The Express.
London, England, 1864-11-23 00:00:00

NAVAL AND MILITARY.

PORTSMOUTH, Nor. a-
The Warrior, 40, screw-frigate, Captain the Lion.
A. A. Cochrane, C. 8., was paid ont oT aommissias to-day,
under the supervision of Rear• Admiral Sydney Colpoys
Decree, C. B. The continuous service men were granted six
weeks leave of absence, and the ship will be placed is the
second division of the steam reserve.

The Marlborough, 121, screw !line-of-battle ship, Caplan)
Charles Fellows*, sod the Ariel, 9, serewaloop, Commodes
W. C. Chapman, ars under orders to pay out of commission
on the Ist of Decemter.

The Victoria, 121, screw linimit-batUe ship, Captain
James 13. Goodewough, was inspected this morning by
Admiral Sir Michael Seymour, G.C.8., and ia wider orders
to sad to-night for the Mediterranean, weather permitting.

FIN,6('RY Rtruts.—The prize shooting of the
fourth company took place at Rainbow oo Moo day. the 21st
instant, in the midst of a thick fog. The first prize, pre-
sented by Captain Tummy, wu won by Private Grosvenor
(44 marks); the second, presented by Lieut. Rolfe, by Pri-
vate Greateeo (41 marks) ; the third, presented by Sergeant
Mason, by Private Robuson (:i6 marks).

• - -
HEALTH OF LONDON.—It appears from the return
issued by authority of the Registrar-General that the rate
of mortality in Leedom is the week that ended last Satur-
day was exowitive, and its rise has been rapid. The deaths
VIM 1,742. In the three previous weeks they were Isamu-
-1,434, and 1,586. The number in the second
week of the present mooch was heavy ; but that which is
now returned exceeds it by 156. The mean temperature of
the air bed been 51 dep. in October. In the Ent week of
November it fell to 42.4 ; is the next to :17.5, and last week
it was 4.i.5. The average number of deaths for the forty-
sixth wet: of tea years, 19.'.44:3, is, with a correction foe
increase of population, 1.411. The actual result exceeds the
estimated number by 331. The deaths of persons noder
20 year. of age were b 77 in the preceding week, and 865
last week ; those at 60 years of age and upwards nee
from 2,0 to 360. Phthisis, bronchitis, and heart
&sears exhibit a marked increase in last week. '
To piatl::,,s were referred lo:i deaths, the corrected avenge
being 11.7 ; to bronchitis 249, the corrected average boas
160 ; and to heart disease 91 against M. Those from pout-
111013il (inflammation of the substance of the lungs) were 165
▪ 11,. Bronchitis was by far the most fatal of all the
dee sou the but. The deaths of eight nonagenarians were
returuvi in the week. The deaths in the Kermingtoil dis-
trict rases from s 7 in the previous week to 115 ;
in ~laryle-
bone they rose from st to 93 ; in L. 41164411 front 79 to 11l ;
in Greer...l.:A(l.cm •.•i to 99 ;in Whitechapel from 52 to 71.
In all tLeoe districts they were much alv.ve the average.
Measles was fatal in 63 case. ; 7 of which were recorded in
the district of Poplar. 6 in the west sub-district
of Greenwich. Scarlatina was fatal in B.i cases, 5 of
which wee is St. John, Westminster. 5 in Ilaggerstoos
East, 4 in St. George, Bloomsbury. There were 10
deaths limn typhus in the Greenwich district, :i ib
Plunistesd. 7in the Poplar district. The total number in
Londou was 86, At 19, Busby•street, Bethnal-green, on the
7th inst.. a bricklayer, aged 52 years, died of " couump-
Lion accelerated by want." (inquest). At 14, Half Nichol.
street, Bethnal-green, on the 4th lest., the d.aughter of a
labourer. aged 9 weeks, died from esounre wed weer of
nourishment, (Inquest). A boy, aged 10 months, died
on the :.t 5 1011 t., aid, Rinegete•tclids, St. George to-the Lost,
of diseisc oeeelersted by destitution and neglect. (Impost).
A womao, aged 66 years, died on the 10th mat., in Lan.
street, Greeewieh, of starvation accelerated by iatociaation
(Inquest!. A ha us painter died from lied poison. A
laboupr was suffocated and burnt by falling into a lime-
kiln, to which be had goes to deep. last week the births
of 544 Love and 1,016 girls, in all 1,960 children, were
registered in London. In the ten corresponding weeks of
the years 1864.63 the average bombes (corrected) was 1.906,

