The Express.
London, England, 1848-03-22 00:00:00

01.01 r, COVIT.

THE RECENT DIBTUREANCES.—The Lord Chief Junk*
presided in this court, and after haring complimented the
magistracy of the county upon the number that had attended
of that body to perform the duties of grand jurors, he pro-
ceeded to express his regret et the heavy list of prisoners for
trial at these mien. After having made a few iv.
marks with reference to some of the sues his lordship
went on to say, that it was not hie habit on ordinary occa-
sions, in this or any other place, to dwell in any degree upon
political affairs, but there were in the present state of things
some appearances of such a remarkable character as might
excuse Aim doing so on the present °cession, particularly
taking into consideration the circumstance that he was
in the position of judge in a criminal start. Front what
they maw around them there appeared every probability
of riots and tumults breaking out in all sorts of
society, in consequence no doubt, in some degree,
from contagion, from proceedings of a most dan-
gerous character in a neighbouring state, and perhaps in a
still farther degree from an example which had been set in
this country, and which was likely to be followed. That
this feeling would lead to the desperate consequences that
bad taken place in another country he did not think there
wan any likelihood. The feeling of the public mind in
England would be a sufficient security against that ; but it
might have the effect of leading individuals to incur personal
danger, and expose the lives and property of °then to
dangers of the same kind, and to destroy that feeling of se-
curity which it was the object of the law to establiA. It
was highly important such proceedings should be met in the
onset with a firm and determined but at the tame
time calm and composed spirit, and he was happy to see
that there had recently been a most seasonable publication
of the doctrine laid down by his lamented friend, Sir Nico-
las Tindal, the eminent Chat( Juatiee of the Common Pleas,
in which the law was distinctly laid down end the duty
that devolved upon all classes on the breaking out of such
riots wan made clear. That eminent person laid it down
distinctly as being the law of the land that it was the duty
of all to take part with the civil power when the public
peace was invaded, and that not only had no man a right
to mist the constables, but that they were not
justified in withholding that aid from them which the pub-
c required. AU, therefore, who were present on
such °Taejon', and who neglected to give that necessary aid,
were themselves guilty of a crime, and might be indicted
and punished for neglect of an important duty, and which
was east upon all by the law. They might well appeal to
all dames of society, even to the very lowest, as to the ne-
enmity of such proceedings, from the danger and the con-
sequences that had arisen to those classes in other places,
from a neglect of their being adopted. When they were aware
that persons had beam told that labouren and asans had had
their minds inflamed-by comments upon the rights of labour
and the protection to which it was entitled, they might well
look to the ease of the men of their own clam who had been
invited to a foreign clime to earn their livelihood by their
own industry, and who were suddenly turned adrift and
converted into paupers by the dictates of a selfish mob.
These classes would also do well to remember that the
first financial act of the government whit& undertook
to protect them was to forfeit their little savings in the
banks where they had deposited them, and they would
see what expectations they were justified in forming
from such proceedings, and from the overturning of
all government and law. If they considered thew matters
they wield feel that it was their irate vest as well as their

duty to erect a bulwark which would prevent such a state of
things ever existing in this country. He did not state this
as a matter of political or of general observation, but be-
cause, I. his opinion, it applied to the stats of things before
them sad the extent of crime which they had now under
con,ideration, and the probable increase of it, which they wit.
nes.ed every day, for after a very recent session they still had a
very lon calendar, and to the very great probability that all
the moat dangerous elements of society would be called into
action for the purposes of mischief, if they did not pro-
seed is real earnest to prevent the spread of crime.
The instruments of all the mischief which happened in case,
of popular tumult were to be found in the gaols. The Brat
act ot insubordination was to open the doors of such recep-
tacles and set the prisoners free, and those who had been the
inmates of such places were 'heap the readiest instruments
tobe employed for plunder and hloodshed. It was surely,
then, their duty to consider the best mecum of diminishing
the number of three prisoners, not only for the protection of
the honest part of society, but to secure these men them.
selves from the danger which they incurred of being swept
away is their stump's at insubordination,
The grand jury then retired.

