The Express.
London, England, 1863-12-03 00:00:00

'I7IE EXPRESS, THURSDAY EVENING, DECEMBER 3; 1863.

Wu latellitemc.

COURT OF QUEEN'S BENCH.—Dte. 2.

- - - - -
Ahdr Term 'Mums al Nisi Pries st Westrairter.—(Befors
Lord ChloE Jusocis Cos biro and Special Jury.)

NUMMI& T. THE LONDON AND NORTH WE6TERN NAILWAT

COMPANY,

This was an action brought ;i the plaintiff, Mr. Si!vaster
Emanuel Frankel. a gentleman 20 years of age, by his next
friend his mother, to n-ouver compensatioe in damages for
eery serious injuries sustained through the alleged negligence
of the defendants' . The defendants pleaded first, not
guilty ; and secondly, that the plaintiff was not a passenger
to be carried by them.
Mr. Serjesnt Shoe. Mr. Hawkins, Q.C., and Sir George
Honyman were colonel for the plaintiff. Mr. Lush, q.c.,
wad Mr. Aspinall were coulee' for the defendants.
Mr. Seriesot Shee, in stating the plaintiff's case to the
jury, said he was a young man of robust health prior to the
esculent, which took place on the 15th August, 1861. He
had been study ing for years under private tutors, and he
was attending the Kiag's College school lectures, to qualify
himself ts a cadet for the Royal Military College for a com-
mission in the Royal Engineers. He retitled in London with
his mother, and in August, 1861, he went into the country,
partly for pleasure and partly for instruction, intending
to make a tour of England and inspect various works
is different parte of the country, in the hope
of combining instruction with amusement. in the
course of his tour be had visited Liverpool and inspected
the docks, and he had goes thence to Bakewell, having
pawed by a line of railway is the course of construction
elm the hanks of the Wye. He slept at a farmhouse in
the seighhourhood of Bakewell on the lit of September,
the night before the *oddest, and walked in the morning
to Buxton, twelve miles distant, intending to proceed from
thence to Manchester to visit some mines in that neighbour-
hood. At Buxton he wept to the defendants' office and
took a ticket for his journey to Manchester. There was no
seamy from one pleas to the other, but the passengers were
conveyed from Buxton to Whaley-bridge by omnibus,
where they take the rail for Manchester, the tickets, how-
ever, being issued at Buxton for the whole of the 3ourney.
He toot his ticket by the one o'clock omnibus, on which was
stated ,utaide coach and third class." This ticket is
lotted subject to the conditions stated in the company's
time bills. He took hie seat on the extreme end, by the
side of the driver, another passenger sitting between them.
There was no footboard on which to net his feet, and the
rail was ,nly sufficiently high to keep the cushion in its
There started from the same office a few minutes
tow% the omnibus the mail from Matlock toiMsicheeter,
sad it would appear there was a kind of rivalry between
the drivers, for they both drove at a rapid pace, and alter
mealy passed each other. The omnibus had 25 oarsmen",
sad the driver took no heed of their complaints at his
furious driving. Just as they approached an embankment,
on ow side of which there was a fence, and on the other a
slops with a siege-wall at the end, the vehicles were close
together. and on one of the pawners ceiling to the omni-
bus driver to avoid the danger of a collision he pulled sharp
to the left, and got the wheel of the omnibus off the hard
read on to a soft, uneven part of the embankment, the
cosemeenos of which was to throw the plaintiff and his
fellow-porthoger off, the former coming in contact with the
stone wall. He wee picked u insensible, and conveyed to
the Joddrel Hotel, kept by Mrs. Ward, Wiles he was put
to bed end Weeded to by a surgeon. He telegraphed to his
mother ; but in consequence of her being at Folkestone the
noway was delayed, and not hearing from her, the landlady
ea the second or third day insisted on his leaving. Hom-
y. with the 'moistener' of a stick and some ,
:rearg2ito the railway static., • few yards off, came
to town. Thence he went to his mother at Folkestooe,
where he obtained medical advice, and at the and of four or
live weeks he was taken to Paris, to consult Dr. Switzer,
where he remained five or six weeks without getting better.
The plaintiff had sustained an incurable injury to the brain
and the spins, and there was every probability that it
would terminate in palsy and the entire loss of memory.
Os the question of damage. the learned serjeent said the
Aleut had mot suffered in a pecuniary sense, but he had
het the advantage of following a high and honourable pro-
/emirs with the beat possible prospect of moms in life. B.
must for the future be dependent on his friends. It was
digkaft, therefore, to say on what principle to assess com-
pensation ; but at least the plaintiff wee entitled to a com-
petence for life. No money could othipethate • young man
• sedi an accident, for it was tar better for • young man to
=ilea with good health and an on career
him than to be possemed of a competency with each I
eallering. _ _ _