•
BR EA FA sT BE VERA': F- onxeopat n pract
tionere. and the medical profession generally, recommend i ocoa as
being the most healthful of all beverages. When the diatribe of
honeropathy was tint Introduced into this ciatuiry. there were to
be obtzuo I no preparations of c ieisa either attrasti vs to the Mete
or aa ciasl.l. to the stomach ; the nut was either la the
crude state or so unskilfully manufactured as to obten little
notice. J. Epps, et London, Emu viable Chemist, was Induced
in the year tole to turn his utteution to this sabfect, and at
length sui reeled, with the assistance of elaborate machinery to
being the fret to produce rin article pure in Its composition, and
so relined by the perfoet trituration it receive* in the process It
poems thr.ingh, as to be most acceptahls to the delicate stomach
For ceneral use Epps's Cocoa is distingulahed as an Invigorating,
serstch
dbreakfastbeverage, possessing a most delicious aroma.
Dr Hassan, In work, "Adulterations of Food, says
▪ Cocoa contains a great variety of Important nutritive minds
Dies—every ingredient necessary to the growth sad sustenance
of the body." Again : •As a nutritive, cocoa stands very much
higher than either coffee or tea." Directions—Two teaspoonfuls
of the powder in a breakfast cup, ailed up with boiling water
er snllk. Secured fu tin-lined *lb., and I lb. Ishened panels,
and w.i.l at la WI per IL., by grocers. coalectloners, sod chemists
•-(Advettlacetent.

LAW INTELLIGENCE.

COURT 011' EXCHEQUER.—Nov. 22.

Sittings in Baaeo.—(Before Lord Chief Berm Pollack sad
Bazar Bramwell, Mansell, sad Pigott)

I,IOHOIBON V.

AND YORKERDIR RAILWAY.

This was an action for damages for bodily injuries sus-
tained on the defendants' railway, tried at Mai:chaster, sod
in which the jury found a verdict toe a larger amount
of damages than were laid in the decimation.
A rule was obtained and argued during the pre-
sent term fora new trial, on the ground that the judge
bad no power to the damages in the declaration after
the jury bad given their verdict, and the court reserved
judgment.
Mr. Temple, Q.C., now intimated to the court that the
parties had come to an arrangement.

KILL= v. DRURI.

Mr. Bolwer showed cause against • rule obtained by the
defendant, calling upon the plaintiff's attorney to deliver to
the defendant the bill of carts incurred by him in this ac-
tion, and to stay all further
It appeared that some digrr:::ea.arisen between the
parties in regard to Brother Ignatius. The defendant was
• clergyman at Olaydon, near Ipswich, and the plaintiff
lived at the same place. On the 14th April bat the defen-
dant uttered some words to the plaintiff's son, which the
plaintiff considered imputed dishonesty to him in respect of
some bankruptcy transactions. The plaintiff directed his
solicitor to write to the defendant complaining of the
alleged slander. Some correspondence followed, end on
the Nth May he again wrote, saying that the plaintiff
would accept en apology if the defendant would pay 201. for
oceta. In reply the defendant's solicitor said Us client
wee willing to withdraw the words he had uttered
and apologise, if the plaintiff thought they re-
flected upon his honesty and integrity, but said nothing
about coats. An application was then rode for the 201.,
bat the defendant merely replied that he wished to have
the billkof costs. The plaintiff then lamed • writ on the
9th June, and on the 2nd July the defendant scat a letter
enclosing • cheque for 331. In the meantime other ex-
penses had been inclined, and the plaintiffs solicitor
refused to take that sum, but said if he paid 301. he would
settle the matter. The learned counsel now submitted that
the offer woe, that if the defendant paid the specific sum
of 20/. no proceedings would be taken, and not if he paid
the costa, ss was contended on the other side.

