The Express.
London, England, 1864-01-26 00:00:00

THE EXPRESS ft WIMP/ EVENING, JAiItTARY .111.11,18114: •

the Thames, and relieved 51 miles of road; and he sue-
sada la intredociag a clause which compelled the men-
talism' ef roads . to deliver them up io a good Sete of
repair. He also • clause Loved uced into the Telegraphs
Bill which would sevent the roads from bong tot up
without the consent of the vestries. As regarded lastropo-
litmus railways he did not 1411 why the inhabitants of
Tottenham-court-road and Oxfordatreet should be
injured for two or three years in order that • • pima en
arriving from the country at Kiage-eirom might proceed
thence by underground railway to the South Western er
some other terminus. (Cheers.) As regarded the memos
of the coming session, he strongly .advonded a redaetioa of
the insurance duty from 3s. to la., and expressed his belief
that the public revenue would with such a reduction soon
be recouped. He hoped that the sugar duties would also
undergo a reduction. He approved of the course pursued by
the government with respect to the proposed congress, while
in relation to Poland he thought it would bare been mach
better if the goverment bad not interfered, and thus
mused Ituasia to tell them, in effect, to mind their own
business. The recall of such a valuable public servant as
Sir Janice Hudson he thought required explanation. Ho
=Harvey Lewis) approved of the cession of the Icahn
(A Voice : •• What about oarna Oe that
subject he thought what had maned was much to be re-
gretted ; brit if it should torn out that the British filet
was first fired upon, the case would be vary much altered.
It should be recollected that England was a peat trading
country, and that her trade &molded for is prosperity on
the enterprise of her sons ; and if the pioneers of her com-
merce were not protected against murder, whether from •
civilised or a barbarous people, England's gumshoes would
be gone. (Cheers.) Proceeding to the Danish question,
the boa. gentleman said be thought it depended very much
no article 3 of the treaty of 1832, which wee as follows
"It is expressly understood that the rights sad obligations
of his Majesty the King of Denmark and of the Germanic
Coufederation concerning the Duchim of Holstein and
Lanenburg —right, and obligations established by the
Federal Act of 1815—shall Dot be affected by the present
treaty.' From that it would appear that the present King
of Denmark was hound to perform what devolved upon him
ae a member of the Germanic Confederation. He (Mr.
Harvey Lewis) would not, however, express any opinion on
the subject, except to say that he thought the whole matter
had better be referred to the metaphysical schools of Ger-
many and left there for fifty yews to come. (Laughter.)
As regarded the American woe, he agreed with his colleague
that it was their duty as • mon to preserve a strict MU-
Utility. On this subject there was one little pato of com-
fort, and only one—namely, that let the war terminate how
it might, slavery must be at once and for ever abolished.
(Cheers.) In his onoludirtg remarks the hon. gentleman
alluded, aa hie colleague had done, to the recent birth of a
prince, and said be hoped one result of it would be that her
Majesty would throw off the deep gloom which had effected
her, and once more come amongst her subjects, who were all
ready to receive her with loyal arms and to give her that
hearty welcome she so well deserved.
.(Great eMring.)
Mr. COLLLKS, after vaddeg of the Injustice inflicted at
present on many London tradescw by metropolitan rail-
waybills, on account of the inadequacy of the law aa re-
gards compensation, inquired whether Lord Fermoy and
Mr. Harvey Lewis were prepared to do what they could to
remedy that defect!
Lord PLIIMOT replied that he would give all the support
in his power to an Operation of the Leads Clauses Coneoli-
&Soo Act which would hays a Massey to cause • mere
just appreciation of the property damaged, whether in
business or in any other way, by the cony* of sadwaya
through the metropolis.
Mr. HAI/V ET 1.141.1 gave a similar ly.
On the motion of Mr. Course, seconded by Mr. Timm,
a molutieu was unanimously passed by which the meeting
declared itself folly satisfied with the parliamentary con-
duct of the two member&

.4711-I,Axcusa Las insnais.
• Cllttertk.L 8i11,1117
The weekly meting d the may.xeiv
amenities wan held at Masslieeler Sir J.
Ext-Suerrzswomere, But, prmided2 Yes idaeltire, Mee.

