The Express.
London, England, 1862-11-26 00:00:00

Vie jury returned a verdict for the amomnt claimed.

COURT OF EXCHEQUER.
Sittinp at Nisi Prins at Westminster after Michaelmas
Term.—(Before Mr. Baron Martin and Special Juries.)
WOODWARD r.

This was an action brought by a labouring roan, employed
in the Victoria Docks in loading a barge, against Sir S. Mor-
ton Veto, Bart, M.P., for bodily injuries sustained by him
in consequence of the alleged negligence of the defendant's
servants.

Mr. Serjeant Parry and Mr. Joyce were counsel for the
plaintiff ; Mr. Bovill, and Mr. Watkin Williams ap-
peared for the defendant

-----
While the plaintiff wee engaged in loading the barge the
" shout " slipped and falling upon him injured his head and
ride and prevented him following his occupation for several
weeks. 13'e/sides the loam of wages he bad to pay six guineas
for medical attendance.

Ultimately the plaintiff was nonsuited, in consequence of
its appearing from the evidence that he was actually in the
employ of the stevedore, and not in that at Sir S. IL Peto,
the defendant.

COURT OF PROBATE AND DIVORCE.
(Before the Judge Ordinary.)

In this part heard case, which was a suit for dissolution
on the ground of bigamy,
Mr. Patchitt called the second wife in completion of the
evidence of identity. This, however, not being quite suffi-
cient,

The ease was again adjourned.
PHELAN V. PHELAN AND IVALTERg.

Mr. Pridemur and Mr. Pritchard for the petitioner.
The parties were married at Clifton,
. in November, 1855.
After a few days' cohabitation the huaband, who was a
sailor, went to sea, and in hi absence the respondent lived
with the co-respondent, a one-legged street sweeper in
Bristol, to whom she said she was married.
Decree nisi, with costa.
LAMB r. LAMS AND SHEIL.
Dr. Spinks appeared for the petitioner, who was a master
mariner. He married Ann Lundy at Arbroath, in DRS, and
had rive children by her, of whom two were living. After
cohabiting in Scotland till 1859, they removed to Liver-
pool, that being Captain Lamb's usual port of departure.
Here he took &house for his family, whom he allowed 8/. per
month while he was absent oil his voyages. Mrs. Lamb also
let apartments. Amongst her lodgers was a young man
named Samuel Shell. who slept in the room next to the re-
spondent's. A servant girl, k &any Eddie, saidthat she bad
seen Shell kissing her mistress ; and deposed to other fami-
liarities which she bad witnessed between them. Mrs.
Lamb was once ill, and had to keep her bed for about three
day. During that time the co-respondent waited on her
Indult'. Another servant stated that the respondent
had ordered her to regard Shell as the master
of the house, alleging that her husband bad
The
witness
him there as her guardian and protector.
witness remarked that that was very strange, oDoodering
that (*mita° Lamb was always quarrelling with her about
him. The respondent replied that it witness did not like it
she might leave.. Had frequently seen the respoedeetego
into each other's bedrooms, sometimes only half dre
and always without knocking at the door. Mr. Hughes, a
neighbour of the petitioner, said that one night the respon-
dent came and said that her husband had turned her out
of the house. She stated that he bad been drinking,
and was very violent. At his wife's intercession
witness allowed her to stay at his house. After • while
Samuel Wild came to see her. He called her "mother,"
and used to go into her bedroom, as he said, to read the
Bible to her. Witness afterwards found out that the lad
was not her son, and on making further inquiries be was
satisfied that there must have been an improper intimacy
between them. Communicated to him what witness
had heard. The young man at first was speechless,
but at last he said, " Hughes, I can deny nothing.'
Ho subsequently called on witness, and, after telling him
that he was going to be married, he asked witness his
advice. Told him that he ought to make Captain Lamb
every reparation in his power. Captain Lamb had been to
witness several times, and had begged him to reconcile his
wife to him, but witness could not do so.
After sonic confirmatory evidence,
The court reserved its decision.

CENTRAL CRIMINAL COURT.
(THIS DAY.)

OLD COURT.
(Before Mr. Justice Bytes.)
MURDER.

