The Express.
London, England, 1863-12-24 00:00:00

The Lord Chief Justice said there was no conditional pro-
mise to marry upon a settlement being made ; his
opinion was that this action was brought upon the mere
promise to marry. He thought that there was no founda-
tion for the objection.
Mr. Serjeant Ballantine then addreeied the jury in miti-
gation of damages. He praised upon the jury the fact that
Were was no scrap of writing is the case, and no witnesses
bet members of the plaintiff's family, so that the jury had
only heard one side ; and by law the defendant in a case of
thin kind was incapacitated from giving evidence himself.
A defendant was therefore left helpless in the hands of his
1100aliel, and behoved juries to watch evidence given for
plaintiffs who sued for such a cause of action, in order to
take carts that no undue weight should be given to it.
The Lord Chief Justice in summing up went through the
evidence, and in reference to what bad been said about the
defendant now marrying the plaintiff, said that be regarded
that offer as being in the nature of a thing done for dramatic
effect ; for it was an offer which could hardly be accepted.
It, however, confirmed the evidence that the defendant bad
made a promise to marry, and the jury would have to say
what damages the plaintiff was entitled to, for an unex-
plained, absolute, capricious refusal to perform his engage-
went.

Tie jury, after a few minutes' consideration, found for the
plaintiff, damages 750 i.
This was the last ow tried, and at its conclusion the
court nee for the boUdays.

ASSIZE INTELLIGENCE.

HOME ClRClTlT.—Entogrow' Dr.c. 23.
The comenaks for the county of Surrey was opened
yesterday =cuing at ten o'clock by Yr. Baron Pigott- The
calendar coatains the names of 18 primers, one of whom
L charged with wilful murder. Some of the other charges
are also of a serious character.

At the cosclusion of the business at Lewes, the prisoners
BUM Thomas and Stephen Willett, who had been convicted
of a misdemeanour at common law for concealing a quantity

of gold's: articles that had bean ploughed up in".• did near
Hastings, and which they purehased for a few and
afterward. disposed of to a refiner in Lawless for S:WI ~ were
brought up for judgment, and sentenced each to pay a fine
of 2651., that being the total amount they had received, and
the learned judge further ordered that they should be impri-
soned ontill the fine was paid. The priaosers said they
were unable to pay the money, and they were consequently
taken into custody.
The business for the county of Surrey was disposed of M
the Town•hall, in conseqcane of there being a came of
scarlet fever in the building ttauslly appropriated for the
me of the judge at the satiate, and, for the same reason it
was also amassed that the teamed judge should take up his
abode at theater and Garter, at Richmond. After the com-
mission had tees opened Mr. Baron Pigott proceeded to
church. and he returned to the Town-hall at eleven o'clock,
when the names of the 'read jury were called over, but
very few of them were t, and it was with considerable
difficulty that a jitry thirteen could be formed-
. . . . _

Emi Terry, B, waa charged with felonionaly setting fire
to a Meek of straw, the property of Thomas Gledwin.
Mr. Robinson prosecuted.
This case was rather a peculiar one. The prosecutor is a
farmer at Worplendon, near Guildford, and it appeared
that on the night of the 21ith of November the prisoner
was seen in his stack yard, sad very shortly afterwards a
stack of straw, worth about 4W., was on fire and totally
consumed. The prisoner was taken into custody. but the
principal evidence against her was a statement she made to
the police couetable, which was to the following effect :—"I
did it—l did est the stack on fire. I did not do it through
any spite to Mr. Gledwin, he has always been a good oath-
boor to us, bat I did it became I wanted to be sent away
from home." The prosecutor said be believed that at the
time the act was committed the prisoner was not in her
right senses, end did not know what she was doing.
Mr. T. 4. Bells, a surgeon, reading at Guildford, who was
called as a witness, said that he saw the prisoner after she
was in custody, and had a conversation with her about the
fire, during which she said that she did not wish to hart
Mr. Gledwin, and she bad set fire only to a stack of straw
sad sot to a wheat stack. He reminded her that the straw
stack might have ignited the others, and she replied, " No,
that coaled not be, for the wind was the wrong way." (
laugh.) Mr. Sells went on to say that, under his certificate
as to her being insane, the prisoner was admitted to Bedlam
in 1861, and came out " on probation" about twelve swaths
afterwards, and she then made an attempt to strangle her
own. daughter, but the girl being strong, succeeded in
Bedlam,
away from her. He had her then lent back to
and she came out last summer. During different
conversations he had with the prisoner abe said that she
should have drowned herself long before, but that she knew
she could not die.