Vary 9•44•Wx rennet 401. 'Ha had beep remind
during the week, and eat the Ukase in the beak wee
203,1731. 174. sd. Timbales of clothing aad three sacks of
pew had been received during the week. Mr. Maclure also
laid bete,, the committee the financial statement and
balance-sheet, showing the receipts and expenditure from
the oommencement of the fund (9th Jou, 1862) to Slut
December, 1863. The amount of receipts was &51,6921.
6e. 6d., and the expenditure in grants for relief 695.5641.
14. In addition to the amount of cash received,
111,7811.84. bad been given in had, sod distributed in that
form through the various local committees. The expenses
incurred were 8.4601. 17s. 11d., or seven-eighths per out
upon the sum received, but in this is included the expenses
of deputations, which bed invariably been returned as does-
Coos by those members of the committee who had re-
calved them, and 4,3851. 17s. 3d. for &dam-
asks the subscriptions received in the Tinto
and Manchester ne The interest allowed
by the bankers was 121541. 12s. lid.. bang about ono-
third more than the expenses. Mr. Farnalre weekly re-
port stated, "That oe the 16th lest. there was an increase
in the number of persons receiving parochial relief is the
27 unions of the cotton manufacturing districts', Si com-
pared with the camber so relieved in the previous w of
5,313. The ocatof ota-door relief this week i 57,0021. 106.7 d. lem
than that of the corresponding week of last year." Thebes.
secretary promoted • statement of pereoon employed osier
the public works set, and in reply to • questioe, Mr. Baer.
limos said he held • return in his hand showing that up to
the 21st of this mouth 34 orders bad been issued foe sums
11= from 10,0001. to 6001., the total amount included
being 105.1261. Of these ceders 31 were for diet
iestalments, two for mooed instalments, sad one for a third
iustalment. Sanctions had be.. „given for nearly •
indium of money, and the reason why more
money had not bees received by the local autho-
rities wee that more had mot been spelled far.
The Chairman announced that Mr. Alderman Heywood had
sent to the committee 111.6 a, which had bees ',attributed
by the workpeople of Mama Borger, and Co., Mendip
paper mills, sear Wells, Binasestehire, and forwarded
under cover to Mr. Heywood. A grant wee made front
the Employment and School Fund to Dokinfield of 184/.
7s. &I. To Preston • grant of 311. 34. was made for super.
Steadies of labour. Grants were made from the Ousel
Relief Food to—Horst, 1031. ; Charlton and Ardwick,
250/. ; Holm*, 3001. ; Gorton, 75/. ; Peodlebury aid Swin-
ton, 501. ; Humber Bridge, 150/. ; Leyland, 1634 ; Littio
lisyllaid, 501. ; Little Lever, 261. ; Mellor and Berns-
vs, 2.51. ; Blackburn, 2,5001.; Btrooldswiek, 1501
Rae 1,5001. ; Preston, 2,8001. A meeting
of the geaeral committee of the Feed for the Belief of
Distrito in the Manufactruing Districts was bald subse-
quently, at which the report of the executive committee
wan adopted. The following is as extract from it :
"Your committee has striven to promote the intentioes
of the legislature in pasting the Public Works Act. It
;Mrhowever, to state that up to January 16th only
cotton operatives were employed on these weeks. in
addition to the muses of delay in carrying this act into
execution, which were ennesented in its last report, your
executive committee is informed by Mr. /tonneau that the
relief expected from the act has been postpooed by the fol-
lowing c_retimstawas. The eskeitioa, by the local authori-
ties, of works suitable for the employment of unskilled
Wearers has sometimes been difficult —plus, specifications,
and estimates have had to be prepared, and often by an in-
adeqnate staff of local officers ; plant and materialshave had
to be provided; and, is some few districts, which hest
for the first time adopted the Local Government Act
and appointed a local board, the whole orachiaery
of local administration hes had to be crested.

