The Express.
London, England, 1862-12-04 00:00:00

THE EXPRESS, THURSDAY EVENING, DECEMBER 4, 1862.

.Abu intYlitatritis
EQUITY COURTE.—Dsc. 3.
(Wore the Lords Justices of Appeal.)
saw mimes coma=
Mr. Osborne and Mr. 6t. George Bourke were celled
within thilmr, am Queen's Gemmel, with ths anal formalities.

(Before

Chancellor Sir R. T. Rindonley.)
KLIJOIR V. ISM.

This was a motion for an injunction to midair, the defen-
dants from proceeding with the demolition of the premises
occupied by the plaintiff in Bell-court, Mincing-lane.
Plaintiff is a wise merchant, and occupies the tint door and
rename of a house in Bell.conrt, under an agreement as
yearly tenant, dated September 15. 1147. In 1861 his
lessor, Mr. Bentley, disposed of his interest in the premises
to the defendants, who also purchased other property in
the court with a design of taking down the whole of it and
rebuilding. Plaintiff was served in December with a notice
to quit in June. It appeared that he had always paid his
rent in December and June, but plaintiff objected that as
his tenancy expired in September, arid the notice to quit
should be to quit at the end of the year, the notice to leave
is June wise bad notice. Defendants, however, have com-
mooned demolishing the premises, and the object of the mo-
tion was to restrain them from continuing to do so.
Mr. Glare and Mr. Roxburgh appeared for the plaintiff ;
Mr. Baily for the defendant.
The VioaChancellor granted the injunction.

COURT OF QUEEN'S BENCH.—DEc. 3.

After Term Sittings at Nisi Prim.—(Before Lord Chief
Justine Cockburn and a Special Jury.)

B.IIITWOOS V. BUTTERWORTIL—MR. MGM BETIIOUR, M.P.
AND THE BEECHER/I OF THE MIDDLE TEMPLE.
(Concluded from yerterday's Expeess.)
- - -

The Lord Chief Justice, in summing op, reminded the jury
they were not there to revise the sentence pronounced by the
Benchers, but, aye or no, was this article a free and impartial
criticism of all the circumstances connected with Mr. Say-

Moor's public and professional career, or whether it was
written for the purpose of gratifying a bitter and malignant
feeling of hostility towards Mr. Seymour. Mr. Seymour
had from advice he had received not thought proper to ap-
peal to the proper quarter against the decision of the
trenchers, because an appeal did not lie from them to the
judges. Without, however, going into that question, he
wished it bad been tried before Mr. Seymour decided on
bringing this action.
The jury retired to consider their verdict, and after an
absence of 40 minutes, returned into court with • verdict
for the plaintiff—Damages 40s.

COURT OF COMMON PLEAS.—Dec. 3.
Sittings at Nisi Prins in Middlesex.—(Before Lord Chief
Justice Erie and a Special Jury.)
A JUILOR'S COMPLAINT.

Mr. Healey, one of the special jurymen summoned in the
cue of " Collyer v. Smith," addressed his lordship, com-
plaining of the mode in which summonses were served. He
said that about midnight on •Monday, after he bad been in
bed some time, his bell was rung several times, and after-
wards there was a violent knocking at the street-door. He
was much alarmed, thinking that there might be a fire, and
therefore he got out of bed and went to the window. In
answer to his inquiry as to what was wanted, a man
in a most offensive way said he must come down, that
there was a summons for him to serve on a jury.
He (Mr. Healey) declined to go down, telling the man to
throw the summons into the area ; but instead of at once
seceding to this request, the reply was that the servant must
be sent down. He (Mr. Healey) added that it was not in
his own particular case only that there was ground of com-
plaint, for several other gentlemen had also complained
to him.
The Lord Chief Justice said that inquiries should be made
into the alleged misconduct of the server of summonses,
and care taken to prevent the recurrence of any such cir-
cumstance.

in apprehending another who was in the act of committing
an indictable offence, and that the law gave additional
powers in the case of gamekeepers, and if a person in that
position was shot while in the act of endeavouring to ap-
prebend a poacher, it would be murder, supposing he only
made use of moderate and reasonable force and violence to
effect that object. if, however. there was an excess of
♦iolence on his part, the offend would still be man-
slaughter, and as the deceased appeared to have made use
of the tlail during the affray, it was deemed advisable
to abandon the charge al wilful murder and premed
against the prisoners for the offence of manslaughter only.
With regard to the prisoner Eversfield, he had, no doubt,
mislaid's, been committed to take his trial upon the charge
of murder, but, from information that had since been re-
ceived, the prosecution had reason to believe that he was
not one of the party, sad Hawke', the approver, stated
positively that this was the case, and the police engaged in
the inquiry were of the lame opinion. As to him, therefore,
he was ready at once to consent to offer no evidence, if such
• course met with the sanction of the court.

