The Express.
London, England, 1863-12-12 00:00:00

TPIE EXPRESS, SATURDAY EVENING, DECEMBER 12, 1883.

Rata inullivnet.

EQUITY COURTS.—Dsc. 11.
(Sabre Vice-Clanoellor Sir It. T. Kladordey.)
..O[ST ER e. 11'01140.011.--001/0113 CAM

This care cam0311o; petitionof iirt ileary---Leauthal, of
lismaitetreet, Dublin, under the following extraordinary
aircum stenos. By the will of a Mr. Fascia Foster, dated
mi far back as 1843, • life interest M 5001. was bequeathed
M Mrs. Buie Higgins, the wife of Charles Higgins, and by
the will it was provided that at her death the corpus of the
fund should go to her children, and in case she bad no eta
Am, as she should appoint by will. A suit was instituted
to administer the estate of the testator, and under that suit
the 500'. was paid into court to represent the legacy. in
185 d Mrs. Rimini. borrowed, sum of mousy from a Mr. Byrn*,
on security of her life interests the 5001., and she executed a

will be which she bequeathed the fund to her husband, and
she and the husband joined in a deed, die easigning her lifeinteintend,te,
intend, and the husband his reversionary interest in the
600/., as security for the repayment of the sum advanced.
This amity was subsequently transferred to Mr. Rosen-
thal, and he advanced a further sum, making 2751. in
all. Some time afterwards, in 1856, Charles Higgins (the
husband) called at the office of Mr. Rosenthal, solicitor, son
of Mr. Rosenthal, the mortgage*. He was attired in deep
mourning, and be stated that be was sorry to say his wife
was dead, and that she had made • 'wood will, by which
the revoked the first, and that by the second will she had be-
queathed the 500/. to John Higgins, the husband's brother.
Be produced a certificate of-the burial, and stated that •
Dr. Thorne, a Physician, had attended her and seen her die.
Dr. Thorne. it was stated, was paid 104 for his sit-
tendauce. and a "wake" was held for three slays,
after which the body was interred in the Glasnevin
cemetery at Dublin. Mr. Rosenthal said the mooed will
was ax,iud upou him, inasmuch as if it stood he should
low title $o be repaid out of the 500/.. and that he
&mild dispute the will, After some negotiation, however,
R was agreed that on receiving a further advance of 90/.,
Charles Higgins and John Higgfa, Pad the other executor,
en att.:woes 's clerk named Devereux, should esecz!ei a deed,
confirming the mortgage deed, and that they should Omni
a petition to the Court of Chancery in Ragland for payment
to Mr. Rosenthal of the fund. This was done, and Mr.
Rosenthal received the mosey, and probate of Mrs. Higgins'
will was taken out both in Dublin and in London. Some
Mx months afterwards • woman presented herself
to Mr. Rosenthal, the solicitor, at his office sad said. " I
em Mrs. Maria Higgins, and I have come for my dividend."
" No," said Mr. Rceentlial, " Yon cannot be Mrs. Niggles,
for she is both dead and buried." The woman, however,
Insisted that she was Mrs. Jr •ns, declared that she had
never died and never been buried, and that her solicitor, Mr.
Byrne, would identify her. A clerk was sent with her to
Mr. Berne. and he at once said that she certainly was Mrs.
Maria Higgins. Mr. Rosenthal then had the parties in.
acted for a conspiracy, and at the trial it was proved that
though there was • " wake" over the coffin which bad
Maria Higgins name on it, it contained, in fact, only • quan-
tity of stones. John Higgins absconded, but Charles Hig-
gins and Deanna were found pithy and sentenced
to two years' imprisonment, but Maria Higgins wu
*Knitted ou the ground that she had acted
alder the influence of ber husband. Under these
circumstances Mr. Rosenthal presented the present petition,
praying that he might be allowed to retain the fund oo find-
ing sureties to Lave it forthcoming in came Mrs. M. Higgins
should have any children (which it was stated she was not
likely to have, as she is upwards of 00 years of age), or in
the alternative, that if he were ordered to repay the sum
into court he should be allowed to deduct the 90/. and the
eoste of the present petition.
Mr. Wellington Cooper appeared in support of the peti-
tion the respondents were not represented.
The Vice-Chancellor maid he saw no reason why he should
not allow Mr. Rosenthal to retain the mosey, on Maltz
proper and aufficient security to refund it in case it
be required, or to deal with it in such manner as the court
Irian y proceeding should direct. He thought Mr. Rosen-
thal had behaved very fairly in the matter.

COURT OF QUIRR'S BENCE—Du. IL
aBOOND OOURT.

After Term sAtiap at NIA Prins at Guildball—(Before
Mr. Justice Madams and Gammon Juke.)
LARMOOTR V. GEORGE.
_ _ _ _ _

This was an actroaloaalesimpri;aunmat. The Weed-
ant pLeadad not guilty.
Mr. Philbnck was enumwel for the plaintiff ; Mr. fierjeaut
asnantwe and Mr. J. 0. Griffits were counsel for she de-
fendant..

---The plaintiff in a bone dealer, carrying on business at
65, Thornton-place, York-street, Portman-equare, and the
defendant is an attorney. The isfeedant had got in his
stables a valuable mare, which the learned counsel for
the plaintiff said a Mr. Sherrerd had been swindled
eat of. but which he failed to prove, and
the plaintiff went with Mr. &arrant and three
men to see it. When she was brought out
of the stable the men seized her and took bar away. When
the defendant was made acqminted with what had been
done he took a policeman to the plaintiff's redden)* sad
pre him into custody for stealing the mare. He was taken
to the police station, and after he bad been in custody an
lour he was discharged, the defendant ref using to sign the
charge sheet. The plaintiff denied that he wan at all cepii.
sant of Sheirard's intention when be met him in Bryannoti-
square, and consented to accompany him to the defendant's
Stables:

Kr. ;Justice Blackburn raid there was no doubt the ver-
dict roust be for the plaintiff, the only question being the
tuesaat of damages.
The jury returned a verdict for the plaintiff
Immo 411.

