The Express.
London, England, 1855-02-01 00:00:00

TIN 401 XX OX TXI PIOS
WARDS". OP K. PAITIL V.

Mr. Collier applied, on behalf of the Rev. Mr. Holloway,
for • rule to show cause why • inaadasnue should not issue
to compel the Rev. Gill Cholmoadeley to deliver n the
books for the registration of births, deaths, and marriages
of the parish of St. Faith. The Hospital of Bt. Cross,
which was partly en ecclesiastical inetilutios, was estab-
lished in the parish of St. Faith. It appeared that In 1808
Lord Guilford was made guardian of Bt. Crime but was not
inducted to the rectory of St. Faith, as had been the custom
for many years previously. The registration books
were messily kept in • chest in the church, or
in the how of the rector. In 1839 en information
was filed, at the hiatuses of the Attorney-General, praying
that the Rev. Mr. Cholniondeley should be appointed
receiver of the charities of Noble Poverty and St. Cross,
sad he accordingly became pasmwd of the books in clues.
lion. The churchwardens, of whom the Rev. Mr. Holloway
was one, were bound to see that the registries were pro-
perly kept, and to produce them when required ; and he now
made this application, as he had no other mode of imagist;
the books to be delivered up and placed in proper custody.
Lord Campbell maid it wee incumbent on the applicant to
show that the churchwardens were the proper custodians
of the registries.
Mr. Collier submitted they should be deposited I. the
chetah.

The court bold that the churchwardens wort not the pro-
per custodians of the books, acd if they were entitled to
apply to this court for a mandamus an action would Ile.
Application refused.

ADMIRALTY COURT.-Jut. 31.
•:rou DIL I.IIIIEIMPTOL
TIM s•rlaf.—PklZl.

The R■pide bad been seized at Liverpool, in November
last, on suspicion of being Hooka property, and bar muter,
a Marian, bad absconded lest he should be made a prisoner.
From her papers, it appeared that the vessel bad originally
been Russian, that she had afterwards become Britisit, and
that she had fleshly been sold at Monte Video to a Don
Franeireo Antonio Gomez. Under these circumstances,
Mr Hall, the consul for the republic of Uruguay, had in-
terfered to prevent her condemnation. He ►ad put in as
affidavit to the effect that he believed the papers to be
genuine, but be declined to swear that be believed no
Russian subject had an interest in the ship, respecting
which, in point of fact, he knew nothing whatever save
from the papers.
Dr. Lashington said that Mr. Hall had conscientiously
performed his duty, and deserved great credit. By the
law, the master was the agent for the owner for the purpose
of making a claim; and although in cases in which a master
had become insane the court had allowed time to communi-
cate with the owners, be did not see any reason why, in the
present instance, he should depart from the provisions of
the act, which required him to proceed with all convenient
speed. H. mast therefore pronounce for the oondamaation
of the nel.

COURT OF BANKRUPTCY.-Im 31.

320.1 to. COlOOlOll2 0001.110 N.
1,3111113.-1111 C TTTTT L PALACI HOTTL.
The banknote, of Thomas Masters, of the Crystal
Palace Hotel, and the Beulah Spa Hotel, Norwood, was
reported in the Dasly New a few days ago.
An spoilt:ado:a was made to his Honour, on behalf of the
bankrupt, who is confined to his bed from the effects of •
meets accident, to hare his surrender taken at his house, i•
order that he might .be entitled to the protection which
belongs to a bankrupt who has taken the requisite steps for
placing himself under the jurisdiction of the court.
His Honour doubted whether the surrender could be
taken by any of the officers of the court, and, after referring
to the act, and the rules and regulations, and consultiog
with some of the other commissioners, he determiaed on
adjourning the court to the Crystal Palace Hotel for the
purpose, observing that he bad power to hold a court any-
where. This was done on the following day, and the sur-
render of the bankrupt was taken by his Honour personally,
In the ordinary form.