The lendable anxiety of soma corporations and local relief
committees to overcome all obstacles to tb. Immediate
settle( of osemployed cotton workmen oo such works, has
led_topisapprehansion as to the powers of the cosporatione

end other local authorities, and as to the reletieits of the
local relief smommittees to then bodies. Your executive
oomasittee has pointed out that the lams granted under the
Public Work. Act provide capital which is to be cued to
racemes employment for wages primarily for the labouring
and manufacturing cleans, eocirdieg to the ordinary Mo-
ttoes of master and servant; sod thus, by an increased de-
mand for labour, to redoes indigence, and to promote works
of public utility and sanitary improvement. But that theme
loans would be perverted, if they were, under any digitise
or on say plea, to be employed otherwise than 11111 wages, or
for stilled superintendence, or in the purchase of
=Aerials. No Clara hie a meter interest is the mein-
trainee of a distinctive between wage@ sod relief them
the population supported by menial labour. For these
runes your executive committee hes met, with reiterated
and firm remonstrance, any departure from whet it bee rii•
. .

gardel to be the principle; iniolved in the Pablo Works
Act. On the 7th December it adopted the following reso-
lutions :—• L. That the works of public utility which are toles
executed under the Public Works Act are intended to
vide employment with wages, primarily for opwadYes
thrown out of employment by the embarreasment of the
cotton trade ; that such works are to in all respects under
the direction of the town councils and other boards ret forth
in the act, and in no ems under that of relief committees ;
and that it is not within the scope sad intention of the act
that any relief committee should set men on such work, and
pay them either according to the scale of relief or the usual
isle of wages. 2. That this committee cannot therefore
sanction, except forthe first month or six weeks, meet tortilla
the maatial, the girls; of relief for the employment amen on
;albite Works, for which a loan has been obtained under the
set of the lest maim al parliament" These resolutions
were published and forwarded to the various relief com-
mittees. Your committee considers the principles at stake
of inch public importance that it would become matter for
WACKY consideration, whether it would be justified in 's-
trutting funds to any committee which. after due warning,
deteemined to interfere with what this committee conceives
to be the principle of the Public Works Act by beernalsg
to a diversion of the public loss from wages to relief.
Public Works Act was, Ia the opinion of your nom-
mines, intended to absorb in municipal and sanitary im-
provements the labour of as many unemployed operatives
as, attar reasonable training, could earn the ordinary wages
of oat-door labour at such work. Sock operatives
either cannot find work on these improvemesta, or are
physically incapable of earning ordinary wages by
oat-door labour, are the peculiar charge of the
relief committees. For such men the relief coos-
, mitt's' are encouraged to the utmost by yam executive
committee to adopt a ' Scheme of labour by paying for
work done by the hour, at the meal rate, and not requir-
leg more hours' work than will enable the workman to make
his labour and that of his family equal, et that rate per
beer, to the scale of relief intended to sustain health.' If
in the seleotioe of such work and its management there be
no
Interference with the labour market, the adjustment of
the scheme to a relief scale makes it free from *anion.
To snow -age the general employment et able-bodied men
sad youth on such outdoor labour, when net set oil improve.
inria wader the Public Works Act, your committee has, for
many 'moths, paid the wages of the superintendents of such
labour, and it is reedy to support such plans of labour by
any other reameahle help. The amount expended by the
load senimittees, up to the end of December, exceeds
1,11111,6461., and the LAMM SOW in the halide of Mews.
Seaweed Brothem and 06., is 103.1731. 17s. flu., in addition
to 87,7301. lls. the balance of the Cotten Districts Belief
Fund, and 40.8811. 7s. 114. of the Liverpool Feed."