This was an action to recover 721. on a promissory note.
The defendant pleaded that she was • femme oovert.
Mr. L•toa was corniest for the defendant; and Mr.
Murphy for the plaintiff.
The bill, which was drawn upon the defendant by • Mr.
Clarke, and eedened over by him to the plaintiff, was
put in.
For the defence Mrs. Ware was called. She deposed
that she wee married to her husband, Mr. Henry Ware, on
the 19th of April, littri. at Lambeth Old Church. He had
left her and gone to India.
In croevesamiastion, she said her husband Wane private
means at the time of the marriage. In la , after living at
LOWMAN and South Villa, Kenaington, her husband went
to India, and he obtained • situation at Allahabed. She
had baud from him and received money from him through
the Oriental Bank, but she had not kept any of hie bitten.
She had heard from him since the oorannearment of the cc-
ton,but had destroyed the letter. Her attorney was very angry
about it. She always blunt her letters after having read
them. She lived many years with Mr. Clarke as hie
housekeeper, and he well knew she was a married woman.
She was now residing at 86, Gower-street. She had no
employment, and was now supported by her friends. She
VOA not at present living under the protection of a gentle.
scan. She bad bad several quarrels with Mr. Clarke.
She den:ed that she had ever npresented heneif to to •
widow.

Yr. Murphy cooteotled that there was no proof of the
losbeal be.ke; tow alive.

r. Justice Blackman mid the defendant bad shown that
be was alive up to a certain time, and it wan for the plaintiff
to prove that he was dead.
Mr. Murphy urged that the presumption wu be was deed,
and be commented on the tact that no one had been called
from the Oriental Bank to prove the transmunion of the
71101517.
The jury Married a verdict for tie defendant.

COURT OF COMMON' PLEAS.—Thr. 11.
&Wimp at Nisi Pram ia Loadaa.-113afare Lord ("bid
.1 unties. Fal• and • Common Jury.)
TRO.SIIVTIC V. LIE1(.11.-PHETINDED WAIL

The plaintiff in this case wan a merchant in Towerstreet,
and he sued as assignee of Mr. Morrill, a bankrupt, who
was formerly a leather-dresser in Bermondsey, to recover
two leases which had bona deposited by the bankrupt with
the defendant, who was • chemist Is Grange-road, Ber-
mondsey.
Mr. lierjeuit Shea and Mr. W. Williams were for the
plaintiff ; and Mr. Bejaia Banalities for the defendant. The case for the defendant was first laid before the jury ;
and the 'video,» was that the defendant had loot the bank-
rupt rig& apes the leases, he handing him that amount in
gold.
The plaintiff's case wan that the alleged loan was a pre-
teem got up to prevent the hum penis; to the crediton
of Morrill, and that the defesdast had advanced no money
at all. A traveller in the employ of Morrill said that
Morrill had, on more than one occasion, talked about
depositing the leases with his father, with his uncle,
and afterwards with the defendant. Morrill mid that his
father would have nothing to ito with the matter, and his
uncle was worth eo moony. Re asked witness if he would
sign • paper that the leases were deposited with the de-
fendant. nod witness agreed to do so, finding that nothing
ores mentioned is the paper about any money passing. No
money in fact pawed. Wawa was asked by Morrill to
sign a paper stating that the 150 L had been paid, and upon
his ref nisg to do so unless be saw the money pass. Morrill
said it could be " managed" in this way—be would get 10/.
in gold and count it over Mess times, so as to make 1501.
(Laughter.) Witness refused to assent to this arrangement.
The jury stopped Mr. fierjeant She* in his reply, by
asyieg that they had all agreed to find for the plaintiff.
The Lord Chief Jostler said it was • very gross case ; the
verdict would be for 5001., to be reduced to it. upon the
Lases being given up.
Mr. Serjesut Shoe said that the creditors would sooner
have the leases themselves.

—.—
The Lord Chief Justice said that the verdict upon the
eouat se detiaue would shoo be for the plaintiff, and that
would ensure the lessee heel given up.
Mr. Serjesat Shoe, later in the day, applied for speedy
execution, saying that hie cheat had serious apprehension
that he would not get the leases.
The Lord Chief Justice—Every possible aid that the law
will *Table veto give you you shall hare. You shall have
execution this very afternoon if you like, for it is in my
naiad a CAW requiring WOO( intervention.
•
COURT OF PROBATE AND DIVORCE.
Dec. 11.
(Before the Judge ()Misery. )

CRO tri HE 11 r CROWITER A IfDI CHITTITHH.-MORZ HEAVY

DAMAGE/4.

After our report lett yesterday,
Mrs. Margaret Catherine Sherburn said—l em the mother
tithe respondent. Site wu 17 when she was married. After
has marriage she west to ramie with her hagaad as Asia".

I did not ends them there very often. I went there about
two months attar the marriage. Ify daughter did not
!mar to be living so comfortably as she ought to be. She
did not seem happy. 1 visited her again in about nine
mosilte. She did not appear happy at that time. I
have bees present at quenelle between her and her
hushed. I visited them two oe three times a year,
and stayed for about a week at a time. Mr. Crowther
bought Weddnigton.hall about three yearn qco. I visited
my daughter about the time of her confinement. I stayed
with her about sir weeks, and she returned km** with me to

