The Express.
London, England, 1864-08-05 00:00:00

llNii,"lll'WusT 5, lisfi4s

ASSIZE INTELLIGENCE.

ROME OlELATlT.—Gumprinko, Atratrer 4.

(Ware Baas Martial awl Sposial Jarita.)

Then .as 414111 apsaial Puy ISOM Aided as tie lot for
tent yasianky. The 1114 was

MOVILL V. MARSHALL.
Mr. Bomil, Q.C. Leah, Q.C., sod Mr. Garth were
far the nkintil; and Kr. Watkia Williams for the dr
fewdent.
This was another mai of the game desoriptiee se was die-
posed of oa Tuesday. the plaintiff bookies to ..force •
pinata be has obtaissd for the manufacture of wheat into
flour upon a greatly improved priociple. After the trial
had proceeded to some leogth, it was aonouneed that an
arrangement bed hese pose to botanist, the parties, mod a
seminal verdict was therefore :steroid for tbs plaiatiff.
It was understood, es in the former mess, that the
defendant would take a limes to use the lunatics.
The other special jury camas were then called on, but the
whole of them were either referred or visaged in some
other =DEW without the jury being called epos to return a
verdict.
MARLINS S. NArrna'a soya, CRTNIAL PALACZ awn

00101114 T (Lamm).
Mr. Bova! sad Mr. Garth were for the plaintiff, and Sit
G. Boeytnen for the defendants.
Yr. BoTill said that the plaintiff had brought the present
active spirt the defendants in oorequesee el a most
grievous earn% sod outrage that was sinamittul mess him
the hotel by the insane, sad some other panne ass-
Dieted with the estahlishuvent. Ffe.ta staying sat gm.

at the hotel, sad derig the slight -the seaSiger sad ices)
other panne mitered his room and Is the meet 06114•111
=seer required him to leave, and h, immediefiely Yd
them to account for their °Deduct by Wien the pentaction. He, however, said sa the same time that be itheeld
be satisfied if an apology was made, the manager diedmed,
elate the sum of oar handled gruoese paid to s a to be
named by him. The Daly explanation that to be
given of the extraordinary conduct of the le was
that during the night some of lb* rooms in the
hotel bad been improperly entered by some parson
or other, and the manager chose to suppose
that the plaintiff was the pernos who had so
steed, without the slightest ground for arriving at such a
conclusion. The plaintiff woe a gentleman of wealth and
reeportability. He resided in Cornwall, and bad filled the
Gibes of high sheriff of that county, and was quite incapable
of committing snob an sot as that which was impaled to
him. The oompsay seemed at first to have resided the
souks, sad they had put a plea upon the record, the sled
ot which warn to allege that the plaintiff really had enticed
the bedrooms oat the eight in question, and that they were
notified in the omens they punned towards him upon the
occasion in creadiee. It appeared, however, that they were
sow prepare(' to exonerate him in the most unquelified
mouser from having doe* anything of the sort, sad they
had cemented to the original terms that were proposed by
Hr. Hawkine—eamely, to pay the whole of his costa, to dies
mim the manager, and to pay • bandied guinea' r damages.
Mr. Hawkins did not desire to receive • sigh pinny, and
the hundred guineas would be given to a charity, and be was
sure the jury would be glad to beer that the would
be beaded over to the Surrey County Hospita/ jury
would, therefore, not be troubled any further with the
matter, bat hi learned friend, air G. Hon yams, would
merely addrem • few obnarvations to them on behalf of the
defendants.

Ba G. if—aquae said he wee instructed co behalf of her
clients to express their regret. at what had marred. At
the seam time he thought it right to my thateireamstaaces
mourved oa this night white tey considered at the time
juatified them is the course they panned • het upon inquiry
Um were now perfectly estiaSed that there was not the
slightest ground for supposing that the plalatif was the
person who had acted in the meaner described. Ueda these
cireameiencos he bad to ewes' the sincere regret of the
defendants at what had takes pion, and to mate that from
the inquiries they bad made they were metalled that the
plaintiff was a gentleman of high honour and respectability,
sad that them was no foundation whatever for the impala-
tine that had been mat upon him.
The jury this reissued a verdict for the plaintiff, with
100 (Dimes damages, sad subject to the other term men-
timed by Mr. Bovill.
(Before Justice Wm..)
Charks Butler, 23, a respectable looking yousg man, was
shined with uttering a forpd cheque for 101. 9n, with la-
test to defraud.

and Mr. Poland cooducted the proeseution on
Wolf of Bookers' Aarociatiou ; Mr. Kemp err massed
for the damn".