Bane Pigott asked the witness whether he considered
tint at the time the prisoner committed the act she was
able to distinguish the difference between right and wrong,
or whether she was aware that she was committing a wrong
sot ?

Mr. Sells said he could not take upon himself to state
that the prisons did not know perfectly well that she was
doing what was wrong when she set fire to the stack. He
believed, however, that she was under a delusion at the
time. Her object seemed to be that she might be punished.
The prisoner, when called upon for her defeat*, began to
my, and said she hoped they would not hurt her.
Baron Pigott, in summing up the evidence, mid that the
case was undoubtedly one of a very remarkable diameter.
The l►w only regarded a person es irresponsible for his
actions when it was made out that at the time the alleged
offence wes committed, he was in such a condition of mind
as not to be able to distinguish between right and wrong,
or to be aware of the consequences that were li►ely to re.
snit from his act. In the present ease, the prisoner would
appear by some portions of the evkleace to have kr,own per-
fectly well what she waa about, but they most at the same
time take into consideration the evidence that had bees
gives by the surgeon, and form their own conclusions upoe
the whole ease.

jury,Tfs after a short deliberation, returned a verdict of
Not Gaiety, on the ground of inuoity, and the prisoner was
entered to be detained in custody daring her Majesty's
*mum

Henry Matthews, who surrendered, sad Eli:a Simms,M
34, were charged with the nauslanghter of Elizabeth Mat-
thews._

Ili.Thotegeon prosecuted.
The deceased was a child two years old, the daughter of
the male prisoner, who is a labouring man residing in the
neighbourhood of Guildford. His wife was in a lunatic
asylum, and it appeared that be bad engaged the female
prisoner as his housekeeper, and she had the charge of the
child in question during the whole day while he was en-
gaged at his work. The child died at the end of September,
and at that period, according to the evidence of Mr. Raw. •
surgeon at Guildford. the body was in a most dread-
ful state of emaciation, the intestines being filled with
• end not containing the slightest particle of
food. The case on the part of the prosecution
was that this condition was produced by the gross and cri•
mufti neglect of one or tout of the prisoners. As regarded
the male prisoner, however, there was very little, if iodised
any, evidence whatever to support such a suggestion ; for
it rem proved that he was wined at his work the whole
of the day, and that every week be gave the other prisoner
15e., and sometimes more. to provide necessaries for the
support of the family. With regard to the other prisoner,
same of the wishbones dated that she was in the habit of
Unties and otherwise ill-wing ths child, and that upon we
cocasiou they had seen her take it down to the river sod dip
it in. One or two witnesses aim said that they had
told the prisoner that she did not feed the child properly,
and that she ought to provide better food for it, but that
she only abused them for so doing. It appeared, however,
in the course of the case, that for some time before the pri-
soner had had the charge of the child it WAS in a very sick
and weakly state, and that at first it appeared to improve
under her care.
The Lamed Judge having summed up, the jury returned
a verdict of Not Guilty in favour of both prisoners.
The woman less then tried upon another indictment,
which charged her with a common utak upon the same
child, and of this °Hume oho was found Guilty, and eau-
teemed to be imprisoned and kora to hard labour for throe
months.

CHILLIIB/011D, Die. 23.
(Beton Mr. Bar= Mania )

The conintissiou for the county of Fees' wee opened
this morales at the Court-house before Mr. Baron Illartio,
Ceirieel Palmer, high sheriff of the county, he.,
In daisies the greed jury the learned judge said be rimy
much regretted to state that is • calendar which oestaieed
bet the games of sixteee pewnwre there should be no WO
than cheesed with crime of erne, and epee She

