The Express.
London, England, 1864-08-16 00:00:00

PAIR D. tI.IL
_t

Nabs 85.11110 M.
kbutdeas 30.24:67 N.W
Leith
An 30.3360 N.M.
Greencastle 3D.41 56 8.8. W.
Galway i 1-I
Valenta 33. Si 45 N.W.
wa 30.2389 K&L
Caps
varerrCloolar 30.370! S.& L
Halytead lOW 93. Z.
Posalwoba WBl 92, KS. L
hennas 50.3103 ZAK
Ind 30.3166 ALL
L'Orleat 50.15 de 24.1
C.a.:Wart 3669:96: N. K.
Mum& 90.32.64 K.
W•Molostli 3D.3359. KN.&
Periamestb 30.8259; I N.L
Darks 30.31 58,
Dover -MUM IL N. L
ramaellt 30.114190: N. N. K.
ew,bmo99ll. 501.4 eo. 6. M.
1111•105

--
I 1 W. 13. W. cb
2 B.W. I b
2 1 L. D
ii! N. b
1121 IL rat
I 7

j Z. i b
6 S.F. c .
. L/LL cb
▪ ICE lab
' 2 N.N.L b
• N. I b
S.F. 'co
+6 • N.L bf
6 N. N. b
•
N. W. b
7 F.S.Z. b
O L bo
▪ ' S. ' co '
6 N.Z. •br
• 131.12 bm ,
3 N.L • o
▪ N.N.L rob
S Z. m

F10L4311.
011
N. to W. and S.W., COAnna N. W. W s.ll. and B.L.
moderate to fresh, are h. in place* somas
soma rain In west. rain.
lastarty to 8.W., mode. B.L so 8 W. and N.W.,
rate to trash, In places moderate to strong,
some rain. some rain in pinoilL
N.E. to S. E. and 8. W.. SoomitUa As mat snore.

fresh
N.E.. to N.W. and O W.. Ladrintil. Vartabl., moderate le
moderate to fresh, fresh.
generally fine.
Narthern=gontlend. Wereernralreland, wales, and ad.
ineenorea. floathern=linellsb Channel and ea at lOsesy. SYMMS
mllaiSward Zogland end North Bee.

THE HARVENT IN THE BOUM—Again another
week of splendid harvest weather, sad again • *early uni-
venal chorus of apprehensiou as to the maireqoanois of the
loormetiosed and almost uninterrupted droegbt,Oe Tuesday
last. it is true, showers more or less %/pious appear to have
faller in all parts of the ootintfy ; bat is no quarter wets
they of more than a few hours duration, sod they coedit
have deg* little more than just revive sad freshen wept'.
tics. Since then not a drop of rain his fallen, and barred
work has gone on uninterruptedly. A very large breadth et
corn has been cut, and a ooneiderable acreage carried in the
beet pasible condition. The reports ea to the character eif
the harvest are somewhat varied, bat the general deduc-
tion to be gathered is that wheat, barley, sod oats will be
shout an average. Some of the barleys would. as well as
the oats, have been • better sato* but for the dry.
weather_ ; but, taking matters as they stand, these
crops have borne the drought better than might base
been expected. Peas and beans have suffered a rood deg
to places, aid the effects of blight arid dolphis are visible
both in the bulk sod character of them crops. Potatoes
run comparatively small in sire, but the quality is undeni-
able. Of the pastures, nothing more eon be said than that
they IWO everywhere parched and dried up. The tattle and
sheep suffer seriously, not oily from want of keep, but is
many places from want of water. Spring., ponds, real
watercourses have dried or are drying up, and in many is.
dames WIDOWS are at their wits' sad to know how te
ammo for their stock. Such a state of things, following
spec an unnensUy minty hay crop, tells with all the more
force, sod serious apprehensions are felt se to what mud
be the effect on our future supplies of beef and mutton. The
promisee of A. root crops are most unsatisfactory.
From the hop districts the report. are no longer so favour.
able ae of late. The motioned drought ltai begun nasal,.
t•keebly to tell upon the plant, especially on the this
sore. The leaves are turbine yellow. sad the burr, though
developed, is manifestly suffering. Some few pockets ham
been picked and seat to the Borough, hot this is does for •
special object and forms no criterion as to the forwarders
of the gees's' crop. The estimates of the growth vary,
but it seems to be ceded on all hands that it will sot prove
so large Se wee expected some week. ago. —Saw, Adver-
tiser.

