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

THE EXPRESS, MONDAY EVENING, AUGUST 8, 1864:

Tith Cants armors of 5 son. oath, with 30 added, for
all ape; certain &novenae. T.Y.C. (tine-quarters of •
mile.) (6 solo.)
Lord St. Vincent's Olive. by rblegob—BelwbbbC. 12. Yrs
MOLL let Alb (J. Grunanaw) 1
Mr. 0. Orphene yrs (301.), MUM, (Perry) 3
H. Grimethw weighed for Tomfoolery, whom number was
hoisted, and considerable betting took place at 5 to 4 on
Olive, but when Mr. Payne's mare could not be found odds
of 3 and 4 to 1 were lard on Olive, who made all the run-
ning and won seedy by two lengths. Tomfoolery, who had
by mistake been sent into the town, was fetched back, but
did not arrive until the flag fell. The winner wee sold to
Mx. Weatherby foe 210 pines; and Orpheth wee claimed
by Lord St. Vincent.
A SCURRY HANDICAP of 10 sows. each, 5 ft ; gentlemen
riden ; professionals, 7th extra, T.Y.C. (three-quarters of
a mile.) (5 subs.)
Lord Weetmortand's Deception, by Orlando—Trickslreas,
4 yrs, list (Mr. Xdwards) I
Lord Bateman' Dipsy Girl, 4 yr*, list 21b (Mr. W. Bela) 2
Mr. Cherry's Disappointment, 5 yrs, list (Owner)
Betting : 6 to 5 apt Gipsy Girl, 6 to 4 apt Demotion,
sad sto 1 apt Disappointment. Deception made ell the
running and woo evil yby two lengths. Three lengths be-
tween second and thu& . . . .

The Juvenile Stakes of 5 son, each, with 50 added, for
2-yr-olds, did not U.
Au offer has been made to purchase Anti-Macesear for
1,000 guineas•

cRicKET.

Norm V. YORK.MIRL —This match was con-
cluded at Bradford on Saturday last, when Nottingham won
with seven wickets to go down.
Mining-ixx v. BucKINOKAIIIISMIRE.—This match
was concluded at Isliagtoa on Saturday, when Middlesex
resumed the batting and finished the innings for the large
score of 463. This left Backinghamabire 245 to go in
against, bat 107 was all they *Maimed, Middlesex coose-
quently won by 138 runs. The gentlemen who scored over
50 were presented with new bats, the players with the
"talent money."