The jlaiotiff, who appeared to be suffering greatly from
the offense( the accident, was then called, and confirmed
the above statement. He said he was formerly a member of
the let Middlesex Volunteer Engineers, sad enjoyed robust
health, and could bear great fatigue. The driver was
advise very fast, sod he was much frightened, and be spoke
to hie against driving so fast. When he was thrown off he
was covered with blood, and was in great pain. The land
lady at the hotel refused to allow him to remain although
ke premised to pay her, and he had to rave about the
mead day after the accident. He had a fit whilst there in
bed, sad he recollected being picked off the floor with the
Dell-rope in his head. He was misted over some steps by
the cook, and with the help of a stick he walked to the
et
atioa and came to London. He drove in a cab to the
seighbourhood of Regent's.perk. sad ladies his mother was
at Folkerese, he drove to the ratio° and west to her. He
felt sow pair is the tack, and horrible pains in the head—
ier fact he was is sesame pre that he could scarcely sit. He
felt number in the legs, his sight was bad, and he could
set sleep. He suffered from palpitation sad occasional
admen. The horses were going as fast as they could
seH.
John Burroughs, parearm who sat between the driver
end the plaintiff, gave similar oviform He was thrown off
at the same time, and was coefieed at the hotel Mee days.
The passengers told the driver chat if be did not let the mall
per there would be an accident. He bad kept the rad for
arm than a mile to prevent the mad from passing. The
Urges were galloppieg when the accident happened. There
was room at the spot foe two • to pass.
Several other pommies were abed, sad deposed to the
furious driving of the omnibus driver, and their reason-
eratiog with him, but of which be took no heed. When,
however. be pulled on the ore side, to let the mail pass, he
was galloping, and the WNW wheals of the 'bus got into a
bellow, two feet deep. The sudden jerk threw the plaintiff
sad the other mare off the seat.
At this stage of the ore Hr. Lush, in answer to a qua-
floe from his lordship, rid he could not resist the nigh.
game of the driver. He armed his lordship that the
company were told a different story.
The Lord Chief Justice said no one could fail to me that
it was one of thorns accidents they had all had experience of
is their former coaching days, when coaches need, and the
Livers tried to per one another. It was only a question
of damages.
Evidere wee then given on that point.
Mrs. Feasted deposed that she did sot know her see
vine be came to ►her at Folkestoae. He was braked all
ere ; his forehead and lip ware cut, his arm was in a sling,
mad very much injured. He became delirious, and one night
he mamegedto escape from the house, and was found amongst
No rocks. He was highly excited and barrow. At
times he got very little sleep, and he very much cons.
phased of pain re has head. His memory aria eight wore
imprrod. At times lee was dvoseed and cried-, sod he
was usable to walk. Motion soddenly leaves him and be
Me down. He was usable to read or study. He was
*rag red healthy before the accident. She had mesas
red bad only this child.
The medial evidence was then called.

Dr. .17.;1704-410ii..i;i3e.-isiTiln on the 6th Sep-
tember, whom he complained of gnat pain all over the
lady, • alight wound and • severe braise over the left eye,
extreme swelling and discolouration of the whole face, • cot
es the lip, and his features were exceedingly distorted by It.
Hs considered him suffering from concussion of the brain
and the spine of a permanent character.
Mr. Ceorge Pollock, consulting surgeon of St. George's
Heepltal, and Dr. Roberts, Groirvenor-street, described the
injuries as permanent. The latter gentleman wee his
otter's medical attendant and had known the plaintiff for
Tears. Considered the brain was ur.dergoing permanent
dieerganitatioc, and there would be palsy. He had oo hope
el his recovery.
Dr. Thomism Hawkesley, who had had the plaintiff under
his abatis, said the disease wan making progress, and indult%
from all human probability it would terminate in softening
of the brain and his becoming idiotic. He would also be-
COMP more and move paralysed, sod sooner or Liter he must
leek.
Tho defendant called no witnesses.

:4eirjient .bee thrtrada7esaed—the jury upon the case.
Mr."Lusb followed, in mitigation of damages. He de-
plored the lamentable injury that had happened to the
plaintiff, and hi) was at a for to give them any advice
r to the principle upon which they should sasses the
damages. The plaintiff, they should bear is mind, was
the only son of a lady who -had property, and whatever
damages they pee agaiost the company would is reality
have to be paid by person who were without nitre sod
aufferiog from poverty.
Tho Lord Chief Antra who lammed up Roder feeling of
r,:swetreurieotion, maid
member —This eue
ving sees orolfwtliredmost tittsoiolg.cesesurt
of justice. Here is a young man, is the and vigour
of
,youth, and by the negligent, caroler, and rockier
eooduct of a commune the whole of bis future existence
is rendered a bleak, sad he prewar himself before you
& perfect wreck both is mind and ia body. Ido not
you must bates to any argarort is mitigation of
damages feared on the want or poverty of the parr
who will ultimately have to pay them, but you must
look and re the amount of injury that has been indicted.
Instead of li•ing a life of hope end enjoyment before
him, this poor young mesa is now in mind and body a
nsiaerable creature, mid he has nothing before him but a life
of suffering sod misery, until, in the progress of the
du-
als, it shall have swept him away loug before his time.
No doubt the mother who bore hint, could she stile her
arternal feelings, would rather that the accident to which
fibre miserable oromequetices are rallied had ended her
pee days at once, 1011t1114 of leaving him the blighted man
be ie. It is for you to say, nadir these lamenteLle circuits.
stances, what amount of damages the plaintiff ought to
naive. _ _

