The Express.
London, England, 1851-07-31 00:00:00

THE EXPRESS, THURSDAY EVENING JULY, 31, 1851.

Cam futtlitgente.
__—
EQUITY COI:ItTS.—VIsr:;IIDAT.
TII.. boo Ct. 4,1 vt top.
ST, /0:1; C. STUIME.—i)V.ZI) 011' t•••••iritovm.—Attvitn

fast lor.N r OM:ea:AUNT.
This appeal against a d..er.e of Lord Langdale, late
Mader of the Rolls, was further beard. The circumstances
of the ease were these William Mills, by his will, made in
1;0, devised his Chilworth estate, in Wiltshire, to his
daughter, Elizabeth Mills, and to her issue lawfully be.
gotten, and to the heirs of such issue for ever; and if there
should be no such issue, then over. Elizabeth Mills mar-
OW Toby Sturgo is lifti, and by the settlement made on
that occasion the Chilworth estate was conveyed to trustees
to the use of the husband for life, remainder to the use of
the wife fur life, with power to her by deed or will to dis-
pose of the estate. She died in 1:42:3, leasing her said hus-
band and live sons and one daughter of the marriage sure
viving her, and leaving a will by which she, in exercise of
the power reservist to her in her marriage settlement, de- I
wised the said estate equally among her four younger
sons ; the eldest being uthi rwise amply provided I
for, subject to a charge in favoursof the daughter. Toby
Sturge livid to Hill. One of the four eons died without I
issue previously, and the daughter died, leaving issue.,
William Sturge, the eldest son, had been unfortunate in
business, and nailed with the father for several years
before the father's death. On that event he applied to the
brothers for loans of moneys, of which he was in great
wait, kie estate of Sedbury, in Suffolk, being deeply mort-
gaged. In the course of the correspondence beta ern hint I
and the heathers, they proposed to him to VIM(' to an equal
division of the Chilworth estate between them four, and
thi-n the three to purchase his fourth part thereof for 9.501.
A died was prepared, under the management of Mr.
Roberts, a solicitor, carrying the said arrangement into
effect. The eldest son, W. Sturge, afterwards filed this
bill, alleging that he alone was under his grandfather's will
(so above stated) entitled to the whole of the Chilworth estate;
that his mother took an estate tail under the said will ;
that as she did not levy any fine or suffer any recovery, the
nature of the estate remained unaltered, and she had no
power to dispose of it by will ; that he (the plaintiff) was
not aware of his right to the estate when he ezeeuted the
chid of Intl, and had no legal ivtviee on that transaction
but that his brothers had knowledge et his rights, and did
not ilisclow such knowledge to him ; and on these and other
grounds he by his bill prayed that the said deed be set
oxide.
The Master of the Rolls, being of opinion that the
coal. nee sustained the said allegations in the bill, decreed
that the deed be set
The s.dieitor-fis meal mid Mr. Cairns occupied the whole
of Tuesday with arguments and the nailing of evidence fur
the plaintiff, now respondeat, in support of the decree, the
app. al being against the whole decree.
Mr. llethell was now laird up to the ri-ing of the court
in support of the defeadant's appeal, and hail not concluded
his argument.
The further hearing was adjourned to Friday, there being
other business appointed N.( till, day.

Rama. vas I/serrate vim Rm., I.
Tun Ileac ..1 Devosttn Ike a. ELGIN.
The plaintiff in this instance moved for an injunction to
prevent thb ardent from pursuing a routs° of conduct which
11010-thd the paswge of a stream of *rater, which formed
the sul.j.ly of the tt 'tants of the duke upon one of his es-
tates, and which supply of this great necessary of life his
tmants cnjuyed under a contract from the year 11410 to the
year INN, upon the condition that they .hould pay • reason •
able ..juivalent for the supply thus afforded.
Mr. It. Palmer stated the else for the plaintiff.
Mr. lilmsley, for the defendant, objected to the motion,
upon the grouted that there wan a want of the ncecesary
parties to *itch • suit, which required that the parties deriving
a is n. lit from this alleged contract ought to be included as
;seem. interested in the suit.
'1 he Master of the Rolle ohjeeted that as this was a right
which had been uninterruptedly enjoyed by the duke's
tenantry for nearly ten years, and in it had been acquiesced
in I.) both parties, he could mg refuse to assist them in ear-
rng out the objecta guaranteed by the contract, or preclude
them from the enercia• of the right. In reference to the
objertein of the 11,4,mi:tot's counwl, he would allow the
plaintiff to amend the bill by adding other persons having an
Interest in the enjoyment of the right as plaintiffs. lie
would for the present decline making any decree, but suffer.
the parties, after this intimation of his opinion, to come to
RR amicable termination of their di.pute, to LS CO avoid fur-
ther expense in litigation.
r. Ssursom.

