The Express.
London, England, 1852-07-30 00:00:00

ASSIZE INTELLIGENCE.

JUI.V 29.
Noes sloe.— tor se ma. feseles Marts.
William Balm, 310, a private in the Sappers and Miners,
was isdiet‘,l for unlawfully uttering as tree &certain forged
certificate of • marriage, represented to have taken place at
the 'welsh at Gillingham. in this county, well knowing the
same to be false and counterfeit.
Mr. Knee prosecuted ; Mr. Ribton and Mr. Poland were
counsel for the defendant. The trial commenced on Wed-
nesday afternoon, and was adjourned until to-day, when it
was brought to a conclusion.
The learned counsel for the prosecution opened this case
as one of ea 'stew vilinary character, the offence imputed to
lb. prisoner :sing the consequence of a mock marriage, sad
committed under cireuinstances of a novel character, at all
events for the nineteenth century. Ile then proceeded to
narrate the facts as they were afterwards detailed in evi-
dence, and having stated that the chugs was framed under
a special statute, which made an offence of this deseriotiea
a miedenseanour of a high character, the following whim*
was adduced :
Anne Fatten, a young Irish girl, the prosecutriz,
mfd—
lam 2.i years old. Too years ago, I was in service at
Brampton, near Rochester, and 1 became acquainted with
the prisoner, who was with his regiment at Chatham at est
time. We are both of the Roman Catholic religion, mil I
am entirely unacquainted w ith the ceremonies of the church
of England. Thu church of Gillingham has a very lofty
spire. and the soldiers belonging to the prisoner's regiment,
I believe, have constant access to the church, for the puts
pose of taking survey.. After 1 had been acquainted with
the prisoner for some time, he made me an offer of OM.
riage, and f accepted it, end the banns were published at
Chatham church. When the banns bad been published a
short time, the prisoner asked me to give him some mow,
to enable him to send for his youngest brother frog I.
land, and he cord if he came, his eldest brother would MIN
▪ and pay his own expenses. I gave him a sovereign.
At this time I had 23, in the savings' bank, and I drew It
all nut after the banns had Teen published. Both the prima-
er's breast-incense up on a Sunday, and we were to have been
married on the following day, but they all got drank, and
the marriage was postponed to the Wednesday, and in the
meantime the prisoner's brothers went home. The pri-
soner then told me that he bad removed the banns from
Chatham to Gillingham, and be said it would not make any
difference, and he ina,:e an appointment to meet me at
Gillingham Church on the Wedneedsy morning to get
nairrieel. I had never been in an English church before,
and was quite unacquainted with the forms of the protes-
tant religion. I met the prisoner according to appointment
is the churchyard, and we went into the church together,
and the prisoner took me into a little room in the church
opening out of it. I deal know whether it was the vestry-
room or nut. I saw three men and a woman in the room;
they were all strangers to me. One of the men naked me
my name and my father's name, and my mother's also, and
I told him. Ile then put the same questions to the pri-
soner, and he replied to them. This man had a sort of
elo ik on, but no gown, and he read from a book. While
the ceremony was going on the prisoner asked me if I had
got any money, and 1 gave him 10s. Gd., and also a ring
which I had purchased, and be gave the ring to the man
who had the book in his hand, and the prisoner and he
then pat the ring on to my finger, and the man
said something about " for better for worse," and
then called out teat we were man and wife.
Before this I was asked if I was willing to take the
prisoner for my husband, and he was asked if be would
take me for his wife, and we both answered " Yes." When
this had been dome we came out of the church. I walked
first, and the poisoner followed, and when I got to the door
an old woman offered me some flowers. I did not take any
of them, but I gave her a penny. I had never seen any of
the people who were in the church before to my know-
ledge. After I had, as I thought, been married tattle pri-
soner we all went to a public house, end on the same day
the prisoner gave me a paper, which he said was my mar-
na'fbe.leinheeatham conned, here produced the doeument,whieh
was the subject of the indictment. It was upon parchment,
sad was drawn in the ordinary form of a marriage eertill.
mac and purported to be sassed by the Rev. Robert
O'Logan, as carat* of Gillingham.
Examination continued—The prisoner gave me this paper
an the day we were married. lem not able to read, but it
was read to me, and I know it is the tame. After this we
lived together as man and wife for 14 months, and I had a
child in August last. After we had lived at Chatham a
short time we went to Liverpool, and the prisoner mimeos-
demi himself by getting druak upon the occasion of the
Queen's visit, and he was mot back to Chatham in custody,
and left Ms behind. While I was staying at Liverpool
Use prisoner wrote to me and I got a person to read his
letters. In one of the letters the prisoner advised me not
to come bark to him to Chatham, but to pat the child out
and go to berriel, as he mid It was better to be earning
201. a year than to be with him, and he said he would do
all he weld toward the eappert of the child, but a soldier's
pay would sot permit him to de mach. After receiving
these letters a sebseription was made for me at Literpool
to seed me beck to Chatham. When I arrived there with
my baby, I saw the primer, and he kissed me, and asked
me how the baby was. I told him that be had forgotten
loth me and dm baby after be left Liemmid. When I
said this to the peleteer he told me not to taut Neat it, and
I thin send the gdeseer whether he was met pig to do
anything Ant se et my child. He replied refits pay
would met NNW bit to do so. At lest the inhume lid me
I was net le silk and I might go whom I Ihnim .be
was eel needed heint. I amid it was as nu Ana Mama
that as I Wage. the manimin and.ll: don,OgttMi
that 1 wam as mem ed Ilk main n• whoa
All the warm I bad awed wee 'gide the paliniell
sad I were living towable.
The peeseauttia madhievest a long annewsensinnill
Mr. Bins.. She mid tie ameld nekiiitamemeetly MINN Os
lig am Oda 11•11.7 SIM bat it mall • red
amp punsagn MO lbws as • alma
Oh 11. .11.1.014**1. 101 Aln rimy. sal As Imo not
to on nib no at Ma WA in 'Ms
• Mine d Slikeuay, and whoa bee inalher id
the MIA if all bar goods and lammitarr, sad in lind the
MIN Ora she lame to Segland. beer She, the maid.
was MA ga bar while she wis service, wideb was the
maim et~r lartlmg it, sad she than went to live with ens
of bee eseekerymemia in a plain maned I.
BTheiPt^n. Pike got her beteg M Ibi elms bisigekV and
knitting, but she did eel pay &aridly des rShe
said mho femembeeMl gala epee minalma te emend,
mg graft an bawd an logs dip ansdase was with
bee, mad WO ablest was as get eat le India. le e=rr them*
saute. They inten4ed ea Set sway If ship nemM without
the captain of the vend knowing they Wire se beard, and
they hid themeless the ether merams ea beard for a
day red a "MIK and eheyihem mew shred 6y the °Been
of the mewl, am/ pat an them She they were
put ea shore se
week Partmasiba elm then went into the
bewee, and use tent te Chatham at the eapeaea
et the Maas. She deeded that she bed ever mM that
she bed bees married to a wager of the 7116 Ilegt•
meat, aimed Gee; but she admit,' that the had
Mated while she was in Ireland that the had get a cow
tillage or her marriage with IRO Olen wee
im ladle, mad she was desirous te get SIS bin at the tine
she west es beard the India wand. NM old she was
hying in amnia at a hmer•mitep mt liseeptra, end the 961.
wee Use remit of her eating, while she was hinnies. Her
Ewan gave hag 161. a *beet time belle her marriage, and
lase atieweem holm she died gave bey IL sad a pewee for
M wwvises la nosing her while *be was 111. Some of the
oilmen belweitag be the barracks at Chatham else gam bem
ms.sy. The used Wat with *swam and he provided
inn trtili *Wm, and they pave ber me4eAste • *Mg
and selmtiosse eigilitempeass whim they went away. The
ass 'm 'main"dd renwatabki pee*" to have whew.
panitively that mhe had is,, amide any amen.
llaa mphi
n her meager, or that d. had ewe mid** she
trea She her
way by Ida. She never saw Am anti&