her father's. Her buil:Tied left her • great deal while I was
with her. Sometimes she did not see him for three or four
days or • week at a time. He went to Birmingham and Wol-
verhampton, •01210t1I1108 On balances, and sometimes on
• visit. The respondent used to come home very
frequently, and she sometimes would not return to
her husband unless I took her back. That happened three
or four times. In January, 1862, I went to see her at
Weddingtos.ball, and she came back with me, for she was
very unhappy. Mr. Crowther used to leave her for a fort-
night or three weeks together. I don't know where he was ;
he used to say he was at Aston. Between February and
April she was not living with him. The separation took
plaos in May, 1862. She had previously to that been at
Leag's Hotel in Loudon with her husband. I was present
at the separation. They had come down to Mr. Sherburn's.
Mr. Crowther said, " Mr. Sherburn, Nally and I are going
to part." Mr. Sherbarn replied, " I have been anticipating
that • long time." Mr. Crowther did not bring any parti-
cular charge against her. Mr. Sherburn said to Mr. Crow-
ther, "1 don't want any of your money; only give my
daughter back that which she brought you, and we don't
want any more of you." My daughter then said,
" Mamma, will you receive me r I said, " Yes, my love,
I will receive you with epee arms." After this iaterview
my daughter went with me (buirther to Loci's Hotel, and
the next day she went to Waddington to get her things.
Croseanamined —1 thought my daughter very unhappy. At
ant she liked Weddiegton, but the wood time she said to
me, " Mamma, I cannot live there. 1 should die there."
I can't account for her writing at that very time to bar hus-
band, "I am more enchanted with the old earth than ever."
I made Mr. Griffiths' acquaintance at her 21st birthday
party. I have been intimate with him during the last six
=oaths. I hays stayed with my daughter at hie house since
she has lived with him.

Sir R. Phillimore—Then somebody else, iit reams, was
ready to receive your daughter with open arms ? (A laugh.)
don't know. Nobody ever heard me say that
I admired Mr. Griffiths. I did my that I thought Mr.
Sherburn's nephew and Mr. Griffiths the most geotlemenly
men is the room. (Laughter.) I wee aware that Mr.
Crowther was vexed at my daughter's intimacy with Mr.
Griffiths some months before the aepsratioa. Nothing was
mid is my hearing about him when the separation took place.
Three or four day. after she wrote to me to say that ass
was sorry for what she had dose, and hoped that
her father sad mother would forgive her. She said that
" they" were travelling about. but she did not
say who was with her. The letter was dated
from the Isle of Wight. I supposed she asked our &rpm-
nem for the step she had taken in leaving me and tnvellmg
about. I went to Canada became I was anxious about my
child. She was oonfined at Brompion in April hat. Her
child wash little girl, and a dear little thing it is. (Laughter.)
Mr. Shahan' was examined by an order of this court.
Before the separation Mr. Crowther complained that she bad
come in late one Sunday evening when she had been to
me her father. He mid nothing about Mr. Griffiths.
My daughter went with her husband to the opera, bat I did
not bear that Mr. Griffiths was with them. I canoot say
whether my daughter enjoyed henelf in London. I sup-
posed she did. She had all sorts of jewels, and themes,
and carriages, but it was what she had been used to before
she was married. I don't suppose she eared for such paltry
thinp.. This is a very distraint's, dimities for me to be
pissed in.
Sir R. Pbillimore—WeU, I have not placed you in it, but
let me say that when you chose to visit your daughter at Mr.
Griffiths', you put yourself in a very distressing position.
Witness—My husband left me 40,0001. It will go after-
wards to my daughter. My husband did not owe • shilling,
and his character is well known. I dos% me what Mr.
Crowther has to do with that. He was always talking of
his own wealth.

J;nsimaTillt;cbell, a servaat at Waddington, was also
examined, bat her evidesce was not very material. On erses-
esaminatioo *be stated that she was living at the present
time at Kr. Griffiths'. _ .

Dr. Tristram then summed up the can for the defence.
The Queen's Advocate, in reply. mid be bad offer known
so mineable a failure as the attempt which had been made
ea behalf of the co-respondent to saws him hem the wow
queues of his misconduct. As to the supposed unhappiness
of the respoodent, it was amply refuted by her own letters
(of which several were pat is). A more shameless woman,
=never existed, sod if aoytkMg mold aggravate her
was the &ham she had instructed her anneal to
adman. Heltroated that the jury would visit the 00-re-
spoodent with exemplary damages.
Sir J. Wilde summed an the ems. He read a letter, in
which the respowdeot said she wee tired of being a widow
so long, and that elle was " anxious to see her dear old
chap again." (A laugh.) One such letter would speak
volumes as to the real terms on which a husband sod a
wife wore living. There had been a ridiculous attempt to
show that the petitioner bad neglected his wife ; but is
point of fact it appeared that he had only left her to go to
ltia farm.

The Try. after a brief cossultatioo, found a verdict for
the busload with costa. sad pre 4,0001.
Deane nisi, with costa.

Mr. Ruddlertou. Q.C., and Mr. Warwick for the peti.
timer ; Dr. Spinke and Mr. Seale for the respoedent.
On the 25th of Sept.. 1843, Mary Ana Emma Ansteed
Johnston. a girl under 16, wee married to George Madera,
the eoe of a petty shopkeeper in London, and she sought •
dissolution on the ground of his cruelty, adultery, and de•
section. It was shown that be bad throughout treated her
with great hardness and violence, of which she detailed
many examples. In 1811 he turned her out of the house,
and be afterwards wept to Australia, but he soon after-
, wards returned and began to live with a woman named
Grielths, or Somas. There were several recriminatory
I pleas, but no real defence, and the jury at once found for
the petitioner.
Dames nisi, with amts.