THE MARQUIS OF TWIJ/DDALR'S Rzns PRIZY.-•
General the Marquis of Tweeddale's prize of 501. for breech-
loading military rifle@ has been awarded by the council of
the National Rifle Association to Mr. Henry, of Edinburgh.
Whilst thus awarding the prize for the best breech-loading
rifle to Mr. Henry, the council are of opinion that none of
the breech-loading rifle' submitted for trial can be recom-
mended as suitable for military arms ; with a view, there-
fore, to procuring a suitable and efficient arm, they now
offer a prize of 1001. for the beet military breech-loading
ride that can be produced. The competition will take place
in the month of May next, and the conditioos will be pub-
lished as soon as they have been definitively settled. In
reference to Lord Tweeddale's prize of 501. for the best
muzzle-loading military rifle, the council intend to have •
farther trial of the Manchester rifle and Ordnance' Com-
pany's rifle, and of Mr. Rugby's rifle, in accordance with the
rule of the competition by which such power was reserved
to theecounciL This trial will take place at Woolwich With,
month of November next—By order, E. Sr. JOHN MILMIAT.
THE Mtt AND DONKEY SHOW AT THE AGRI-
CULTURAL lIALL. —OR Saturday the entries for this novel
exhibition closed, and are much more numerous than was
anticipated would be the owe, and the interest taken in the
show by • large number of the tipper classes of society is
surprising. Amongst the collection will be found some fine
specimens of the Eastern as well as the Spanish and British
breeds, and some very beautiful Spanish and Mexican make.
There are several claws for prizes. One class for donkeys,
the prizes for which are gives by Miss Burdett Coutts, is
for the beet conditioned donkey used for riding purposes on
Hampstead and other heaths—viz.. 101.. divided into prizes
of 51., 3L, and 21. Another clans consists of oostermoogers
donkeys, for which prizes of similar amount, given by
ladies, will be distributed. Prizes are also given for the
best mules. The Eg) ptian donkey, to be exhibited by the
Prince of Wales, ie the one presented to him by his Highness
the Path* of Egypt, and on one of the days, we believe to-
morrow (Tuesday) the first day the show opens, it will be ex.
hibited with all its &orisons trappings, in the Eastern style,
studded with precious stones, which were presented with the
spiral to the Priem by the Naha of Egypt. The races in
the hippodrome will take place at intervals throughout each
day of the show.
SHOCKING ACCIDENT AND LOSS or THREE Lit DI
AT GRAVIISEND.—On Saturday morning, about half-past
2 o'clock, • shocking accident occurred at Gravesend. Two
men, Edmund Terry and Thomas Hinckley, were empty-
ing a cesspool in Passenger's-court, West-street. Klock's,
went down with the intention of getting out some of the
contents in buckets. He had been down hot afew minutes,
hosever, whim he was seen to fall off the ladder by his son.
who volunteered to go down the hole, but Terry, who had
had more experience, went down the ladder, and got bold
of Hinckley, and was in the act of lifting him up, when the
gas rendered him insessitle. The son of Hinckley then
west to the police station, where he saw Sergeant Coomber,
of the police force, who returned with him, got a ladder, and
was going down the bole ; when about six steps down the
' ladder be fell backwards. Every amistanee was then ren-
dered by the rest of the police, as also the niii6bouni. The
body of Terry was recovered first, after the lapse of about
half an hour. the foul air being so bed that it was impossible
to get the other two bodies cut. Mr. W. F. White, police
clerk, under the direction of Mr. Superinteodent
discharged a No. 3 one fire annihilator, which expelled the
foul air, and the other two bodies were then speedily
recovered. The three bodies were quite dead when brought
up, and they were at once removed to the dead house and
cleansed. Drs. Sanders and Whittembe were in attendance,
as also Mr. W. Fletcher. J.P., who rendered material aid
and anistauee. Au inquest was held at the town-hall at
soon before Mr. Hilder, when, after hearieg the evidence of
several witness, • verdict of "Accidentally suffocated"
was returned. _ _