Thi- reuse Mae before the ectnrt upon exceptions taken
to the Master's report. The gue-tion raised was one of
donned.- rt., claims of the porta. arose under instruments
dated the nth and 9th of August, 11411, and the property in
qesscrion was 17,5110 dollar. and 7,1011/. Consols. The nest
of kin claimed, according to the law of Sardinia, upon the
ground that the ten instruments of 11411 were not valid se-
carding to. the law of Sardinia, where they contended that
the Cieint of Cologne, from whom the property came, was
domiciled. For the defendents, on the other hand, it was
insist. d that the counes domicile was, at the time of the
vas-se deeds
tm of the dds in 11411, and dim at the time of his
death. in England, and therefore that the disposition of
the dollars and C 01114014 Rao valid. It was in consequence
referred to the Muster to ascertain, among other thing., the
domicile of the count, and he reported that the domicile
was English. 'fo this report the nett of kin excepted, and
the exceptions new came on to be heard.
Mr. Teed and Mr. tioldsmid were for the exceptions on
behalf of the next of kin ; and Mr. Walpole, Mr. Messiter,
Mr. Daniell, and Mr. Dickinson for other parties.
The Master of the Rolls said he was of opinion that the
Almiter hod come to • right conclusion, and that conse-
quently the eseeptions to his report mad he overruled. It
was a snit for the administration of the estate. The deposit