—A
jarvmso, oot satisfied with the positive evidence gives
by Dr. Hawke(ley es to the permanent &snout of the Is-
juts and the probability of their resulting at oo reason
psisilo idiotcy end paralysis. put several qosstioss to him
a• to the probable duration of the plantars life, to which
Dr. flawkesley replied it was impossible to my. It might
be tee or twelve yews.

The jurymen thin turned round to consult, rlrntet sad
mediately after this officious juryman turned to the court,
saying, • We am all areeil uu a verdict for the plastid, da-
mages Lao." This sunouncement, coming from one of
the body and not through the foreman, took everybody by
surprise, and the Lord Chief Justice lifted up both has
hands in astonisbmeot ; and as this was the last ease is the
day's list his lordship, as ie was lamina the court, addressed
the jurymen, saying I should have given three times that
.11110110 Z or considerably more thus that sunk, we could not
catch which from the noise is court occasioned by the sur•
prise of every 0011/1t so small all amount of damages.
A juryman, equally astonished as the audience at the
hasty and indiscreet conduct of his brother juryman, said
the jury had not decided on their verdict. They were dis-
cussing whether it should be 1.5001. or 2,0004, when the
latter, retching at 1,500., turned round, and &snooped it
u the verdict of the whole. He did not want to be se-
amed of having no conscience, and he was one of those who
were for 2,0004
At the request of Mr. Serjeant SU* the Lord Chief
Justice was sect for. On his return into court,
The Foreman said he was not aware his brother juryman
was about to state to the court that they had agreed to such
a verdict, when in fact they bad not.
The Lord Chief Justice—The juryman ought not to have
made such a statement. If I had thought you were not
unanimous I should not have expressed myself in the way
I have done. .

The juryman enured his lordship they were diaminsing
whether it should be 1,5001. or 2,000,., when his brother
juryman said they were agreed.
The Lord Chief Justice said the verdict ought to have
been delivered by the foreman.
The juryman above referred to s►id the foreman asked
him to announce the verdict. _ _

The other juryman said that could tot be so, for six of
them at least were for a verdict of 2,0001.
Mr. Lush raid it was very unfortunate, but every one
understood the announcement of 1,5001. as the verdict of
the jury.
The Lord Chief Justice—So did I, or I should not have
made the observation I did.

11;eTtrimansiiir protested that thee were not agreed,
and he was at a for to undentand why his brother jury •
man could lam made such an announcement

Tbs Lord Chief Justice aid that if the jury had sot
agreed to their verdict, and the totems') had sot announced
it as he ought to have does, he was of opinion that he wee
sot justified in taking the announcement as the verdict of
the jury.
They were directed to retire and consider the matter, but
without doing so they laid their heads together for a wood
or two, and then the verdict was taken in the formal man-
ner for the plaintiff ; dumps, 2,000/.

COURT OP PROBATE AND DIVORCE.
I. 2.
(Brian Go Judge Ordinary.)
C17111191)111.A/R1 BlADBpalr T.

After the plaintiff's ease had been heard yesterday,
the defendant stated that he had been in the service
of the South Western Oosapany as head clerk at the
City office MOM= Ina, for about ten yeah. When
he married the testatrix she was a dancer and singer, but as
his means were suffizient to enable him to dispense with her
earnings, be took her off the stage. He had lived happily
with her, though he did not deny that he might now sod
then have had a purred, like other married persons. He
was not addicted to intemperate habits ; if be had been, be
could not have kept his situation so keg. He had never
treated his wife ill. He bad invested the 200/. in the name
of himself and wife, sad it remained in the funds till after
I her death, whoa of coarse it became his and be removed it.
She was in the habit of taking stimulants, though be did
not mean to say that she got drunk. When he went home
1 he would and gin, rum, brandy, and wine by her bedside at
the same time. He had remonstrated with her on the
subject, and it was that, perhaps, more than anything else,
which bad led to any ill feeling between them.
Miss Edgar, at whose house the parties had lodged, and
who wee one of the attesting witnesses, swore that there
were no names on the paper which she lived, sod that she
saw neither the testatrix, nor the attorney who was with
her, write on it. The witness added that Yra. Yells wee at
times quite unconadons. Witness had balf.a-dosen young
doctots from the university staying in her boozes, and they
ought to know whether she wee se Bible or not.
I Several other witnesses were called, and
Mr. James contended that the imputations the testatrix
had east opal her husband were delude's', which proved
that she was perfectly incompetent to make a valid will.
Dr. Spinke replied.
His Lordship Rimmed up ; and
The jury found a verdict for the plaintiffs upon all the
item

The Court Feenounced for the will, and condemned the
defirdant in ante.