RAILWAY.—The report of the direc-
ton states that the bill suborning the amalgamation of
the Hid-Kent Company with the South Eastern Company
has parsed both houses of parlisment, sad the arrangements
for carrying its pruning into effect will be completed as
early an practicable. The Addiscombe Extension was
opened for public traffic on the Lt of April last, and the
interest on the capital employed in its construction became
from that date payable by the South Eastern Company.
Toe revenue account shows a disposable balance of 2,61a1,
Os. 9d., which enables the same divideod to be paid as last
half-year, viz., at the rate of 61 per cent. per annum.
leaving 151.0.. 9d. to be carried forward.
EDGWARE, HIGHGATE, AND LONDON RAILWAY.
—The directors report statestbat the expenditure upon con-
struction amount sane the last ball-yeas has been
61,2451. Oa. 6d. The bill for the Alexandra-park branch
and the widening of We line, referred to in the lest report,
has passed both Hones of Parliament and received the
royal assent, the projected extension of the Tottenham and
Hampstead Company being thrown out. By this act the
company are authorised, in order to carry out the above-
mentioned works, to raise further capital to the amount of
96,0004, the Great Northern Company being empowered to
subscribe thereto; and the directors having given the
matter their atteetive unanleration, recommend that it be
raised by new shares, bearing a preferential dividend of five
per no% per annum. The Great Northern Company have
signified their medium to subscribe 32,0001. (being one.
third of the 96.0001.), and there will therefore remain a
balance of 64,0004, which it is proposed to Woe, in the
fast place. rateably amongst the existing ahateholders. The
an for the Watford and Edgware Railway has besnobtained
this session. This Lae will be of great value to the Edgware
Company, and three members of the board have joined the
direction of the new undertaking. The engineers' report
states that the contractors have bees put in possession of the
land required for the railway from its junction with the
Great Northern lire to Fine.bley ; and the notice plain are
now being served for the whole if the remaining laud to
Edgware. The principal works upon the tint part of the
line are two heavy cuttings, the two tunnels at Highgate,
and the viaduct over the river Brent. The outings are
being proceeded with rapidly ; the southern tunnel at
Highgate has been completed with the exception of the
faces; and the northern tunnel ban a heading Moe feet
square through it ; the excavation has been got out to the
full section at three points, and the brickwork commenced ;
the Brent viaduct, as well as the other works of the lime, are
going on satisfactorily.
VICTORIA STATION AND PINLIcO RAILWAY,—
The report of the directonstates that the station coestruction
ROOOOOl5 have at length been settled, and the balance due to
Mr. Belk lies been paid. Owing to the high price of money
during the past half-year, the directors have been unable to
reissue the baleen of the debentures at a lower rate than
4 per cent. per annum. The revenue account shows a net
balance of 7,9341. 12s. IL, out of which the directors re
commend a dividend at the rate of 5j per cent. per Known
in accordance with the Met report.
RAILWAY COMPANIES' POTHER—OD Saturday
the act to facilitate in certain eases the obtaining of further
powers by computing without a special act of pub... Lent
was printed. There are 36 clauses in the statute, and
several schedules coutainirg forms to be used. The operatics
of the set will save ooliaidersble expense and promote the
undertakings to which it applies. A company can apply to
the Board of Trade for a certificate for some object Loved
by the set, and the Booed of Trade are to bear all repre-
sentations and objection. On a railway or canal oomps.y
&fleeted giviog notice of opposition all proosedisp before
the Board of Trade will cease, and further proceedings to
bo had in parliament. The Heard of Trade ale to settle the
nature of the certificate, and a draft to be laid before
parliacier t. If either have resolve that the certificate
ought not to be made it is not to be proceeded with, other-
wise it to to be hued, and its operation is to be the mine as
a epeeist act, and to be judicially ecticed. Rules have been
framed to carry out this act. and a form of certificate given.
The pow en given to companies under the ant are considerable
ender the sanction of parliament, and most facilitate the
proceedings without waiting for special acts of pull:, meet.
THE BATTING PAMEHLET.—Mr. Bantiog's famous
pamphlet ban sow remelted a sale of 50,000 copies, end it is
said theta French pablisheir is about having It truslated tor
aircidatioa in Preau—Loarims Reties.

Roym. Fans lioernms, GsAl7;tinr-zoAD.—The
slasher of tatteete relieved at this hospital thiriog the week
iodise 6th August was 3,756, of whith 1,086 were sew
Meg.

WHY IS ALCM rsrn ISt BREAD T--Became of its
extreme cheapness. and Its Imparting an unnatural whiten= to
It. As you regard yonr ►ealt► mans your own bread It will
Interfere very 11W. with year domestic arrangement* if yea use
Berwick's gating Powder. as it need not Mend to rise after =s-
ing sad Its purity is guaranteed. Sold everywhere in packets
from a peaky upwards.-{AlierUsemsatj

ASSIZE INTELLIGENCE.

HONE CIRCETIT.—GuILDPOILD, Acorn 6.
(Ware Berm Marlin mid a Special Jury.)