COURT OF BANK RUFTCY. —Dee. 11.
(Moro Yr. Oommissiouer Holroyd.)
IX RI GDOUGX BENET FLOOD.
Thebankrupt was a ship and insurance broker, of Corn-
lull. This was the sitting for discharge, the bankrupt
having passed his examination. Debts, 5,8001. ; meets,
abort 1,7001.
Mr. Sargood, for the ',sigma, said that having regard to
the lapse of time since the bankruptc ' they did not wish
farther to oppose ; but he ethere were creditors
present who wished to doss One was a gentlemas awned
Ellis, who complained of the way In which his
debt had been contracted. In 1858 the bankrupt
applied to him for a loan of 250/., which wee repaid.
In August of last year he applied for and obtathed another
loan of 5001., alleging that a call had bees mad* upon hAis
for that amount in respect of his intereet in a distillery in
Edinburgh. Kr. Ellis made him a farther advance of 5001..
the bankrupt handing hint deeds relating to some freehold
peoperty, which turned out to be worth only 2501. From
Mriea• examinations it appeared that the bankrupt bad
eopged in speculations in cotton and on the Stock
Exchange, and that he had borrowed Mr. Ellis's money to
be employed in that way. He admitted having made a
fats representation to Yr. Ellis in order to obtain the ad-
vances. A few weeks after this he absconded sad went to
the West Indies, Baltimore, New York, Quesestowa, Glas-
gow, and Edinburgh, in which he spent about 1501. He ad-
mitted having one this through went of moral
courage, and a fear of meeting kis creditors. When
be wort away he had a salary of 3001. a year from Messrs.
Bushy and Lee, and also an underwriting account which
brought in about 1001. a year. He sarnaidered to his bank-
ruptcy under the advice of his friends, and his
which had cost 3,0001., had yielded 1,6001. or 1,710.1474;
losses on the Stock Exchange had been 1,780/., and his ex-
penditure in nine months was upwards of 1,4001.
Mr. C. E. Lewis, for the bankrupt, attributed the failure
to his having been drawn iota a vortex of speculation.
At the beginning of 1862 he wee upwards of 700/. before
the world ; end but for a large claim under his wife's mar-
riage settlement his estate would have paid 10s. in the
pound. When Mr. Ellia's debt was contracted it was clear
that the bankrupt bad abundant mean of paying it, had ,
he chosen to reedite his property. The learnednllemaa
admitted that the bankrupt had embarked in rub and
hazardous speculation, and that his expenditure had been
extravagant ; but urged the length of time (nearly twelve.
months) that the case had been before the court.
His Honour observed that two of the three charges made
against the bankrupt were manifest on the face of the
accounta, cud had been properly admitted by Mr. Lewis.
The came altogether exhibited a very sad and reckless career
co the past of this young rasa. With en income of 3001, or
4001. a-year, if he bad got* on at a moderate rate, he might
have been in a very good position ; but giving way to specu-
lation, he bad been led on from one thing to another, until
at last he absolutely fled front hie creditors. The order of
discharge would be supeeded for twelvemonths, but, the
creditors nos objecting, protection would be gives.

COLONIAL MONEY-ONDIR Oincia.—On the let
issuer', PM, and tbesosforward, mosey orders will be
issued by all moseTorder Alms in the United Kingdom on
the colonies of Nova Scotia and Prince Edward at
the same rates of charge and under the rime nrodatiems as
thews already in force with respect to other colonies with
which moony-ordsr business is trammeled. Coloey of Nora
Scotia : Mooerorder aloe, Halifax. Colony of Prince E!-
weed Island : House-order ogles, Charlotte Town. Honey
orders will also be issued at thews offices on all mooey•arder
Micas is the United Hingdoss.—By command of the
Postmaster-General, ROWLaND MILL, Beeretary,
[AdVeTtillellient..l—flOLLOßAT'll 11-11ITMINT AND
Pugs.—Healing not Harastel.—Ein application Jim met with the
wow universal approbation for curing all external aliments as
that which thls unguent has received. Sian *ores, deep ulcers,
fetid dtecharges, berm, blistered surfaces, and many staler
affections, are at once soothed and put on the road to mad.
new by HollossAt's ointment. With Ids ointment and his
pill, the wealthy may save themselves much suffering, and the
poor may help themselves to health, since these medicaments
Aft resmaabl« le price, and ran 1w pnrchased In every hamlet.
They have effected cures of stiff Mote. swami legs. and ulce-
rated limbs, and opened out the prospect of a happy future after
every hope of recovery had been siren up.

ASSIZE INTELLIGENCE.

MIDLAND CIRCUIT.—DwiT, Daa. 1L
(Wan Mr. Bares Mania.)
THE WIOWELL GRANGE MURDER.
The excitement this morning at the hour named for
entering upon the trial of George Victor Townley wu in-
tense. At ten o'clock Mr. Baron Martin entered the court.
While the jury panel was being called over, the primer
entered the dock. His appearance was much altered ;be
looked haggard and careworn, and his beard, which bad
been long, was cut much shorter. He bent his head and
namely looked around the court.
The prisoner, in a scarcely audible voice, pleaded "Not
guilty."