Rata Inn Manta.

EQUITY OOURTS.—Jew. 25.
(Before the Lord Chancellor.)
11! as BOYCE-1N LMIACY.

I

This was ea appliestion to appoint a mew trustee in the
pyee of the present trustee, who wee of impound mind.
The appliestson was nude to the Lords Justices, and by them
referred to the Lord Chancellor.

•—ivelordship,h;vcniiiTii.¢. time to consider the case,
gave judgment this morning.
The Lord Chancellor—ne question which arises in this
potation is whether. new trustee can be appointed under
the act 13th and 14th Victoria, and subsequent statutes.
The testator by his will, after appointing Ma wife and a
trustee named Boroe now • prom unsound mind, to be
the executors of its ;rill, devised his real estate onto hie
wife for life, but in the event of her second
marriage he gave her only • rent charge thereon,
and directed his said trustee to invest the
surplus of the rents and profit" which should be re-
maining after the rent charge. Upon the death of his wife
he directed the trustee to sell the real estate. With regard
to the ooaditas of the aide and power to execute such an
instrument as would be requisite to ppausss the estate, I am
given to understand that two di ties presented them-
selves to the minds of the Lords Justices, upon which they
did not pronounce a definite opinion ; namely, whether the
median sufficient to give the trustee the estate by impli-
cation, so as to enable him to convey, and whether the awe
falls within the provisions of the statute. The inclination
of my opinion is that the words in the bill are sufficient to
gin, the trustee power to sell and convey. Then, again, I
am of opinion that the case falls within the
statute, if the court deems it right to appoint
• new trustee under the circumstances. I cannot
but think that the 32nd section of the Trustee Act was
introduced for the purpose of providing foe that last-
mentioned case. Under the will the testator contemplated
• new trustee ; he gave a power for that purpose, lint by
reason the insanity of the present trustee that power our
not be exenieed, and the estate cannot be sold. It is a
awe on which it is expedient to appoint • new trustee, but
in which it is impracticable to do so without the aid of the
Court of Chancery. On these grounds I think the case falls
within the statute ; and I feel no hesitation in making the
required order.
Mr. Cory made the application on which this order was
founded.

COURT OF QUEEN'S BENCH.-JA2r. 90
SECOND COURT.

Sittings at Nisi Prim.—(Befors Mr. Joetice Shea and a
Common JI117.)
GIBSON r. BAINES.

This was an action brought by the plaintiff. an attorney,
practising at Chelmsford., against the defendant, an
auctioneer' carrying on banner in St. Paul's-churchyard,
to mover back the sum of 1841. odd, the value of certain
pictures which it was alleged the plaintiff was induced to
purchase through the fraud of the defendant. The de-
fendant pleaded not guilty.
Mr. Brett, Q.C., and Mr. Joyce, were counsel for the
plate Uff ; Mr. lfuddleston, Q.C. and Mr. Barnard, for the
defendaot.
The case was part beard on Monday last, and was ad-
journed till to.44Ay in consequence of the sitting at West-
minster intervening.
The leveed counsel having addressed the jury on behalf
of their respective clients,
Mr. Justice nee summed up the case, and said he did not
consider he ought to suggest to them that fraud had been
committed in represeatiug the pictures to he painted by
particular artiste, because those persons had been called, end
had swore that they were painted by them. Then, with
regard to its being a mock tactless. all the evidence went to
prove was that commissioned brokers who attended the
sales were given about 21. Gd. a day to be divided amongst
the whole of them for luncheon refreshments. As to
fraud with reference to other pictures, evideace was
given which I showed that pictures varied very moots
is their value. Some of them said that many of the
*tares were worth what the plaintiff had gives for them,
and many others were nearly equal in value to the sum paid
for them. The principle of bushier was to bay in the
abealWAPi market and sell in the dearest, and they were Dot
to charges man with fraud because he sold • picture foe
30/. or 40J_ ~ which cost him only 201. The brokers who
we called stated that their transactions were boot tide ;
and, with regard to Peters's case, the learned judge thought
that ought not to prejudice them against the defendant
to the sztest of fraud. If the jury thought there was sal-
ience between the parties, and that it was a mock anctior
they would Sad for the plaintiff, but if on the contrary,
they would find for the defendant. They must bear Is
mind that the plaintiff had now in his possession pictures
which were estimated to be worth 180/.