This wan an action of rather an extraordinary character.
The plaintiff was a young lady named Janina Rowland,
and the defendant was a gentleman named William Henry
Poynder, and the damages were laid at 10.0001.
The declaration alleged that the plaintiff bad undertaken
to forego certain legal claims she had against the defendant,
and that the latter, in consideration thereof, had agreed to
give her 2,0001. and to make her an allowance of 61. per
week. lo addition to this the declaration contained a count
claiming damages from the defendant for a breach of pre-
miere of marriage. The defendant by bin plass denied that he
bad ever made the contract or promise as alleged by the
plaintiff.
Serjeaot Ballantine, Berjeant Parry, Mr. Joyce, Mr.
Talloard Salter, and Mr. Butler Rigby, were for the plain.
tiff ; Mr. Hawkins, Q.C., and Mr. W. C. Wood were counsel
for the defendant.

.-- -----
When the ease was called on an endeavour was made by
the learned counsel on both sides to tome to some amicable
arrangement, but it was understood that the plaintiff in-
sisted epos having the cause tried.
Salami Parry (in the absence of &Otani BaDentine)
accordingly addressed the jury, and said that the duty de-
volved upon him of layiug_beAore them the facts of this most
painful case. The defeMant was a man of very ggrromatt
wealth ; he had landed estates in England, in Soot,
and in other parts of the kingdom, besides which, at the
death of his father, he came into possession of • very large
sum of money. The plaintiff, who was at the time a beau-
tiful girl of 16, became acquainted with him in the year
1856, and he would briefly narrate the circumstances under
which the present action arose. About the year in question
the plaintiff was residing with her family at Needham, in
Suffolk, but at the suggestion of a female bawd she resolved
to come to London, and a situation was obtained for her
at a café in the neighbourhood of the Haymarket. It
was while in this position that she first bum
acquainted with the defendant, who was • bachelor,
and about forty years of age. It appeared that
almost immediately the defendant saw the plaintiff be
began to make love to her, and at his request, after they
had been acquainted • short time, she consented to accom-
pany him to the Argyll-rooms. The jpry were poseibly
aware of the nature of this place of amusement, and as the
plaintiff wee fond of dancing, and the defendant did not
, understand that accomplishment, it appeared that he took
• gentleman with Lim to dance with the plaintiff. During
the dance this gentleman appeared to have done all be
could to induce the plaintiff to look favourably on the
defendant. lie represented that he was • man of great
wealth ; that he was very generous ; and that he was very
much in love with her. All this seemed to have
its effect, for on the same night the de-
fendant succeeded in seducing the plaintiff, and from
that time until a few months ago they had cohabited
together, and he was not in • pantiles to deny that the de-
fendant in • pecuniary sense had acted very generously to
I the plaintiff. The jury had heard that one count of the de-
claration alleged that there had been a breach of promise of
marriage, but as this count would depend entirely upon the
evidence of the plaintiff, and she could not legally be
eternised, be proposed to abandon that count, and to rely
upon the other portion of the declaration, which was &chum
for damages, on account of the defendant having failed to
fulfil a contract that he had entered into with the plaintiff.
The claim arose in this way. The plaintiff in 1862 was in pore
session of • number of letters, sonic of which contaioed a
promise to marry her, and the defendant, upon the con-
dition of her giving up these letters, promised to give her
2,0004 to buy a house with, and to make her an allowance
of 6f. or 71. a week. For several months this allowance
was kept up, but at length it ceased, and the defendant
seemed to have broken off all connection with the plaintiff,
and she wm consequently compelled to bring the present
action to adorns what she considered to be her rights. He
thought it right to tell the jury that he was in possession of
other letters that had been written by the defendant to the
plaintiff, but they were of such • character that he dared
not read them, and they were not fit to be read in • public
court. He proposed to read some portions of them merely to
show the affectionate intimacy that had existed between the
plaintiff and the defendant and his learned friend might
read the rest if •he pleased, es his evidence, but be hoped
he wield not think it necessary to do so. In conclusion
he said be could not understand how the defendant, fur the
sake of himself and his family, could have defended such an
action—be was sure that he would not dare to put him-
self into the witness-box, and if be did not it appeared to him
that the cause was really an undefended one.
Jemima Rowland, the plaintiff, a tall, elegantly dressed
young woman, of rather prepossessing appearance, was then