cat° until the prisoner produced it and gave it to her, and
she was quite sure that she did not purchase the blank
certificate herself from • stationer at Chatham, or
that ehe ever said to another girl that she was
going to buy • piece of parchment for the prisoner.
She was quite sure that she hail never asked in any
stationer's shop for • blank certificate for Gillingham
church, end that the person she applied to did not tell her
that the certificate would do for any church in the count
of Kent. She said that she never was in Gillingham church
until she went there with the prisoner. About threemonthe
after her marriage she was in the church when • soldier
named Thomas Orgill was ;harried. He was married by
the clergymen, and she noticed that the proceedings that
took place were quite different to those which took place
when she was married herself. She swore that she never
said that she would get the prisoner transported, but she
said that she heard upon one occasion that he was going
I to be married to • barmaid in Chatham, and she said to the
' pew* who told her that he was too good a judge to do
such • thing to get himself transportid.
Sarah Balls, an old woman, who lived near the church at
Gillingham, said that she was in the habit of going to see
the marriage teremonit a performed at the church, and she
remembered the prosecutrix anti the prisoner going to the
church at the time she spoke of. She also said that when
the prosecutria came out of the church she offered her some
flowers, and she would not take any, but gave her • penny.
Several other witnesses were (ben examined is confirma-
tion of the evidence of the prosecution, and their testimony
went to establish the truth of her testimony in several
importer t particulars.
Mr. Kibton addressed the jury at some length and with a
geed deal of ability, on the part of the prisoner. He urged
that, from all the facts in the case, they might very reasona-
bly tome to the conclusion, that if the prosecutrix did not
bored( provide the false certificate, at all events she
via perfectly well aware that it was a sham in every respect.
and that she was nut in any manner deceived by it lie
then commented upon the manner in which the wedding
was represented to have occurred, and on the absence of any
jollitle,tion upon the occasion, whisk ho said appeared to be
conclusive evidence, to show that the prosecutrix must have
known there was something wrong going on. The learned
counsel neat remarked upon the character of the prosecutrix,
and the statement she had made with regard to her
having been married on other occasions, and he concluded
by contending that there was, at ad events, sufficient doubt
thrown upon the real nature of the transaction to justify
the jury in declaring that the offence of which the prisoner
was amused had not been established by the evidence.
Mr. Justice Maul, having summed up the case to the
jury, they deliberated for some time, end then returned a
verdict of Guilty.
The learned Judge, in pawing sentence, espreseed his en-
tire concurrence in the verdict, and said that the prisoner
had been clearly proved to have conducted himself in a
most cruel and unmanly manner. He had not only de-
prived the unfortunate girl, whowas the prosecutriz on this
occasion, of her virtue, but he had also robbed her of all she
possessed in the world, the fruits of long saving and self-
denial, and, when she was burdened with an infant, no had
cast her upon the world friendless and unprotected. It
was a very bad case, and he felt it to be his duty, under all
the circumstances, to order him to be transported beyond

