The Express.
London, England, 1852-07-27 00:00:00

ASSIZE INTELLIGENCE.

HOME CIRCUIT.—MAIDSTONE, Jr us 26.
The commirion for tho county of Kent was opened in
this town, on Sstuelay evening, by Mr. Justice Manic, and
business was proceeded with this morning in both courts,
Lard Chief Justice Jervis presiding on the civil side, and
Mr. Justice Maule in the Crown Court.
The gaol calendar contains the names of 40 prisoners, and
the offences comprise murder, attempt to murder, rape,
highway robbery, and other serious charges. On the civil
aide 17 causes are entered, three of which are special jury
MOIL

OXFORD CIRCUIT.-STAnORD, lax 24.

Nam Pasys Cam,.
Dos Dm. AUXITSTZAD V. Norte

RAILWAY COMPANY.

This was an action of ejectment, tried by a special jury,
in which Mr. Whateley,Q.C., and Mr. Whitmore appeared
for the plaintiff; and Mr. Keating, Q.C., and Mr. Phipson
for the defendants. _ _ _ _

The piece of land in question wee called the Cat's Palau,
and had given rise to several actioas, one of which was de-
cided in the Queen's Bench about a year ago. The plaintiff
charged the defendants with having taken possession of
about two roods of land, the property of the plaintiff, and
which formed the subject of this action. The plaintiff
contended that the land was not included in the quan-
tity necessary to be taken by the company, end
that the company had at one time refused to
take it. On the defendants' side it was proved by
the agent for the company that the land was taken
upon his advice, and that it was now being pre-
pared for rails which were necessary for the company's
traffic, the land being in the neighbourhood of the prin-
cipal station at Stoke. The company had taken the seen-
ea y steps for having the land valued, and the sum assessed
was lying in the bank, as provided for by the act. Ilia
lordship said the only question the jury bad to &cide was
whether the company reasonably required the land. The
jay retired and after an absence of two hears re-
turned into court, when the foreman pat several questions
to the judge relative to points with which his lordship told
him the jury had nothing to do. The foreman said there
was no likelihood of their agreeing, and asked that
all the jury might be provided with refreshments—cm
laugh)—as he saw that some had come prepared. His
lordship said he would give no direction on the subject,
and the jar/ again retired to their room. The jury
again returned into court about half an hour afterwards,
and put some more questions to his lordship, which his
lordship said had nothing to do with the question left to
them.

The foreman then asked what was the meaning of the
term " necessary," as applied to the land required by the
company ?
His lordship replied that it meant the land that was re•
quired, not for simply making the line, but for conveni-
ently carrying on the traffic. This question he thought
they might have decided in a few minutes.
The Jury then returned a verdict for the defendants.

JULY 28.
CM= MO. Jrrrics Wiu.uas.

CX41.01 OP KILLING A MAN NINA YIARS AOO.
William Veal and Williams Birth, two respectable men,
surreadsm&to take their trial for the manslaughter of John
Dyne^ su the 22d of January, 1843, at the township of
.
Mr. esaillaad and Mr. Hill were for the prosecution CMr.
Buddhists& defended Veal, and Mr. Kettle the prisoner
Birch. _ _

It appeared, from the evidence, tbat the prisoner Veal is
a manufacturer of locks, at Willenhall, and at the time of
the alleged crime Birch and a men named Burrows, sines
dead, were his workmen. On the night in question, the
22d of January, 1843. a Sunday evening, the prisoners left
Veal's house, where Burrows and Birch lodged, in com-
pany with Burrows, for the purpose of liberating
• donkey, which bad been impounded. On the same
evening, the deceased, John Bytom, was returning home
in a state of inebriation along the canal side at Willenhall,
near the home where Veal then lived, and never having
been again seen dive, suspicions were excited that he bed
been drowned. These suspicions were also strengthened
from the feet of there being marks at one part of the meal
aide as if some persons had been struggling there. The
canal was then dragged, and, after a lapse of four any%
the body was found; Veal having previously pointed oat
the spot where he last saw the deceased. An inquest wee
held on the body; the prisoners, with Burrows, were sane
stoned to give evidence, and, after the inquiry, a Torah*
of " Found drowned " was returned.
Enoch Stone, a young man, stated that he was about nine
years ago placed on trial as an apprentice to the prisoner Veal, as • locksmith. On a Sunday evening, about that
time, he observed Veal, Birch, and Burrows, go out tie-
gether and afterwards return. About ten o'clock he west
to bed and fell asleep, after which he was awakened by
Birch and Burrows coming to bed in the same roomiest*,
same bed. After they were in bed, he heard Birch my te
Burrows, " There is a bad job happened ;" to which Sa
rows replied, " What is that?" Birch then answered.
" When we were coming ham we met Bynasy who sal
me to put him in the MOM mg Ise oda/awry, when
Veal wad Let him be,' ma paid him inlet,* meal, est
I deal knew whether he got NS @Pk Off OW'
• NM named George Clew% die eft is eypeollesdat
the mine time to Veal, correbeftedhe statement et Shoe,
SO Ilia else a witr.rn noosed Panay another aftendloe,
all el wheat slept in the NM ream with Birch and Bev
sews.
John Hand, • toehold's. ebbe ifteitid for Veal about the
due Hymen was drowsed, deposed that whilst at work he
lewd • conversation between Veal, Birch, and Burrows
sheet Bynum, when Burrows said " If it had not been for
my swearing well at the inquest, we should have been
transported ;" ' when Veal turned round and replied, " I
believe if it had been left to Birch, we shoeld have been
timpeewee hefted."
'fbase witnesses went severally croseesamined by both
leureel he the peleenen, and it was elicited that, although
they Mew the Jewel was being held, neither of them said
• went shoat the esaversations they had heard until within
=led of three yews Maws' that legal proceedings had
betweenVasend eine et Ciews's workmen
abenttaftor three year. ye; end that Stone and Hand
had beat several times In gaol theamelves—the former for
'leaving his work sod en assault area a female, and Hand
f..r nosiest of work and felony.
GUMS Pritchard and John Putman, parish constables,
proved the holding of the inquest and the finding of the
body.
B.obert Fidler, police officer, proved the apprehension of
the prisoners on the charge in March last.
Stone end Clews were re-called, and the depositions be-
tem the magistrate were seed eves to thew, wherein they