OXFORD CIRCUIT.-81111.1tWBBIJIIT, Mutest 21.
elms Paws Comm—Before alr..lLstioe Creaser.
On the learned judge taking his seat a special jury was
sworn to try the muse of
BATEaa 0. BILAYNI AND OTNERA.—DISPIITED WILL.—
NEW Titiat.—This cause was tried last Spring Assizes at
Shrewsbury. befere Mr. Serjesnt Gazelee and especial jury,
when it was brought in the form Cl an action of ejectment,
and a verdict was returned in favour of the defendants. A
new trial was moved for, and granted during Hilary Term,
on the ground that Sir Fitzroy Kelly, leading counsel for
the defendants at the first trial, had been improperly, as
plaintiff contended, allowed to begin, which gave
him the right of reply on the whole evidence,
and thus, as plaintiff alleged, prejudiced his cam.—
The declaration briefly set forth that this was an action of
ejectment, in which the plaintiff was Henry Francis Bather,
and the defendants were John Brayne and John Edwards.
Mr. Sesjeant Talfourd opened the case to the jury. The tes-
tator in this cauze, Mr. William Brayne, died in Shrews•
bury, shout the age of 80, on the 30th December, 1844. He
had been for the greater part of his life • tradesman in
Shrewebary, where he carried on the business of a tin and
hardware dealer. lie had risen from • lowly origin, but by
his own prudence and integrity managed to amass a very
large property. He had been left in the course of his career
sonic 6,0001. or 7,0001. by legacies, but almost the entire
bulk of his fortune, amounting to 30,0001., he had realised
by his own exertions as a tradesman of Shrewsbury. He had
been married, but had no children, and at the time of his
death he was a widower. He had some relations by his
wife, but they were not his nearest relations. A sister of
the testator had left three children, one named John Hay-
ward, and two nieces. One of these nieces was married to a
Mr. Brayae, a second cousin of the testator, the other niece
was married Mr. John Edwards, and those two men were
the defendants in the present cause. The testator was also
related, but very distantly, to the family of the plaintiff; his
mother's brother having been grandfather to the late Arch-
deacon Bather, and the late Mr. John Bather, formerly
recorder of Shrewsbury. During his life the testator, partly
from grateful recollections of the Bather family, one of
whom, at an early period of the testator's life, had advanced
him 3001. or 4001. to enable him to set use in business, and
partly, it might be, through some feelings not uncommon
to a man rising to wealth and station in his native town,
which would induce him to look with respect to, and
claim relationship with, a family of the standing
of the Bathers, had shown extreme kindness to many mem-
bers of that family, lending them money from time to time,
also making them presents, and in addition to that, allowing
the ewe sons of the late recorder of Shrewsbury an annual
income at Oxford and Cambridge after their father's death.
The testator had all his lifetime, down to within a very brief
period of his death, given the Bather family to understand
he would leave his property to them, and had in fact made a
will to that effect in September, 1944, the rough draft of
which he himself drew up, and had it properly "tufted by a
respectable solicitor in Shrewsbury. Shortly after this will
was executed, the testator, who had been gradually
getting infirm, became seized with his last and mortal
inno:si though he lipiwed Iceii.'her of that
-fear. it was Zuring this illness that testator's
niece, Mrs. Edwards, wife of one of the defendants,
attended him and nursed him night and day with most
exemplary care and kindness, though he was suffering
under a most offensive disease, which ended in mortifica-
tion and death. It was during this period that the testator,
perhaps touched with the kindness of his niece, and feeling
some compunctious vieitinga of oonsciesee for his past neglect
of his own nearest relatives, made another will, by which
be bequeathed the great bulk of his property to the de-
fendants in the present cause, at the same time leaving a
legacy of 5,0001. to the Bather family. This will, unlike
the one of September, the testator gave directions to have
drawn tip by a non.professional person, a man named
Harper, an accountants clerk. The vital point of the
genuineness of this last will rested chiefly on the evidence of
the said Harper, and a person named Edwards, who is in
partnership with the defendant Edwards, as stationers and
bookbinders, but in no way related to him or any other of