Mr. Justice Bytes said he should not interfere, and the
cam was proceeded with against the whole of the prisoners.
The learned counsel for the prisoners, at the close of the
Clllll for the prosecution, addressed the jury on behalf of
their respective clients, the line of defence taken by both
being pretty much the same, namely, that the evidence of
the accomplice could not be relied upon, and that there was
not sufficient confirmation of his testimony to justify the
jury in finding the prisoners guilty of so serious a charge.
It was also urged that, even supposing the jury should be
of opinion that Luck was the man that fired the gun and
killed the deceased, nothing was more probable than that
it was fired, during the desperate struggle be had with the
keeper, by accident. The learned counsel also argued that, if
the jury should even think that the gun was discharged wil-
-1 fully, there was no evidence to show that any of the other
prisoners concurred in that act, and, consequently, upon
both these grounds they were entitled to an acquittal.
Mr. Justice Byles summed up the case with great care
and minuteness, and he said that before the jury would be
justified in finding the prisoners, or any of them guilty,
the. must in the that place be satiafied that the gun was
fired intentionally, either by Luck or one of the others, and
secondly, if they should think that this was eatablishrd,
they must be satisfied that all the prisoners bad one
common object, and thnt they all ,oncuired in the dis-
charge of the fatal shot. He at the same time observed,
with regard to the latter question, that it was a very
material fact that when there was represented to have been
a cry of " Shoot, shoot," that only one gun appeared to
have been discharged, although it was clear that six of
the party at least were provided with guns, and might
have discharged them if they bad thought proper to do so.
As to the prisoner Evenfield, they would, of course, he
said, under any circumstances, return a verdict of not guilty,
as there did not, appear to be any evidence against him.
The jury retired to consider their verdict, and were ablaut
about twenty minutes, when they again returned into court,
and gave a verdict of Nut Guilty as regarded the whole of
the prisoners,
Thu prisoners then (with the exception of Eveeafield,
against whom the charge was abandoned, and wbo was
ordered to be discharged from custody) pleaded guilty to
the misdemeanour of being in pursuit of game illegally in
the night time.
Mr. Itibton urged on behalf of Luck that he had served
for eleven months in the trenches before Sebastopol, and
had received a Crimean medal, and left the army with a
very good character. He bad also already been eight
months in prison upon these charges.
His Lorthhip said he would consider what sentence should
be pronounced.

it to a tradesman in the neighbourhood and obtained the
amount. The forgery wee, of course, discovered when the
cheque was sent to the hanker's.
The prisoner wee fully committed for trial.
CU...MEN WELL.

William Hill, a wall-dressed young man, residing at 19,
Windsor-terrace, City-road, was charged before Mr. Barker
with robbery, and with embezzling several sums of money
belonging -to his employer, Mr. F. Mordan. gold pen and
pencil manufacturer, of 32 City-road.
The prisoner bad een in the employ of the prosecutor am
clerk and traveller, at a liberal salary. Ell duty was to
account for all money he received on the same day. One or
two cues of embezzlement to a small amount coming
under the notice of the prosecutor, he spoke to
the prisoner on the subject, and placing confidence in
his aasurance that he (prisoner) had disclosed all
his defalcations, he (the prosecutor) did not give him
into custody, but discharged him with a caution.
From what afterwards came to the knowledge of Mr.
Mordan, he placed the matter in the hands of Police-
sergeant Evans, 22 G, and the prisoner was apprehended
on some fresh charges. At the police-station the prisoner
said he was guilty, and remarked that had time been given
him he might probably have paid the prosecutor the money.
Since the prisoner had been in custody he had written to
the prosecutor, and told him of two or three eases in which
he bad embezzled money.
Police-sergeant Evans asked for a remand, as some mate-
rial witnesses were not in attendance. . . .

The prisoner said he was guilty, but hoped the magistrate
would admit him to bail. - -

Mr. Barker remanded the prisoner until Tuesday next,!and
vented summarises against the absent witnesses. He said
he would take bail—two sureties in the sum of 601. each,
and the prisoner himself in 100/.
The prisoner was locked up in default.