called, but before she was sworn, Yr. Hawkins objected
that her evidence was not admissible, and that in an action
for breach of promise of marriage a plaintiff could not be
legally examined.
Serjeant Parry said be proposed to abandon that count
&ad rely upon the contract he had referred to.
The learned Judge, after some discussion, directed that •
nolle prosequi should be entered upon the count for the
breach of promise, and said that this being done he should
allow the plaintiff to be examined.
The plaintiff was then sworn and examined. She said that
before she came to London the resided with her mother at
Needham, in Suffolk ; but in the year 1836, at the suggestion
of • friend of the family named Prince, else came to London.
At this time she was sixteen years old. A situation was ob-
tained for her as barmaid at a café in Windmill-street,
Haymarket, and after she bad been there about three weeks
she made the acquaintance of the defendant, Mr. Poyoder.
He used to come and have refreshments, and he told her
that ha was very fond of her. Upon one occasion he
inquired if she had ever been to the A 11-rooms, and she
told him she had not, and be proposed to take her there,
she consented. The defendant could not dance, and he
brought • young man with him to dance with her. While
they were dancing this young man did nothing but talk
about Mr. Pounder. (A laugh.)
Mr. Hawkins—We cannot go into that. We have nothing
to do with what this young man mid. (A laugh.)
Examination continued—The young man spoke in a very
complimentary manner of the defendant, and said that be
was very rich, and that she could see • copy of ha father's
will in the 111astrakd Heim (A laugh.) After they bad
been to the Argyll-rooms they went and had some supper,
and the defendant asked her how old she was, sad afterwards
wished her to go to his chambers, as he said he bad some-
thing of importance to communicate to her. He then took
her to some house near the Haymarket. where an improper
intimacy took place between them. She resisted at first,
and duriog the time she was in the house she fainted.
I After this the defendant took a lodging for her
in Great Portland-street, aid be used to visit her
at this lodging, and they passed as man and wife,
trader the name of Prince. She removed from the
lodging in Great Portland-street to another in Albany-
street, and the intimacy between her and the defendant
continued for seven years, sad during all that period she
kept • very good establishment, and the defendant supplied
her with all the money she required. The witness then
identified a number of letters that were produced as being
the handwriting of the defendant, and she said that when
be was in the country shooting she used to write to him
every day, and he wrote to her very frequently. While she
was on iatimate terms with the defendant she bad an offer
of marriage from a gentleman of position and considerable
wealth, the mayor of • large town in the north. All the
letters that she received from the defendant previous to
the year 1862 she returned to him, and he destroyed them.
lu one of them the defendant told her that in the following
year he would take her to Scotland as his wife. She esteem-
tiered upon one occasion that the defendant said something
to her about his family having spoken to him on the sub-
ject of marriage, sad she asked him why he did not tell
them that he was engaged to her, to which be replied that
he could not do en, u he should have had to tell them
who and what she was. He then said that if she
would give up hie letters he would make a settle-
ment upon her and she should never want.
He at the same time said that he would
give her a house and furniture, and in the course of the
eccversatioo he said that he would give her 2,0U01. to buy
the house herself, as his name must mot appear in it. The
defendant said at the same time that he would make her an
allowance of 61. or 71. • week, and it was upon these condi-
tion that she gave him the letters. She often spoke to him
afterwards upon the subject of the settlement, and he oiled
to tell her not to bother him any more shout that, but to
take his word, aid he also used to ask her if she wanted to
get rid of him? In 1861 the defendant furnished • large
home for her in Westbourne-tenece. It was expensively
furnished. There was an establishment of servants, and
they lived up to 1,2601. or 1,5001. • year. About the +nee
time he gave her • parcel, which he mid contained railway
shares worth 8.0001. or 10.0004, and which would produce her
5001. • year. She told him she did not understand them,
and would rather not have them, and gave them back to
km, aid he said he would arrange it in some other way. The
defendant once introduced • captain in the army to
her, and during his absence this gentleman made advances
to her which she repulsed. She told Mr. Poyoder what
had taken place, and he said be was not at all surprised
at it (A laugh.) She informed the defendant that she
bad had a proposal of marriage from a gentleman in the
north.