It appeared that the primmer carried oa kaisers as •
baildar in • small way, sod that he had aadertaken to par-
form some week at Croydon Ile seemed to have beau
=tfor roomy, sad at the end of May • carpenter seised
he had dose some work for him, vise urging him for
payment. Om Saturday, the 28th of May, this perms met
Ms primmerrailway carriage going to Croydem, sad
asked him for his mosey, sad be amid that he cooki maxim
him say, bathe had got a (esquire( 101. 9a,which he might
ham itb• plausd. May beak the &sem, alike pur-
ported to be 'M ud by • perms named W. Elms, and was
made payable at the Blionditch branch of the London and
Oosaty Bank, and it tamed out to be • forgery. The
miseipal point of 'widgeon against the prisoaer was,
that when it wag found that the cheque was of no value, he
mad. a clumsy attempt to emote' his guilt by altering as
postmark apes as sonkipe, and pretending that the ch
had bola at to him as a portion of the amount ci:E
that ha was going to have dmooustod.
The jury retained a verdict of Guilty, sad the primar
was seatemed I. four penal &snits&
Tb following • jury camas will be la the list His
(Friday) morning :—Nos. 13, 33, 41, 45,47, 57, 62, sad 61
Justice Will's will Mks all the ooramos jury ewe, oom
anemias with No. 60, which is part heard. ,

WESTERN CIRCIIIT.—WaLa, Avouer 4.

The criaminstoe for the comity of fioniereet was opened
yesterday by Yr. Justice Bytes, and the business coax.
mewed this morning. hie lordship presiding is the nisi
tra.eourty and Mr. Thome' Cheatham., Q C., the Common
t, in the crown mart. The business is unusually
light, there being ally 37 pitmen for trial, two of whom
are charged with murder and one with massiangitter. Ia
the civil side mom mums were entered for trial, five of
which were disposed of this morning, and Yr. Jostles Dyke
proceeded to try prisoners. Two special jury senses remain
over for tomorrow.

Caovclt Court.—(Bsfan tie Comm Saiseat.)
THE EGLI= 01 NIL JOIMCIt

Is charging the paid jury the Cameos Berjeaut (Wr
Thos. Chambers. Q,C. ) said it would be improper to him to
address to them the few oteeivatirms which be should
deem it n to make to gentlemen of their great
experience upoe the mess which would come Wore them
Weed it would be impossible for him to do si
without alluding to the very painful circumetaece
which bed brought him down there, and had pre-
vested the eminent judge who should have beau there
delivering the chary to them that day. He wen bat weak.
fag In socordasiee with the silvers] belief sad opinion, when
he stated that the loss el the services of Mr. Justice Wil-
liams was a very serious loss to the admiaistratkm of jar
ties. All who know him, knew him to be professedly versed
is the law which he had bees engaged It, se many years
in edministerieg, and so man who had witnessed his sdai.
nitration of the law could have (salad to observe hew
assioesly solisitous he was to adatiatiter it so se to
secure Its great reds sad objects. That he should
have soddenly failed to coatisse in the peosecuLion of hie
duties wee • matter of deep regret to
germs l 7
would agree with him, as indeed the public 7
that they had angelica a great loss in being deprived id the
smite of his valuable services, and though they would all
be glad to leer of his restoration, he was very sorry to toll
them that the latest account wen very, very unfavourable.
The lammed Common flergeutt dna referred to two ewes of
murder and one of manslaughter, and the trials proceeded,
but there were nose calling for report.

THE FATAL RAILWAY COLLISION AT

MAJWATI.

NUAILOATE, THI:II6DAT EVENING.