CENTRAL CRIMINAL COURT.

(Beftweßares ahaanelL)
William Gabon*, spirt wheat the ooroner's jury bad
returned a verdict of maidsaghter, was placed at the bar.
Mr. Horyy, who appeared for the paaexaticn, said that
the gnarl jury had ignored the bill that was presented to
them spinet the prisoner. and this being the ease be did
not propose, if he had the enaction of the court for such a
course, to offer any avidness in support of the coroner's in-
quisition.
The jury coasequeutly returned a verdict of Not Guilty.
Peter ltintskti, 33, an Italian, wits placed at the bar to
receive judgment.
The prisoner wee convicted at the August erasion of this
court of forging Austrian bank soles by means of photo-
graphy, and a question was raised whether this amounted
to an engraving of the notes in question, according to the
terms of the statute.

Baron Cbeowll, having briefly alluded to the facts of the
case, said the judges had oonsidered the legal question that
was submitted to them, sod they were unanimously of
opinion that the prisoner bad been properly convicted, and
the sentence adjudged by the learned judge who tried him
for the offence was that of psoal servitude for six years.
Jeminta Wage, 23, single woman, woo imitated for felo-
niously and malioionsly attempting to set Are to the dwel-
ling-boom of Margaret Coleman, she and other poisons
bang therein at the time.
Mr. Pratt prosecuted ; Mr. Lawrence was counsel for the
defaces.

—bum prosecntrix in this cam resides at No. 11, West-
bourne.mrk-creacent, and lets Loden', sad the primmer
occupied a bedroom and a sitting-room on the ground floor,
and had done so for a fortnight previous to the occurrence
taking place that was the subject of inquiry. This was
on the 28th of October, and it appeared that between
nine and tea o'clock on the evening of that day an alarm of
fire was given, aid upon some persons going into the pri-
soner's room, it was found that the window-curtains had
been on fire nd were burning, but the flame, were @Vaa-
-1 guisbed without any serious miechief being done. The pri-
soner was out at the time the fire was discovered, but she
returned mos afterwards, and was at once taxed with
having set fire to the hones, but she dialed having done so.
The premolar's, however, insisted that she should leave,
and she did so ; and on the following day a chiffonniere that
was in the prisoner's room was opened, and it was disco-
vered that this piece of furniture was burnt and charred
inside, sod there was also a quantity of paper ashes in it.
Besides this, it appeared that some articles of plate which
had bees given to the primmer for her use when she took
messed= of the lodging bad been pawned by the prisoner •
sad it was suggested on the part of the pmeecutios that thie
motive for the commission of the offence was to mooed their
tact It appeared that whilo the prisoner was in the Home of
Detection under remand the prosecutrix went to see her,
and she made • statement to her which amounted to an ad-
minion that she bed wilfully caused the fire on the night in
question and asked the proeecutrix to forgive her. It
transpired in the cosine of the case that as invalid lady
occupied the room immediately over the one rented by the
prisoner.
Mr. Lawrence, in addressing the jury for the prisoner,
said that, but for the supposed confassim she was repre-
sented to have made, there was not the slightest evidence
against her, and he submitted that • young girl lam the
prisoner might have said what she did under the lawmaker
that it would save ber from being prosecuted, although the
fire was in reality the result of accident.
Two or three witnesses were exarnioed, who gave the
prisoner • very good character, and described her as • good-
tempered, inoffensive girl.
The learned Judge having summed up, the jury, after
deliberating for some time in the box, mud they were not
likely to agree. Eleven of the jury, it appeared, had
agreed upon a verdict, but the foreman said that the twelfth
gentleman had intimated that he would not concur with his
brother jurymen if he sat for a twelvemonth. (A laugh.)
They accordingly retired to deliberate, and alter an
absence of little more thee half an hour returned and
delivered • verdict for the primmer of Not
(Before Mr. Justice Byles.)
Patrick Lela, 17, was indicted for unlawfully assaulting
dohs Leach, his father, with intent to do him grievous
bodily bans.