Two or three letters were then put io, and porticos of
them were read, with a view to show that the parties sere
on terms of affection towards each other. One was as
follows :—" Dear Jess,—Ash Wednesday. All the theatre,
are Closed. I will, if possible, come to you at 9 o'clock." In
another letter the defeedaut said that he had been to a ball
and had seen three beiresses--ene worth 30,0001., another
worth 50,0UU:., and the third had b 0,0001.; but the last wee
an awful specimen, and would be dear at asy price. (A
laugh.)
lir. Hawkins here observed that it appeared to him that
these letters had nothing to do with the case, and if any
more were read he should insist upon having the whole of
their contents brooght before the court.
'Se east Parry said that if his learned friend did this, it
would certainly be se well that all female, should retire.
The only object he had in view in bringing some portions of
the letters before the jury was to show that the putice
were on terms of intimacy and affection.
The jury interposed, and said there could be no doubt of
that fact at the time the letters were written, and there-
fore it was unnecessary to reed soy more of them.
The plaintiff then in further examination said that the
defendant west to Scotland about nine months ago, and did
not return to her. For some time be allowed her 61. •
weak ; but within the last few months that allowance had
bees stopped.

Cromexarnined by Mr. Hawkins—Witham bad no mare
Inters than these that had been produced. She was living
with her mother at Needham. Her mother was • buildises
widow. At the time she left the was sixteen yews old.
The reason she went to London was, that she did not like
to be a burden to her friend'. A penmen named Priam
advised her to go to London, and she got her the situation at
the cafe. She had only beers there a fortnight when she
first maw the defendant. The house opened at six, and
did not close till two or three the next morning, but
witness went to bed at one o'clock. The place was fre-
quented by ladies and gentlemen, but she did not know
at that time whether they were married or not.
She knew now what sort of people they were. She did
not at the time know that the cafe was • place where pros-
Writes were in the habit of resorting with gentlemen. Her
friends, Mr. and Mn. Prince, used to oome and visit her at
the Gaff. She was behind the bar all the time between 6
and 1 o'clock. The defendant did not come there and
" chaff " her. She did not know what "chaffing " meant.
(A laugh.)
Mr. Hawkins—Do you mean seriously to tell us, Mrs.
Rowland, that you do not know what is meant by chaffing?
Witness—Well, I 'appose I do. (A laugh.)
Mr. Hawkins-1 thought you did. (Renewed laughter.)
Cross-examiration continued—A good many gentlemen
paid her attention while she was at the café. The chaffing
did not generally begin at 6 o'clock. (A laugh.) After they
had been to the Argyll-rooms they hadsupper at Sale's,
then the defendant took her to a house and they were
introduced into a bedroom. The defendant told her that
he wished her to go to his chambers es he had something
important to say to her, and she was, of course, Vary much
surprised when she was introduced into a bedroom. They
remained there for an hour, and when they went away the
defendant gave her five or six sovareigns. She was quite
sure it waa not Z. that he gave her. The next day he sent
her 501. She did not know why he sent it her, but she sup-
, posed it was • present. He was constantly making her pre-
Dents, and was very liberal to her. Sometimes he complained
of her extravagance; and at others be only laughed at it.
When she asked him foe money be used to write to her and
complain of her extravagance, and the next day, when he
came to see her, he would give her doable the amount she
had Naked for. (A laugh.)
Mr. Hawkins—That must have put yin in• good humour,
I suppose. (Laughter.)
In answer to further questions that were put to her, the
plaintiff said that the defendant did not live with her con-
stantly at any of the lodgings, but merely visited her once
or twice a week. The people of the house thought he tra-
velled a great clod. (Laughter.)
Mr. Hawkins—l suppose you put him out Na • gentleman
food of travelling, but who would come home once a week.
(Laughter.)
Cross-examination continued—Witness was introduced to
the " mayor of the large town in the north" at the Exhi-
bition. He introduced himself to her, and was kind enough
to offer her an ice. (Laughter.) When he first spoke to
her he said that she was very much like his late wife. She
told him where she lived, and he gave her his address and
called upon her.
Mr. Hawkins—Where did he live!
Witness —I shan't tell you. (Roar of laughter.) She
went on to say that when he called the mayor did not dine
or sup with her, and he did not atop wore than ten
minutes.