ain't% on which be had hem engaged for the last three
weeks these bad been tan cease of this kind, and it was
to be regretted that whereas in the county be bad been
engaged in the criminals in those cases ware all very
young, it appeared that m this county the primmer' were
all people of mature age. The evidence seemed to be the
same as usual of persons who had
those upon whom they inflicted the wrong. For himself
he could only my that Mould this kind of
thing be persevered in, and should he come
as judge into this county again, he should
most certainly inflict the most estreme penalty of the law.
As it was be had imposed severe sentences, but if he had
known bow common this crime was he should certainly
have been still more severe. He was one of those who be-
lieved that a severe sentence had the effect of checking
crime, and there could be no doubt that penal servitude was
a terrible punishment. lie had heard it stated, and likewise
read, that penal servitude was a slight punishment. Such
was not the case. It was as severe a punishment as could
possibly be inflicted upon a man. At Leicester he had an
opportunity of seeing a man who was under sentence of
penal servitude brought suddenly before the court from his
cell to give evidence, and a more wretched, miserable-look.
ing object be never wished to see. The man appeared to be
completely heart-broken, and d those people who talked
about penal servitude being a light punishment had but seen
him, he (the learned judge) thought they would alter their
opinion. There was but one °theism° which he should refer
to, and that was one of manslaughter. It appeared that in
this cue the defendant, it was alleged, neglected to give
certain orders, and in consequence of this segligesee the
mail train went off the line, and the engine driver was
killed. No doubt a person causing death by negligence was
guilty of manslaughter, and if the grand jury thoeida the
evidence was strong enough to bring Knappet to trial, they
would of course return a true bill. lu conclusion, the
learned judge asked the grand jury to let the clerk have the
bills as quickly as possible, so that they might
.get on with
the business end get away, as it was so near Christmas,
The business was at once proceeded with.
JoAn M'Cate, 33, watch spring maker, was indicted fur
sloniously and maliciously letting tire to a stack of cons,
he property of Thomas Pain, at Southwesld, Brentwood.
Mr. Pearce prosecuted ; the prisoner was undefended.
It appeared from the evidence that on the 26th August
some one set fire to a stack of corn belonging to the prose-
cutor about half-past two in the morning. Shortly after-
wards the prisoner was taken to the station on suspicion,
when a boa of matches was found upon him. Upon being
questioned he admitted his guilt, and said he bed set fire to
the corn with one of the matches. He said be bed eons
from Rochford, and added, " I got into the seam mesa at
Rochford, but the man would not prosecute." He said be
did it because he was hungry.
In summing up the learned judge said that if the prisoner
committed this crime without lawful excuse then he came
within the limits of the act, and in this case the offence
seemed to have been made out very clearly.
The jury at once found him Guilty.
His lordship reserved judgment.
Wm. Griyys, 26, labourer, was indicted for setting fire to
a stack of haulm, the property of Wm. Parra, at Shingled
Mountfitchet. on the 15th December.
Mr. Woollet prosecuted; Mr. Pearce defended.
It appeared that this fire took place early in the mom-
*, the prisoner being seen near the spot at the tine.
Matches were found upon him when he was apprehended,
and it was shown by several witnesses that he was not in
the habit of smoking.
The prisoner was Acquitted.
In the course of the forenoon the grand jury returned
"no bill" in the case of George Boappet, a railway
porter, for causing the death of Robert Parker through
negligence. geTilb . tf, 63, labourer, was indicted upon a charge of
stealing one ewe, value 40a., the property of ArthurShuttle-
worth, at Upmioster, on the 27th November.
Mr. Pearce prosecuted ; the prisoner was undefended.
In this case the prosecutor is a butcher, posesesiog some
twenty sheep, which were turned out into a field to grass.
In November me of them was missed, and on a search
being made ita skin was found in • ditch, Suspicion fell
upon the and ou his place being searched the ewe
on f salted dow.
In his defame the prisoner stated that be knew nothing
at all about the meat which was found at his house. A
party had been lodging with him who had since absconded.
The jury Acquitted the prisoner.
Henry Townes, ZI, innkeeper, and Thomas Ayer, 19,
labourer, were indicted for feloniously shooting at William
Muriel, with intent to kill and murder him, at Rivenhall,
on the 6th September.
Mr. Busbby and Mr. Philbrick prosecuted; and Mr.
Pearce defended.
A number of witnesses were called, from whose evidence
it Appeared that on the Sunday in question, about six
o'clock in the morning, the prosecutor,who is a pmekemer,
was out upon the grounds of his employer, together with
several under keepers, for the purpose of watching some
seam which were set ; they had not been there long before
the two prisoners earns up, each carrying a gun, and upon
going up to the snares the keepers rushed out, and a scrim-
mage ensued, in the course of which both the prisoners'
guns went off the shot from that of Townes piercing the
clothing of Mend and inflicting a very slight wound.
When at the station, Townes said he did gone out for the
purpose of shooting wood pigeons. He denied that be hid
pure rely shot at Muriel, but said that as he was running
away he bad seen a bare, when he was so startled that he
up with his gun and fired. With regard to Ager, he ad-
mitted that he fired the gun, but with no felonious intent.
The jury found the prisoner Guilty, and the teamed
judge sentenced them to five years' peed servitude.
judge
ifellen,l9, labourer, was indicted for maliciously
wounding and causing grievous bodily harm to Charles
Miller, a police-coestable, with intent to maim and disable
his, at the parish of St. Botoiph, Cokhester, on the 18th
October.