the seas for thispece of seven years.
BOOM USD Ora/ JOIMICII Jsaas IiND a rraCIAL dray.
THE TRUSTS= o► THE Riven LEE t/. THE GOYIKNOZ
AND CO or THE Nnw Ravi&
In this case the Solicitor-General, Mr. Wilke, and Mr.
Bothwell were for the plaintiff.. and the Attorney-General,
Mr. Bramwell, and Mr. Bovell were for the defendants.
It was an issue directed to be tried by the Court of
Chancery, and the case was opened as one in which it
would be only necessary to take the opinion of the jury upon
certain matter+ of fact, it being admitted that a great many
points of law must eventually be submitted to the court
above, and possibly to the Court of Error, in order that the
rights of the parties might be finally settled. Soma diffi-
culty sabsequently arose as to the terms of the arrange-
meant, and eventually the whole case was gone into.
The principal point at issue appeared to be, whether
%odor the different statutes relating to the two companies,
the defendant company had, by altering the machinery em-
ployed, and by other mean., abstracted more water from
the river Lee than they were legally entitled to, and •
claim was made in one of the counts of the declaration for
a sum exceeling 12,0001., at the rate of one penny per thou-
sand gallons for the water so abstracted.
A great number of engineers were examined, and after a
Teri long trial the jury returned a epecial verdict upon
several questions submitted to the court, the effect being, so
far as it could be understood, for the defendants, a number
of points of law, however, being reserved for further con-
sideration.
The business of the assizes concluded to-day.

NORFOLK ClRCUlT.—Noawicn, JULY 28.
BLPOIIe MIL BAi•a PAW.
MANSLAVUUTIM.
James Rears, a lad only 14 years of age, pleaded guilty
to the charge of feloniously killing and slaying another
lad, named Will am Dap, of Outwell, on the 10th of April.
—Sentence deferred.

The prisoner, it will bo remembered, considered that he
owed the deceased a " grudge," and in the heat of passion
shot him dead one day on the spot where he met him. The
prisoner had been entrusted with a gun to frighten birds
with.

6—Beroae 71112 LoRD CIINV BAROP.
P . Tiowza.

This cue began yesterday, and tonight at 'Ai: o'clock,
when the court rose, his lordship had not concluded his
summing up. The trial excited considerable interest, in-
volving as it does the crime of forgery on the one hand and
of perjury on the other.
Mr. O'Malley and Mr. Worlledge appeared for the plain-
tiff, and Sedum Biles and Mr. Wells for the defendant.
The plaintiff was Mr. Handslin Palmer, who has carried
on business as an attorney in Upwell, in this count), for
upwards of 30 years, and the defendant was Mr. Henry
Trowel., till lately of the same place. The action was
brought to recover 201. the amount of a promisees. w note
made, it wan alleged, by the grandfather of the defendant,
signed by the lather of the defendant, and given to
the plaintiff for money lent. It was objected that the
grandfather did not make the note, and secondly that be-
fore his death hu hail paid the plaintiff the amount of his
claim.