Mr. Peyote, (to the pHs:marl—Whet have you to say?
Do you .611 declare yourself to bee deserter"
Prisoner—No; I am not a soldier at all.
Mr. Poynter—Yon are committed for three months to hard
labour in the House of Correction.
SOUTH WARE.
In the mono of the day several respectable young
women attended before his worship for his advice under
the following circumstances. One of them, who was
selected as spokeswoman, stated that • few days ago an ad.
vertisement appeared in some of the morning newspapers—
" Highly advantageous to young ladies in search of employ-
ment ;" setting forth that for the small sum of half • guinea
the advertiser, who carried on an extensive business in the
Borough, would teach young ladies the art end mysteries of
the sewing machine, promising them as soon as perfect to
give them profitable employmeut. The speaker and several
others, answered the advertisement, and had an Interview
with the advertiser, at • house on N ewington-causeway, where
she saw four machines at work, and, believing that it was
all right, she and her your friends paid the man their half
guineas, but after receiving a few lessons, of no use to them
whatever, the place was shut up, and some of the machine,
were removed.
Mr. Comte--Wbat name and address did this artful per-
son give in his advertisement?
Applicant--Mr. Lewis, No. 20, Bridge-house-place, New-
ington-cautery/ay.
Mr. Combo—How many lemons did he agree to give you
for your half-guinea ?
Applicant—Forty-one ; an hour each day until the whole
ware completed. My time was from 10 to 11 and different
times ware arraaged for the other females. 'When I went
there were four huachints. Some were working them, and
others were looking on.
Mr. Combo—How many lemons have you received?
Applicant—Only four, and when I went to him a few
days ago he refused to give me any more. Now he has
left, and I and my friends want to know what we are to do.
Mr. Combs—l have no doubt you have been taken in by
so artful PerliOn, who obtains • rich harvest by advertising.
Do you know where he comes from?
Applicant—l understand, sir, that he lives somewhere
near Camberwrilllate. He had only hired a room on New-
ington-causeway, which he has locked up and gone away.
Mr. Combo—Has he removed all his sewing machines? '
Applicant —I understand that he has left two behind, but
no doubt he will remove them to-day, and advertise to teach
young women in another part of London.
Mx. Combe—At present i cannot see that any fraud has
been committed. He has not removed all his property
away from Newington-causeway, and may return even to-
dsy to fulfil his engagements. If he does not return he
will render himself liable to be convicted of fraud. I have
no doubt the reporter will notice your application, which
may be the means of his returning your money, and pre-
venting any more young ladies being duped.
The young women expressed their thanks to his worship
for his attention, and withdrew.
MAME&
Thomas Jackson, aged 19, who looked much older, who
has been known to the police as • ruffian and thief for
several years, was charged with assaulting Mrs. Edwards,
wife of a commercial traveller, and robbing her of an em-
broidered dress valued at 31s.
The promentrix was residing at No. 16, Bedford-place,
Stepney, and shortly after 8 o'clock on Tuesday night was
passuig.aloog Richard street, St. George-in-the-teat, on her
way to her mother's house, when the prisoner suddenly
darted from a narrow court and seized her by the neck.
At the same time he made a snatch at her gold chain, and
in doing so dragged away a brooch which fell and was
broken. He then struck her • violent blow on the face
with his fist, and while she was staggering from the effects
cf this blow he snatched from her hand a new embroidered
dress and ran away with it. She soon recovered herself and
pursued him.
Arnold Thorpe, a ladies' shoemaker, saw the prisoner
running, and at the same time calling out " Stop him—stop
thief," although no one was in front of him. The prisoner
was closely pursued, and dropped • bundle which another
man picked up. It was the lady's drew. The prisoner was
soon afterwards taken.
Thomas Biddle, a Dock foreman, and William Dick-
son, a painter, who chased the prisoner, and in spite of •
determined resistance held him fast until • police-officer
arrived, gave evidence.
Mr. Woolrych was glad such alacrity and vigilance were
exhibited by the three witnesses, and mid every man could
be a police-officer if be saw • felony committed, or about to
be committed, and any
.person could legally assist in
securing a thief and conveying hint to the nearest police
station, without waiting for a constable at all.
The pr,soner was committed for trial.
Abraham De Fries, an elderly Jew, carrying on business as
a jeweller fur many years in Bishopegatestreet and Petti-
coat-lane, was charged on remand with feloniously receiving
• large gold chain, value 111. 10s., he well knowing it to be
stolen.
The particulars of the cane have already been reported.
Mr. L. Lewis now said the prisoner bad been for thirty
years a jeweller in the city of London, and maintained an
honourable reputation. He was in the practice of buying
" job lots" of gold, silver, and jewelliny of respectable
tradesmen, and received the gold chain in question of a
master sweep, an old customer, and gave 71. 10s. for it. If
the chain cost W. 10s. originally, 71. 10a. was not an
unfair or • low price for it by a jeweller to sell again.
He might, had he been so disposed, have melted the chain
and destroyed its identity ; instead of which he placed it
publicly in the middle of his window, and not in • corner
of it, as represented. The prisoner bad also given' the police
every information, and had caused the apprehension of the
chimney-sweeper.
Several witnesses having spoken to the respectability of
the accused,
Mr. Woolrych said a satisfactory explanation bad been
given, and the prisoner would be discharged.

