The Express.
London, England, 1864-12-24 00:00:00

LAW INTELLIGENCE.

elided by as instrnment that wu not very sharp. Of Bonne,
after this the prisoner yam taken into custody by the polies
officer in the district, and his hands were then observed to
be covered with blood. When asked where be got the
blood from, he said '• Yon know." but would not say any-
thing about his brother. When eissrohed, there were • few
and a collecting card for the Primitive Methodist
pies
in his pockets.
At one stage of the use the learned judge Intimated it
yes a great pity the trial had not been postponed to allow
of inquiry being made lath the mental condition of the
prisoner.
Mr. Lawrence said he was not aware of there being any-
thing in hie mental condition to render inquiry Ea:emery.
Mr. Justice Lyles mid he did not blame anyone.
The evidence wu proceeded with. and the prisoner's
father, who was examined, stated that his son had lately
rambled about likes lost person.
. . . . .

COURT OF QUEEN'S BENCH.—Dice. 23.

After Term Nisi Prins Sitting at Gaildball.-(Before Lad
Chid J maim Coolearn aed • Special Jury.)

BRINDI.I P. THY LONDON, BRIGHTON, AND BOOTH 00ANT
RAILWAY COMPANY.

This was an action brought by the plaintiff, the widow
and milt.inistratrix of her deceased busbAud, to obtain com-
pensation in damages for the death of her husband, through
the negligence of the defendants' servants. The
defendant. pleaded not guilty.
Mr. tierjeaut Atkinsou sod Mr. Marriott were counsel for
the plaintiff ; the Hon. G. Denman, (4.0., and Mr. Hassan
were counsellor the defendants.. _ _ . .

Toe p s husband was a fruit and 83h dealer, resid-
ing at Waliwortb, and earning from 25e. to Ma. per week.
On the Jrd of 04totcr last, Croydon fair day, he took a
third cla-s return tiact for Croydon by the company's
train. Ha went to the Croydon platform about nits o'clock
at sight fur the purpose of returning to London, and there
Ihe found a I,rge coin:ours) of persons waiting thu arrival of
the train. There was a great rush for seam, and the de-
ceased fell underneath the wheel, of one of the carriages
sad was lulled on the spot. The plaintiff's case was that
them was glum ihiso..magetoent with regard to the train,
and that tame were no porters on the platform to protect
the public. By her husband's death she and her three
children were left destitute.

The jury, after hearing from the Inwood judge an ezpla.
nation of the law applicable to the came, returned a verdict
that the primmer committed the act whiLt in an nnecond
state of mind.

The onsooer was removal took to pol.
acorje Purkuison, for arson, at Drd worth, nest Windsor
(whose caise was reported in this journal yesterday), was
sentenoed to seven years' penal servitude ; George Solt, for
strum, at Clearer, Dear Windsor, twelve years ; sad Janet
.11,1pwrd, for arson, at Whitley, near Beading, seven years'
penal servitude.

NORTHERN CIRCIIIT.—LiviarooL, Dr.c. 22.

The deems, was a total denlsl of the negligence attributed,
that there *ere no porters on the platform. The engine
driver, guards, and station-master, a number of porters,
sad two independent witnesses were called, and deposed
that every precaution was taken for the safety of the
public, and that the accident arose from the deceased en•
&mooring to get into the carriage, in the rush for places,
before the trace *lowa
The jury, after being locked up nearly three hours, m-
imosa a verdict for the defendant; with a recommeedatioa
that, is consequence of the melancholy death of the hus-
band, the company should make her a gratuity.
The verdict wee accordingly entered for the defeadente.

(Bofors Air. Justice Blackburn.)
PRICE AND Will V. BOWELS.

