The Express.
London, England, 1863-06-09 00:00:00

THE •14.,X1 RFISSI TUESu= ►B rVFNING, JUNE 9, 1863.

gard to the extra polies force at present quartered in the
townies& of Boy Unreal and othent is the county of Tip-
perary.
Sir R. PEEL said before the hon. gentleman's notice was
gives the question was under the consideraterm of the go-
vernment whether it was advisable to withdraw this extra
force in the towribinds of Boytoorath and others in the
saint' of Tipperary, but unfortunately intelligeoce had
just been received of another agrarian murder in the county,
and it was not thought advisable now to remove the polio°.
Mr. BAGWELL asked the right boa gentleman if he
had received any further information with regard to that
murder.
Sir K. PEEL said he had received a telegram stating that
the geotlernan who was murdered was leaving his house at
slue o'clock in the morning when he was shot dead. Three
pinata had been arrested, but whether they were the guilty
peCKIII• or not of coarse he could massy.
Mr. V. SCULLY —Perkaps the right hon. gentleman does
net know that the scene of the murder is 30 miles away from
the places where the extra police are stationed.
THE DOVER, CALAI33,..AND OSTEND PACKET

ecclesiastical tendencies—(laughter)—he ventured to say
that they did not represent the intelligent opinion of the
laitv of Scotland. (Heat.) He could give an instance to
prove that. In the assembly of the free church of Scotland
• reverend gentlernau not many days ago, brought before
that assembly the fait that her Majesty the Queen bad
erected, near Balmoral, a monument to the late Prince
Consort. Upon that monument were inscribed • few touch-
ing and beautiful words from the Wisdom of Solomon;
words, no doubt, which had some tender and touch-
ing associations with the prince whose name they
were intended to commemorate. (Hear, hear.) This
reverend gentleman brought these words before his
brethren, and maintained the proposition, which be believed
would not obtain much respect from that house, that be-
cause these words were taken from the Apocrypha. they
seemed to imply that her Majesty regarded the books of
the Apocrypha as of equal authority with the Holy Scrip-
tures. (Hear, hear.) The rev. gentleman regarded the
inscription as a Popish one, and he said that " Scotland could
not but regard it as an offence to the Bible, which Scotland
loved, and to the religion which Scotland had inherited."
(Hear, hear.) He was sorry to see that the speech of this
rev. and frantic divine was received with several marks of
applause—(hear, hear, and laughter) —and that he deputed
irom the assembly without that rebuke which his language
and logic deserved. (Hear, hear.) His bon. friend, the
member for Greenock, who was present, did not endorse
those sentiments, but no one at the assembly made any
reply. Were they to understand that language and reasoning
such as that were to be considered as the language and reason-
ing of the tree church of Scotland' He would nut believe
it till he bad stronger evidence that it was so. The truth
was that the clergy by their position were obliged to do a
large portion of the public speaking, and of course
they did fully their own share of the non-
sense. (Laughter.) But he was happy to say that
a better spirit was beginning to arise. In the free church
assembly an boo. gentleman, the late member for Edin-
burgh, spoke strongly and sensibly in favour of opening the
gardens ; and he was supported in his view by a youog and
able minister of the same church. He therefore hoped that
the public opinion would soon change on this subject, and
that what was now a minority would become a majority.
With regard to the question of labour be had no doubt that
amongst the 36,0010 persons who saw no harm in the open-
ing of the gardens, some three or four would be found ready
to take a little gentle exercise in them, wed at the same time
I receive a little pay for seeing that no injury was done.
(Hear, hear.) The staff of the gardens at present amounted
to 25, and of these he was informed that at present three or
four were employed in the gardens on the Sunday. He
would ask with what face could they refuse working men
permission to walk in the gardens for which they paid after
expressing their wish to have them opened. He knew
many persons belonging to what was called the religious
world, and some who, though not belonging to
that denomination, were religious persona. Now, when
we visited them in their country houses sites church hours
were we taken into rooms with the blinds drawn down, and
left to meditate on theological questions' (Hear, hear.) The
fact was that this was precisely the time for the usual
domestic lounge, or for harmleu visits to the conserve.
toner., the farm house, or the kennel, and this was dace by
persons whose lives and conversation were admitted to be
models by the rest of their neighbours. (Hear, hear.)
How d they who possessed these advantages—gifts due
to fortune and to accident more than to any merit of their
own—have the face to say to these poor men " We have re-
ceived your petitions, we are very sorry for you, but we
have so much reenact for the Sabbath that we cannot accede
to your request." (Hear, hear.) His hoped that what was
allowed to be done a short time ago at Glasuevin, and for a
long time back at Kew, would be permitted also in Edin-
burgh. (Hear, hear.)