A-NOTHLB. DEATH FROM CRINOLINZ. —An inquest
was held last Thursday evening, before the Brighten
wooer. on the body of Mrs. Louisa Thacker, a lady stoke
at 54. Gmod Parade, who died that rooming from the effects
of being severely bent. Reams Elisabeth Myers, serving
of Mrs. Thacker, deposed that oo Monday se'onight. about
' balf•psst 11 at night, Mr.. Thacker went to the drawing.
room to bid some Meads "Good eight." She the sal
down. and shortly afterwards one of the &Urge exclaimed,
" Oh, mamma, your drew is onSr'" Demised screamed out,
Which brought down Mr. Sanderson, the landlord, who
sodesvoured to extiognialt the flames by wrapping the
table-cloth coned deceased. It appeared that Mrs. Thacker
had to pass by the piano, on which stood a candle, and frost
which her clothes ignited. In themesatime Mr. Risk, saisisee
to Mr. Verrall, Err eyed, and ordered deceased to bed. He
remained with her for a considerable time duriag the night,
and went again the next moraine, when deoessed was muck
worse, and she continued gradually to list, sod ultimately
died on Thursday morning. It may be added that defamed
had been aufferina from a chronic cough and bioncleitie of
late, which in some measure hastened her death. The jury
returned a verdict of " Accidental dsath."—Sours
Advertiser.
COMPIXRATION FROM ♦ RAILWAY COMPANY.
We understand that Mr. Hodgson, who was so severely
in-
jured by the socklont which occurred os the Peebles line„
near Penicuik, at the hack mid of last year, has effected a
compromise with the North British Railway Company, who
undertake to pay him 1.0001. is lieu of damages and ex-
peeree.—Perihashire Advertiaer.
Tar Riots rx Bataan. —A telegram in the
Dublin pawr of yesterday gives the following latest iota-
Demos Is telefeaea to the riots in Belfast from the Northers
Whiy ;—•• Itelfast, Monday Morelog.—Yesterday 'vain
the • rraereew.te of the police seas similar in every respect
to those of Saturday mak* and although the straw ems
dowdy orowded by the isobs, little airbag took plans. la
St. Malscbi'a Chapel today the Right Rev. Dr. Doman,
coadjutor bishop, addressed the congregation on the subject
of the riots, advisiog the Roman catholic party to abstain
from participating in the disturbaimes, and admonishieg
them set to allow any amount./ provocation to induce them
to retaliate. There were only two streets made last night.
Then o'eloctle a.m.—At the semi hour flriag is goes' on
bekkle..

ASSIZE INTELLIGENCE.

WESTELN CIRCUIT.—BiastoL, A 1:t.1:5•T 13
(Before Mr. Jostle* Biles and a Spezia Jury.)
8111001/1 AND *TIMM e. ELM.

Mi. M. &kith. Q.C., and Mr. Milder (instructed by Kr.
H. /kitten) were counsel for the plaintiffs ; and Mr. Ham
lake, Q C.. :dr. Coleridge, Q.C. Mr. Stone, and Mr.
Mara lanstrected by Megan. Fess•ell and Pritchard) were
souse' for the defendant.
Kr. Smith awed the case. The plaintiffs were the execu-
ter end executrix of James Howell, deceased, and they
brought en action to recover a sum of mousy which wan de-
posited at the West of England sod South Wain Sank,
et which the defendant was the public officer. The sum ,
shunted wee 3,700/. and interest. Yr. Howell woes timber
merchant, aiming on business for acme time in Bristol in
pertnership with a gentleman named Leak. That partner-
ship was dissolved in August, ISM, and Mr. Howell died on
the 3rd of March, :862. They bad banked at the West of
Eagland Bank, and in August, 1841, Mr. Howell opened a
private accoust. The learned coined stated the amounts
which had been paid into and drawn from the bank, and
argued that the Wanu remaining in the bank to the credit
el Mr. Howell was 3,700 f., the sum claimed.
No witnesses were examised, but the par-book was put
in in support of the plaintiffs' ogee.
Itr. Kerslake, in addressing the jury for the defence, stated
that the amount really it question wAs 3,500 f., and the
emotion was whether it was payable to the executors of Mr.
Sowell. The firm of Howell and Leak were considerable
government contractors, and the nature of the business was
such tb..t large admires were made to the firm by the
lank. In Actual, 1861, the account at the book was over-
drawn to the extent of between 15,000/. and 20,000 f., bet it
had increased ro 39.000/. at the death of Mr. Howell. Of
.cane, if the 3.5001. had been paid in without soy agree-
insist whatever, it would belong to Mr. Howell at his death,
and would be nayable to his exeentort after his death ; but
it was paid in on the express terms that it was not to be
drawn out. but continue there as security against the Geer.
drawn account of Howell and Leek ; and as regarded that
account it would be shown that it increased down to Mr.
Howell's death, and that there was still an overdrawn se-
emit. Under thoeecircumetancee, the bank was bound to
retain the 3,-4.V. so long as that balance remained against
Howell And Leak in the bank books.
Mr. John Rates was called, and stated that the financial