Ma was an action against •;ttrigeou for malpractice. Mr.
Pryce is au upholsterer, at Birkenhead, at which place the
defendant, Mr. Esau Bowies, is in practice ea a surgeon,
sod the action was beought against him to recover comps. 0-
Nation for his negligee: aod unskilful treatment of KM
Pryce's broken arm. About 11 o'clock oc the morning of
the pith December, 11013, Mrs. Pryce's foot slipped as she
was plug downstairs, she fell ball way down and broke her
right forearm in the middle. Both bows were broken, but
it WAS • perfectly simple fracture, not a compound fracture,
ia which the bores protruded throughthe skit. Mr. Boween
was called in, and he attended, about threequarters of an
hour after the accident, to set the arm. The arm was put
into a splint with the beck of the hand uppermost. (A
skeletou arm was produced to show she jury that
when the hand is turned with the palm down.
wards the bones of the forearm cross over each other,
ioatead of laying separate, as when the palm is upper.
most.) After Lying
bandaged the hand became swollen and
ble-k. Mrs. Pryce had great pain all night. Next morn-
ing she complained, and Mr. Boweee took the bandages off ;
thearm was bandaged nein, slacker but the back of the band
• rernamel uppermost for nine days, daring which time
the defendant visited her every day. On the 2nd or 3rd
day the arm was fomented with hot water. She had mach
pain all this time, and the arm swelled very much. After
this he turned the arm round, with the palm uppermost,
an operation performed with difficulty ; and when the
bandages were removed to do this, she observed that a
wound 2i inches long had formed about half-way up the
arm. Mr. Boween then said it was almost • compound
fracture. There was, however, no such wound when the
, arm was firs: bound up. le;itead of healing, the wooed
grew was, aad ate could see in it the vetes, and
all the works." A leader, or tendon, also come
to the surface of the wound. Mr. Boween ordered
• harm poultice. Mrs. Pryce could not get hero, and instead
sho used arnica and water. When she told Mr. Boween
that she had used arnica he did not seem pleased, but when
he saw that arnica agreed with the wound be used it for
more than • fortnight. Mr. Boween cot • tendon which
, coins to the surface of the wound ; it wee like a piece of
taps, and conies it gave her pain. Other tendons appeared,
, and she refined to have thorn cut. She went to Mr. Evan
' Thomas, a bone setter, and his son a surgua, who set the
arm. The aloes have now joieed, so that Mrs. Pryoe cannot
move her arm except stiffly at the elbow, and the his mi-
-1 tirelv lust, and will never recover, the use of her right arm
and tiugers. Sbe was in good health at the time of the &xi-
; dent, sod did household work, but since then she hie not
been si.le to even wash herself.

SECOND COURT.
(Boforre Mt. Justico Shoe and Common Jurha.)
UNCOIL/1 P.

This was an action upon an attorney's bill.
Mr. l'ini.naz was counsel for the plaintiff ; Mr. Hasa
wax eout.,el for the defendant.

The pinintiff wee eniployeil by the defendant to nego-
tiate a lout of LOW/. upon his property, sod the only tines-
tics was whether the plaiktiff had dose the work on the
ordinary terms, that he should be paid profewioaal fees, or
th►t he should only ba paid in case he obtained the loan.
The loan was net obtained.

le tit) coarse of the trial the jury expressed as opinion
that there seas Do retainer for fever and ultunataly they rse
turned a verdict for the defendant

FISHER r.

This was an action to recover the bum of resit of
certain Laud in the neighbourhood of Orford, need by the
defendant for a booth daring the rues. The defendant
pleaded sever indebted.
Mr. t,0r.100 Alice w.s counsel for the plaintiff; the de.
fondant appeared in person.
The plaintiff is an auctioneer. and the defendant is a pub-
lican at Oxford. The ground wu let by auction, and the
deleodaut took 18 feet frowns at :to,. per foot. He need
the land out refused to pay for it. The laud was let by the
order ..f the corporation and the race committee.

The defence was that the corporation had no right to let
the land. It was land belonging to the freemen of Oxford,
and as a freeman he disputed the corporation'. right
to let it, and clairied • right to nso it as • portion
d hie own freehold estate. He had paid for the nee of the
land at former occasions, but he resisted on the present
oecuion in order to try the question.
Mr. Justice hints said the plaintiff had not proved his
zigiis to recover.
Mr. tiaillon Allen s►id he would elect to be nonanited.
The 1 ',timid! was accordingly nonsiuted.
Tun' .lased the sittings.

COURT OF COMMON PLEAS.-DEC. 23.
SECOND COURT.