Mr. A. K. Stephenson, who appeared in support of the
rule, rid the defendant was perfectly ready to pay the
proper costs of the solicitor up to the tune when the apo-
logy was made, but no more.

The Lord Chief Baron maid the question seemed to be
whether an attorney of the 000 rt had a right to ay, "I
will accept cost., but tLey must be something I mention
and not subject so taxation."
After some discussion,
The court expel:weed some doubt as to whether an action
could be maintained on the words complained ot, and
seated that as an apology had been made the parties should
sore to some arrangement as to the costa.
Mr. Stephenson said he would rather advise his client to
plead to the action than consent to pay more costs than
thaw incurred up to the date of the apology.
The Lord Chief Baron—We will take time to consider our
judgment, and in the mean time perhaps some arrangement
mar be arrived at.
Judgment deferred.
SAUNDERS r.

With reference to this action for &malt, tried before Mr.
Baron Martin, end in which the plaintiff obtained a verdict
with 101. demagee—we have received a letter on behalf of
the plaintiff oomplainiog, not of the inaccuracy of the
report, which appeared in the Ex prcu on the 4th instant,
bat of the beading attached to it, which he mays is cacti-
lakid to injure his character. We bare to express our
regret that such a beading was used, bat at the same time
mast add that it was done inadvertently, and without the
elightest animas by oar reporter.

CENTRAL CRIMINAL COURT.

(Before the Recorder.)

Tiri'ham Ou.'ley, a constable in the B division of Polio*,
surrendered to take his trial upon an indictment charging
him with assaulting Sarah Gompertz, and causing her actual
bodily hsrm. He was also charged in another count with
a common assault.

In this CAIN Mr. Metcalfe, in his address to the jury for the
defence, said that his instructions were that the charge had
been trumped up by the prosecutrix and the other parties
who had been examined, and that there was not the slightest
foundation for it. He remarked upon the extreme impro-
bability that a man who had been for several years in the
polios force, and who he should show bore a most excellent
character and enjoyed the confidence of his superiors in
the force, should have acted in the disgusting manner that
had been stated, without the slightest provocation or offence
being given to nim, and he said that the whole story that
had been told by the procentrix and her witnesses was of
such an improbable kind that it appeared to him the jury
ought not to give credit to it. The learned counsel then
proceeded to remark upon the contradictions that appeared
in the testimony of the witnesses who bad been examined
for the prosecution, and concluded by commenting at con-
siderable length upon the refusal of the prosecutrix to
submit to au examination by the medical man, and to
her endeavouring to obtain • certificate without such era-
micetion.

A number of witnesses were then examined on behalf of
the defendant, and their evidence amounted to • complete
and positive denial of almost every fact that had been deposed
to by the trillium for the prosecution. According to their
version of the affair the defendant was in the performance of
his duty at the place in question whea he saw the prose.
cutrix and another woman in the act of fighting, acd a mob
of • hundred people assembled, and he interfered to pot a
stop to the disturbance. The evidence was to the effect
that the defendant asked the proseeutrix to go away, and
told her that if she did not do so he should be obliged to
take her into custody, bat indeed of doing so abe made use
of a most offensive expression, and he then laid hold of her,
and the moment he did so she spat in hos tau. He then
took her to the police-station, but it was stated positively
that he need no more violence to the proucutrix than was
absolutely necessary to enable him to get her away, and
several witnesses swore positively that the defendant had no
carrot or anything of the kind 111 his hand at the time the
affair took place. The police-sergeant who was present at
the station-hone/ at the time the prosecutrix wee
taken into the station by the defendant, elated that
she was then in an excited state, and was charged by
the defendant with causing a disturbance and being disor-
derly. After remaining in the station • short time, he told
her, if she would go sway quietly and promise not to be
taken there again, be would let her go. She pro-
mised to go home quietly, and he let her go. He declared
positively that at that tune no charge was made by the pro-
' matrix against the defendant. The sergeant also gave the
defendant • good character, as did also Inspector Broad,
who sea the inspector at the same station.
The jury retired, and after an abeeece of only • few mo-
meets returned into court with a verdict of Not Guilty.
There wu some attempt at applause which was imme-
diately unearned.