The prisoner pleaded not guilty.
Mr. Chambers prosecuted ; the prisoner was undefended.
From the evidence offered it appeared that the mom
enter is a private in the Artillery, stationed at North-
Woolwich, end the prisoner has been living with him for
some time past, leading a life of laineesi, and refusing to do
any work whatsoever. His father at length becoming dis-
gorged with him turned him out of doors., and refused to
support him at all. On the night of the 29th of November
the prosecutor was naming doers one of the streets oe his
way to the barraeloi, when the prisoner went up bellied him
and struck him a tremendous blow on the hack of the
head with a large stone from the effect of which he
fell to the ground in an insensible condition. The son was
about to repeat the blow when a bystander interfered to
prevent him, and gave him in custody. On being searched
another large stone was found in his pocket capable of
Melding a fearful wound.
L defence, the prisoner admitted that he had struck his
father, though not with intent to do bodily harm.
of. had hers very badly used, and finally tamed into the
streets in a desolate °rigidities : and on the day in question
be had been most cruelly ill-used, and he bad in a moment
of passion gone up behind his father end struck Dim a
ali*ht blow.
The jury found the primmer Guilty of the felonious intent.
The Court deferred lodgment.
Bridyeg Ford, 20, spinster, was charged with felosiously
wounding Elisabeth Stout, wth intent to do grievous bodily
harm.
Tie prisoner pleaded not guilty.
Mr. Daly pigmented Mt. Cooper defended.

It appeared that about a month ego the prisoner took out
a summons at the Thames Police Court against the prt.l4e-
ootor's sister, who was sentenced to 21 days imprisoatneLt.
Shortly after they bad left the court, • g l s iush:de
arose, and in the melee the prosecutor mailed a blow on
the bead, which she swears was given by the prisoner with
a decanter. She lost a ootosiderable quantity of blood, and
was confined for 14 days io the London Hospital.

For the defames it was 000 tended that it.- was the prose.
tutor who had struck the first blow, and it was dewed that
the prisoner had used • decanter at all. Several witnesses
were called, who swore that there was no decanter at all,
and it was evicleot that the prisoner had received • very
violent blow at the back of the head. Acoordieg to the
various witotsses the row seemed to have lasted about half-
an-hour. . .

The learned Judge having summed up, the jury at owe
Acquitted the prisoner.
Henry Henning, 33, soldier, and Was. Henry Pearce, 28,
soldier, were placed at the bar on a charge of committing a
violent assault upon Mr. Henry Turner, and stealing from
his person a watch and 7a. in silver.
Mr. F. H. Lewis prosecuted ; the prisoners were node.
fended.

It appeared that on the 12th November the prosecutor
bad occasion to be at the other side of Hydelark, and
after having finished his duties he went into a public-honse,
where be met the primmer', with whom he had something
to drink. When be was leaving they asked him if he could
show them the way to St. George's Barracks. As he was
going that way he said he could, and they proceeded to-
gether across Hyde-park. When they had got about half-
way the prisoners began to fall about and push up against
him as if they were drunk. Turner asked them what was
their "little game," when Banning said he would soon
show him, and at the same time made a spring at his
throat, and the two then attacked him in a most savage
manner, and left him in an insensible condition, after taking
his watch and seven shillings from his pocket. Not con-
tent with robbing him, they kicked him most brutally, and
be suffered from hi, injuries for some considerable time. He
afterwards picked the two men out at the Wellington
Barracks from among 1,500 men stationed there.
In defence the prisoner stated that the postman was
drunk when he left the public-house, and that they bad not
seen him again till he went to the barracks. As for their
going with him across the park, it was a pure fabrication.
The jury found both prisomen Guilty.

The learned Judge, in passim sentenoe, said it was a for-
tunate thing for the prisoners that the new act had come
into operation, or he would have felt it hi duty to have
sentenced them to a long period of penal servitude. That
act gave him the power to order them to be flogged, and in
this aloe he thought they richly deserved it. The sentence
of the court was that they be kept in prison for the •pace of
eighteen Weeder monthe, with hard labour, and that
within the Bret six months of their incarceration they each
receive the number of thirty lashes with a whip commonly
called the cat-o'-nine-tails.

The primers, who appeared astonished ►t this sentence,
were then removed.

Josue Gore, 53, labourer, vu indicted for feloniously
being at large, without any reasonable excuse, before the
termination of • sentence of fourteen v ears' transportation.
Ma. George Harry Palmer prosecuted. The prisoner, who
plead:it iritah%nilty, was undefended.
evidence was gone into from which it ap-
peared that the primmer was imovicted of burglary at this
court in 1856, and on the 12th of April in this year it was
known he was at large.
In his defence the prisoner stated that be certainly was
the roan who had been sentenced to 14 years' transportation,
but he had received his ticket-of-leave early io this year.
Unfortunately be had lost the pooket-book to which he had
plated his papers, and so had no mune of cleating himself.
The learned Judge summed upend said that undoubtedly
this was a cue of peat suspicion, but be really could not
say whether there was any method of finding out the truth
of the prisoner's statement, and whether or not any docu-
ments were kept, or whether& registry was in existence in
any of the public diem smetsining an entry of the tickets of
leave granted, be could not say. He bed no doubt, how-
ever, that Use jury would be riAtly guided by their judg-
ment in the verdict they would hod.
The jury after a slight deliberation Acquitted the pri-
MOM

Alines hicifentie,lB,laboarar, and Henry Dunn, 21,
taker, were indicted far committing a burglary, andete•ling
• quantity of diver articles, value together 401.
lir. J. Hoene Payne attended on behalf of the prosecu.
tins, and in opening the case briefly stated the following
facte:—lt appears 6at the burglary was committed at the
residence of Yr. Percy Otey, No. 7, St. Alban's-road, Ken-
tish-town, on the night of the 19th of October. Everything
was fastened up securely the night before, but the next
inceninfi it was found that the place bad been entered and
the articles mentioned in the indictment were mining. vie.,
• olver teapot, • set of silver spoons, and • quantity of
other articles. About ltalf.paat six the following morning
the two prisoners were met by • polke-conetable, and having
his suspicions of them he took them into custody. On
M'Kestie wax found the whole of the silver article., while
Dunn had poreasion of • small umbrella, which bad like-
wise been stolen.