Thejury found 4;;;1;57;:the defendant.
HOME CIRCUIT.—Lawra, Dsc. 23.
TB! CASS OF TRIA9I7III FROM
•

&Cap at Nisi Priam in Loodon.—(Before Mr. Julio
Willa. and a Special Jury.)
IiZAILD V. HOLMAIT.—COLLLSION £T ST.A.

The public will remember that at the Demmer arises of
Vied for this county two young men, named Silas Thomas
and Stephen Willett, were 000victed upon so indictment
preferred against thorn by direction of the government for !
unlawfully appropriating to their own use and disposing of '
certain valuable property belonging to her Majesty.
The case was one of • peculiar character, the effecter of
which the defendants were convicted being that of making
away with a large quantity of valuable antiquities that
were ploughed up in • field by a labouring man in the
neighbourhood of Hastings. The way in which the &fen-
dents came into possession of the property was somewhat
curious. It appeared that the original finder of the
articles merely treated them as pieces of old motel, although
they were in reality ancient Druidical remains, composed
of the very finest gold, which had probably been in the
*arch for more than a thousand years, end be merely
shovelled them into • corner of the held, where they Ldfar
several days. The rimier, who are related to each other,
happening to bear of what had taken place, went to see
them, and with the consent of the old man, they took away
• portion, and very soon ascertained what it really ram ;
but, taking advantage of the old Milled ignorance. they in-
duced him to sail them the whole of the articles he bed
found, and they merely paid him for them at the proms of
old brass. ilavisg thus obtained possession of the pro-
pertv, they proceeded to a refiner's m Loodoo, where they
disposed of it for no lam a rani than 5301., that being its
value as mere gold, but as articles of antiquity they
were is all probability almost priceless. The matter would,
in all likelihood, sever have been discovered if the prisoners,
not costent with their good luck, had not foolishly jeered
the Solar of the property, and ndiculed him fo: his folly
in disposiog of it for so small • sum ; and at leogth,
owing to the talk that took place is the neighbourhood
upon the subject, the local authorities interfered. and the
wholo of the facts were submitted to the government. It
ay probably not he generally known that by the ancient
law all property conaiog within the description of treasure-
' trove, by being found buried, or discovered in an other
manner, and for which no legal owner can be found,
to the crown ; and any one who disposes of it is guilty of
the offence of misdeineatiour. The prisoners were applied
to to give up the money they had received for the treasure,
but they refused to do so, alleging that it wan all spent, end
eventually an iedictursot was preferred against them, and
' opera the facts above stated they were found guilty. Sea-
teare was reapitad, and at the mining arises they were
ealled up for judgment, and ordered to pay each • fine of
would of course have absorbed the whole
amount they had received for the property, nearly 5301.,
and to ho imprisoned until the floe was paid.
• . .

The pLoutilf was the wager el the ship Westward Ho, and
•11r.11 us chasm) owned the Grenfells, another vessel. Mr.
llurchetson was scoured fur 2,0110/. in the Topsham Club,
sod tLe policy contained a clause rendering the
uuder-
writer.to indemnify him against any amount that he
shoutd have to pay iu cousequeuce of any co lisioe. The
Westward Ho and the (hoofed!' ome in collision, and the
Orenfolls was garotted under process from the Admiralty
Vourt for the damage. Ao Werra:mat was come to to refer
the gantiott of itatathi to arbitration, and Mr. Richards,
the arbitrator, preyed that the damage to the Westward Ho
amounted to 1,3371. GJ., and that the plsintiff hid suf.
feted from the lord of the serviette of the ship to the extent of
73W. 7.. id. ; a question, however, was raised whether, by
the terms of the reference, the plaintiff could claim for the
lose of the services of his ship. and this question wag also
raised in the present harm, which was against the under-
writers.

Mr. I..tah. Q.C., and Mr. W. Williams, appeared for es
plaiotaf, and Mr. Mellish, Q.C., owl Mr. T. Joao for th•
asfet.d.ot.

Mr. Loeb having stated the above circumstances, said
that he believed there was ao fact is dispute between the
parties, and that the matter was purely a questioa of law.
Mr. Mellish said that the unfortuuate positios of the
underwriters was this, that they weie seed by the plaintiff
and also by Mr. Muichetson for the same sum of money,
aod were salmi' to p y it to either 6entlemitu, if he would
iodemaify them against the claim of the other. This,
howe,cr, wither of the clainiauts was willing to do.
A veldict was taken by conning for the plaintiff, subject
to the opioion of the full court upon the question of law.