ASSIZE INTELLIGENCE.
---
HOME CIRCUIT.—MAID4TONE, Jt:Li SO.
Caw dicer.—liormir Alit LAZIN ALSissuiS.
Ed cord Weed, 27, was inticted, under the new statute
of Lord Campbell, for being found at night with skeleton
keye,and oteer housebreaking instruments, in his possessioa,
with intent to commit felony.
It appeared that a police constable, who was acquainted
with the prisoner, took him into custody at Beereteed,
under suspicious circumstances, and a quantity of skeleton
keys and a crow-bar were found in his possession, there be-
ing very little doubt that he was out upon some housebreak-
ing expedition.
The jury found the prisoner Guilty, and a previous con-
viction for felony being proved against him, he was sen-
tenced to be transported for 10 years.
John Borden, 22, pleaded guilty to a charge of feloniously
setting fire to a 'stack of wheat, value 1702., and he was sen-
tenced to be transported for 10 years.
Civil. tilios.—Barons CMilivirsTir• least. ass • Coward RAE.
KINGSFORD T. DYZ.—BREACII OF PROMISE.
This was an aetion to recover damages from the de-
fendant fur the breach of his promise to marry the
plaintiff.
Mr. Chambers, in opening the case, said that the plaintiff,
Mrs. Sophia Kingsford, had been compelled to bring the
present action against the defendant, in order to recover
damages from him for very serious misconduct in having
deliberately broken a solemn engagement he had made to
marry her. It was his duty to inform the jury diet
neither of the parties in the cause were young ; on the
contrary, they were both at a somewhat advanced period
of life, the eletend;uit being the older of the two, but
it appeared to him that this was rather an aggrava-
tion of the defendant's misconduct than otherwise.
The learned counsel then proceeded to state the facts of the
eau. It appeared that the plaintiff was a person in humble
circumstances. She was a widow, living with her daughters,
who kept a chandler's shop at lirptford, and the defendant
lived near her, at the house of his brother. Ile paid her atten-
tion during the year lea, and at length made her a formal
' written promise of marriage ; but, as he wan at that time
dependent upon his brother, it was considered prudent by
both parties that the marriage should nit take place until
the death of the defendant's brother, from whom he had
the expectation of receiving some considerable property.
The brother did die in the month of October, 1850, and,
as the defendant anticipated, upon that event taking
place, he came into possession of all the property that
belonged to him, and he still continued his attentions to
the plaintiff, and repeated his promise to marry bee ; but
on account of the death of his brother, and also the
death of a sister of the defendant it was considered right to
postpone the ceremony for a certain time. The defendant,
however, still continued hie attentions to the plaintiff, and
in March of the present year he expressed his intention to
go to Norwich for a short period, and said that at his to.
turn the marriage should take place. He went away OW
cordingly, and, to the astonishment of the plaintiff, it
to ep-
Rthat on the 13th of that month he married a Illhe
Nicholls, and shortly afterwards brought her hues
ptford, where he took up his resid-nce with his wife 1
ism to the plaintiff. The learned counsel, in conclusion,
add that it was under these circumstances that the present
option was brought. He did not put the case as one of
blighted affections or disappointed hopes, but he did say
list the defendant had grossly miscoaducted himself toward
Ilse plaintiff, and that she was entitled to compensation for
the injury she had sustained by the defendant failing to
perform the promise he had made to her.
Witnesses were then examined, who made out the Case as
Meted by the learned counsel for the plaintiff It appeared
the crowexaraination of some of the witnesses, that
en
plaintiff was at least fifty-five years old, and the de-
t was sixty, and that when the parties first became
eequainted he was living with his brother as servant of all
week, and was in very humble circumstances; and it was
evident that both parties considered the marriage ought not
to take place until the condition of the defendant should be
iniAtby the death of his brother.
t We made a most humorous speech to the
jury on behalf of the defendant. He said it wet a very
EMI occurrence for parties of the respective ages of fifty-
Ave and sixty to come into a court of justice, and ask for
damages (or a breach of promise of this description; and if
juries were to sanction such actions, by giving damages, he
was afraid that the time of the courts would be wholly
taken up with them. He must confess that the present
sue put him in mind of a story he had read of a gentleman
who, having fixed his marriage-day, made arrangements to
have all the proceeding* of the marriage carried on in the
guise of a funeral. (A laugh.) There was a hearse,
anosuning-coaches, and mutes ; and when the bridal
party left the church after the ceremony, the first thing
that met their eyes was a newly-made grave. (Re-
newed laughter.) It was clear that in the present instance
the pleiatiff was not to be made happy, as the defendant
it in one of his letters, until the death of his brother,
=
marriage was only to succeed the funeral ; and in
la the love whisperings that took place between the old boy
of
60 and the young lady of Coe the consent to marry was
only given when brother ehould be dead. (Laughter.) Ile
did nut deny that there had been a promise to marry made
by the defendant ; hut what injury had the plaintiff really
sustained by the breach of the promise ? To talk of affec-
tion between the parties under these cirtumetenee was per
freely ridiculous; and as to the lose of any benefit that
would arise to the plaintiff from the property that came
into the possession of the defendant at the death of his
brother, they should not forget that if she was to have the
money, she must have had the old man as well. (A laugh.)
The Chief Justice—Don't use too hard terms, brother
Shee. Ile was only 60. (Renewed laughter.)
Serjeant Shee proceeded—lle was not aware of any pecu-
liar itilvantsges appertaining to the age of 60, although he
hoped he should to time attain that knowledge. (A laugh.)
.. ..

,
It was said that a young man married for_„ a a mistress,
middle-aged one for a companion, and an old man for a
num:, and it appeared to him that all this hearty old widow
of Si, with five grandchildren and a chandler's shop, could
have expected from a union with the defendant, was to have
to nurse him alter the expiration of a very short period of
time.

I iin ( Justice briefly summed up, and the jury re-
turned a verdict fur the pinintiff—Damages, 4 )1.