The jury found the prieoners Gnu dry.
Both prisoners had been before convicted, and they were
now sentenced, M'Kenzie to fin, aad Dunn to three years'
penal servitude.
Julien Franks, an Italian, was indicted for feloniously
wounding Richard Wales with • knife, with intent to do
him some grievous bodily harm.
It appeared that the proserutor was returning home late
at night about a month ago,when he ran foul of the prisoner.
who ik.mmediately pulled out • knife and stabbed him in the

In hie defence the prisoner stated that he bad just been
robbed of his watch by four men, and when the prosecutor
me
spinet him he thought it was one of the thieves re-
Inroad.

1.14 statement was borne out by the officers.
The jury found the prisoner Guilty of unlawfully wound-
ing, end he was sentenced to six months' imprisonment.

_(Before the Recorder.)

Wm. Rou, 41, dealer, was indicted for feloniously receiv-
ing divers waterproof coats and other articles, the property
of Bachhard Bannbauni, well knowiog the same to have been
stolen.

The prisoner pleaded not guilty.
Mr. Sleigh acd Mr. Oppenheim prosecuted; Mr. Orridge
defended. _ _ _ _

--finQs should have been tried last ussion, bet it was
then remanded is order to stand over until after the convict
Yates had been tried for perjury. The latter was, on Tues-
day, tried and acquitted in the Old Court, and yesterday
Be..'. ease was proceeded with. The evidence of the convict,
who was brought into the witness-box in manacles, was
wroth the same as that given in the many different cases in
which be be. figured so coospicuously. He bed stolen a
number of waterproof-coats which, aooording tohis evidence,
he had sold to the primer at a very low figure, the latter
knowing they were stolen.
The jury Acquitted the prisoner.
1 (Before the Common Serjeant.)

George Dario, ZS, described se being • tailor, Edward
Sweeny, 19, labourer, tied Henry Kelly, 30, labourer, wareindicted for unlawfully end feloniously assaulting with
violence one Michael Prendergast, and stealing from his
person a snuff-box and a pocket-book, his property.
It appeared that ace and all of the convicts had already
suffered ponashmeet for acts of felony, and that they were
the habitual associates of the worst of thieves and prosti-
tutes. The bearing and conduct of the priaoners during
the time of the recital of their former mimes was most
offensive.

The Common fierjeant, in passing sentence, remarked
that the offset* of which they bad been meet justly found
guilty was of • most serious dissector. The offence bad
been committed upon an almost helpless old roan. And for
that offence they were liable to • sentence of penal servitude
toe life ; but be would not go to that extent. It appeared
that Davis bad deserted from his regiment, the 15th Dragoons,
and that oo reference to the commanding officer of that re-
giment it appeared as the evidence of Sergeant Shore that
that reference was met by a refusal to receive him back into
the service. The other two prisoners had already been pre.
viably coovicted. Referring to their former career, he
would make a distinction in the sentence, and that sentence
was that the prisoner Davis be sent to penal servitude for
the term of 10 years, the prisoner Sweeny to 7 years, and
the prbooer Kelly to 8 years' penal servitude.
At the clam cl the case, the Common Ferjeant remarked
that the officers Shore end Ackrell had done their duty in
this ease well, and had made their capture in a moat
gallant manner.
Elizabeth Brorn, 23, in the calendar described es •
spinster, and Mary Ana Milian's, 28, also • spinster, but
both being noted prostitutes, were indicted for • highway
robbery with violence upon Sarah Morris, and stealing from
her persona ring, a mantle, • shawl, and • brooch, her pro-
perty.
The jury, without the least hesitation, returned a verdict
of Geary spinet both the prisoners, who seemed perfectly
callous as to the result.

The Common Serjeent told the convicts that they bad
been convicted on overwhelming evidence of a moat cruel and
wicked outrage upon one of their own sex. The career of
both was well twine, sod the court had not any hesitation
in visiting them with severe punishment The sentence
upon the prisoner Brown wen that she be kept in penal ser-
vitude for the term of six years, and the prisoner Williams
for five years.
Jute Murphy, described ea aa agent, 39 yawed age, wee
indicted for embezzling three dims gurus of i 5.174.,
d.,
sad Se 104., received by him as collector sad servant forthe
Royal Liver Provident Society.
Mr. Metcalfe, with whom was Mr. Abel, conducted the
premintioe, and Mr. Daly defended the prisoner.
The cm presented was a renewal of a former prosecution
splint the prisoner on which he was acquitted. The present
indictment referred to auheequeot 'remotions which in-
volved • matter of account.