the parties.'
The further hearing of this cause was postponed till to-

NOILFOLIC ClRCUlT.—Nonwtcm, Manta 21.
SSIOSIB Mr. Justice Coltman.
LOQUACIOUS MOVSIBRILLI.SRB.-11. Cooper, 23, and
G. Andrews, 26, tramps, were indicted for having burglari-
ously broken into the house of Thomas Gadd, on the night
of the 31st of July, and stolen a coat, waistcoat, and pair
of shoes.—The prosecutor said, on the night his house was
broken into he was at Arrington; he returned between nine
and ten, and found his window broken, and thathis house had
been entered. He missed a coat at first, and then went and
gave information to two neighbours. They sallied off in
search of the thieves, and overtook the prisoners. He asked one
of them, who had on the stolen coat, where they were going.
Cooper pulled the coat off, and both prisoners returned dark
to prosecutor's house. On their way Cooper inquired if he
had lost anything else, adding, " because my mate has got
a pair of shoes and a waistcoat, which he took out of the
house.' The prosecutor then said to Andrews., " What
have yen got in your pocket?" He replied, " Nothing ;"
but ow befing he found the shoes and waistcoat. The arta.
titles were ill produced, and identtied by the prosecutor.
When the shoes were taken from Andrews pocket in prose-
cutor's house, he politely Doped that Mrs. Gadd was not left
barefooted by his taking them.
Both prisoners then carried on a rapid cross-examination,
when Cooper exclaimed, "How is it, my man, that you can
recollect everytbirg against me, but nothing that will tell in
my favour ?"—Mary Gadd called. Andrews: Stop, my lord,
just tell the counsel for the prosecution not to put words in
the witness's mouth. That will do, my lord.—His Lord-
ship : The 'onus,' hears you, and 41 attend to your
request —Mrs. Gadd was then examined : On the night of
the burgisry she went out from seven till nine. When she
returned she found the house bad been entered, and she
set out immediately to meet her husband. She met him.
They returned together, and, finding the coat gone, he left
to inform his neighbours.—Cooper; Now, Mrs. Gadd. tell us
when you mined the coat? Mrs. Gadd: As soon as I got in
the hoax.—Cooper: Had you a candle? Mrs. Gadd; No,
I saw it was gone by the light of the start—C, r: My
lord, tbe reflection of the stars would not be il). dent to
enable the woman to see her low—George :Matthews called.
Mr. Naylor : Open your mouth, Mr. Matthews, and we
shall hear you.—Andrews : No, we shan't, if he don't move
his tongue. (Laughter.)—Matthews, one of the men who
followed the prisoners, corroborated Garld's statement as to
overtaking the men, and finding the clothes on them—
Andrews My lord, it is folly to ask these witnesses ques-
tions ; they contradict thew. Ives every ,:omen. In fact,
they say just what comes first: as to ti:eir thinking this or
thinking that, it has nothing to do with it. Here we want
fact —Thos. Witstone, constable, said that Andrews ob-
served, when he was taken ion custody, " Tbat they
thought it was a gentleman's house, but when they got in
they found their mistake."—Cooper: Now, my lord, is that
likely ? Why it would be acknowledging the fact —His lord-
ship: He swears it.—Cooper. My lord, he would swear •
hole through a mile of bibles.—Constable: Andrews said
that C•voper got in by the window, and let him in by
the book door.—Andrew'; Oh, oh, and yet when Mrs.
Gadd came home she found the back door fastened. Am I
• conjuror, then, that I came through the keyhole ? Ab-
surd! And this man says that I acknowledged having
mistaken this trumpery two-room cottage for a gentleman's

house.
In defence, Cooper said he bought the coat.—Andrews :
My Lord, I am a cripple. having lost the use of my left side
in the East Indies when in the service of my country. I
was, when taken into custody, travelling to London, and
having met with Cooper we agreed to go together, he being
blind with one eye and scarcely able to see with the other.
My object in going to London was to call at the War-
office, to endeavour to get my pension raised, and we are
entirely innocent of this charge. If the colonel were present
of the regiment I served in, I could produce such a cha-
racter as I need not be ashamed should be produced before
the public.
His Lordship then summed up.—Verdict, Guilty.—The
Judge: The conduct you have displayed in that box fully
• characters. You are evidently marauders, gain-
' • dishonest practices, and I shall visit your
harked severity. You are severally sentenced
transportation.

• ; _ _o_
i - shows your characteri. You are evidently marauders, gain-
' ing a living by dishonest practices, and I shall visit your
crime with marked severity. You are severally sentenced
i to ten years' transportation.
1 ' .......—.....
MIDLAND CIRCUIT.—LEICEITER, Nauru DI
The commission for this county and the borough of Leices-
ter was opened on Saturday. The cause list contains five
eases—one a specialjury. On the criminal side there were
in the borough four cases, and in the county six, an adjourned
, sessions having been held last week. There is one case of
child-murder. The whole of the civil cases, except the
special jury, have been disposed of at the tune of despatehing
report. One care of breach beenise of marriage was
1
. settled. No cam of interest has ried in the Crown
Court.
!
, , —..—
I.
WESTERN CIRCUIT.—Exrren, Man= 20,
no Puma—Before Awake nate:amen.
REOINA P. LATIMER.—Tax BISHOP OP REITER AND
TEI EDITOR OP THE "WESTERN TIMES."—At the sitting
of the court, Mr. Crowder, QC., applied to the court to fix
• a day for the trial of this ease, which bad already stood
•
over during two amine—This the learned judge said was
inipoesible.—Mr. Cockburn, Q.C., suggested that perhaps
it might suit the convenience of the learned judge if he would
appoint to take it on returning from Cornwall, before pro-
ceeding to Taunton.—The learned judge said that, as the
business was heavy, there was every probability of being
detained until Waftday week.
! 1 Caowx Corse.—Before Mr. Baron Platt.
'
FORDING • MARRIAGE CERTIFICATE TO 'mom's
Samear's Wkoss.—Jane Jenkins was charged with having
en the 12th of August last, at Devonport, uttered a anti&
• • •
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