OXFORD CIRCUIT.-STAFFOILD, JULY 30.
Dar ms Yr. ILmos. Ilmrns.
CHARON OP Mlausa AT WOLVERHAMPTON.

James Jones, a navvy, aged 26, was charged with the
wilful murder of Catherine Moths, a woman with whom
he had for several years cohabited, and to whom be appears
to have been siucerely attached. Ile is a most intelligent.
looking young man, quite differeut in appearance from
his elms.

The facts, as detailed in the opening statement of Mr.
Whitmore, were as follows:—On the 9th of June last
the prisoner and the deceased, who bad for some years
lived together at a house in Wolverhampton, were seen in
company at the Brown Bear public house, iu Lichfield-
street ; they were afterwards seen a short distance from this
place, and the prisoner was heard to use threatening lan-
guage to the deceased, there appearing to have been a quar-
rel between them of late. In the evening the prisoner and
deceased were again at the public-house above-named; the
deceased was sitting between two men, one named Mire
and the other Lawson ; deceased was smoking a pipe, and
was partly intoxicated. The prisoner said to her, " I want
my things," upon which she pulled a handkerchief from
her neck, and threw it angrily on the table. Prisoner
then said, " I want my other things." Upon which
she replied, " They arc at home Sarah will give
them to
.you." said, " You go with me and
get them.' The woman got up and the two went out
together, and proceeded along a presage leading from the
public-house to Bury-street where they resided. The man
Lawson, followed and lost sight of them for a moment, and
when he next saw them the prisoner had his left hand at
the back of the deceased, and was leaning over her with
his other arm raised. The next moment the prisoner was
seen to draw a knife across the throat of the deceased from
left to right. The woman reeled and fell, the prisoner
having walked away, and then, partly recovering
herself, she screamed out, " lie has murdered me."
The woman was taken to the Black Dorn, and
afterwards to the hospital, where she died on the follow-
ing Thursday, three days after the occurrence. The wound
Minted was seven inches lung and one inch in depth. The
prisoner surrendered to Lawson immediately after he had
committed the fatal act; he went quietly to the police-
station, and when told that the woman was dying he was
plunged into the deepest grief; he cried bitterly; he saw her
at the hospital and kissed her; he said that " t:be sooner he
died the better," and on being told of her death, he prayed
that he might be allowed midst the body. The fatal art
was done with a clasp knife, the blade being about four
inches ; the prisoner admitted that he did the deed; and
the only cease suggested was jealousy. Deceased had
borne him a child, to which he was much attached. She
has allowed it to be burnt to death whilst in a state of in-
toxication. She was intexiented at the time her life was

taken—the prisoner liskti saber. Several witnewes
having spoken to the datya details,
The jury_returned • wrest of "
ass,eaghter."
Berea Martin. in prim sude eribi—" You have
hem head guilty *immolate..., sad I eat rather pleased
that it is so, for it has saved me a were painful duty. Had
the verdict been otherwise, I ant Mwe left yea for emen-
ds. yy Won& considering the abounshaow at the case, I
should Rhea* hew apeenneaded • tableadea et that
eadesse. Lilt Y. I alien seateace yea to treaspertatioa
he the tern of yaw asearal life."

limn Ma. Oar.arak Q.C.
name Groom, a naive weinciewe character at Weir/T-
M/week was indicted he kw*: diallberately fired a gee
at ens Wears Carina sad a washer of ether maw at
Weineissoisson e. Ile of May la die mamas year.
IS sposased On ea ths alga* ia goestisa sans Sans were
enemas& liepaimsses .ad widens eatlaffieg
Ii.tYSO the imasesolee was at al —.said is the
soar. le Ina er a yea upon the lesloi the 41111110-
Cilewas that Carkea's ana wee diallered.
allows was testy breves bane Is tate prisms, who
was *woe Chitty rig enesesed Maim inprieen-
neat

hfri lustier Me is still e=its the trial of the in-
dieusettt The QUIPS! s.srl ethers." Appa-
rently the ease will not tendons Way.