! The inquest on the body of Mrs. Lock, who was
killed in the collars at this Beath Farm Railway BIM=
here on Monday shammy es already reported, was ass-
, timid this afternoon.
Mr. Freeland and Mr. Tome spin aMended for the
company. and Mr. Delirium for the friends of Undimmed.
Wm Poulacia, heed guard of the mail train to Margate.
was ender examiestion when our report was despatchXl:l
, right He stated that when be left Ashford he bad an node,
guard named Marshall, whose duty it was to accompany the
' train to Margate. When the train arrived at BR Lewrome
Marshall got oat, bat Wilielne did set knew where be went to.
He did nos authorise Marshall to leave the train, nor bad they
any quarrel. He did sot know until his snivel at Marge*
where the collision occurred, that Marshall Wien the train,
as Marshall's break vas was close to the mire sod his was in
' the rear. If he had boom that Marshall was not at his post, he
(Meer) should not have brought the train to Margate with.
out another guard. Os reeking the top of the iodise
nineties dews to Margate, be applied his break at the anal
Mo., end the break acted properly to the bent of his know-
ledge. He applied the Meek from his own experience of
what he ought to do, as be did not receive the c"..
motion from the driver till same time aftermds..l.lZ
could not account for the spied at which the came over
the brow of the bill and down the incline. He mar re-
membered coming down the incline at such a rate before,
sod he was milk to comesuaisate with thermise driver,
because they were running with the tender in front. He
found that the train slackened its speed very mock when
they got upon the level running into the station.
Hoary Marshall, the second gnarl of the mail train, was
the next witness called. He said he joined the train at
Ashford, by direction of Mr. Bowles, ismintor, who told
ldro he would have to proceed to Baniogre with it. He did
so, end on arriving et the St. LIWT111•011 ration he inked Mr.
Darby, iespermat Raimgate. if he was to return by the mot
train. which then stood at the platform. Mr. Darby gave
him priniadoe, and be accordingly left By the train for
Ashford. He did not see the kind guard of the Min at St.
Lawrence, as a portico of the train was through the bridge.
He did sot say anything to the head guard. On the pre.
aloes Saturday, when be accompanied a train is the same
way, Mr. Darby told him he might return from the loop
lisen He did sot know whether Mr. Darby was swore be
bad come from Ashford by the mall taus. He thought
Xt. Derby would have oupplied his Moe for the journey to
Margate. He Mold have considered his joarmy soled at
Margate oven if Mr. Darby had not told him he might go
hack.

At the °occlusion of this witaises's wickets the inquest
wee adjourned natal 2 o'clock this absences, whoa the first
witness called was

Bowles, inepector at the Ashford Statics, who de-
pend that on Monday he at a pad named Marshall with
the mail train from AeLfold to Remote. It was nand
when an extra guard was required to order him to go to
Reenagate. not Margate, and when they arrived at Ramsgate
they were nadir the adios of the inspector there. He did
not expect that Mamba would go through to Margate.
There was toots than the oemplement of carriages for owe
guard, bat he had no control one the troth beyond Rams.
William Barley, fireman, deposed that on Monday he was ,
the stoker of the mail train of which George Cook was the
driver. The train left Raniapte at LbS p.m. It consisted of
12oarriagesiscludiag three break vain and a horserbox. They
went at a modieste rate up the ascent, and when they got
about 40 rode beyond the top Cook turned off the steam, a
✓enal. When they got to the second bridge Cook told wit-
ogee to apply the break, sad be did so as herd as be weld,
but the seeder being in front d the maths. maid consi-
derably. When they got to the neat badge be thoitt
the train wan goiagtho bat, and ho sounded the whistle r
the guards to apply their breaks, bat still the speed of the
train did not man to slacken. 211 e driver aeneded his
whistle three or four times after that, before they got to
Tivoli, but without effect. The train seemed to forth the
throe quite down, se if there wee a want of break power
behind. When they got a few yards pest Tivor.bridge the
driver named the theism Fired* • collision meet take
place, witness left the engine and wait into the break-van
and applied the break then with all the faros be could, and
having gamed the break does he jumped out to save hon-
ied. Directly afterwards he baud a smash. The shame
was shot off two miles from the Margate satins,
and there was no coomion to shut it of eadlee
than they did. Hid more break power boss applied the
oollisioe aught have been prevented. If Mathew had been
reversed sooner it might have slackened the speed, bat he
could not my that that would have prevented the incident.
It was usual to have two gaud* with a troth of 12 cuiriops,
bet he did not know whether they had one ow two.
By Mr. Delmaiax—Re attributed the speed at which they
approached the Margate statics to wait of bank power, bat
be did not know whose ditty it was tomes that the Una had
seamed break power. The driver ought to know the
secant of break power required on his
By Mr. Freeland—The train entered"rargate station at
the rate of eight or UM mike as boar. He thought if the
ardor guard had been at hie post, and applied the break at
the proper time, the 0011116011 would not have happened.
The inquiry hr sot yet terminated.
THE HUMBER IRON WORKS COMPANY