The prisoner was then indicted in due form.
• Mr. Boden, Q.C., who, with Mr. Bristow', were counsel
for the prosecutioe, instructed by Mr. Newbold, of Matlock,
then proceeded to state the case for the prosecution ; after
which the following evidence was tam :
Jane Agnes Goodwin said—The deceased Miss Goodwin
was my daughter. I have beau living at Chester. About
four years ago my daughter acme to reside at Captain Good-
win's. Shortly before that she had paid a visit in Manchester,
where she formed an acquaintance with the Townley, in-
eludiog the prisoner at the bar. There was an engagement
between them. There were one or two disagreements, but
the engagement wort on up to May luta as far as I know.
Is that month there were objections raised to the match by
myself. (The witness here burst into tears, and could not
continue.) I found the papers (three letters and a telegram)
produced in the house. They are one in my daughter's
writing, and the other in that of the prrmee.
Cross-examined by Mr. Macaulay—l was well acquainted
with Mr. Townley and Miss Townley. They visited me at
Chester about four years ago. The engagement existed up
to May this year. She did not visit me this year. The
rimer visited me in May. He stayed about a fortnight.
d=:::the prisoner was most strongly attached to my
: I made the acquaintance of the Townley, while
I stayed with Dr. Goodwio. I stayed with the Townleya
once about two yeara ago. The prisoner's mode of 'ivies was
very quiet. He had reaped manners, and was a good lin-
guist, and an accomplished musician. I don't know that be
could play as a child, of fire years old. I have met some
families named Marsden and Bourn. (Two letters in witness's
owls handwriting and her daughter's were here handed
to her and identified es being written by them after the
primmer's visit to:them in May last.) I know that prisoner
and my daughter, after the visit, never met again notil the
21st of August. At the time and alter the visit the
attachment between them was as strom es possible.
(Author letter from prisoner was then banded in, and
ideetified as found by whom' in the drawing-room at Wig-
well.) I found them accidentally, and asked Captain Good-
win how they came there.
Re-examined by Mr. Boden—l sew the prisoner several
times besides the fortnight be stayed with us. I noticed
r 2 particular in his conduct. My daughter's age was4,kijthe prime?' 25.
Ann Bailey—l live at Whatatandwell Bridge, and keep
the Bull's Head Inn. That is nearly three miles from
WigwdL Oa the 21st August last, on Friday, prisoner
came to my house at about 11 o'clock. I understood the
Ms=walked from Ambergata. He did not tell me so.
in and asked if there was a note for Mr. T. I
said no ; and he then had a glass of brandy and water. He
west out, and came back and asked if he could have a bed.
He wee not quite sure that he should mat it. I said I
could make ego up in a few minutes. He left his carpet
bag and went away, having another 'lain of brandy and
taking a pill with it. He had two sixpenny worths, with
cold water.
Rev. Herbert Harrim—l live at Wirksworth, aid keep the
Grammar School. Captain Goodwin's house is a mile end a
half from as. I am on intimate terms with Captain Good-
win. To get from Whatriandwell.bridge station to Wirks-
worth you pass Wigwell-halL I knew the deceased very
well. On the 21st of August the prisoner gems to my
home between one and two o'clock in the day. I had
seen him Dios before. He had called on me as a friend
of Mims Goodwin I supposed. He said I knew them was an
engagement between them. I said. " I am sot aware
there is." I said, I understood there had been me,
and that it had been broken off. The prisoner said
" She has written to me to break off the es-
t sod declines to see me. I want to know
reummetters stand." I said, " Anythiag I know is in con-
ldrai therefore I cannot satisfy you." The prisoner said,
find it out somehow or other." He then asked.
" Who is the clergyman that has been stays at Wigwell!"
I said, "There has been one staying there, but I decline to
give his same." There had been a clergyman staying there
three weeks or a month before. I do sot know, except from
what I have been told, upon what tense be was 'alio(
there. I had been told there was an engagement be-
tween this clergyman and Mee (Modena. When I
declined to give the clergymen's MOM prisoner
asked if Mims Goodwin was at WigwelL I said she
was. He asked if any coercion had been used
to Mime Goodwin, and I replied is the negative. He then
said, " Sooner or later I must see her. I have written to
edema her from the engagement, but 1 most hear from
herself that the gives it up. She is of ege. She is quite at
liberty to please hermit. I know I am not a good match,
and I have no wish to stand in her way." It was near two
o'clock then, and I told him I most go into school. I said
if be liked to call at four o'clock 1 would see him again. He
then left. He called again at half-past four, and I then
told him I thought his best course was to write • note to
Miss Goodwin, and mod it by post, requesting her to me him
in the morning: He said he had written, but without effect.
I then said, Perhaps if you would call at the boom
Miss Goodwin would MO you." He said, " I will do so, and
get it off my mind." He said, "Shall you be in all the
wiening.?" I raid, "l shall," and he then said he would
call mean. He did not do so. His manner was that of
an oury man, perfectly calm and collected. There was
nothing about him to attract my attention.
Orms-examined by Mr. Macaulay—l only saw prisoner
mice before at Chester. Us was staying at Mrs. Gooderues,
and I went over to spend the day there. Mr. Macaulay
pointed out to witness that he had just said that Townley
said, " 1 most find it out somehow or other," which was
not said before the magistrates.
Whams explained that he had forgotten to mention that
before. There was a clergyman staying at Captain Good-
win's some time before. I %balk it was after Captain
Goodwin wait to Bottom. The clergyman preached at
Wirkeworth on the Sunday evening while at Wirksworth.
I bad been told there was an engagement with the clergy-
' man. I was told so by Mies Goodwin herself on the Wednes-
day before her death—the last time I saw her alive. I did
not know myself previously. The recommendation I made
to prisoner to write is not in the depositions, but has mime
occurred to my memory.
Margaret Poymer—l am the housemaid at Wig well-hall.
On Friday evening, the 21st August, at twenty minutes to
six, pi-ismer came to the ball. I opened the door for him.
He asked if Mies Goodwin was in. I said " Yes." He
asked if he could see her. I went to Miss Goodwin in the
drawintroom, and then returned and showed him in.
Mira Goodwin came to the drawing-room door to meet him.
They went oat in about two minutes, down the walk to
where there is a garden mat. I remained in the house.
Some time after that—half an hour—l went in
the garden to ask Mir Goodwin about tea. They
were sitting down on the seat, and I did not ob-
serve they were talking. I told Mims Goodwin she was
wanted, and she came to the house alone. She remained
in the house, sod went in the drawing-room to the
Captain, and read him the newspaper. She went out at a
quarter to seven, and I went out to her when at the garden
seat at a quarter past. The prisoner was with her. I told
her tea was ready. She said she was coming directly, and
I went tack, leaving her with prisoner. She was brought
rack dead at twenty minutes to nine ; the belly was laid on
the kitchen floor. I have been at Wigwell five years last
August, and have seen prisoner before. The last time
before this was last Christmas. He was staying in the
house and remained a few days. Did not notice anything
between him and Miss Goodwin thee. He appeared just
like other people in manner. I noticed no difference in him.
The shawl produced is the one Mims Goodwin had on when
she went out the second time.
Cross-examined—l did cot know at Christmas that there
was an engagement with prisoner. I knew before the 21st
August. 1 know nothing of any other engagement.
Thomas Biddulph—l am a miller, tiring at Cromford.
On the 21st August I was coming up Wigwell Mill-lane
about half-past 8 at night. This lane runs into the turn-
pike from Wirksworth to Alfreton. As I got Dear the
top I saw • man—the prisoner—looking dome the lane.
Directly afterwards I saw a lady, whom I knew as Mize
Goodwin. They were walking towards Wigwell. I overtook
them, and after passing looked back. They had stopped
about 50 yards from me. I heard nothing said, except the
lad,yy said something about the time as I paned.
Ornssuamined—The last I saw of them the lady turned
her back to me, apparently speaking to the gentleman.
Reuben Conway-1 am a labourer for Mr. Bowmer,
and live near the hall. Oa Friday, the 21st of August,
I was going along the turopike-road to Alfreton in the
evening. 1 saw a man with a cart, but I am not sure
it was BiddulM. From Boomer's, just opposite the
hall, to the Wigwell-lase mid is more than half a mile.
When I got some distance along the turnpike I heard a
moaning noise coming from towards the lane cod, I
ran forward, and found Miss Goodwin guiding herself by
the wall. She was going towards Wigwell. I went up to
her and found her face all over blood, and all down the
front of her dram She asked me to take her borne, and
said( there wee a gentleman down there who had been
murdering her. I put my aria round her to support her.
I saw no ens else there. I " her about twenty
yards, putting my arm around her. 1 serried her about
meaty yards, and she said me if I Gould see anyone.
I looked dowel the road and there was mom one about
sixty yards below • he was crossing the road, and be
thee walked towards me. I turned away from Mims
Goodwin and went towards him. 1 naked him " who bad
been murdering Mire Goodwin." He said he had
stabbed her. The prisoner is the man. I asked him to go
acid help DIN and he took bold of her head sad I of her
body, sad we carried her towards Wigwell. He called her
" poor Betsy" several times, and said, " Yea should not
have proved false to me." We laid her down at Wiley
Bottom's gate, and prisoner began petting something road
her auk to stop the bleeding, and salted see if I had aoy-
thing. I add I had not. He asked me If I could go and
get same to come and help. I asked him if he would
mop With her, and he red he would. went to Mr. Bow-
had yard to get help. aed was away • few Mentes. 1 fta se
eel weld. I found them there when I got back, having

