The Express.
London, England, 1863-04-24 00:00:00

THAMES.

Matvaret Harare* a widow, about 36 piano( age, who
bail been leading a very irregular life, was brought before
Mr. Partridge, charged with the wilful murder of her ille-
gitimate child.
Frederick Lincoln, police-constable, No. 291 K, said that
a men came to him on Wednesday night on dm Globe-
bridge, Mile-end-road, and informed him that a woman bad
just been down to the hanks of the canal with an infant is
her arms, and returned without it. The prisoner was
pointed out to him as the person, and be saw Ler about 12
yards from the canal, amd walking sway from it. He asked
her what she did there, to which ass made no reply. He
then asked her what she bad done with the child which she
was carrying • few minutes previously, Ind she said shelled
given it to a women. He then took her into custody, and
told her the charge against her +Hafer mskirigavray with her
child. He looked about the place where he first saw the
prisoner, and at 2 o'clock that manning found an old bedtick
lying close to • gas lamp in the Longfellow-road, near the
canal. He had same dragged the canal near when he took
the prisoner, but could not find any child.
lusPecturOriffin, of the K divissoo, said the prieooer had
been charged missend times with deserting her throe Wadden
and leaving them cluirgeaLle to the ALlmeud Old Town.
He knew she had been once sent to prison. One of her
children, an infant, was illegitimate, and the father of it
was a man named Downey, with wbom she cohabited.
The prisoner said that all her children were in the Mile-
ead workhouse.
. _

Mr. Partridge—That can be very easily asoertained. Your
conduct on Wednesday night was very auspicious, and I
shall certain' remand you. Where is the man who first
called the tin • 's attention to the woman

Liocolo —He is • postman, and cannot attend now.
Mr. Partridge—He must be here.
The primer was thee remanded.

EcrorroN or A COMMON COUNcILMAN.—A ward-
mote wee held yestenlay afternoon in the vestry-room of
St. Magous Church, Upper Thaaies-entet, for the electioo
of a common oouncilmau for the ward of Bridge, in the
place of Mr. James Low, deceased. Mr. Alderman Abbias
took the chair. There were three candidates proposed for
the vacant officio—mutely, Mr. George Pay, Mr. Charles
Muroran, and Mr. John Thomas Mom. A show of hands
was taken and Mr. Pay was elected, the other candidates
declining to demand a poll Mr. Pay, in expressing his ac-
kaowledgtuents, strongly condemned the attempt on the
pert of bir George Grey to inteifere with the rights and
privileges of the citizen. A vote of condolecoe with the
widow and family of the late Mr. Low—who, it was stated,
bad represented the ward in the corporation upwards of
thirty yearn—was unanimously passed.
DARING BCROLARY.-011 Wellueaday laid, at the
Doncaster West Siding Police-court. George Downa, alias
Wapping, was charged with being coucerned with others in
a burglary at Price College, Tickhill, the residence of Mr.
Willuun Shaw. The facts were most singular. A nephew
of the prosecutor had, after accompanying the prisoner and
a ticket-of leave man named Selby to his uncle's and given
them every information, shared the proceeds of the robbery
with them, and then turned approver. He accompanied the
ticket-of-leave moo (who found the holuebreaking imple-
ments) and the prisoner from Sheffield to Tickbill, a di.-
tones of about 12 miles, ou the night of the 14th of Feb.
ruary last, and the prosecutor and his wife being watched
from the premises, the men broke to, Ellis watching to see
that his uncle and aunt dial not return to surprise them.
Selby has already been convicted and sentenced fur the
burglary, and Downs, who had abscooded from Sheffield,
was not taken until Friday lan. He was committed for
trial at the next York arises to answer the charge. _

A GAROTTER STABBED.—An inquest was held
yesterday by the Sheffield coroner, on the body of a man
named Peter Tierney, who was killed by being stabbed to
the heart in the street a few days no. The evidence went
to show that the deceased bad been, most meetly, killed
while attempting to garotte and rob a foreigner, who had
been inveigled tato a house where the deceased lived as
bully." The deceased bad been a source of constant
trouble to the police for many years. He bad undergoes
periods of aix and twelve months' imprisonment, and at
Doncaster, four years ago, was asstsuesd to four yoan'
penal servitude for a violent garotte robbery.
• •

FIRE NEAR HATTON-OARDEN.--Leit night, be-
tween 8 mod 9 o'clock,. bra broke out in the premises occu-
pied jointly by Minn. Holmes, wholesale boa and shoe
warehousemen. and Messrs. Coulon and King, jewellers, in
Lestbar•laoe, Hatton-garden. The tune■ were °Defined
principally to the promises in which they commeocel,
although wine olthe surrounding houses are damaged by
the and water.

-----• .
A frightful sect lent is reported from a paper mill
war Preston. A workmen was, *plod the rules of the
null, climbing the machinery whilst in motion. He was
drawn behind the ny wheel sad literall, taro la pieces.
Qomum —The medical profane; the "Lancet,"
Dr. Hawn, and others, recommend " Waters' Quinine Wine"
as an est:easel and simple stimulant. Lamaism:red only by
Robin waken Martieslane, Cannon-street, Leaden, LC.
Sold by grocers. Its 4uwarehousemen, and others, at We. a
down. Wholeside &oath E. Lewis and Co., Woreseter.—lAd-
eatimment.]