Henry King, 38, carpenter, was indicted for the wilful
murder of Sarah Anne Day by stabbing her with a chisel.
Mr. Ribton and Mr. Dickie appeared for the prosecution. '
The prisoner was defended by, Mr. Se-rjeant Ballantine
(specially retained) and Mr. Kemp.
The learned conned for the prosecutiou, in opening the I
ease, said be believed there would be no doubt that
the unfortunate deceased lost her life through the act of
the prisoner, and he believed the only question they would
in the result have to decide was whether the offence
amounted to the crime of wilful murder, or to the lesser
one of manslaughter. lie then proceeded to state the
facts of the case, and from this statement and the evidence
adduced, it appeared that the prisoner had married the
deceased two or three years ago, but there was some doubt
whether it wee a legal marriage, and it seemed that they
did not live happily together and had separated. They had
lived together for some time in Westminster, but • short
time before the fatal affair took place the deceased hail
left him and hail gone to lodge at a house in Tower-
street, in the Westminster-road. Before the deceased
left the prisoner's house, he was beard to say
that if he did not tied her at home when he
came back he would murder her, and afterwards
do for himself. The deceased, however, it appeared, did
leave him nod went to live with her mother in Tower-
street, Westminster, About five weeks after the deceased
left the prisoner to live with her another the prisoner
vieited her and took tea with her. The prisoner quarrelled
very much wahine during tea time, and told her mother
that if she was not out of the house by the Friday, be
would have her life and break everything in the place. The
deceased left the house on the Friday, and she afterwards
went back to him, but left him again and went
to her mother. The prisoner went to the house
several times, and annoyed ber very much, causing
a mob to collect round the door. flu the 18th
of December, the day the occurrence took place,
the prisoner went to the house and saw the desired. She
occupied a room on the ground door, and a police.constable
named Cook, • friend of the mother, who was
there in private clothes, heard part of the conversa-
tion which took place between them. Deseret said
" Well, Harry, what brume you here,' and he
asked her it she intended to return, and the said
" So, King, you have never acted like • man to me, and'
no persuasion will induce me to return." The prisoner, who '
is by trade • carpenter, at this time was holding •
hammer, a screw-driver, and a chisel in his right hand,
and he put the hammer in his left hand, and advancing
bis left foot, be made a violent stab at her
with the screw-driver and chisel, which he had
in his right band, with considerable violence, and inflicted
two wounds, one of which was four inches deep. The de-
ceased screamed out "Oh, I'm stabbed!" aod.Cook. the con-
stable, who was present, as soon as be heard deceased say
she was stabbed, immediately seined his arms, but he strug-
gled mid got away. The deceased woman was taken to bed,
and medical assistance called for, but she died the 'next day.
The medical evidence was to the effect that she died from
internal hemorrhage. The prisoner, upon getting away
froluCook, left the house and went to a public-house,
where Cook afterwards apprehended him. 1% hen he was
taken into custody, he first rid that the deceased
was his wife. and afterwards that she wee not, and
said that she bad been having improper familiari-
ties with other men, and that the constable Cook knew all
about it, and had taken her away from him, or sonic words
W that effect.

The witness Cook was cross-examined at very considerable
length by Serjeant &Montane, who elicited from him that
after he had been called in, in the execution of his duty, to
interfere le•taeen the prisoner and the deceased, he was in
the h►bit of constantly visiting her and taking his meals with
her, and that on the clay the occurrence took place he had
been in the room alone with her for an hour and a half.
It also appeared that after the transaction he was suspended
from his duty, and subsequeetly dismissal from the police.
Serjeatit Itallantine made a powerful address to the jury
on behalf of the prisoner, and in the course of his speech
be commented at considerable length upon the conduct
of the policeman Cook in the transaction, and said there
colild be no doubt that he haul acted most improperly.
lle then observed upon the facts and urged that it was
dear from the evidence that the prisoner believed
that the deceased, whom he regarded as his wife, had been
unfaithful to him, sod that under all the circumstances they
would be justified in finding the prisoner guilty of man-
slaughter only.
The learned judge having summed up, the jury retired
at two o'olock to deliberate, returning at a quarter to three
o'clock, and found the prisoner Not Guilty.

THE CANE OF HR. WHITEHURRT.
The grand jury in the course of the day returned true
hall agaiost Mr. Eiwwl Whitehurat. The trial will
be. however, removed by a writ of certiorari to the Court
of 4ueen's Bench.

NEW COURT.
(Before Mr. Baron Bramwell.)
George R,oberts, 33, tailor, and Jana Anderson, 27,
painter, were indicted for robbery with violence on Ryk le
Bestir, and stealing from him a watch.
Mr. Clark and Mr. Cooke, instructed by Mr. Poland, from
the office of the Treasury, prosecuted. The prisoners.were
undefended.

This was the first of the cases of protting sent for trial
at this session, and prosecuted by the crown. and the trial
seemed to create an unusual amount of interest, the court
being very much crowded.
The facts of thisease were these. The prosecutor is a young
French gentleman studying medicine, and on the evening of
the 27th October, abouthalf -past six he was walking dorm
Bloomsbury-street, when some men pushed against him,
and in an instant he was knocked down with such
violence that some of hie teeth were broken, and he
became senseless, and whilst in this state they stole
his watch. The prosecutor did not see who his assailants
were, but a lad named Hood. and Mr. Webb, the landlord
of the Spotted Dog, in the Strand, who saw the act corn.
mitted, followed the prisoners, who got away at the time.
The information they gave Mthe police led to the prisoners
being taken a few days after, and their identity was clearly
proved.
. . . . _

rTlMprisoners, who are two determined.looking ruffians,
crouexammed the witnesses with great effrontery, and
endeavoured to show that it wu access of mistaken identity.
His lordship having carefully gone through the evidence,
The jury returned a verdict of Guilty.
Both prisoners had been before convicted.

The Prisoners were not senteiloed:l2is lordship directing
Chet they should stead down until the other cases had been
tried.