ANOTHER BOILER lIIPLOSION.--SEVEN MEN
KILLED AND FIFTEEN INJURED.

About seven o'clock yesterday morning a dread-
ful explosion of a boiler took place at the promisee of
Messrs. Deateon and Co., the Midland Iron-works, Masbro',
by which seven live* have been sacrifiood, and others put in
jeopardy, and a great amount of injury done to property.
The Midland Iron-works are of vast extent, and a great
number of men are employed in puddling and rolling, and
the other laborious operations which are carried on in the
works. The rolling mill occupied a large space in the centre
of the works, and it was in this part that the fearful cala-
mity took place. Several boilers of various dimensions
were fixed in the mill to furnish the power necessary to
work the large number of rolls that were in use. One of
these boilers, nearly the largest in the place, was embedded
midway between two smaller ones, at about 80 yards from
the entrance gate. A few minutes after seven yesterday
morning there sere about 150 men and boys employed in
the shed. The work was proceeding as usual, when a
tremendous report was heard, the large boiler launched
itself forward into the mill, and in an instant's time
the whole place was in ruins. The two large tubes of
the boiler were projected with immense force to
the rear of the premises, being accompanied in
their flight by showers of red-hot bricks from the bed of
the boiler, slates, and sheets of iron from the roof of the
shed, and other portions of the debris, which covered the
whole space around. Before the tremendous missile
everything want down like reeds. The roar of the
explosion was terrible, but it was quickly succeeded
by still more appalling sounds—the shrieks and
screams of the unfortunate persons who were buried
beneath the ruins. The survivors set immediately to
work, and having taken steps to obviate any danger
from the other boilers, they commenced to extricate
the wounded and the dead. Of the latter there were found
five, most of whom had been killed instantaneously by the
rush of the boiler or the ponderous fragment* which
it displaced. Their bodies were removed to the
Butchers Arms, an adjacent public-house. Two
others of the sufferers, of the name of Cawthorn*
and John Elba, who were removed in en insensible
condition, died shortly afterwards. The injured men num.
her about fifteen, midmost of them are suffering from wounds
of • very dreadful nature, caused by the scalding water
and steam, or the fragments of the ruins which had fallen
so thickly. Nine of them were sent at once to the Masbro
station, and taken by train to Sheffield, where they were
removed to the General Infirmary.

THE Mugl,Cß ?CHAR TILE VICTORIA DOCK/A—Tea-
terday Mr. Lewis resumed the inquiry at the Victoria Dock
Hotel, near the Victoria Docks, North Woolwich, Fes, re.
specting the death of Arthur Helton, aged 21 years, a porter,
lately iu the service of the Great Eastern Railway Company,
who, it was alleged, had died from violence inflicted upon
him by several drunken sailors, supposed to belong to the '
screw-steam collier James Dixon, under the circumstances
already reported. The prisoners (Mitchell and Hewitt) were
brought up in the custody of an officer from Ilford gaol
handcuffed. After some further evidence had been taken,
the jury returned a verdict of "Wilful murder against
George Mitchell and William Hewitt," who were then exp•
mitted on the coroner's warrant to take their trial at the
Central Criminal Court.
SOUTH KENSINOTON Musisum.—During the week
ending Nov. 29 the visitors have been as follows :—On
Monday, Tuesday, and Saturday, free days, open from
10 a.m. to 10 p.m., 9,505 ; on Wednesday, Thursday, and
Friday, students' days (admission to the public 6d.), open
from 10 a.m. till 4 p.m., 1,210 ; total, 10,715. From the
opening of the museum, 3,608,226.
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