seat for assistance. Mamie was holding sornethior
to Him Goodwin's neck, and I asked him if she was
living, and he said she was. She said " Take me home."
We earned her a a short distance further, and a man
named Seeds and hie brother came op. Seeds asked pri-
soner who had done it, and he replied " I have does it."
I and the prisoner and Seeds rented Mks Goodwin on
then, and met James Conway, my uncle. He wanted to
know who had dove it, and prisoner said " I know, and be
(meaning wittier) knows. lam the man who did it,
and I shall be banged for it." Mies Goodwin said she was
dying. We carried her farther up and met Mr. Bowmer, and
b. 'sated to know who had done it. The prisoner said " I
have done it There's no qnsetioe at all about that." When
we had carried her a little further, prisoner said he was afraid
she was dead, and bent down and kissed her. She was dead
then. We went on to the ball gate and met Poyser, the
housekeeper, and Captain Goodwin. Captain Goodwin
waited to know what we had amise, and primmer said,
" It's your granddaughter Betsy—murdered." He wanted
to know who had does it, and poisoner maid, " I have done
it," sod Captain Goodwin wanted to know who he was. He
said his name was George Townley. It was getting dark
them. I helped to take the body into the kitchen, and it
was put on the kitchen floor. Captain Goodwin took hold
of prisoner's arm and asked him whatever made him do it.
He rid, " She has deceived me, and the woman who de-
ceives me must die." He then went into the drawing-roan
with Captain Goodwin.

Ann &year, wok and housekeeper to Captain Goodwin,
deposed-On the erasing of the 21st I went with Captain
Goodwin and saw the body brought up to the house. I
found the letter produced on Mrs Goodwin's dressing-
table the same night. I did not see prisoner before Kim
Goodwin was brought in. I saw him at Christmas pre-
viously. What little I saw of him be appeared like an ordi-
nary 113.0111011.