Tile motion warpiiinplorted by Mr. Groot Dull and Mr.
V. Scully, and o by Mr. Black, Mr. Kinnaird, Mr.
More, sad Major =Moo.

Lord PALHEBSTON—Sir, if I were to act according to
my own opinions on the merits of this question itself
I should give my support to the motion of my boo. friend
the member for Galway—(cheep)—because in the abstract
I can see no harm, but tether good, in doing that which
ls done in other capitals—that is to say, opening places, be
they ever so small or large, for public recreation. (Con-
tinued cheers.) But I think that in the present case there
is another consideration to which the house ought to attend
and by which it ought to be guided, namely, that which is
the real, sincere, and honest feeling of the people of Scot-
land. (Hear, bear.) I hold that you ought not, without
some very grave and important reason, to do vio-
lence to that feeling ; and that the public feeling
of Edinburgh and Scotland is against the opening of
these gardens on Sunday afternoon is an indisput-
able fact. We have been told to-night that there were
64,000 signatures against opening the gardens on Sunday,
and 30,000 odd signatures for it. Why, last year, every
morning I used to get petitions which came from almost
every parish in Scotland against the opening of these gar-
dens on Sunday. It was quite true that these petitions had
a very strong family likeness. (Laughter.) There was such
a very striking identity of expression, showing identity of
feeling, that great weight attached to these petitions because
they proved that in every part of the country the very same
opinions prevailed. (A. laugh.) Whatever may have been
the origin of those petitioes, they certainly would
not have come to me if they had not expressed
the feelings and sentiments of those from whom
, they proceeded. Therefore I say, Wear there is sonic
strong paramount imbue, it in not fitting or becoming in this
house to do violence to the public feeling in a matter of
this kind. Now, is there any necessity for opening the
gardens on Sunday It has already bean stated by my
right hon. friend the Lord Advocate, that Edinburgh, of all
towns in the world, possesses in its neighbourhood the
amplest opportunities for air, exercise, and recreation to
those who require them. (Hear, bear.) There is
Arthur's Seat, the Queen's-park, and all the outlets
from every part of the town, which afford to the
working dames much greater means of enjoyment
than theft swill botanical gardens could give. In-
deed, I really think that the great desire expressed to
go into these gardens must be that desire which forbidden
fruit excited in the minds of men, and because they are not
allowed to go there they imagine that it is an Eden into
which it is moat delightful to enter. (Laughter.) But these
gardens are the smallest you can imagine, being in extent
only about 16 acres, and the greater put of them being
occupied by beds of plants intended for scientific instruc-
tion. I think, therefore, that if these 30,000 or 34,000 per-
sons who signed the petitions for opening the gardens on
Sunday were toagree to go to them at any given time, it
might be doubtful whether the gardens would
hold them ; and next, if they did, I think
the air would certainly not be so sweet u might
be desired. (Laughter.) I think for these reasons there is
an necessity for acceding to the motion of my hon. friend.
Bat my boo. friend said that the feeling of Scotland upon
the matter might change, and that in the course of no
distant time the majority of the people would be in favour
of opening the gardens. Well, I ray, just let us wait until
that time arrives. (A laugh.) lam of opinion with him
that thus- I won't call them prejudices, because they are
not—but these strong religious feelings which are honour-
able and ought to be respected-1 am inclined to
think that these feelings may change, cod that
the same importance may not be attached to
those strict observances which attached to them formerly,
and that in the course of a few years we may find the
general opinion of Edinbugh mid Scotland to be that there
is no harm in opening these gardens on Sunday. Let ua
then wait until the circumstances are favourable, and act in
accordance with public opinion, and do no violence to those
honourable and honest feeliop to which I am sore parlia-
ment must, in the abstract, be disposed to show deference
and respect. (Haar, hear.)
The halm then divided:
For the motion
Against it
The house then went into committee of supply as Class L
of the Civil Service Estimates, resuming progress at the
item of 10,0001. for the sew Record Buildings, Dublin,
which, with 8001. for the Franklin Monument, was
agreed to.