SECONDARIES' COGRT.—Da.. 23.

(ae(.re Mr. Secondary Potter and a Special Jury.)

PRrEMLN r. MAT.—BREACII OF PROMISE OP MARRIAGE.
This was ais action for breach of promise of manias*
brought is the Court of Queen'. Bench, is whkh the
damages were laid et 5,0U0/. The defendant baring allowed
judgment to go by default, a special jury at his instance
was se•ninoned to mane the amount of compensation to be
on the elevation of a write! inquiry.
Mr. Karnataka, Q.c., Mr. Powell, Q.C., and Mr. Barnard,
were tor the plaintiff : Sir°. Homirsau
andMr.Cntefor the defendant.

Mr. Powell stated the case to the jury. The plaintiff.
Miss Asa Sherwin, who was 22 years of age, was the
daughter of a gentleman who rented blooliouse Farm,
near l'etworth, Sussex ; and the defendant, Mr. John May,
wee n gentleman ol fortune at Basiogstoke, possesaiug •
a high statute and great wealth ; be was 27i years of age,
and he not pleading had admitted that he bad broken ilia
promise. The loos to the lady bad been most serbde sled
most uutonnoate, as she was Mted by her attractions and
accomplishmetta to grace her expected statioo. The de-
fendant had reel property to I,soo/. a year, and was besides
a partner in • large brewery, and havieg from nO to 100
pithltc.houses; he was besides en oßcer in the local militia,
awl • town-councillor of Rainagotoke, and kept his harriers.
He mentioned these circumstances to show the loos the
young lady bad austaiued. It would appear that in the
winter of 1861 the plaintiff and the defendant met at a
hangmen by • gentleman named Ittvies' at Basingetoke,
and be paid her marked attentions. Nothing further
occurred until the summer of 1e62, when they again met,
sad the defendant told Mr. Darien he must have her to
be his wife if he would gain her consent. Subisequeutly
lie solicited Mr. Davies to introduce him to her faintly. sod
they west over to 11r.Shei win's land tohave • day's shoot.
log. le September of the earns year the defendant wrote
tothe plaintiff's father on the subject of his addresses
•••
his daughter. here bad been • long correspondence, and
be should read • few lettere. WORSHIP-STREET.
At the stage of the ease there woe a negotiation for a I Anew days ago two decently-dreamed labouring men, can
•
settlement, sod after some delay it was effected, of whom wee accompanied ter his -de, dressed ta mourn.
Mr. Powell told tho jury they had been spared a long ,t
,prilied to Mr. Cooke for his advice or assistance tinder
these orcurosisoors.
inquire. He understood there was no imputation on .
the lade. The younger applicant said his same was William Trent-
Mr. Hawkins--The gentleman, I mean. (A laugh.) lett, painter, of James-place, James-street, St. George-in-
Mr. Powell-The only imputation is that he has lost • the-East,kied be bad. a complaint to make of the authorities
goad wife. (laughter.) of the parish of Whttechm*, and also of an undertaker at
Mr. Hawkins-And such is oar appreciation of our loss Shadwell, for caving the body of his sister, one Harriette
that wo are willing to pay 1,8:01., to include all costa. Elliott, to be takeu to St. Bartholomew's Hospital for
The damages were amend accordingly. , the pu poses
of
of bet dissectionl without the consent of himself or
otrahan fansly.
- - , Mr. Cooke said be would cause inquiries to he made, sod
ASSIZE INTELLIGENCE. directed Bull, the weren't officer, to make them, and re-
port the matter to him when he had done so.
OXFORD ClRCUlT.—Ricapnco, D. 23. I now made his report, the substance of which was,
that the parochial authorities, believing_ that the deceased
(Before Mr. Justice Bytes.) was without frlends, no one having called to see bet while
ATIIINPTED bum= NEAR ItCl4lltltT. the we. ill, had pent the natal satin to the inspector of
al (SO Oakley, aged 20, was indicted for feloniously anatomy at St. Bartholomew's Hospital for the corpse to
enttiu4 the throat, with the intent to murder, his brother, be rerouted the next day. The applicants had, however,
brae 'Mei, at asieve'7, on the 12th of December. called after the death of deceased, but owing to the neglect
Mr. F. Lawrence TM comma for the prosecution ; the of the person they spoke to, the feet had not been made
'wiener was usenfeeded. known in the proper quarter. The corpse was afterwards
