman with • hat on said it a ,
and witness gave it to him. At this time he did ov.
that it was his duty to give the purse to the static:,
Half an hour afterwards the station-master b. •
before him, and ashen if anyone of
.•
parish
und a purse, and witness said that he had,
given it to a gentleman. Mr. Nazar, whose
lost a purse, afterwards received a deicti;
the purse from witness, and said that it a,,
his wife's, se her's was a brown one. Mr. •
went to witness the day after, and sail that h,
-7 ..

witness had the purse, for Mr. Minter, 4 solicita;, .
him pick it up. Mr. Nazar said he would give
quarter of an hour ; at amend of that time he said L.
give him ball an hour, and afterwards that
give him a night to sleep on it. The
day Mr. Nazar cams again and spoke
country polioeman on the platform. The
came to witoess, and said, " 1 want you, . .
know what it is for," and added that witness w-.
him as soon as the train had gone. Witness went

the constable said that he wes going to advise
brother that if witness had the pane he was t,
into his (the constable's) pocket, and he would hand
to Nazar and say no more about it. (Laughte:
the 7,th October Sergeant Strickland, a po!. •
stable engaged by the company, came to ,
on the Folkestone junction platform and took L•
the waiting room and tried to lock the door, hot
was broken. He said he had come to try and
piece of business about the purse. He naked wit...•
he bad done with the old guinea. Witness said tt
not had nor seen any old guinea. Strieklisod sail •
is Met the answer I want you to give me, tall •
you up." Witness put on his hat to go with
Strickland told him to sit down• and asked if be
to go with him to any pawnshop in Dover or
Witness replied that she wee, end Strickland
" Come along with me to the statioo." About
there Strickland stopped and asked him if he bad : .-
with that old guinea anywhere, and what be had .
Witness denied all koowledge of the guinea.
in the course of saying what things be had
Strickland mid he should lock him up. de leer....
place where witness lodged and was shown into t• e t.
room. He took a boa from the m*utelpiece, wt.
tamed the bill of a watch which witness bal
21. Ss.,and also 17s. 9d. He said, "Oh, I shall taae cart
this." He asked where the watch was, and ait
pointed it out hanging against the wall.
witness a shilling of the money to go on with. Ile::
witness to the station, saying that he was not sure
the company would go into it, but he did not
they would. He left witness at the station, Whin; L_
go on with his work. The next morning whines was ,
Ettl, and be went to the residence of his p.a .• !.
y, near Bow. Oo the 14th October StrickL..l
to the house of witness'efisther and inquired for
saying that he wanted him for stealing the purse
to Mr. Nazar containing au old guinea, 2j soreness
7s. 6d., three five-franc pieces, and a pearl ring. Wit
mother asked if be had a warrant, and he mid be had t.-
She asked him to go with witness to Mr. Freeman,
eitor's clerk, who had been consulted, but he
" Woman, if you interrupt me in my
I shall treat you with severity," and etaz.;
with hie foot. He took whams is a
to Mr. Freeman's office, end afterwards to the toe.
station. At the station Strickland said, "If I was a
F.
chap like you, expecting 18 months, I should bolt" •A
ness said he had nothing to bolt for ; and thee *
together in the train to London. At Loodon.heidge •ttn.
land went into two offices, leaving witness alone outole f
three minutes. They went down to Folkestone, end on
way down Strickland got out at Tunbridge, leaving s.•
by himself in the carriage. Going down Strieklati
that if be toned out these sort of things it was f •
in his cap. At Folkestone witness was charged who
ing the puree and locked up all night. He had tiothc;
eat from the time he left Bromley until the •
morning, except that Strickland bought • pet:
worth of walnuts in London and gave witness tit
(Laughter.) He was remanded by the magetrat,
bail, and afterwards committed ; but the grand jury on
fah January throw out the bill.
For the defendants it was said, in answer to the count
improper dismissal, that the porters were liatJe to be
missed on a fortnight's notice, and that the oompaty
paid three weeks' salary into court.
Mrs. Nazar said that she had lost a brown leather pt
with steel clasp, and containing the property which had
mentioned. . _

Mr. Minter, a solicitor, said that he had seen the plainP
pick up a pure of this description on the platform, i
to a gentleman, and af onwards make inquiries of perinea i
the train. He then went to the luggage vaa, and mei
his hand as though putting the purse into his breech
pocket.
Yr. Nazar said that having heard from Mr. Hinter
the pure was found, he went to the porters at the auto'
and asked twit", " Who was the fortunate man that pvis
up my wife's purr r but got no rimer. A porter she
wards said. " I think that man (abs plaintiff) has." Wire
said to the plaintiff " You have got my wife's pure
bet the plaintiff said he had gives it up to a Iry ft
claimed it. Wirer said, " What colour was tit" ia
plaintiff said, " Blue." Wirers replied, " Theo the
sat stir as all." The porters were afterwards called ben
the nation master. Oo another 00CIIi011 the plaintiff as
that he had givea the purse up to • tall gelitlemeo wit
moustache*. .