On the vote of 6,000!. for the Nelson Monument,
Mr. HANKEY complained of the delay of six yearn which
Led taken place in the completion of the lions which were
to complete the monument, the designs for which had been
undertaken by Sir Edwin Landseer.
Mr. W. COWPEtt admitted that the delay had been
considerable, but it was owing to the ill-health of Sir Edwin
Landman. He had studied the matter carefully, and it
was to be hoped that the delay would result in something
pre-emineutly good. The designs and composition were
completed, and the mere mechanical work would now pro-
ceed. He could not exactly say what the ultimate cost of
the lions would be, but he thought they might be done in
bronze for 12,0001.
The next vote, 31,9141. foe lighthouses &bread, WY under
discussion, when the hones was counted out at a quarter
peat 8.

RAILWAY AND PUBLIC COMPANILS IN PAHLIA: I
BENlN—Yesterday the committee on the Loodoa and North
Western Railway Company's Additional Powers Bill, bar-
iog pared the preamble, proceeded to settle the clauses
authorising the construction of new branch lines between
Hudilerafield and Kirkburtoe, and between Wigan and the
North Union Railway, for power to take lands and alter
engineering works, to make arrangements with railways in
alliance with them, to raise 150,0001. by new sham, and to
borrow 50,0001. Stibeequently the committee took into
consideration the cue of the proposed lease to the same
company of the Lancaster Canal. The principal witnesses
examined in the committee on the proposed new Brighton
line were Captain O'Brien, meaner of the North-Eastern
Railway, sod Mr. Scott, traffic manager of the South.
We tern. Cootionous evidence is being takes se the bills
of the South Yorkshire Railway, the Lyon and Sutton Rail-
way, and Scottish Central and Kington and Eardisley
Railways. In the Lords the opposition of the Osweatry
system of railways to the proposed amalgamation of the
Great Western and West Midland Railways was opened in
Earl Amherst's committee.

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ILabi inttiligtnce.

COURT OF QUEEN'S BENOH.—Juss &

Sittings in Benno Before the Lord Chief Judie. Cook•
burn, and Juation Wightman, Crompton, and Blackburn-)
ET PARTE ALLIANDIR. M.D., O. LORD NONTRAOLE AND