After a lengthy inquiry, which involved no potet of public
interest, and after an able address by Mr. Daly os the part
of the prisoner,
The Common derjeaut summed up. and the jury, after a
short consultation. retareed a verdict of Not Guilty.
Mr. Metcalfe, es the part of the praxotioo, intimated
to the court that there were vii other indictments upon
which ho should proceed.
The prieooer was accordingly remanded to his former
custody, sod the other indictments remain for trial.
May Curisberiend, a middlmaged woman with an
lase& in her arms, pleaded guilty to emend indictments
eitargiag her with robbing temporary !edgier', and was
sentemesd to twelve menthe' impneeemeat, with hard
Wow.

(Baton Mr. Commiarioser Karr.)

Stewart, a cattle dealer in Perthshire, was in.
dieted upon a aharge of having ceased to be es posed is New-
pis-market 3001bs. of diseased meat, the same being wtolly
neat for human food. Theta were also four other counts is
the iidietarat.

Mr. Sleigh, Mr. Poland, and Mr. Nicholson prosecuted ;
and Mr. Metcalfe defended the prisoner. who pleaded not
guilty.
From the very voluminous evidence laid before the court
the following may be given as the chief points. It ap-
pears that • person named Fairleigh lives at Cuper Angus,
in Perthshire, where he carries ou the busineu of pig-jobber
and shoemaker, and in September he was possessed of two
cows which appeared to be suffering from a disease of the
longs, and which Fairleigh therefore desired to dispose of to
the beat advantage. The prisoner resided close by, and on
hearing that these two cows were for sale, proceeded to
Fairleigh, and after some bargaining ultimately agreed to
give lam ff. for the two. Fairleigh consented, the pd.
ironer gained possession of the cows, and at once
engaged the services of a killer ; the cows were
slaughtered, and were nicely dressed, and then
consigned to a Mr. Leigh, of Newgetsernarket. In due
course the inspector of meat came round, and seeing the
state of the meat consigned by the prisoner to Leigh, at
once pronounced it unfit for human food. It was taken
before a magistrate, and there and then condemned, and
proceedings taken out against the prisoner.
For the defence Mr. Metcalfe addressed the jury at am-
Utterable length, urging on their consideration the serious
nature of the responsibility which was cast upon their
shoulders. It could not be denied that the prisoner had
sent the meat to Mr. Leigh, but at the time he did so he
was quite unaware that it was unfit for human food, and he
was therefore clearly entitled to an acquittal.
The Commissioner roamed up at coosiderable length.
The jury immediately returned • verdict of Guilty.
Mr. Commissioner Kerr asked the meat inspector what
effect this bad meat would have upon people if partaken of.
The officer said, according to Dr. Letbeby carbuncles
would be produced upon the body, as well as tharrhon of a
very severe nature, and in many eases death would result.
Mr. Commissioner Kerr, addressing the prisoner,
told him he had been convicted, after a patient hear-
ing, of • most serious crime • indeed, he did not
I know of anything more serious. Death might result from the
bed meat being This kind
and if so, of 03[1210 it was little
abort of murder. This kind of thing was very largely on the
increase, and it was his duty to pus a very severe sentence.
It had come out in evil-Noce that his own men, when he
had killed the cows, had cut the lungs and found them
to he diseased, and had afterwards tolhim (prisoner) so.
Certainly could not think of anything more reprehensible
than his conduct had been throughout the whole proceed-
fog. It bad appeared from the evidence that a very large
quantity of bad meat came from the neighbourhood of
Cupu Anm, and he hoped that after the sentence which
he intended to pus had been recorded, the people about
that locality war
he more careful for the future what they
seat to London in the shape of meat. The commissioner
then sentenced him to be imprisoned for the apace of twelve
calendar months—et the expiration of which time to pay a
fine of 501., or to be imprisoned until such sum should be
Paid-
The prisoner wu then removed, when Mr. Commissioner
Kerr severely assured the first witness, Fairleigh, who had
sold the prisoner the cows, and he expressed his opinion that
he (the witness) ought to have been placed in the dock with
the roan Stewart.

MIDDLESEX SESSIONS.
(Before the Assistant-Judie.)

Elizabeth Anderson, who was wedded last session of
dealing • silver watch, the property of William Graham,
in his dwelliurbouse, was brought up for Judgment.
The AssistentJudge said that as it was the first time
she had bees convicted of stealing, he should deal leniently
with her, and the matey* of the court upon her was
that she be imprisoned and kept to hard labour for one
MOULD.