W
------.
James Strickland, a metropolitan polioseermeek is th
employ of the compare y u a detective, said that he wu t:J
played to investigate the matter, and saw the phoot.d ti
the platform at Folkestone. After hearing the platat..ll
account of the matter valises said it was run.rubli
straightforward, and sated if plaintiff had say ob,l,Lot
witness going to his lodgings to see whether there wu
thing there to alter it. Plaintiff said be had noes. and tt
went over; previously theplaint,ff told hint that the oc,l
things he had purchseed since August were a pair of trot
seen sad a waitionat. Witco's found on the mantel Om
of the lodgiags a hill dated Sept. 21, for a watch pr.v.1'..1
Plaintiff said ha had changed it, away for another cel
price 41. 45., which was hanging against the wall. Thin
wu also a silver chain, which cost We.. and a new to d
boots, which plaintiff said he had bought a mouth pre,
Witness said he must take charge of the timPii:Y.
' plaintiff replied, „Yon may take me too, if you
He added that he would pay the amount of t
contents of Mn. Naues puree by iestalmenta
be knew he had due wrong in giving
puree up to a gentleman. Down to this time witness
nothing about taking plaintiff into custody. Witoes
himself in communiettion with Mr. NIZU* and Mr.
and heard frosts them their impression that the plaincl
the purse ; and having reported these Mecum 111•001...60
cried instructions from Mr. Freelaud, the comps*
sitar, to apply to the magistrates fora summons egatnit
plaintiff, and he saw Mr. Hart, the clerk to the justice
Folkestone, who said that there was no medium c'
and witness could take him Mt • custody.
The Lord Chief Justice said that it was very much to
regretted that Mr. Hart had put any obstacle in the va
of a summons or a warrant being granted by a magigratt
because such a course would have been a her to Pre
cealings, if the parties had acted without malice.
Wawa', in continuation, said that it was not true flail
when he had the plaintiff ill custody he advised hinfftci bolts
nor that he said anything about it being a feather it el
nese'. cap. At Logsdon-bridge witness looked into an otA
but he never took his eye off the plaintiff.
Cruet-euratined—lf the plaiutdf was not in uric& of
the sth October how was it you took possession of th;fve
petty and his money ?
Witness—Because he coneuted. Witness gave biu It
from the box, and the plaintiff pat it into his purse. '24
Witaflu saw that there was a helf.erown is the puree.

Payne a porter, was called to gi.e evidence io rep..l
cud he reet.raducted what Mr. Nazar said as to Whit tool
place bet Ween him and the porters on the aftentooe of tl.l
loss. Mr. Nana, spoke to eriteess alone about the put*
cod witnees referred him to the station-master. Mr. N.:14
did not ace the other porters until they were called WWI
the station-master.

Some other similar evidence was given, and it w 11,
stated that the plaintiff bad ant said that be had 012"
pane to a lady, but always said it was to • goottamss
a white hat sad a moustache.

fitnckland was recalled, and said that there was A Aly
scriptioo list for the defence of the plaintiff from the rbs:4
of felony stack up at the Railway Tavern. Folkestoba
witness seeing that it was written upon the con i
paper ordered it to be taken down, and it was removal
gives to him.
Kr. fieriemit Parry drew attention to a clause io
• ill
Police Act which directed that any policecoostablr obi
took a person into custody should remove him to the veto
police statics., is order that he might he taken Wore
magistrate, and submitted that the plaintiff mat
damages at all sweat. for being taken to Folkston e Mt*
he was locked up.
The Lord Chief Justice said he would take a Dote of
points;tb
and subsequently, in summing LW. ha stao t 4.
though then were lowssul counts in the declaratioe it imam

to be speed that the real question for the jury was whether
padony had been committed. and whether the defendant
reasonable and probable cause for suspecting the plain.
tar of at.
fbe jury, after considering the matter for half an hoax,
found a verdict for the plaintiff—Damages, 811.
COURT OF PROBATE AND DIVORCE.
(Before the Judge Ordinary.)
FORST= IP. SCOTT AND PIUNCZ.
. _

This morning, at the suggestion of the Judie, the case was
gd.ourned, all imputatioas on both sides being withdrawn,
as:l a verdict being taken for the plaintiff by consent.
The court then decreed probate of the will and codicil.

STONE V. !STONE AND APPLETON.