Ths jury,lWweve for the plaintiff for
581. 7a, being of opinion that the ails was conducted and
carried ow by callow=

this!

COURT OF COMMON PLEAS.-JAN. 25.

Malloy in Beaco.—(Before Lord Chief Joatiee Erie, sad
Justices Williams, Willis, sad Keating.)
MACE I. PHILCOL-BATHZG AT HASTINGS.

The plaintiff in this case wee the owner of some howls
called the Carlisle-parade at Beatings, and he was lessee
under the crown of the foreshore in front of thou houses.
Formerly the usage was for persons to bathe without the :
nee of machines upon every part of the coast at klaatiop,
bat bathing without the use of machines had been
prohibited between certain points, and within those
limits the commindooen were authorised to license
machires and to regulate the bathing. The out.
missions preaumieg to act under this power had
licensed the defendant to have machines upon that
pert of the shore of which the plaintiff was lessee,
and the defendant having placed the mazhinea there, the
plaintiff sued him for trespass. The cue came on for trial
at Lewes, when a verdict was entered pro formh for the
plair.iff, subject to the special cue, which now OWN os
for argument. The question for the opinion of the court
was, whether the commissioners bad power to authorise the
placing of • machines upon the shore in front of Carlisle-
parade.
kir. Prentice appeared for the plaintiff ; and Mr. Leak
Q.C., for the defendant.
The Lard Chief Justice was of opinion that there meat be
judgment for the plaintiff. The statute relied on by the
defendant authorised the commissioners to make certain
regulations in reference to bathing, principally with the
objek.. of preserving public decency, but be toned nothing
in the act which enabled them to give permisaion to place
bathing machines upon another mans land.
Judgment for the plaintiff.

rily a °scalable as if the princes had given it vocally
a. Whirs is maw one ship that knows myth* about

gergssiit Thistord—Mr. Hostas is bare. bat b• is aims
&at asid dumb.

Mr. Taaey—Thie policeman (Ball) is tie mod clever
sad wan pence I ever heard of. He has gives me
most *laborite and voluntary conversation that be stated he
had with two deaf and dumb people. fro Mr. Tate, the
olerk)—l hope you have not taken the evidence?
Mr. Tate—l bays.

An assistant to Mr. Baker interpreted what Mr. Morton
said, to the effect that he saw Chaplin offer the seal for sale
to Mr. Baker.

-31. r. Yardley—I hope Mr. biker is not deaf and dumb?
Assistant—He is.
Mr. Yardley—Where do they carry co basins"''
Am/smut—At No. 4, Old Caveudishatreet. The seal
is of ego* aad valued as about 12r. It has "M. A." en•
graved on it.
Deulove cow said by signs that he picked it up in the
Hampstead-road.
Mr. Yardley, who said be never heard such a case be.
fors, discharged Chaplin, sod ordered Desrlove to enter
into his own recognisance' is the stun of 101. to appear
to a week.

SUSPECTED POISOAING IN THE WEST OP
ENGLAND.