ix U

This witness underwent a long crone-examination by Mr.
Sleigh, and in answer to the questions put to him, he said
he was aware that Dr. Taylor, Dr. Beck, and other eminent
medical authorities in their works upon medical jurispru-
dence, had expressed their opinion that the hydrostatic test,
as it was termed, was no positive proof of • child having
been bens alive, and that the fast of the lungs floating
might be asomarited for by the child having breathed during
ths proems of partarition ; but he said that he diffnred in
opinion with these gentlemen upon the subject, and in the
present instance he was satisfied that the lungs would not
have been inflated to such an extent if the intent had not
had an entire and separate existence. This was the only
case of supposed infanticide in which be had been engaged,
but he had been in practice WINS 1828, and he had seen •
great many cases where children had died very soon after
their birth but in no one instance were the longs in-
flated to such an extent as in the present ineance. lie said
that the moment he look, d at the wound he was satisfied,
frem its appearance, that the child must have been alive at
the time it was inflicted, and this opinion was confirmed by
the poet mortem examination. He admitted that there were
other tests used for the purpose of forming an opinion with
reference to the lungs in such cases, but he said that he
Merely applied the one of trying whether they fl rated. In
answer to further questions, the witness admitted that in
the case of a first child, where a woman had no assitesnee,
the delivery would probably be of same duration, and that
this would afford the infant an opportunity of breatbieg
INSOLVENT DEBTORS' COURT.—JAN. 31. more completely, and consequently of more perfectly in-
flating the longs.
mons na. cowman= =arm
This was the ease far the prosecution.
ts TAN MATT= OF /AIMS aritranssos.—CONSlTMl24lll
Mr. Sleigh made a most earnest appeal to the jury on
BY cottirrx COVENS.
behalf of the prisoner. After observing upon the dreadful
This insolveat, whoa ppeared for his final order, informed character of the charge against her, he said he was sure that
the court that he was arrested this morning by the bailiff of they would panes before they returned a verdict against •
Whitethapel County Court, on a commitment for 40 days, young temente like the peer girl at the bar of having &n-
-and applied to the 1 d Commissioner to discharge him, fully, and of her malice aforethought, murdered her own
as he had the pioteetion of the court, and had produced it off.pring, a crime repugnant to nature, and to all Otiose
to the bailiff, who was now in attendance. feelings which here known to exist in the breast of • mother
The frequency of commitments by county courts, whilst towards a child. Before they would be justified in ouming
insolvents are protected by this court, has attracted a good to such a cosclu.ion, he said they mast be satisfied that the
deal of attention to the subject, and the present en" was child was actually born into the world, and he urged that
discussed with the learned Commissioner by the gentlemen there was no evidence to justify them in coming to such a
of the bar. Mr. Macrae's "Practice in Protection Cases" conclusion. The fact of the lungs floating on water was
was referred ter, and, after consideration, and the authority Admitted by all the highest medical authorities to be ao
of a case of William Minnett, Mr. Commissioner Murphy proof whatever that a child had lived, and it might
laid down a rule on which be would act in future cams, and be accounted for by the child having breathed
he biped there would be uniformity of practice adopted In during the progress of the delivery. He called the
all similar eases attention of the jury to the fact, that this occurrence
Mr. Oornatlesieser Murphy said the only difficulty be bad took plate in the dead of the night, In darkness i and
in protection Haapl was with regard to interim orders, but he said that even supposing the wound that had been men-
the moo of IfilaliMe which had been been the Chief Coin- tioned to have been indicted during the life of the child,
miesiener Law, bed removed this difficulty, and he should there was no proof that it was not given accidentally by the
set upon it in all i.e.. lie bad the order drawn up by the prisoner in the distress and agony of the moment. He non-
linear= etnamiuMease is that case. As to the Ist and 2nd cludedley earnestly entreating the jury to take • merciful
VYfis ihe Owl if Oimamm Pleas had decided that a view of the case, sad say that the prisoner was not guilty