Mr. Hawkins—Well, I won't ask you any more about the
mayor. (Renewed laughter.)
In further crow-examination the plaintiff said that the
offer of marriage from this gentleman was made to her in
June, 1862. A good many other people bad also made love
to her down to that time, but they did not visit her exempt
upon business. (A laugh.) She told the defendant that
gentlemen were making up to her. At the time they were
living in Baker-street she and the defendant passed as Mr.
and Mrs. Onslow, and the defendant was still ss fond of
travelling as ever. Her sister lived with her as lady's maid
and companion.
Another letter was then put in from the defendant in
answer to one that it appeared the plaintiff had written to
him announcing that • e had received an offer of marriage.
In thin letter the defendant said that it would be out-
rageous to make settlements and give presents to a woman
whom another man proposed to make his wits, and that
he must have a kiss that night as there was so soon to be
• dissolution of parteership. (A laugh.)
This was the plaintiff's sass.
Mr. Hawkins submitted that there was no osse to go to
the jury.
Baron Martin asked Serjeant Parry what he relied upon
to support the plaintiff's claim.
Serjeant Parry submitted that there was evidence that
the defendant, in consideration of the letters being given op
and the plaintiff relinquishing the legal claims she had
upon him in reference to the promise at marriage, undertook
to make the settlement that bad been referred to.

Baton Martin intimated that ie him opinion under
the Statute of Frauds it was necessary that mach a contract
should have been in writing. He would, however, consult
with Mr. Justice Willes upon the point.
The learned judge accordingly left the court, std daring
his absence the learned counsel again conferred together, and
Mr. Hawkins shortly afterwards went out, and had a con-
ference with his client on the subject.
In a few minutes he returned, and it was unarmed that
a compromise had taken place.
Serjeant Ballantine then addressed his lordship, and said
that the defendant had agreed to pay the plaintiff 1,0004,
and to pay all costs, at the rme time all letter would be
given up, and the pantie would give each other a mutual
release.
Mr. Hawkins said he wished it to be understood that the
arrangement was that a juror should be withdrawn, and
that the defendant did not admit that he was under any
legal liability to the plaintiff. He felt, however, that, an a
gentleman, and having regard to the long intimacy that bad
existed between them, Ice ought to give her something
at the termination of their connexion ; and be had therefore
agreed to give her the rum mentioned by the learned ser-
jeant, both parties giving a mutual release, and the defend.
ant would pay all the costs.
Baron Martin observed that it wu a very proper termina-
tion to the ass, ands juror was then withdrawn.
(Before Mr. Jnatioe Willes.)

This was an action, described by tho learned judge as one
of a novel character, to recover damages far a serious acci-
dent to the plaintiff. The plaintiff's declaration contained
two counts ; one upon an alleged agreement to getarantee or
ndemnify the plaintiff if he should meet with injury during
his employment on a particular piece of work for the de-
fendant, and another oouut imputing to the defendant nes-
, biome.
The Hon. Mr. Denman, Q C.. and Mr. Morgan Howard
were counsel for the plaintiff ; Mr. &wisest Parry and Mr.
Garth were for the defendant.