pail of the business of Howell and Leek was transacted by
Mr. Nowell. He never represented to them that the parr
. nership eras dissolved, although be (Mr. Bates) hour he wee
anxious to withdraw, and alter the date of the destitution
Mr. Howell c fled on the account at the bank precisely the
same as before. [A letter from Mr. Howell to Mr. Bates
wee pu' in and read. It was dated the 21st of November,
1861. and contained the following sentence :—" Please bold
the above for 3,50(V.) as security for payment of the
amount now owing you by Messrs. Howell and
Leak, you allowing me 3 per cent. per annum
upoo the seine.") He told Mr. Howell he could
net consent to charge these bills to the account of Howell
and Leak awl place them to his own credit., except
spots the distinct understanding that the bank were to
bold that mcizey so placed at his private account as a set-off
against the balance due by the firm of Howell end Leak.
[An objection was raised to the reception of this evidence, on
the ground that the written documents explained the trans-
action. His lordship was of opinion that it was inadmissible,
but he would receive it at present.) The transfer WAS made
Imes that condition. The witness wan examined at some
to show the nature of the transactions between the
ban and Henn. Howell and Leak, and be confirmed the
matement of the. learned counsel.
Mr. Karelia' summed up his evidence, and contended that
it allowed that this sum of 3,500/. was paid into the back am
• set-off against, end to liquidate, if necessary, the ewe-
smugly overdrawn account of Messrs. Howell and Leak,
which had never been wiped out.
Mr. Smith replied upon the whole cue. He said there
wield be so dould that the plaintiff opened a private account
at the bank on the 19th of August, three days after the die-
'Motion of partoenhip, the desolation being announced is
the Gazetre in the mouth of October following. This
private account was opened with • sum of 5001. ; mad them
were subsequent payments of 1,5001. acid 2,0001., and the
balance doe at the time the action was brought wee 3,7001.
The defendant had admitted • portion of his liability, inas-
much as he had paid into court the sum of 3501. 10s. It
wan a well-known rule of law that banks could not &ppm-
vend* a sum placed to the credited &customer individually,
and set it against au overdrawn amount in which he wee
joined with some other persona. Referring to the letter of
Mr. Howell to Mr. Ratan relating to this private aomeat,
the learned counsel said the overdrawing of the writer was
to authorise him to hold it as security for the sum °snag
to the bank by the firm, and not for any future and doe-
ttudieg accouut.
The learned Judge, in summing up, called the attention
of the jury to the material facts of the case, and said the
tint qucatioa was for him to determine, for it was one of
law. The question was, what MU the construction of the
letter authorising the bank to retain the 3,5001. until the debt
of 24,8211., owing by Mesers.Howell and Leak, was paid. He
did not think that that meant • running balance at any time,
but, as it • tm-eased, the amount due at the time it was
writtea. If, however, he was wrong in his construction of
the letter, the learned counsel for the defendant should have
leave to move the court above. Thee there was, accord-
ing to the es ulence of Mr. Bates, • verbal agreement be-
tween him and Mr. Howell at a subsequent period, when
the former said he told the latter that he could not casuist
to place this sum of 3,5001. to his credit, except as a set-off
against the balance due to the bank by Howell and Leak.
The consti action of the agreement, if they were of opinion
that it was made, would have to be made by the jury. Is
less than four months from the dated the written letter Mr.
Howell was dead, and daring that period there was paid into
the bank, to the credit of Moan. Howell and Leak, • ma of
350001., which wee over and above the amount of the over-
drawn balance at the time the letter was written. His lord-
ship then s.id that having decided in favour of the plaintiff,
with lame to the defendant to move upon the written agree-
ment, be should sow the jury to say whether the coo-
.vereation between the parties took glace as Mr. Bates repre-
sented it, and was that intended to secure a dean( balance!
He (the learned judge) must say that the security wee of
very little use to the defendant, if it was so intended. Then
the second question he should leave to the jury was,
whether they were of opinion that there had been so appro.
priation of payments such as to exhaust the balance of
24,*4111., doe at the date of the letter!
The jury retired for about a quarter of an hour, and on
their retorr stated that they answered the fist canticles
in the affirmative. As regarded the second question, the
. leaned judge said the finding of the jury we. no atelier,
sad, on his suggeeitios, and with the anoint of the loused
eeneeel on both sides, it waa left to the court above. A
verdict for the plaintiffs for 3,500 f, sad interest, beyond
the amount paid iato court, was then entered, with leave
to its defendant to move the court above upou all point..
MRLSTOL, AUGUST 15.
(Before Mr. Justice Bytes and a Special Jury.)