[TWOPENCE

THE BALA KIAVA CHARGE.

TES UAL OP CALIMMGAN V. LUMM,COIOOIIG TOM aoN
POMMEL PALIOTCALTPORPS.

In giving judgment in this cum yeeterday (briefly reported
in LA nights Azpress),

The Laid Chid.TinatiOS said—l should have had no besitatior
in granting the rule if application bad bees made inisediate4
alter the publication of the second edition of the book. The
first edition speaks of Earl Cardigan's horse having swerve',
sod carried him away against his will. However mistaken
and inaccurate that statement must have been, as is clearly
shown from the affidavits that have been read to us, etil
, there appear. to be no such malice in the statement es to
warrant us in granting the criminal ieformatioa ; but in
the second edifice the statement assumes a
totally different complexion, for it certainly
im-
pputes to the noble lord downright military misconduct.
It on the appearance of the second edition application bail
been made to this court on such affidavits as have now been
read, there would have been no hestation in pasties the
rule. The difficulty arises from the lapse of time between the
publication of that edition and this application.
Ir. Bovill—l will endeavour to show your lordships how
important it is that some opportnaity should be gives ta •
the Earl of Cardigan, without his being driven to brag an
settee, to viaditate his character from this unfonadel
charge.
Toe Lord Chief Justice—May we not hope that what has
already taken place in this court will be abundant fur that,
Pers, _ 'Raid not, coesidering the feeling Litt -
Imaist-Colooel Calthorps has exhibited m the matter.
fortunately from some masa, from some bitterness of feet-
iag, he refuses to exonerate Lord Cardigan from the impute -
thine he has cast upon him. Several gentlemen, friends of
bothsartist have eudeavonred to induce I.4euteraat-
c
Calshorps to correct those errors is his
work which Earl Cardigan complains et. When
Earl Cardigan, from the extreme fatigues of the
service—the hardship be had undergone, and from his gene •
eel state of health, found it necessary to send in an impli-
cation to be swab:tea by the medical board, they afterwards
reported :—'• Lord Cardigan is mush reduced in etreagth,
and the board, considering the serious character of his com-
;4i:ld reoommend that he may he allowed to prooeed to
for the recovery of his health." The staff officer,
however, Mailed in this way :-- Lard Ginkgo has sent
is his ruigastion to laid Raglan on the some of illness, and
consequently • medical board was ordered to assemble and
report upon his case • and it was decided that he is until.
to continue in Command of the light eavalry
the latter part being in italics. That is the spirit which
the author has shown towards Earl Cardigan ; but it is only
right to state, that when his attention was called to it Le
expressed his regret, and subsequeatly eat out the remit
in full. Earl Cardigan endeavoured to obtain a court-
martial on the author of the book, but the authorities at the
Hems Ouargla refused it, on the ground that it war not
military offence. Failing to get any redress fiuseffilsien-
tenant-Colonel Calthorpe, and thinking ittawil poseilile*that
these calumnies might be reproduced b 7 the
noble lord her no other mesas of sleds his diameter
and preventing his name from being handed down to h burr
with considerably obloquy attached to it. His lordship's soli-
citors. Morn. Ward and Co., on the 4th of February last,
wrote • letter to LieutenanteColonel Calthorpe, calling
upon him to retract the statements contained in his
publication :—'• On the part of the Earl of Cardigan wo
must now formally call apoo you to retract the statements
that you have published derogatory to his character MIA
ocmduct as an offiosr, to make an ample apology for hauls,,
been the twain of giviag circulation to them, and either to
: stop the sale of any further copies of your work, or append to
them to a conspicuous place an explanation that shall be
satisfactoey to his lordship. It this request be not con.-
with on your part, Lord Cardigan, fealties it to Ware.-
lately essential to his owe reputation that the calumets'
that have been circulated against him founded upon the
statements in your book, 11811 which are so iejuricats to hit
reputation, should be clearly and distinctly refuted.
i has instructed up to state that it is his intention to take
the necessary legal means to vindicate Uicuself, and so
that the army sad the public may at least know the
real facts connected with the lialaklava °barge." On
the sth February, which was the following day. they re-
ceived the following letter from Licuk-Colonel l'althimpe :
"I have most carefully perused sad spun my heat conside-*
ration to your letter of yesterday's date. With niferenos
to its teeth paragraph, which may be said to embody the
whole, mid in vibich p,opaations are made in ceder to nay
further proceedings, have only to 'savaging regret time
I sweat amply with the request therein made ; nor is it
my attention to withdraw thy one asterthre objected to by'
the Earl of Cardigan, as contained in the last edition of
• Letters from Headquarters.' " Since that time the sale of
the book his cootinued, and your lordships will see in what
a painful piratic@ Earl Cardigan is placed if you refire him
, this rule, as it will he in the power of Lisat.-Celosel
Cal-
thorpe to my that on the sth of February he refused to
retract • single charge, and that he has continued the eels
of has work.
__ - - -

The Lord Chief Justioe—Do you know how Ur this ski:-
Una is exhausted!