The prisoner, it transpired. was • hired agricultural per. brought back from the hospital, but in the interim it had
want, and he seems to have left his eltuation and ?stunted been partially operated upon.
to his father's house, at Hill.gresn, Chievely, ou Sunday, the Mt. Cooke said it appeared that as error had been cont.
I lth of the present moth. He remained at home ou the witted wider the circumstances stated, though sot with
&today night, and some time before gong to bed he the comment or cognisance of the authorities of the bourn ;
arm notioed by hie sister to sharpen a table-knife. On the but it ern much to be regretted that the &milkiest' had
morning foliowiug he showed no disposition to return not applied direct to the persons who were really rupee-
to his work, but remained about the house until his brother Bible io each matter,, instead of going into the stoneyud
Isaac left to go to school. The prisoner quickly followed and oomennoicating with the persons they did, as, if they
him, and es the little boy approached • stile the prisoner had done en, their relative would doubtless 'mestere buried
went up to him, lifted hint over it, and said, " You must go in the usual manner, end they would not have bad occasion
with me." He then t him by the band, and led him fur complaiut. It woe out of his power to give any further
hits • chalk-pit, telling him that he was going there tone a assistance.
rabbit. When they got into the pit the prisoner told his The applicants thaeked the magistrate for the trouble he
brother to sit down. The latter did as requested, and the bad takes, sad left the court, but apparently still die.
poisoner having removed from the hey's neck a haudkerchielf, satisfied.
he tied it round the little fellow's eyes. Shortly after that he TRAMPS.
felt something cross hIA neck, which was when the wooed was Book Horn, • well-known river thief, wee brought before
ieflietol by • tahle.kode, and be remembered nothing more Mr. Partridge, charged with feloniously breaking into the
of what incurred. Upon done/this the primmer walked away ship Annie, in the river, off Union Stairs, Wapping, and
and fortnoately met his meanie, to whom he said, "lease stealiog therefrom a silver watch and chain, an overcoat,
ie a Bt, and wce't ge to school." The mother went two pans of trousers, and two large hams, ach weighing
alter the boy, and on main the pit discovered him 301 b.
weltering in his blood, but feeend that it had proceeded It appeared front the evidence of James Masson, a sailor
from the now. It was not until she reached home that she on board the Aortic, that the vessel was entered and the
discov-red the throat had bees cat. A surgeon was nut for, cabin ransacked on Friday night last. Everything of value,
and he foiled the terry in • very exhausted condition. He including the captain's watch sad chain and two hams, was
had an incised wound oe the throat shoat three inches to stole.. He saw the prisoner io • boat at the stern of the
length sod half an inch deep. The wounds were of a vessel two hours before the robbery was discovered.
dangerona character, and is the °mown of the doctor in- Robert Cook, • ark manufacturer, of High-skeet, Wept

As the defendants represented that' it wail impossible
for them to pay the fink they were committed to the county
gaol iu default, and after they had been in ooneuenint
several months they memorisliftel the governmeut for a
pardon, deeleriog that all the money was spent, and that
the septets:it that woe nand upon them would, therefore,
be tantamount to imprisonment for life. It appears that
the legal advisers of the crown had some grounds for be-
tiering that the priamiers had concealed the money, and
that it was still under their control, and they therefore de-
elhied to comply with the ;oilmen' pn►er, sod the► were
still detained in prison. It appears, however, that the go-
vernment had reason to behave, from the inquiries the► had
recently instituted, that the prisoners really have mule
awa► with :he whole of the money, and believing probably
that they b..d beet autfteseetly punished by the imprison-
ment they have undergone, the result has been that a
short time 6464 au order was received from the Home•ofce
for the discharge of both the primoosra.

THE POLICE COURTS.