On Saturday an inquiry took place at Crotch's
White Hart Hotel, Hay's, information having been laid
against Richard Oke Militia, surgeon, of Penpol, near
hay's, charging him with having admiaistered poison to his
brother, Jamb Caruow Millet", with intent to cause
his death. The accused was present, and Mr. Downing, of
Redruth, appeared on his behalf. Mr. Itosoerio, ,of Pea-
mace. prosecuted. The main facts of the cam, as far es
they have yet been elicited, are these :—lt appeals that
Jacob Carnow Mitlett, an elderly man, had been living with
his brother (the accosed)at Pawl, in the pariah of Phdlack.
For nearly a month prior to hie decease he had been suffer-
ing from a cold. Hu brother bad recommended him to stay at
home, but on one or two evenings he went out to go to
chapel. Oa Chriatmas-eve the servant noticed that his
cough was worse than usual, and on the mottling of the
30th nit., in &12tWet to her inquiry, be said that he felt very
poorly. Diener on that day was served up at two o'clock,
and consisted of roast beef, garnished with horse-radish,
potatoes, savoys, and turnips. Those who eat at the table
were the deceased, the amused, and Mee Davey, and her
nephew, Muter Rawlins, who were on • visit to the house.
The deceased is stated to have eaten with unusual hearti-
ness, partaking of the beef and vegetables, and ale, sad
also eating one baked and four raw apples. At the
ooeclusion of the repast the deceased went upstairs to
his bedroom. The accused and Mire Davey uterine*
went to the apple chamber, a few minutest walk from the
house, and Master Ruth= left the house for the
purpose, it is supposed, of going home. The deceased, it
appears, had been in the habit of going to his bedroom fee
as hoar every day after dinner, and on the day in gustiest,
after email:nog there about his usual time, lie aalkd the
servant to get him his hat and coat, stating that he
wanted to go out. The servant supplied him with these
things, and had returned to the kitchen, when he again
called to her, and told her to bring him a glass of cold
water, complaining of thirst, es he had also done in en
earlier part of the day. She took him a tumbler of water
immediately, which he drank, and she thee continued her
work. She afterwards found that the diesssed had not
left the house, but was staadiag in the draviageeces,
rubbing his forehead with his hand, which wee • common
practice with him. She asked him wheat was the matter,
and he said he did not foal well, aad that he bad • pain in
his stomach. The servant thee went to the applicable/Melt,
and called her master, and he cams into the home. By kis
advice • glass of brandy rem gives to the deemed. aad the
accused returned to the apple chamber. The deceased said
be thought he would go out for • walk, but after some per
-
smoke' from the servant he remained at home, and asked
for • glass al whisky, which be drank. The doomed sub-
sequently became worse, and he wee taken up to bed insen-
sible, where he vomited several times, and threw up
• portion of what he bad eaten for diaper. He
died on the following morning. Nothing was ad-
ministered to him for twelve hoots helms his
death. An inquest wee held on the body, sad the jury
returned a verdict that the dimmed died from amend
r Imes. Since the body was interred a suspicion has arisen
that the dammed had been poisoned. Upon the informa-
tion of Mr. William Millet", of Ifsyle, brother of the de-
ceased, and Mr. Frederick Frinieeds, M.R.C.fiL., tie
Home Secretary, Sir George Grey, gave an ceder for the
exhumatioe of the body. This wee done on Wedasulay
last, and certain portions of the body ware seat for analyses
to a medical man. The result of his examination, communi-
cated by telegraph, was the issue of • warrant on Friday
last by the Rev. Uriah Tonkin, county magistrate, and the
same evening the accused was arrested at his residuum
The inquiry, which is suiting the utmost interest is the
neighbourhood, was adjourned until Thursday next, the
magistrates declining to accept bail for the appeases of
the accused. A portion of the aces-examinaith memo to
point to • samicioe of the nee of strychains. There are
rumours concerning the recent making of • will by the de-
ceased wider which the accused would benefit, sad that
there had been uukindnais on the part of the latter towards
the demand. The deceased, Mr. Jacob Curnow
and the prisoner, his brother, were in very easy circath
'tames ; the former had always lived oa his means, sad the
latter bad given ap, or all tat given ap, his practice as •
medical man in Hayle. Deceased was about 50, and the
prisoner about 411 years of sm.—Western Morning News.