Daniel Iraway, 40, labourer, was indicted for wilfully
damaging two pawn of plate glans, value 101., the property
of George Vires
He was found Guilty, and senteneed to be imprisoned and
kept to bard labour for four months.
Joshua Daniels, 64, described u a confectioner, was in-
, dieted for stealing a quantity of furniture, the property at
Leak Nathan.

Mr. Oollina (instructed by Mr. Vann) prosecuted ; Mr.
Holdswortk Weeded the prisoner.
This was a creel and moot heartless robbery, end commit-
ted wider very painful sod aggravated circumstances. The
prosecutor is • poor man with four small children, living in
Dinah's-court, Petticoat-lore, and gained a scan 4 living for
his family by hawking fish purchased at an early hour in
the morning at Billingsgate-market. In the month of May
(the precise day could not be stated) the prosecutor left his
home as usn,l at 4 o'clock in the morning, leaving his four
children in bed, but on that particular morning his wife was
not at home, as she bad assigned some excuse the day be-
fore that shel wanted to sleep on that night at her
mother's. When the prosecutor returned home on the
morning in question, between 8 and 9 o'clock, to get his
breakfast, he found his children nearly naked, the pillows,
counterpane, blankets, and sheets taken from the bed, and
he also missed 12 knives and forks, 12 plates, a table cover,
and several other articles. The total value of the articles
he bad last was upwards of El. The prosecutor made known
his loss at the BOW-square police-station, but he could bear
nothing of Lis property, and his wife had also disappeared
with it. From inquiries the prosecutor made he went to
Hull in search of his wife and property, but he was =sac-
osedul in obtaining any clue to them, and he returned to
London. He subsequently went a second time to Hull, and
having obtained some information ea to the prisosen
whereabouts he procured from the magistrates of Hull •
search warrant, With this search warrant, and accom-
panied by James Hare, No. 131 of the Hull police, he went
to Gerdeuetreet, where he found that the primmer had
opened a shop in the eoefeetioeery business, and his (prose-
cutor's) wife was also there mated behind the counter. On
searching the house a number of articles were found which
bad been taken from his bane is Loudon, and amongst
them the pillows and bedclothes produced. The prisoner
was apprehended sod conveyed to London.
The a 4 immediately Maimed • verdict of Guilty.
The t-Judg•e laid that this was one of the most
atrocious Mee that bad ever come before him, for the
prisoner bad taken advantage of the absence of the
husband at market to earn • livelihood for his children to
induce the man's wife to elope with him to Hull, and was
heartless enough to strip the children of the covering on
them while they were in bed. It seemed that almost up to
the present time he had been living with the prosecutor's
wife, and hecould hardly conceive anything more atrocious
than his eosiluat had been. Were the court to lose the
opportunity of punishing him with the utmost severity it
would not be discharging its duty. He was living with this
woman, and her tour poor children were left ou the world.
It wee • most heartless and cruel ease, and the court would
visit him with a severs ponishment, which was, that he be
kept in penal servitude for four years
(Before Mr. Payee.)
John Sullivan, 18, labourer, and William Green, 12, were
indicted for stealing 181 h ol bacon, value 10e., the property
of Arthur Bich.

-_Greenp leeded guilty; Sullivan pleaded not guilty.
The jury found Sullivan Guilty.
Mr. Payne, in passing sentence, said that there was no
doubt that Sullivan had incited the younger one to steal,
and that it was by his influence he had pleaded guilty. The
sentence of the court was that he should be imprisoned and
kept to hard labour for nine months, and he should remand
Green for further inquiries.

The female who accompanied Mr. Allen stated that she
had a daughter about 19 years of age, who had been en-
gaged in different capacities at theatres, but latterly as a
ballot girl. Her attention was called to the following ad-
vertisement which appeared is the Daily Telegraph of last
week :—" Corps de Ballet .—Wanted, a few diuwaysai—tall
only—lucrative terms. Address Mdlle. Pleas, rcet-office,
51 Fenchurch-street, City."
The applicant stated that she wrote to that address, gave
description of her daughter, arid asked for the terms of
Mdlle. Pleon, and also wherethe theatre was situated. In
return she had received a letter full of the most filthy and
indelicate words, stating that her daughter would be
required to meet young gentlemen of fashion connected with
the aristocracy who had plenty of money, but who were
rather weakmirided.

The letter was handed to the magistrate. A second letter
naked for an immediate answer, as there were several other
venous waiting for reply. This last letter concluded by
statieg that it the young woman would secede to the terms
proposed, she would be well paid, and in addition would be
handsomely rewarded by the gentlemen to whom she would
bsintroduced.

11r. Klen stated that it would be seen by the second
letter that if the young woman did not alit in this country,
she would be sent on the Continent.

Mr. Barker said that the letter was really disgraceful.
He had no doubt that great good would result from the
publication of this application, and that others would be
deterred from falling into the snare that was evidently in-
tended. The society no doubt would do all they could, and
ecutununinte with the police on the matter.