felogiousll

Mr. Philbrick prosecuted, and Mr. Peirce defended.
The facia of this me are very short. It appeared that
on the night in question them was a mob collected in
Botolph-street, and the prosecutor went to disperse them,
when the prisoner struck him a tremeudone blow on the eye,
which booked his eye completely out. He afterwards
attempted to strike another officer with the same antra-
ment, which wu • long stick loaded with lead.
The jury found the prisoner Guilty, 'sad the learned
jodge sentenced him to three years penal servitude.
James Wood, 40, wu indicted for maliciously setting fire
to a stack of bay, the property of Abraham Jordan, of
Warwick.
Mr. Philbrick prosecuted ; the prisoner was undefended.
' The jury Acquitted the prisoner.
Alfred Onto, a little boy eleven years old, was indicted
for setting fire to a stack of oats, value 451.
The prosecutor in this as is a farmer named Whitehead,
of Da lil bury, in whose service the prisoner wee, and it
appears that some dispute arose between them with regard
to the bore not coming, and in revenge be set fire to the
Auk. This, at leant, was what the prosecutor alleged.
The jury Acquitted the prisoner.
J. JeCabe was brought up for judgment, and was sen-
tenced to three years' penal servitude.
George King pleaded guilty to a charge of setting fire to a
stack.
In passing judgment the learned judge said that bad the
whole of the sin prisoners been convicted he should certainly
have punished them much more severely. As it was, he
should pan upon him the same mitoses as he bed in former
masa. He then sentenced him to be kept in penal servitude
for three years.
glary. Clement Inetcher, 24, pleaded guilty to a cbargeof bur-
This can was a very bad nee. It appears that while in
tlie 0001111/laol3 of the burglar, the primmer was detected
by the servant, when he either designedly or in mistake
fired off a pistol at her.
He was sentenced to six years' penal servitude.
This eau concluded the business of the assizes.

NORTHERN ClRClllT.—Ernaponz., Dzc. 23.
CROwa Courr.—(Bed ore Mr. Justice Willis.)

A LA/WASH/RE NAGISTRATI 811fTLICED TO IItriESONNILTT.
Wrn Staudt:A Carr Standish, of Du:berry Hall, near
Prestos' (who had been out of bail). was indicted for unlaw-
=and maliciously woueding John Heeketh and Jame
on the highway DOW Onnskirk, on the 84h of Sep-
tembe;. A second count charged bin, with an assault mils-
iss grievous bodily berm, and a third with • 000111200
assault. Mr. Holksr, for the prisoner, offered no evidenos
on the first charge, and the prisoner pleaded guilty to the
other two charges, and after some discussion he was placed in
the dock for trial.

Mr. Attorney.Cenersl James, Q.C., for the defence, said
that in both came the injuries sustained by Baobab and
Burke were of a trilling character, and whatever might be
the judgment of the court, Mr. Standish was pre to
compensate them to the fullest extent. Mr. eh had
for several years past suffered from 0000aoggetion of the liver,
• complaint always aggravated by rasidsooe is warm cli-
mates, yet la spite of this he 'erred with his regimest in
India, and was prompt at the siege of Luclinow. Hers be
became so ill that the commander-in-chief, at the request of
his colonel, Sir William Russell, gave him permission
to return to England. While at Calcutta en route for home,
be had • sun stroke, which shattered his aervoua system
dreadfully. On hie return home be coutinued very ill, and
his liver complaint caused him such agony that he often
could not Bleep, end he ennead often teatimes to try and lull
his pain. It was after an unusually painful attack that
Mr. Standish committed the dreams to which he that
day pleaded guilty. lie (Mr. James) would therefore ex-
pires • hope that taking all the circumstames of theme
into consideration, the ends of justice would be answered by
kr. Standish giving security to such an amount and for
such • period as would protect the public from a repetitioa
of similar acts. Mr. Standish sod his friends ware also
willing that he should he placed under whatever medical
restraint and treatment should be thought advlnable.
The leaned judge. in passing mutinies, said—William
Standish Carr Standish, you hove pleaded frailty to an
indictment for an assault committed apes a person of
the name of ffeeketh, sad also for as eassalt against a pat-
ios of the name of Michael Burke. Your learned mama
has urged upon the court various memo why they should
pass • lenient meteor" upon you, and you may depend upon
it, aotwithstaeding the course which the court feels itself
eeumelled to take in this cam, that all which has bees
urged upon it has bees favourably received, mid that the
contents of the a/Mesita containing the substance of
what the Attorney-Oensral has just stated have been fully
and anxiously comidered. You are here to answer for
two assaults caoseg actual bodily harm, and there is also •
roost for common .assault against you in each isdietment.
There cm be no doubt that you did, on the Sib September
let, Isom! year hone, attired is the Worm el a dill'.