The Queen's Advocate and Mr. Lopes for the petitioner ;
Mr. Coleridge, Q.C., Dr. Spinks, and Mr. Searle fur the
respondent.
fail was the petition of Captain Stone for a dis-
solution of his marriage with Matilda Catherine, his
wife, on account of her alleged adultery with Mr. Robert
Appleton, against whom he claimed damages to the extent
The respondent denied the charge. The co-
Aupuudent, under somewhat peculiar circumstances, did
not appear.

The Me has already been tried, and the leading facts in
it were as follows. The respondent was Miss Slack, a
daughter of the rector of Morton Hampstead, Devonshire,
and the marriage took place in March, 1834. A son of
Mr. Slack had also married the petitioner's sister. Captain
stone and his wife shortly afterwards went to India, where
they remained till after the mutiny. The petitioner then
came home on sick leave ; and ill the summer of 1858 he
too to live at Budleigh Salterton, near Exeter. In the
A it of the following Tear the petitioner returned to India,
but the state of his wile a health did not permit of bar ac-
companying him. She had previously had three children ;
and soon after hnsband's departure she was confined of a
fourth. She had been left by the petitioner under the medi-
cal care of Mr. Appleton, a surgeon, who was practising at
l;udleigh. On the god of M, 1861, the petitioner mein
returned to hie wife ; and on the 2nd of the following
Januarv—that was—in thirty-three weeks afterwards—the
respondent was delivered of a fifth child. lo the previous
Dece:Lber her husband had accused her of infi.
delitv. and after the birth of the child, which took place in
loil.Migs at Exeter, he filed his petition. Previous
to his return, Mr. Appleton disappeared from Budleigh ;
oil the suit having proceeded in his absence, the case was
Dien against him pro confeaw, the jury awarding 2,0002.,
against him as damages. The chief evidence against the
respondent was the testimony of a surgeon named Webb,
who had deposed that the child at its birth was of mature
Growth. A new trial was moved for on account of the great
prejudice from which the respondent had suffered on
account of the absence of the co-respondent, and also
on account of the extremely unsatisfactory evidence of
Mr. Webb, who had died before the trial, and who
had been examined by a commission. The late Judge Ordi-
vary refused the application, but an appeal wee made to
the full court, which consisted of Sir Cromwell Creswell,
Mr. Justice Wigbtman, and Mr. Baron Channel. Sir C.
treuwell died before the decision of the ooart was pro.
pounced ; bat the remaining judges granted a new trial as
prayed—this judgment being the only instance in which the
ruling of the late Judge Ordinary was reversed by his col-
loves In the meantime Mr. Appleton, who had gone to
America, was found ; and he sent over affidavits stating
that he wu not cognisant of the proceedings against him
until just before the trial ; that the moment he had heard
of them he set off to return to England, but that before
he could take ship he was informed of the verdict ; that
having left England in the first instance to avoid his cre-
ditors, he dared not return with a condemnation in damages
to such an amount hanging over him ; that be was perfectly
innocent of the adultery of which he had been convicted by
the jury ; and that his sole motive for leaving
Budleigh Salterton was one connected with his pecuniary
embarrassments He prayed, therefore, that as there was to
be a new trial he might be allowed to appear and answer the
petition. This was opposed on the part of Captain Stone, and
N:r J. I'. Wilde refused to grant the application unless the
co•respondent would give security for the costs of the new
trial. Mr. Appleton being unable to do so the case again
proceeded in his &boom.
[This morning the Queen's Advocate proceeded to open
the case, and the examination of witnesses was being
Proceeded with when our report left. ]

MIDDLESEX SESSIONS.
(THIS DAY.)

(Before the Aesieteat•Judge.)

THE DL,ORDEIIiS HOUSES IN OIZSDEN•ATItE[T, BATNARCIT.
Jane Gale and soma Payne, were indicted for helping a
disorderly house at No. 16, Ozenden-strest, Haymarket.
Mr. Le Breton prosecuted, instructed by the authorities
of the parish of St. Martin-in-the-Field,; Mr. Sleigh ap-
peared for Gale, and Mr. Metcalfe for Payne.
The prisoners pleaded guilty to the charge of keeping a
common brotheL

Mr. Le Breton said this was the house to which • young
woman had been drooped by a gentlemen, from Ilarylebove
workhouse, under the pretence of miming her as a wet
nurse. There had been frequentdisturbances at this house,
and gentlemen had complained of being robbed there.
The Assistant. Judge said that there was a difference be-
tween the two prisoners, and as regarded P►yne, who ap-
peared to have been acting under the control of the other
prisoner, he should call upon her to enter into her own re-
cognisance, to come up for judgment when called upon. As
regarded Gale he should nil upon her to pay a fins of :AN.
to the Queen, and to be imprisoned until the fine was paid.
In the course of half an hour the One wee paid.