312CILINS AND ANOTHLE, EXECUTORS, V. THE LRLSTOL AND
EXETER RAILWAY COMPANY.

Mr. Kerslake, Q C., Mr. hider's; sad Mr. Speke were
for the plaintiffs ; Mr. Montagu Smith, Q.C., Mi. Coleridge,
Q.C., and Mr. atone for the defendant%
The action wag brought to recover isompensation under
Iced Csuipbell's act, for the death of Mr. J oho Acre, jos..
• solicitor in Luse practice at Bristol, sod • member of the
aturlcipal council in that city, who died from tie effects of
wishes he had received by an accident on the defeodauta'
hoe near Weak's:Anwar-Marc
Yr. Kerslake, addressing the court, stated that the amt.
dant occurred in July, 1A6,1, sad the damages were laid at
10,0004 An anatigement had, however, been come to
between the partiesiby which it was agreed that the com-
pany should pay • sum of 40004 and theta. it would be
necessary, however, to state the owe, as the jury would have
to assume the damages amongst the inernlans of the family.
Mr. Ayr., the dammed gentleman, was the architect of his
own fortune. Having been • clerk in the efface of
Mr. Hartley, a solicitoi, that geotleruso, oeing to his
abilities, admitted him to articles without • premium, and
is 1846 he was admitted as an attorney and solicitor.
From that time he rose rapidly, he had a large prams's.
sad it was Audited on all heads that he was an exceed.
Maly clever [DKR, and his profemional income was coo-
eiderable. It would be oeueotesarV to go into the Par-
ticulars of the sashimi, which occurred through the train
Fanning oft the line, causing injuries which resulted in
death. Ihiniains wore now Ciaißbt4 on behalf of the widow
_and eight children of the deceased, and tin father of
the deceased was also within the statute and
bad a right to chain isompethatiom The learned
eouceel then explained that all the children, with
the exception of a married daughter, were minors. and he
described their ages, which ran down to six years. The
oldest son, who was 20, was articled to Lis father, hut as he
*mild sot be assigned without paying • large premium, he
was oldiged to cease hie professional education, and the
widow aid yours children were of course deprived of the
advantage of the gentleman's professional income.
Mr. Hill, a managing clerk of deceased, was examined,
and stated his net professional income at over MOM. •
year. Ile held several offices, and was mile 46 years old
when he died. HI. widow was about the earns age. The
father had an income of 651. charged on some houses, and at
big death his widow would he entitled to 1,0001.
Mr. Justice Bybee haven summed up. the jory retired,
aid, on coming scat. into court. stated that they had agreed
to apportion 1 Mad. to the widow. 20(11. to the eldest son,
and *JIM. therms the seven yosieger chitdiee.
DRAKE r. TYE TORQUAY icelL CONPART (MIMEO
This. which was • builder's action, was ordered to be
Tehrred. Mr. Kerslake end Mr. Kingdon fur plaintiff;
Yr. Montagu Smith and Mr. Buller for defendants.
This closed the smith

MIDLAND CIRCUIT.—Lrebs, Arcrst 13.
CE.tmN Comr.—(Before /Ir. Justice lif.tiog.)
moons° WITH MUT TO II ViDU.

WAWA W;viefd, w, joiw, was etarge3 with sboctiwg
1111 airy Birkieeitew, with latest to reorder her.

Kr. CampbeU Foster, Mr. Waddy. and Mr. Fergu ion
pen for the prateristioa ; sod Mr. Shepherd for the
prenewutriz acted as housekeeper I) the prisrmer, mho
stamed ow bus:sees es a wheelwright near nvoiniater up to
the 18th February lust. About that time the primmer got
Me didicultie. ; he had to go through the Bankruptcy
°eon at lammitec, and sa his property was sold, it beams
accessary f. 4 his housekeeper to Isere. It appeared that an
asiresent had sprung up betimes the wales, and ants