Dr. Newton Mant—l am • physician and surgeon prac-
tising in Wirksworth. On the evening of the 21st I went
to Wigwell-ball, and sew the body of Him Goodwin.
She was then dead. I examined the body. There were
three wounds on the right side of the neck. One stab
below and behind the right ear. A second one in front
of this superficial, and a third wound three inches long and
extending to within half an inch of the chin. On minutely
inspecting this wound it appeared to have been prodnoed
by • stab directed downwards and backwards, the edge of
the instrument being directed downwards. The transverse
proem of the vertebrae was separated, es also were the
carotid artery and jugular Weill. The long wound did that.
The stab at the beA of the ear was done by some one
behind. After the carotid artery and jugular vein were
'swaged • person could sot walk far. The knife produced
(slugs penknife with white handle) would be a likely in.
caromed to inflict the wounds. I saw at Wirks-
worth with Captain Goodwin in the wunproom. He
was perfectly calm.
Croanexamined by Mr. Macauky- -Captain Goodwin
and prisoner were having tea. I eat down also until the
policeman arrived about ten or fifteen minutes afterwards.
I spoke during the time, and I believe Captain Goodwin was
talking when I went in the room. There was blood on
prisoner.
Francis Green Goodwin (a white haired old man)—l am
the grandfather of Elisabeth Goodwin. She had been living
with me two years. On August 21 I went to my gates with
Poyear about 8 o'clock, and met the prisoner carrying the
body. I asked what was the matter. I was answered,' Your
granddaughter has been murdered." (Witness here burst into
teen.) In the hones I asked prisoner what induced him to do
this set, and to the beat of my recollection he said, " I
shall be banged." He said, " The woman wbo deceives
me shall din" He laid after, " I told her I would kill
her;" and he also said, " She knew my temper." He rid,
" I had the means two months ago, and have at the meant
time." He took two packets of letters out of his
preyienely asking me if I would take charge of what pocket,bd
saying. what be bad would be taken from him. I declined
to take his money and his watch which he offered to
give or.. Ha gave me the letters, and said, " Will you
take care of these, you may read them, burn them, or do
what you like ; I don't wish these to be brought into
court." I kept them a few days and then threw them
in the firs. 1 did not reed • line of them. I thought
they were my granddaughter's writing. She wrote
ell my lettere for two years. The prisoner stayed at
Wigwell a few days at Christmas. I knew very little of
him. He came to fetch him sister away. I
did not know there bad been as absolute engagement
between prisoner sad Miss Goodwin. The prisoner be-
haved with the greatest indifference on the night of
the 21st of August. I thought I saw a little excitement
when he offered the letter. I asked him into tee, taking
him by the arm, and saying that he would perhaps ac-
company me to the drawing-room as tea had been waiting
an hour. I took him there because there was considerable
excitement in the kitchen among the women who stood over
the body. (Witness was here much affected.) lie remained
in the room until the police came.
(humemunined—l did not know there was an engage-
ment between prisoner and my granddaughter. 1 beard
it from my eldest son, Dr. Goodwin, after this
transaction. He said he had broken it off. There were
. .

some eight to tee letters in each packet. They were
written on note paper sad enclosed in 001,01011011. I can-
not very well exphon why I pot the letters in the fire,
but on the day of the murder, before the magistrates, Yarn.
ham applied for the letter, and I gave it to him. Another
policeman, earned Burlap, came and asked me in a way
which I eapproved of, if I had not letters in my possession.
Ile asked me if I would give them up, and I refused. I thee
burnt them, thinking Burton had some matins is the
matter, I gars Burton a hint that I thought it was not his
business.

Police-constable Parnbam—l went to Wigwell Hall
about ten o'clock on the 21st August. I found the prisoner
with Captain. Goodwin, and he came towards me and said he
wished to gm himself up for murdering a young lady.
I then cautioned him as to what he said, and asked him
if he was aware of the nature of the charge he was giving
himself op for. He said. " Quite so ; I will go with
you quietly, only let me see her first." I then asked
prisoner what he had done with the instrument or knife
he had committed the deed with. He took the knife
out of his pocket and gave it me. It was closed, sod
wet with blood. I then took him into the kitchen, and
he looked stedfutly at the body. but he did not speak.
On the reed to the lockup he said, "I am far
mom happy now I have done it, and I trust she
is." I searched him and found two other knives
on him. Next day I asked him about a shawl, and he said
he had seen one lying in the reed, and had thrown it over
I • hedge or bank. I afterwards found it there. I found a
small pool of blood in the road, and then went on to the
Hunting-gate, where there had been • great quantity spilt.
Cross-examined—l am sure I mid to prisoner, " Are you
aware of the nature of the charge you are giving yourself
up oil r I said so before the magistrates. (Mr. Macaulay
read the depositions, upon which this did not appear.) I
said it then. On the opposite aide of the road to the
Hunting-gate is another gate, which appeared to be
whittled with a knife. Next day people came, and it was
out to pieces.
The following letters and telegram were then read by
Mr. Coleridge and put in evidence :
" Hendham Vale, Sunday.
" My dearest Bessie,—Dearest you will always be to me.
To say that I am not horribly cut up would be a lie, but at
any rats you know I am not the man to stand in your way.
I answer nothing to your last letter, except that I wish to
hear from your own lips what your wishes are, and I will
accede to them. You know me too well to suppose that I
should giro way to any unnecessary normanse or sentimen-
talism. I have had • regular run of good or bad luck lately,
it suffices to say that I have an offer to leave England.
Before I go I wish to see you once again, and for the last
time, though God knows what m.sery it gives me to
say so. You will admit that my desire to see you la but ra-
tion!. Say in our next where you will meet me. I will
come by the first or wood train from Derby on Tuesday or
Wednesday morning, whichever suits you—of course, with-
out any one knowing. The sooner it is all settled the better
for both parties.—Ever, dearest Bessie, yours affectionately,
"Groans.
" arrived too late from Bolton to answer yester-
day. Will you write by return r
.•!.Headham Vale, Monday.,

" Dearest Beetle,—lt is doubtful whether you' will get the
letter I wrote you yesterday till to-morrow. I posted it
myself last night, at eleven o'clock, at the general office
(I could not before), and, being Sunday, could not make
out about the mails, so I put it in the extra damp box,
for the chance of its going. This is simply
to say that in my haste I mentioned Tuesday or
Wednesday, forgetting that I should have to leave here to-
day in order to see you to-morrow, that is, if I see you in
the morning as on the last occasion - but if it suited you
better, I could arrive by the same train: that I came by, and
you could meet me that same evening, I returning the fol-
lowing morning—l suppose it would not be possible the
name night. I think if we say Thursday evening or Friday
morning it will be beat, as then there will be plenty of time
for you to say when and whereabouts I can see you. I
suppose anywhere between your boom and Whatatandwell
would do. lam ill and thoroughly upset, and I do not
wonder you are. We shall both be happier and better in
mind, as well as Is body, after this our last interview.
Addrem, care of W. Arroweinith, Odeon Mills, Bolton,
where I sin going back to-morrow. Of course if I hear that
you fix time and plus of meeting, I shall be at your ap-
pointment saute qui coute.—Always your' affectionately,
" G. V. T."