THE POLICE COURTS.
(THIS DAY.)

CLEARED WELL.
THI PLIBLIC-HOOSE CLOSING ACT.
Arr. .E. 74 Turner, of the Coach and Horses, Coach-and-
Horses-lane, Islington, was summoned before Mr. D'Eyn-
court, for unlawfully keeping open his house for the sale
and oonsnmption of exciseahle liquors between the hours of
I and 4 a.m.. the same not being for persons living in the
lionse,contrary to the provisions of the Public-house Closing
Act, 1O 4.

George Langton, 7N, mid—Os the morning of the 29th
inst. he was poison the defeedast's house about half-past
3 o'clock, when at the side door he saw a man vary drunk.
Be went into the house and saw the landlord with two man
very drunk. He saw eight wine bottles. The landlord laid,
All right ; have a glom of wine, and say within about
it." Be told him that he °mild coakl not do that.
The defendant said the 28th November was his birthday,
and be had three friends with him from about 10 o'clock to
No one stirred out of the house between 1 and 3.30.
His (finals were in the bar parlour. No money passed
whatever. The wine bottles referred to were only reputed
h.:f•piats and when the emulsible came in the corks had not
been drawn out of some of them.
The evidence of two of defendant's witnesses soprorted
this statement, and Mr. D'Eyncourt dismissed the summons.

WAN ISWORTH.
PINGOLAR RAILWAY DISITTI.
Mr.liani Waters. of No. 24, Crest Ormond-strest,
Bloomsbury. appeared before Mr. Daymae. to answer an
adjourned somrooi.a by William Harrison, on behalf of the
Landes, Ch►tham. end Dover Railway Company, for that
be did on the l..th alt., being a passenger by • third elan
carriage belonging to she company, and having paid his fare
to ride thereby to Stewart's-lane station, Battersea, unlaw-
fully sad krixeringly proceed beyond such distance without
previously paying the additiorial fare, and with intent to
avoid payment thereof.
The defendant did not appear on the first bearing, but was
represented by a friend. A duel:mien ensued between Mr.
l'hach, on behalf of the company, and the magistrate, sod
Ultimately the summon■ was amended by eminent. The
latter part of the summons was struck out, and the following
words substituted :—" Neglect oe arriving at the point to
which be had paid his fare to quit the carriage."
Mr. Church stated that the defendant took • return
ticket from Victoria station to Showart's-lane, but instead
of alighting at the latter Kathie he proceeded on to the
Wai,Jsworth-road station, where he gave up the first belt of
his ticket. The additioeel fare of 2d. was demanded of
him, but be refused to pay it. He (]fr. Church) mentioned
to the magistrate that the fare to Wandawortb-road
elation was the same as to Stewart's-Ivan, but the CRSe was
Dread on principle, for the giving up of tickets not avail-
able at stations to which they referred created confusion in
tie accounts of the company and trouble to the officers.
The defendant now attended, and explained that he
rode to the Waedaworth-road station by mistake, and that
he afterwards took • ticket from that station, and rods
tack to Stewart'sfase.
Mr. Church argued that the defendant had brought him-
self within the meaning of the act, but
Mr. il.srilsn was of opinion th►t he hail not knowingly
committed the °frown, es ha found in fact that it arose from
a mistake. He dismissed the summons.
The defendant offered Mr. Church the twopence, but he
refused to accept it.

GALLANT LIF.RTICILS OP THE FL/MOUTH BRACH-
'N.—CHEAT YARMOUTH, TIICIUMALT NIGHT.—i have to
report (*eye Mr. Matthew Botcher) the following ser-
vices rendered by the large lifeboat beloogiog to the
Natioeal Lifeboat lestitutioa at this place. Lest night
molds of distress were heard from the St. Nicholas light.
.'.l,—the wind blowing fresh from the S. at the time.
Ih, large lifeboat was maeoed by beachmeo belooging to
all the companies, and proceeded off to a weasel oa the
r'.).5 Sand. The lifeboat remained by her all night, and
e• ..tually succeeded in rescuing the shipwrecked crew.
1., vessel proved to be the Austrian brig 74rnizza, booed
from London to Snaderlaod. On this occuioe, when no
.tease tugs had previously been employed at this wreck,
there W 44 no hanging back on the part of the beeehmeo,
but oe the contrary they one and all showed the greatest
pioroptitud• in warming the lifeboat.
TUE FAILURE OF • SHAREBEOEER AT LIVER-
t. A• arrangement having bees made between Mr.
I:4ert Rm., the Liverpool stook and share broker (who
twurne baekrept is September net far 560,0001.), sod his
"ors for the payment of Ca. Sd. is the pound, the
hiricrapt:y ban ben annulled.