THE E

the protectitrig bad goes to live with her mother at Billiogaly
the prisoner wrote letters to her and extracted a half pro-
mise that she would accept him as'her tutor. husband. When
left,eba the prisoner was owing her 111. as wenn, and aho
found it necessary to go to Doncaster on the 28th of April
for the purpose of prow* the debt. She walked to Doo-
easter sod back agate. The prisoner sailed at her mother's
house next dry, the 29th, and asked after her Loath, when
she told bhn that she was rather footsore with walking so'
far. He replied that abe would have looked better at home
than at Doocaater. He asked for the letters he had sent to
the pmsecutrix, and after obtaining them he said there
was a house at Sernaborougb, and that he would take it if
she would many him. She said he might sake the house,
and get Elizabeth, a girl whom he had courted at one time,
to live with him ; but be replied, " I would rather have you
with half a dozen children than Elizabeth without any."
She said she would Lot have him, and the prisoner
exclaimed, " If you do not have me, you will not have any
oneelse "and also, " if I had been armed sa well Dow all
I was on the night when I came to see you, I don't kusw
whether I should leave you alive. If I had knowo you
were walking home last night, I would have been ready for
von." The mother of the prosecutrix was present is the
kitchen while this conversation was proceeding, but as she is
deaf she heard no part of it. She asked her daughter to
bring her something from the parlour, and oo the prose-
eutng going to the room, she was followed by the primmer,
who shut the door behind him. He asked her to give hint a
kiss, and on her refusal, he said, " Are you ready to die r
She said, " No "and he immediately proceeded to Wren
the door with two wooden pegs. She become much alarmed,
and seizing him round the arms, endeavoured
'to reach the door. While this struggle was
going on he put his hand into his pocket and
drew out a pistol, which he discharged over her
shoulder. The fire scorched the prosecutrix's hair, and the
bullet lodged in the wall of the room, whore it was after-
wards found. By a violent exertion prosecutrix reached
the door and made a noise, which attracted her mother's
attention. Finding the door fastened, the old lady went to
the parlour window and seeing her daughter and the poi-
loner struggling together, called to a neighbour, named
Sarah Shaw, to come to her assistance. The prisoner re-
leased himself from the grasp of the proonntrix, and ea-
devoured to discharge the secood barrel of the pistol, but
the cap +Dapped mod no explosion took place He then
beat the woman severely about the heed with the butt of
the pistol, although she begged far mercy, and said if be
saved her she would marry him. Taking advantage of a quiet
moment, when the prisoner was searching in his pocket,
she gained the door, and forcing it open rushed from the
house, closely followed by the prisoner with the pistol is
his hand. A man named Wilson observed the occurrence
I and seized the prisoner, thus allowing the prosecuting to
regain the house. The prisoner deliberately snapped the
I pistol at Wilson, but again it mimed fire. He broke away
from Wilma, and rushed into the house, where Wilson
found him in the act of raising a poker, with which to
strike the prosecutrin. Wilson struck his arm down, and
some additional assistance being obtained be was secured.
I A bullet was found in the undischarged barrel of the pistol ;
awl a bullet and a powder flask was found in the pri•
soon's possession when he was apprehended. In craw-
-1 examination by Mr. Shepherd the presecutriz admitted
I that she had seen the prisoner with a pistol before the 29th
of ApriL When her mother first beard the noise in the
parlour, she called through to know what the matter was,
and the prisoner replied, " I'm only giving her a fright;
she will be all right in a few minutes.
. .

Mr. Burman. be surgeon who attended the prosecute',
stated that he found her suffering from • severe contused
wound on the top of the bead. It was nearly two inches in
°mob. and about half of its extent went to the boos. The
wound might be produced by • severe blow with the butt of
a pistol.
Mr. Shepherd contended that the prisons was actuated
by sone of the deadly intentions imputed to him by the
prosecution. If the jury found him guilty of anything
it could only be of unlawfully wounding. It was
impossible to say that be was guilty of an intention to take
away the life of the being whom be most loved, or that be
contemplated seeding her to an early grave, and depriving
her of that life which wee most precious to him. That
would be altogether contrary not only to his own stateroent,
that be only wanted to frighten her, but also to the facts of
the case as brought out by the prosecution.
William Moron, who bad known the prisoner for about
20 veers, stated that be had always found him to be &gentle,
penotable, humane man.
The jury, after • short aonsoltation, found the prisoner
Gritty of shooting nod wounding with intent to do grievous
bodily harm.
lienteoce, ten years penal servitude.

NORTHERN CIRCUIT.-LIVERPOOL, A rGrb-rl5.

(Before Mr. Baron Pigott.)
GODFREY r. TYRES.
TL is cue commenced on Saturday, but did not elrse until
to-day. It was an action for libel, both the parties being
attorneys, of Liverpool.
Mr. Brett, Q.C., Mr. L Temple, and Mr. William.; were
counsel for the plaintiff; Mr. Attoeney.Ceneret Jame.,
Q.C., Mr. Melliab, Q.C., and Mr. C. Balton for the de-
fendant.