Mr. Justice Crompton—Yea don't appear to being aey-
thiog personally home to Lieutenant-Coloael Calthorpe.
Probably be bee sold the copyright.
Mr. Bovill—We have called upon him to atop the tale of
the book.

The Lord Chief Justice—Lieutenant-Colonel C.ilthorps
might be in a position of difficulty from which he might
not be able to extricate himself, from having sold the copy-
right. If you bad ceme when the first edition wee poi,-
fished, and bad complained of its contents, you would
undoubtedly have got a title ; bat the difficulty is,
you have allowed three editions of the work to be published
and sold without making any complaint. I am mach die-
posed to think after the manner in which the Earl of
Cardigan ham by bin own affidavit as well as three of seemsf
distiuguished officers and soldiers vindicated himself hem
the imputations which have been cast upon him, that oaths
puhlicatiou of another edition containing the objectiocable
m his lordship would have stromr grounds for aiming
ben and asking for our intervention. The difficulty r
whether by the rule laid down for the guidance of this court
io applications for criminal informations, we ought to later-
fere with our summary mod prerogative juriadictMa.
Mr. Bovill—l must directyour lordships' attention to the
answer sent by Lientenant-Colonel Calthorps to the letter
he received front Earl Cardigan's solicitors, asking for an
apology, cod cessation of the sale of the work. He doom
Dot to hie answer say that he can't do se, but that he
won't. It is utterly impossible, therefore, that Lord Car-
digan car allow the matter to rest, and more especially
after Lieut.-Colonel Calthorpe's letter, which was written
since last term.

Mr. Justice Mellor—That letter is no fresh publication of
the libel, it is only a letter written to Lord Cardigiui's
solicitors.

The Lord Clad Justice—The Earl of Cardigan is not
wholly without & remedy. He can bring s oird action,
when it would be open to Lieu.-Colonel Calthorpe to nuke
good his statement if he can, or you can proceed by indict-
ment, which will give bim an opportunity of alleging that what
is stated in the work is true and for the public interest.
Mr. iinvill—But then Lieut.-Colonel Calthorpe cannot be
examined.

'l'ne taird Chief Jostice— No ; but as be appean to have
no personal knowledge of the affair, it does not matter. It
winild he noesk to him to all those on whose ►uthority he
has made it.
Ala. Bovill—t think it i, much better if Lieut. •Colosel
Caltborps can substantiate his statements that lit, should
come into thi. court and do so.

The Lard Chief Juatice—Truly ; but we aro not dis-
posed to btw► through an established precedent and Ise
More a new one that might be productive of inconvenience
in future. It might be questionable whether the rule ought
to be relaxed which would admit of its being applied to
newapapers, im e.t.a where the articles containing the
alleged Weds are net repeated, or to allow of an application
being made for • criminal information, where a newspaper
alludes to a matter published some years Wore. which was
Afters:me further dierundoe

The Lord Chief Jwitice moot but feel that you
hove come to this ?wart too late. Lieutenast-Colonel
Calthorpe has proliably disposed of the oopyright of the
work, and has now no control over it. if we time you the
rule it is upon to he met with the objection that you have
applied too late to this court.
Ar. Bovill —I am quite content to take the rule cria that
°audition. The Earl of Cardigan feels, as every altar must
feel, that it is impoesible to avenge the insult fillet hes been
cast upon him where it is not • military offence, without
coming to this coast. He cannot have receune to the old
system of arbitiiment todecide this matter.
The Lord Chief Justice —And which if he could would
prove 'bathing one way or the other.
Mr. Bovill—lt is for your lordships to say whether. is
the exercise of your discretion, you will grant a rule to allow
three persona, who hold very high positions, to come into
this court sad have the matter investigated.
The Lord Chief Justice—l don't think we ought, for one
moment. to look at this question with reference to the pan-
ties of the pettier, but to deal with it just ea if we had two
of the humblest of her Majesty's subjects before us.
Mr. Bovill—Your lordships will see that this is something
more than an ordinary action for libel.
The Lord Chief Justice—Another ditiscaity that I see in
the thee is that this m nut like a libel its a newspaper. It m
ant • mere temporary or politiod publication ; but •
standing wank of which copies are being now oontinually
sold. If you take the rule you must take the chance of Ma
being dieposed of on the technical ground of time.
Mr. Bovill—l am quite content to take it so.
The Lord Chief Justios -- If Lieutenant.Colowel
Calthorpe takes his stand, as one of the grounds of his &s-
-teno., on the technical point of time, you must run the riss
of Kevin[ your rule discharged. With that oudentandio6,
we think with you that you ought to have a rule.
Rule gauged actordingly.
The harlot Cardigan was present during the argitun'et,
i and occupied a seat within the bar beside his counsel.