AIIOTHII-11 MILS coerce.
Mr. Garth applied, on behalf of Dr. James Alexander,
for a writ of habeas corpus directed to Lord Mouteagle and
Mr. Edward Cayley, barrister, commaisding them to brio;
up the bodies of two children, Mary Isabella Alexander. 16
yeas of age last January, and Walter Caley Alexander,
aged 13 last December, daughter and son of Dr. Alexander,
to be delivered over to him as their natural guardian. The
affidavits stated that Dr. Alexander was married in 1846 to
Mary Agnes Cayley, daughter of Sr George Cayley, and that
the children were the issue of that marriage. The applicant
continued to lire with his wife from the time of his mar-
riage till 1852, though not free from differences, which, how-
ever, were reconciled as they arose. In August, 1852, very
serious differences arms of so painful a character as to
end in a separation deed, dated September 11, 1852, by'
which the applicant undertook not to molest his wife or '
seek to live with her again. The wife was to have the
sole control of the children and their education, and in case
of her death during their minority, and whilst the father
was alive, their guardianship was to be entrusted to him,
with Mr. G. A. Cayley and others • further provision
being made for their guardianship and education in the
event of the father's death. Mrs. Alexander, it appeared.
died three years ago. By the deed it was arranged that so
long as he continued to live in Yorkshire and did not molest
' or annoy his wife, be should see the children once a month,
they being brought to him where he might direct, and that
so long as he abided by the terms of the deed the said Sir
Geo. Cayley would make suitable provision for them. The
applicant stated that he and his wife abided by the terms
of the deed till August, 1853, nearly a year after its
execution, when she left this country for America, taking
I with her the two children, without his knowledge or consent,
; the first information he obtained of it being communicated
Ito him by his wife after she bad left. In February, 1854,
Ihe received a letter from her, dated Brooklyn, N.Y., stating
she was residing there, but that she was on the point of
going to one of the western States to find a situation that
was likely to be permanent and lucrative, but that instead of
that she in reality returned to England by the same mail
that brought her letter. Her return was kept a profound
secret from Dr. Alexander, and she resided at various places
under assumed names—first at Camberwell, under the name
of Plummer ; then at Yarmouth. under the nem* of Willis ;
and lastly at Malvern, under which name she died, and was
buried there in 1860. He knew nothing of his wife or the I
children till 1862. being under the impression that they were I
all in America, for he used to receive letters from America
with the American postmark written by his wife and dated
as though they were written by her in that country ; but
the fact was the letters were written in England and sent
over to America, where they were posted, and so delivered
at the husband's address in this country. That, the appli-
cant said, was done by Mr. Edward Cayley, his wife's first
cousin. In 1861, Dr. Alexander, who then knew nothing of
his wife's death, wrote to Mr. Edward Cayley for informa-
tion respecting his wife and children, but received no
answer. He accordingly wrote a second letter, explaining
that he bad scrupulously avoided annoying his wife, and
complaining of being treated in so cruel and unnatural a
manner by his wife's relatives ; and the affidavit stated that
he believed his wife assumed different names to prevent his
knowing her whereabouts, and it was only in 1862 that he
accidentally heard that Mrs. Willis had died at Malvern,
upon which be searched the registry, and by further
inquiries he ascertained that Mrs. Willis, who
died there on the 29th of February, 1860, was
his •wife. On the 14th of January, 1863, he received
information from a Maud which induced him to go to the
Ladies' College, Harley-street, and there be found his
daughter entered on the books in the name of Wood, and
that she had been placed there, and was residing with Mrs.
Bovill, a widow lady, of Gloucester-street, Hyde-park, by
direction of lady Mooteegle. He called at Mrs. Sevin's,
saw his daughter, and had a long interview with her, and
from her he found that his son had gone to Lady Mont-
eagle's for a few days. She appeared very much pleased to
see her father, and said she and her brother were very
happy, for every one was very kind to them. He wished
the children to pass the approaching Easter holidays with
him under the charge of a led relative, in which his
daughter acquiesced, but desi him to write to Lady
Monteagle and Mr. Edward Cayley, as they managed every-
thing. On the afternoon of the same day he called on Lord
Monteagle, and bad an interview with him, and informed
him that he had seen his daughter, and that he understood
his children were under the care of Lady Monteagle and
Mr. Edward Cayley. His lordship did not deny it, and
informed Dr. Alexander that if he applied for a habeas
corpus, it should be as sgainst, him. An invitation by let-
ter was forwarded to Mr. Cayley, for the children to visit
him under the care of a lady relative, but no notice was
taken of it, and the applicant has not since seen the chil-
dren. laidl Mooterigle, it was stated, was a relative of the
Cayley family. Some further letters were written, and niti.
mately Mr. Edward Cayley replied to a letter from Dr.
Alexander's aunt, desiring her, if she communicated with
him in future, to do so through his solicitor.
The court ultimately granted a rule nisi to show cause
why a writ of habeas should not issue.
Several unimportant motions were heard, after which the
court proceeded with the further hearing of the case of
Bells e. Muria', which was a rule for a new trial. The
point in dispute was novelty in the invention of the manu-
facture of white metal used for capsules, and coffin furniture,
and other article*, but the arguments had not concluded
when the court rose.

COURT OF BANKRUPTCY.-Jura 8.
(Before Mr. Commissioner Goulborn.)
IN RI COLONS', WILLIAM PETRIE WAUGH.