The plaintiff had been employed by the defendant to dig
the foundation of a house, and as the soil was loose and
sandy plaintiff told defendant of this tact, end thereupon,
r alleged, the defendant urged him to proceed,
saying. "It's all stuff, l'll guarantee it will stand; you
go on." The plaintiff went on with his work aocordiogly,
and in the progress of it the sides of the urtheork felt in
and aeriously injured him. On the part of the defendant it
was denied that there was any such guarantee as had been
spoken of, and it was also alleged that the plaintiff did not
sufficiently slope the ground, and that he wu provided
with timber to shore up the sales, but did not make use
of it.

After a long inquiry the jury returned a verdict for the
plaintiff, with ad. damages.

NORFOLK ClRClllT.—lralcirn, ArouFrr 6.

The learned judges finished she huskies,' st Norwich yes-
terday ; for although the cease list was the coos
turned out of most inordinate length. The case of Jay v.
Lister' which was • question as to whether • quantity of
wool bed been delivered to sample, lasted the greater part of
twodays,and ended in a verdict for thedefendant. A dander
nee of • most uninteresting character was then tried, and
with it finished the assize business for the city of Norwich
and county of Norfolk.
. .

Both the judges came on to this town yesterday, and
arrived by the 2.20 trend from Norwich. Their lordships
were not expected at such an early hour, and arrangements
bad been made for opening the communion at bine at night.
Baroe Bramwell at that hour. accompanied by the High
Sheriff, Mayor, &c., went through the usual formalities,
sod adjourned the court to tee o'clock this morning, when
Baron Channell took his seat at Nisi Prior,

There az;seveaaiusas for trial, of Which three us special
juries.

CROWN Coon.—(Before Mr. Berea Bnumwell.)

Anthony Hurren was charged with forgiog at Aldeburgh,
o the 18th day of March, 1864, arr quest for the pigment of
money, with intent to defraud H. T. Dower and It. Ganett,
trustees of the Loyal Oman Pride, No. 4,185, of Odd
Fellows.

Mr. N. Palmer was for the prosecution ; Mr. Sims
Reeve for the prisoner.

The private; was a membered the above lodge, and bad
weed through all the degrees and dignities of the Kalov,
including the exalted one of "Noble Grand." Ity Rule 25
(the rules were certified by Mr. Tidd Pratt). every member
claiming sick allowance mast give notice thereof (accom-
panied by the surgeon's osrtifieate) to the secretary
in the following form :—" To the officers,
I hereby claim the lack allowance of the lodge,
being unable to follow my amid emplopment.—Signed, &e."
In March last the pneooer presented to the secretary a
form dale filled and signed, in the name of Jamas Nunn.
and duly certified by a surgeon, and by that mean' obtained
the sum of 11. 4s. It tweed out that Nunn was quite well
at that time, and had not made any claim, and the signature
tti not hie, forhhe man could not write.
_ _

The 'bow; instrument the learned judge ruled was not the
subject of forgery under the preseet indictment, and directed
the jury to acquit the prisoner. He then ordered an in-
dictment for obtaining money by false pretences to be pre-
ferred against the prisoner, and to be at once seat before
the graod jury.
The pond jury shortly after returned a true bill.

A man named Banister, about fifty years of age,
win custody in Bristol on envision of baring murdered hie
wife. The accused is a coach-liner. and raided is Perri.
ticmetrest, Bt. George's-road. On Friday morning his wife
was found dead on the door of the house, by body being cut
in several plum, as if with • razor or other sharp instru-
ment. Banister was apprehended, and he is reported to
have stated that the deceased fell over the stabs with an
earthenware vessel, which broke, and that she received the
womb from Utopia:am