ammey smart eenkl eimmait se for an " unsatisfied judg. of the crime of wilful murder, and they would still have it
mist," gad by the SOS the only mart to which an septic& in their power to find her guilty of the minor offence of
Yea could be made was that court oat of which the process conosaling the birth, which would subject her to very
IC protecting orders awl final ardent this court
=Wa As
fer, and the question' NNW on interim orders. severe punishment.
Mr. Baron Parke, in summing up, said it was undoubtedly
la the ease cited the Chief Sometiesismer bad met the very a very melancholy thing to see a young woman like the pri-
question, sad by taking the two Proem*. Lots, 6th and loner, who had not been improperly called a child by her
6th and 7th and Bth Viet.' coupling We issobadiag words learned counsel, standing at the bar of • criminal court to
of the 6tk motion of the last-amatlnned sot, be had answer a charge of this dreadful character, but the jury
power to discharge where the protection if this court was must do their duly to their country and the prisoner, and if
Urine the order of eolelniteeed- It well tree the CoustY thetovidepee satisfied them that the charge was proved, it
Courts Aet wee subsequent to the Teehattbes, Aka;
,bae would be`kbeir duty to say so, regardless of the come.
flying the thl" of lolerPmeelles be seas w•am, ewer", woe's. The learned judge then minutely recapitulated
was of opinion that this con= meld order the discharge MS whole of the material facts of the cam, and concluded
on interim inlets to WIC whim ttie eolleetiteaeote were by leaving it in the hands of the jaw.
after the Peetwetbere a this 1.8. The allblese between The jury retired, and were absent for more than an hour,
this court and the otmentUk!!!" woes ‘0410•17° MO ha" when they returned taco mart, and gave a verdict of
that Mr. Commissioner nmmae eateddsei ma egidea that Not Gordy of murder, but Guilty of oosemaling the birth of
this court could set iatertenee but be hoped that after the the as&
mil of dial" ela the embebe b• W Shear there would Mr. Baron Parke directed the prisoner to be at woe
be uniformity at p rtir " Seeelle bided do balm. brought up forjudgment, add, addressing her, he said that
to dissfiarge that inadoonen and Mid OM kelehese If impola- the jay bad Will d her of the dreadful crime with which
sari a warrant west M ewe W Wllleelessealeeee Pelson. she was charged, and be hoped that her conaciona west with
Subsequently, the enithar at whose redi the weemeeet 'he verdict. She could only sow be punished fox ism
was
00 committed, weitsd___..__4l" the eenlngldener,_
_to emPts" dream salsdeneanoor ; but, looking at all the eismew
that de men had bees mown". es mu the Male. of stances of the case, he felt that he maid do no Ism Ibis
Pi pase upon her the fall amount of punishment fixed bill
Mme
Illmephu sold him his *ay was haw law for that offence--namely, imprisonment, with
, and an IS W hunted the lad belse_ be toad sot labour for two years.
Ile Wthat this man ma Power be die' Choi= Lyon, 44, was indicted for the manslaughter of
image where the fatesim ease was helm, the order of ems- Jane LT„.
elthelle- lin .bald I. aai If the ereebtee "114 gar an Mr. Clarkson prosecuted. The prisoner was defended
Wise stem of the impeder marts on the point, which by Kr. Bouoatinn
earesialy woe on Important eam. It would be no use getting This was ass of those selaasholy cams in which • wife
seirtbir siimiimeat, as he sbnislagtathorge the man. appeared to have lest her life from the brutality of her
Tba =pressed his intention of getting =opinion husband. The prisoner, it oppoorod. wow on the hon.
of • mp«im siert, if he could, on the subject. cress of &greengrocer and chandler in Arthur-street, New
IN NZ MUSD NICHOL NEAII2.—ANOTNIR cottatrrszwr. Kent-ioad, end the deceased woman, to whom he had his.
Mr. Deiase, applied for the discharge of this Insolvent. ,married a greetmany ams, and who had borne him four-
On the 16th ;usury he obtained his interim order of pro- tun &Rana, am of whom were alive, resided with him,

WOW MIL

l VPTCY OP 711. BAILLY, Till IMININT ICOLPTOIII.
An adjudication in bankruptcy wee made against Edward
Hodges Hailly, described as a sculptor and dealer i•
marble, of Newman-street, Oxford-street, and of Crescent,
Camden•road Villas. The bankruptcy is on the petition of
a creditor ; the solicitor in the matter is Mr. A. Jones. of
Quality-court. The liabilities are stated at about 4,00 W.;
the amount ()Caserta is uncertain. Mr. Badly mu about to
execute a steno of the Duke of Wellington, for which he
wee to receive 5,0001. The petition has been bellotted to
Mr. Commissioner Helroyd's court, and Mr. Edwards le the

official assignee.