Mr. Palmer was called, and deposed that the grandfather
of the defendant was a client of his, and had been so from
the time he commenced practice. The grandfather was
of some property. Ile died in 1849. Mr.
trarthe attorney for the defendant, was formerly
ea articled clerk with witness, and afterwards admitted
into partnership. A dissolution of this partnership, how-
ever, subsequently took place, and Mr. OPard remained
with him some time as clerk. Mr. Oilard was now in prac-
tice on his own account. The promissory note was dated
Dec. 10, 1817, and was given as security for mosey lent.
The amount wee made up as follows ftd. stamp and
preparing the nut*, 71. the cheque, and the remainder in
eaeh. After the death of the grandfather, witness wrote to
the defendant, to whom the old gentleman had left all his
property, requesting payment of the amount of the note and
debt, and shortly after the latter called and promised to dis-
charge the demand in a short time. Subsequently, however,
Mr. 011ard wrote to the plaintiff, asking to see the note, when
the latter stated that he had seat it to his agent in London.
Several applications were made to him, to the same effect,
by Mr. 011ard, although in cross-examination the plaintiff
admitted that the note was in his possession all the time,
whereas he thought he had mot it to London, and it
was not till October 15th that be showed it to them.
Plaintiff then commenced his action for the recovery
of the debt, and the defendant obtained a warrant
against the plaintiff upon the charge of having forged
the note, end he was apprehended and taken before
the magistrate., who upon hearing the cue at once dis-
missed it, observing that there was not the slightest ground
for the charge. Owing to the illness of a daughter, who
was since dead, and other causes, witness was unable to try
the action at the two following amine In the meantime
the plaintiff charged the defendant with perjury, and he
suffcred lour months' imprisonment, but when the bill
came before the grand jury they ignored it. It also
appeared that Mr. Trower deftnded the action brought by
the plaintiff, upon which the latter filed a bill in equity
against the executors of the deceased Mr. Trower, and that
one of these, in order to avoid a suit in Chancery, paid the
, amount of the note and bill, 291. 17e. The plaintiff having
allowed two wises to pass without bringing the cause on
for trial, the defendant applied for a consult, and the plain-
tiff, then, in order to prevent his being saddled with the
whale of the costs, gave a peremptory undertaking to try
the action ; and it had now come down for trial at the Nor-
folk assizes.
Charles Chapman deposed—l live at Upwell, and am a
grocer there. I was Mr. Palmer's clerk for 20 pan. I
never saw any ouh-hook belonging to Mr. Palmer during
that period. The bank at Wiebech is six miles from Up.
well. I have known Mr. Palmer pay money by both cash
and cheque in the same transaction.
Mr. Serjeant Byles then addressed the ry for the de-
fence. He said that the character of the Modaid was at
stake, as well as that of the plaintiff, in tin Imo of this
action ; yet his client had determined to sisis the verdict
of a Norfolk jury, even though he aired bar to the
costs of the salon. Ile believed that is Wad*
obtaia the vsrdiet, because there was a of U. hr
wrk dose, which Mr. Paiwav hod swath
which be (Rerjeant Myles) hal as MOOS of
What he asserted was that the deceased and Mr. Troyer
sad his son de this 201 note, and he believed that
he should satisfy every one present that the note was id-
'Wily • " seven " pound note and afterward' altered by
plaintiff into • " twenty " pound note. The learned set,
joint thou reseeded to show how the word " seven" Wes
souly hare Ors shred into " twenty" by the addides of
a top stroke to the " 8 " making it into " T," f Wsg up the
eye of tin int N• " (thus converting the "• " and " • "
into "w " sad riding "ty " at the sad ; and be main-
tithed that it was warmth as the hos of the ado that this
Glissades leed Ism dabs. Me adi Het the halm, whose
mos was attached to the soak gene to Aairdis, aad
W it not been for this action, He defendsnt himself weed
sow have been on the other Ai of the Atlantic, Ist he
was anxious not Us haw tho marry till Me
director hod this thellesied. Tbs foal hob
of the ease wore these. Mossy 'Trowar, the &Asir%
Midler, wee seed is the couslly asart for • ermail debt of 11.
or M. end he vissiod a leas of IL_ .ec 81. hr which he op.
plied to Mr. Pairs. Os He 11th Dosasabir, 1847, Ye re•
aired a dors for 71. sod he this yvs his Ye
nab foe ihicast, Mr. Palmer ohs olitakdss hoe As
ow
of the dad ea 0U hr two pond se a hiss hs
=e.. 017 was dead ths sod id I'M dr
haw des want tow:Jabithlwaso is did to
I>+ of Os ern, and it be theme draft tidy
=maths Wasw a charts he 71., sag that be me a(.
gets Wished% sad pt k seeped--widdi be did.
est those psi thawed that be mold id