The Express.
London, England, 1863-12-01 00:00:00

SMOCKING ATTEMPT TO MURDER.

Yesterday, before the magistrates of Wordsley,
small town seer Brierley.hill, in Worcestershire, three
ili-
loobog re/4ns, named Benjamin &shammy., John Silas-
peare, and William Bennett, were charged with attempting
to murders collier named Thomas Tomer. At Moor-lane, a
straggling out-of.tbisway place near Wordaley, is the Nagar's
Field Oolbery. On the evening of Saturday week, the one-
honor of the colliery were fastened in the usual mapper,
and the premise' were quitted. About eight o'clock, how.
ever, Turner, one of the colliers of the pit, while pima(
near, saw • light in the engine-house. Peeping in at the
open door, he saw two of the three men attempting to re.
move the nets which secure the engine brasses. Be had
watched bet a moment before he was perceived. One of
the burglars rushed out and gave him a violent push,
and the other, with • hammer, struck him a terrific blow
is the front of the bead, and laid him senseless on the
ground. On recovering coosciousoess he
°managed to
crawl to the nearest public-house. Here it was toned
that he must bare received • second blow from the
hammer while senseless from the effects of the first. The
bone just above the nose was fractured, and be had a wooed
there two inches deep, exposing the brain ; his nose wee
smashed, and his cheek lay open in a gash. It was thought
that he would not recover. Now, however, it is hoped
that he will be able to appear and give evidence easiest the
three prieosen on Monday peat, thei dto which they
have been remanded. They are supposedto be the guilty
our, both from the description of is assailants given by
the wounded man himself, and from their whereabouts on
the night of the affray. One of them is a notoriously bad
character. Turner is stall unable to sea

DREADFUL COLLIERY ACCIDENT.

LAW INTELLIGENCE.
(THIS DAY.)

COURT OF QUEEN'S BENCH.

After tam aittmp at Nisi Prins at Westminster.— (Before
Lord Chief Judas Cockburn aud a Special Jur►.)
SYYY r. TRAUB AND aarmizwa.—THZ FITNAOHDINAIT

CASI or ALLEOID LUNACY.
The Lord Chief Justice summed up the PM this morning,
and
The jury immediately returned a verdict for the do-
fondants.

COURT OF PROBATE AND DIVORCE.
(Before the Jude* Ordinary.)
MITCHELL V. GARD AND KINGYILL.-JUDGMENT.

Sir James Wilde delivered sentesos on the poiat of CO";
which was elaborately argued last week. The question,
who should pay the expense of a private cause, he said,
ought to be answered by the further question whose fault
was it that the litigation was commenced ? Where
the suit was occesooed by the state of the
testator's papers, it was only just that his estate
should hear the burden. It was also just that the next of
kin should have a right, without being condemned in meta,
to put the executors to solemn proof of the will ; but when
the opposing party put affirmative issues on the record, they
ought to pay, If It was found that they bad no fair ground
for so doing. The court, therefore. had come to the
following conclusion;— Where the litigation wu owing
to the fault of the testator, or of the residuary
lleeggaattese, tie outs would come out of the estate ; and where,
taking into conlideration the knowledge, and mesas of
knowledge, of the opposing parties, they bed bad reasonable
grounds for questioning the will, they Wight be relieved,
when they lost, from defraying the expenses of the ether
side. The public had a great interest in pre-
venting doubtful wills from being sully admitted to
proof ; but, on the other bud, it bad as
equal interest in affording no such stimulus to engage in
fruitless contests as might be given by a couciousases that
the cost of them would he paid by other parties. He be-
lieved, therefore, that the rule which he had just laid down
would meet the justice of the use so far as it was potable
to do so by any general provision. In the present
case, having matured with his learned brother,
Mr. Justice Byline, be considered that Mr. Gard,
the residuary lwitee and professional man who bad draws
up the will, had been guilty of improper aoudad is the
boomotims, particularly I. having omitted the mom of
leptons whom be knew the testatrix had ordered to be
Mewled, although they had escaped bee memory at the
moment of the exasabou of the will. The court would
therefore order the web of the plaintiffs to be paid oat of
the agate.

CENTRAL CRIMINAL COURT.

(THIS DAT.)

(Bdore the Be cede.)
_ _ _

Thomas Cans, 24, Jolla Baker, 30, and Gene Gas"
27, three por-offke letter.carrisee, pleaded guilty to charges
of reeling letters arteries nosey.
These were ordinary ears, with the exception of that
of Baker, who, it appeared, bad stales a letter or-
wain a bill for 1001., and that he forged an indorsement
bit end obtaird the moony.
The Recorder gentanced Gillum to three, Cats to four,
sad Dakar to live years' penal servitude.
Jain Yates, a yore( alma, who was brought before the
come the restadyf ci • warder of Millbsok Priam, was
charged with wilful and corrupt perjury.
berjeant Bengalis, was specially retaised to pr oem%
with Mr. Sleigh sad Mr. Beaky ; Mr. Babies sad Mr.
&ridge Were comerel for the defers.
The alegnmstrices of this MAO were somewhat peculiar,
hurt the fact that the primmer is a arra, at preset
undrgolag a serene, of 10 year' petal servitude, sad
the tor is also undergoing • aseteser of L'i years'
pest servitude, hare( been convicted ishielly upon the
riders given by the Ferriage ; aid the present
10 W. takes with a view to show that the avidenci"ginag
the parer wee sot roe, sad to procure a reveres of
his metros. The offers for which the prosecutor
was convided was that at reosiviag stoles gods,
and
and the roundanose seder which he was (
ban her is brume* before the pablle that it
will may be agesermy le give a rise macoset
ef them. Oa the 18th al Member a burglary vas com-
mitted is the sleep al a peter aimed Lyre, • boot and
eixesesekae, mad a large gratity of leather, he. to the
rhea 300 L, wee rasa. &vend charges arose fries this
tweet
aid • man areal Ohre wee charged with the
the gunner, who wee Newell at that thee
emirs of peed elevated*, pre widens
sere ars, and la that ordure be mails • shrearat whisk
riposted llereett, the peemepreneeetar, b the burglary,
upon which Mr. Ogermiedere Karr, Ware whom the ease
was being tried. keeled that Reeser reenkl be takes Is..
eereiy, and with rearing the grads in quirks.
Hew takes before the magistrate at 0.01.
ball, when the p.. evidence 'groat him, which
foam the gelded of the preempt indictmeat. He stated
apes oath that Oboe was the man who com-
mitted the burglary, sod that be immediately carried the
goods to the bore of Everett, who bought them at °ace for
351. wiliest seeing what they were. The prisoner stated
that be himself ear the goods taken by Clow to the peon-
antale holm end saw him pay the mosey. The elliptic*
el*. perjury was that at the time of the burglary (the UM
lleasorre) the erfareer, who stated that he saw the
goods tare to the boom al the prosecutor, was ea that date
erased in Havesmariprlane goal, where be bed bees
✓ase about the 7th el the awe rasa* upon a dorms d
burghey, at goer ether phis*, se that he could sr lave
bees priori as be bad alleged on the 18th al December.
(The trial was promedleg whim we west to press, sad
was likely to row the whole al the day.]