After our report left yesterday,
Mr. Roxbargh replied on the matte of the application,
urging that the bankrupt had suffleintly accounted for his
non-surrender subsequent to the 19th January, 1858. Bank-
ruptcy was no longer regarded as a crime, as it once was ;
and non-surrender under an old bankruptcy was no longer
punishable, for the 253rd section of the Consolidation Act
had been repealed. The assignees admitted that Colonel
Waugh, although abroad, had afforded them great assist-
ance. They wished to know what bad become of the
250,0001., and that was the very thing which the bankrupt
wished to come here and explain. The leave to surrender
would not prejudice anyone.
Mr. W. H. Fryer, a solicitor, who mid he was a large
creditor, and had proved for 3,7001., opposed the applica-
tion. and asked that the bankrupt should be required to
bring into court the 50W. which he admitted he had taken
away with him.
The

-I tear that is a simple impossibility.

(A laugh.)
Mr. Roxburgh said that Colonel Waugh was not an ab-
sconding bankrupt ; he had left England for a tour on the
continent on the 28th of March. I inmeditely after that
the Eastern Bank went to pieces, and that led to his
bankruptcy.
His Honour said be should rather like to consider the last
point,which had been started upon him somewhat irregularly,
after the case was apparently closed, as to the repayment
of the 5001. It was most important that it should be under-
stood that absconding bankrupts, or persons going away from I
their creditors, if they take money with them, were not
entitled to ask the indulgence of the court, and sea general
rule to be allowed to surrender until they bad recouped or
repaid that which they bad taken away. This man had
gone away on the 28th of March. On the 16th of April he
had been adjudged bankrupt—an interval of only nineteen
days. He should consider that point, and that point only,
for he bad made up his mind very much on the other, and
would give bin opinion on Wednesday next.

and that the old man was seen to act in an indecent manner
towards the prosecutrix at • place called the " Ruins," in
the neighbourhood of Stepney. Some passers-by interfered.
and he was given into custody, and this led to the present
charge being preferred. The prosecutrix underwent a very
rigid cross-eumsestion by the counsel for the defendants,
sad the answers she gave showed clearly that she was •
very precocious girl. Ske admitted that she went to a public-
house and drank with Howell when she left the theatre;
and although she said she did not consent to what after-
wards took place, it appeared that she made oo com-
plaint to her mother or aay other person, and that she
went afterwards voluntarily to the place where the defen-
dants resided, and appeared to be on very friendly terms
with them. The prosecutrix also admitted that she had
been at several public-houses with the defendants, and drank
gin and other liquors with them.
Mr. Palmer, at the close of the case for the prosecution,
submitted that there we. no evidence to support the three
first counts in the indictment, alleging that the defendants
had conspired together to procure the defilement of the pro-
secutrix by the man Howell ; and the Recorder, after some
teihnical argument, ruled that these count. bad
not been supported, and that the case must go to the jury
upon the fourth count, which was what is called a common
law count, imputing to the defendants that they conspired
together to induce the proucutrix to become a prostitute.
Mr. Palmer contended that this was no offence.
The Recorder said that this objection could only be
properly taken in arrest of judgment, and the jury must, in
the first instance, may whether the defendants had done
what it wu alleged they had done.
The learned counsel for the defendants then ad-
dressed the jury on their behalf, and he contended
that although the man Howell might have acted
in au immoral and improper manner, that there was nothing
whatever in the case to bring it within the operation of the
statute. It was quite clear that the prosocutrix was very
far from being • virtuous and inexperienced girl, and
although her appearance was certainly very juvenile, she
was in fact eighteen jean old, and the manner in which she
gave her evidence showed that she was well versed in the
ways of the world, and knew perfectly what object the de.
fondant Howell had in view when be accosted her and took
her to the theatre. He then proceeded to comment upon
the facts, and mid that his lordship having ruled that
there was no evidence to support the three ant counts of
the indictment, it appeared to him that there was nothing
whatever to justify the jury in convicting the defendants
upon the fourth count, which did not, an he should contend,
disclose any legal offence whatever.
The Recorder then summed up, and be left it to the jury
to may whether the evidence established that the defendants
had conspired together to induce the proeecutrix to become
• prostitute. He at the same time said that if it should be-
come necesaary, he should reserve for further consideration
the point of law whether such • charge could be sustained
in law.
The jury deliberated for • considerable time in the box,
and then retired to consider their verdict. In about ballast
hour they returned into court and found both the defend.
ants Guilty upon the fourth count.
Sentence was deferred, in order that the legal guanine
may undergo further consideration.
NEW COURT.
(Before the Common Serjeant.)
. .