"Trim—l can arrive at Whatatandwell-bridge at 4.2
afternoon, or at 9.34 or 11.37 in the morning, whichever
you like."

LETTER TROY VMS 000DWIN.

"My dear George,--a;;its;thisinibegreatest haste to
tall you not to come ea any account. I leave here to-day,
and seat tell whoa I @hall or can be back again. Ido not
wish to see you if it can possibly be avoided, and indeed
there will be no Ghana now, so we bad better end this state
al sasprease at owe, and say good bye, without seeing each
other. Heel sore I emild sot stead the meeting. Ii you
writs coos more within the next three days I can gat it, but
net later than that time, without it being seen, for my
letters are strictly watched and even opened.—Yours truly,
"Banisit."

TsMignon, Boltouatatioo. —" From Townley, lieniam-
vale, to G. V. Townley, W. Arrowsinith,
Betion.—Letter from 8., hare opwied it, come at 000 e,
will nest you at the station, will wall, immediate."
This concluded the case for the prcescutioo, sod the
court adjourned for halt as hour, sad cm the judge re
entering, at 2 o'clock,
Mr. Macaulay, Q.C., addressed the jury for the prisnuer.
lir &boos set up wee thet of issaaity. the learned colonel
dating that he should prove that all the members of his

(prisoner's) mother's family had been afflicted with insanity
of the most deter:Bleed kind. Of nine children, six died
in lunatic asylums or in various ways affected mentally.
The graodfatber sod his wood brother were afflicted with
the manse dreadful disease, and the same effects followed.
In conclusion be called the atientios of the jury to the ea-
traordinaty conduct of the primmer after the commission
of the act, and called upon them to decide, by their ver-
dict, that the prisoner wee not responsible for his own acts
at the time the life of the doomed was taken away.
The Judge—Do you think it desirable to address a gums-
tioo to me as to the poist which you have raised, or that
you should leave it to the jury
Mr. Macaulay—My impression is this, that the prisoner's
mind was so disturbed that be was incapable of judging of
the nature or gravity of the eat which he committed.
The Judge—Do just as you please, but I may tell you
that after full consideration I have decided upon submit-
tal one proposition to the jury, which is this—" Do you
believe that although the mind of the prisoner wee diseased
to some extent, yet if it be that what he did would pro-
bably cause death, and that the doing of it would subject
him to legal punishment, was there legal reeponsibafitY
A quantity of evidence was then called for the &tepee,
one of the witnesses being Dr. Forbes Winslow, who gave
evidence to the effect that the prisoner was deranged.
Mr. Githoltic, surgeon to the Derby Owl, corroborated
this evidence.

-...--.
The court adjourned until nine o'clock this day (Satur-
day), the jury being given over to the custody of the sheriff.

tnT ILICTRIC TILZO/LAPII.I
DERBY, SATURDAY.
The court opened et 9 o'clock this morning.
The Judge having summed up,
The jury, alter deliberating for only five minutes, found
the primmer Guilty.
Sentence of dash was at owe pared. and the prisoner
was left for executieu.

NORTHERN CIRCUIT.—LIvaapooL, DEC. 11.

Wm Mr. Jostles William.)

CAEN= V. SIITTIL—ACTION FOB AIDOCZION AT 801:1111PORT.
The plaintiff, • boarding-house keeper, at Southport,
brought thissetionagaiostMr. J.O. Smith, &builder, •W the
proprietor of the
IGasSouthport Publici Baths,i ot treeduction
The Attorney-General er, plaintiff
cousntyughpalatine, Mr.
Edward James, Q.C., who o:ducted the prosecution, said
that the defendant lodged in the plaintiffs house for some
years, . and that at the thus of the seduction
the girl was not sixteen years of age. The de.
fondant occasionally walked out with Mir Garner,
and on one of these occasious he took a criminal advantage
of her. The result was the birth of a child in June last.
At the time of bar seduction the girl was under the are of
her mother, who had since died from grief in consequence
of the disgrace which bad fallen upon her child. An-
other daughter of the plaintiff apprised the defendant
of her sister's pregnancy, and it was arranged that he should
meet her, but the defendant did not carry oat this arrange-
ment, nor did be take any notice of • communication from
the girl's planate upon the subject. Under them rinium•
stances the loused counsel claimed substantial damages for
his client.

TrianUs Garner, the plaintiff, having been called es a
witness, stated that he bad know, the defendant for eight
years, and that he bad boarded at his house Up to twelve
months ego. In April or May last the situation of Elisabeth
was discovered, and she was sent from bonze. The child
was born in June or July last, but only lived four weeks.
The affair bad such se effect epos plaintiff's wife that she
took to her bed, never rallied, and died about two months
affix
Elisabeth Renshaw Garner was they examined, and cir •
cumstnatially narrated the interviews with the prisoner
during which the seduction and subsequent intimacy took
place. He told her that she must, if questioned by her
mother, say that "she bad been out with a young men
but that if she accused him (the defendant) there would be
the "devil to pay."
Martha Garner, elder sister of Elizabeth, stated that in
an interview she had with the dehodant, the latter denied
that be bad seduced the girl, said that somebody bad
"put her up " to my that he had seduced her, and that it
would all be discovered shortly. Witness deposed to ex-
penses amounting to from 171. to 201. in coesequenoe of
herziater's condition.

To;r, for the defence, urged that the whole affair
was a conspiracy against his clisat, who was middle aged,
highly respectable, and had a family of his own.
Ti defendant was thee examined. He positively swore
that he had taken liberties with plaintiff's daughter,
was never on the Handbills with her as alleged, and
walked out with her by day or night.
The learned judge, in summing up, said that the ease was
a most painful one, and that there must be grim perjury on
one side or the other. If the jury believed the girl they
' must compensate her, not only far the acpeoses which had
been incurred, but for the weigh of mind and the disgrace
which had been brought upon the family.
Verdict for the plaintiff. champs 801.