Thomas Williams, who described bin self as a dealer, was
indicted for felooiously having in his possession 23 pieces of
bad money, consisting of 10 florins and 13 shillings.
The prosecution was conducted by Mr. W. H. Cooke and
Mr. Cranfurd ; the prisoner was defended by Mr. Gent.
After hearing the evidence, the jury at once returned a
verdict of Guilty.
The counsel for the prosecution then stated that the pri-
soner had been convicted some eight or nine times, and
sentenced for periods cf from two to five years, and, singu-
lar to relate, at the time of his capture had the whole of the
depositions of the former charges in his possession.
The Common Serj4sant sentenced the prisoner to be kept
in penal servitude for seven years.

THE POLICE COURTS.
MANSION-HOUSE.
Jolts Bitlinger, a respectably dressed young man, was
brought before Mr. Alderman cod Colonel Wilsoo, who was
sitting for the Lord Mayor, charged with stealing a gold
watch, value 161., from the person of Edwin Shipp.
The prosecutor was in Gresham-street, City, at about one
o'clock yeaterday, looking at the preparations for the recep-
tion of their Royal Highoesses the Prince and Princess of
Wales, when a cart happening to come along, he stepped
on to the pavement to avoid it. There were a number of
persona assembled, and 'wept them the prisoner, who
immediately the prosecutor stepped on to the kerb, pushed
against him. He felt a pressure at his watch, and on
looking down saw the prisoner break it off at the bow, and
drop the guard, upon which be made off in the crowd. The
prosecutor, however, laid hold of him and a policeman being
close by he gave him into custody. A, witness saw the watch
fall at the pneoner's feet, having seen it previously in his
hand. It was picked up, and the prosecutor identified it as
his.
The prisoner, who did not deny the charge, begged that
the case might be dealt with at once.
The magistrate, however, asked what was known of him,
and
Partridge, the gaoler, said he had been convicted from
this court several times, and bad, he believed, only just
come out of prison.
The prisoner declared this to be untrue, and said he got
his living by tailoring, but his fingers bore no indication of
his ever having followed such employment.
He was committed for trial.
THAMES.
Joseph Burns, aged 52, a seaman belonging to the ship
Copenhagen, lying in the West India Dock, was brought
before Mr. Woolrych, charged with setting fire to the bed-
clothes in a house, No. 5, Gun-lane, Limehouse, and ae-
rating Emily Saunders.
It appeared that the prisoner was, in nautical language,
half seas over, and fell in with the oomplainant, who took
him to her lodgings in Gun-lane. She asked him for
money, and the sailor said he had none, on which he was
informed that he must leave the place directly. He re-
fused to do so, and a quarrel took place between him and
the complainant, in the comes of which the prisoner made
a clean sweep of the images, ornaments, and glares on the
mantelshelf. He smashed up everything that came in his
way. Plates, dishes, chairs, and tables fell a sacrifice to his
property and when the complainant endeavoured to save her
the prisoner knocked her down, and then took up
a lighted candle and set fire to the bed-olothee, and a dress
lying on the top of the bed. The clothe* were immediately
in a blare, the woman rushed into the street and screamed
aloud for help. and the crier of " Fire, fire," resounded '
from one end of the lane to the other. A police-constable,
named Marshall, No. 511, rushed into the house and ex-
tinguished the fire. The room was damaged, and the bed-
clothes and a valuable dress consumed. The primmer was
taken into custody, and on his way to the station-bowie be
made violent resistance and capsized *even or eight penman.
He was very much intoxicated, and but for the prompt in-
terference of the constable and the neighbours would have
burnt down the house.
The sailor, who treated the charge with great levity, said
he was intoxicated.
Mr. Woolrych—l shall commit you for trial on two
charges, for arson and for the assault.