MIDLAND CIRCUIT.—Dram JULY 28.
Bantu NA. Um. Nana IND • erocia• ivaN.
Dos Duo. Tune= AND Otum Y. ANN AND OTNIZI.
This was ea adios of etleetsionst, to reamer joasalstpp of
severe& miasmal veins eosseeted with the Hill Top Mine, in
lW Nish Peak diet of Deebyskire.
The IVO of the_parnee is We ems depended upon the
peseller ember &Keenan the lead mining district in the
sae* afDeebyeaire. It appeared that the title set up by
Ms Tuner, NM of the lemon of the plaintiff, wider Awe
Ithe vest wan aired in this war--tilie was a
widow, end bee had up to the dare of his death
waked the edema Hid Top Lead law ; spot his death

she succeeded to it, and had also discovered several new
veins, which she had " freed " The custom of the district is
for the discoverer of a new vein to 'mime.% the Barniasur,

an officer appoinfid by letters patent under the seal of the
Duchy of Lancaster, to inspect it ; and if he is satisfied that
it is a new vein the finder presents a dish of ore as 1
a due to the crown, and thereupon the 11 irmaster sets 1
oat a mere, i.e. bounds, within which the tinder would then
become entitled to the minerals. The meets appeared to •
extend 32 jun.& east and 32 yards west froenthe place. where 1
the dish of ore is raised ; and the person to whom a mere is
so assigned is said to have " freed" the mere. When new
meres are thus set out new names are always given to them;
and a peculiar style of nomenclature seems to be adopted.
" l'eace for ever, " Buy the truth and sell it not," " Stand '
for thyself," and " Ebeneter," were among those with
I which Ann Turner had christened her discoveries. Upon
that custom, therefore, the lessors of the plaintiff rested
their titles ; but it also appeared that Ann Turner had
become insolvent, and that several of her creditors bad
proceeded against her by bill in a mineral court called
the Great Barmote Court. The practice of this court
of late years appeared to be this :—The creditor brings
his plaint against the proprietors of the mine in the
Great Barmote Court, and swears that the debt is due.
The judges, who are called the grand jury, are 24 in num-
ber, and they examine the witnesses one by one, in each
other's absence, and in the absence of the parties, all being
sworn to secresy. If the defendants wish to prove payment,
they bring in a cross bill, which the grand jury either ig-
nore or find to be true. If, however, the grand jury find
the debt to be due, then they order payment to be made
within 10 days, otherwise the defendants to lose their
shares in the mines. Disobedience of that order after no-
tice is followed by a seizure by the Barmaster, and delivery
of possession of the mines to the plaintiffs. Now, that pro-
cess had been resorted to by the present defendants, and
under it they had obtained possession of the veins sought
to bo recovered; but the defendants produced from the
court rolls a precedent, dated 1750, of a proceeding in that
court for wages, in which the grand jury had found the
sum claimed to be due, and ordered that the defendants
should pay within 10 days, or lose their shares. That in-
strument set out the whole course of proceeding, and the
learned judge expressed his opinion that, according to the
proper construction of the language therein used, the prac-
tise of examining the witnesses in the absence of the parties
was not warranted by the custom.
On the part of the defendants it was also stated that the
plaintiffs had brought an action of title in another mineral
court, called the Little Barmotc, which had all the inci-
dents of an ordinary court of justice, and had been defeated
in that court; but upon production of the proceedings
it did not appear that the parties were the same ; and the
defence on that ground therefore failed. As to those veins,
however, which belonged to the husband of Ann Turner
before his death, the defendants proved that the lessors of
the plaintiff had no title, by producing the will of the hus-
band, which devised them to his children. Many questions
arose in the course of the trial as to the regularity of the
proceedings of these court., and the validity of the customs.
The learned judge intimated a strong opinion that if, by the
custom, the witnesses in the Great Bannote were to be ex-
amined in the absence of the parties, and disobedience of
the order to pay would work an absolute forfeiture, the cus-
' tom would he bad ; if, on the other hand, the true custom
was to examine the witnesses in the presence of the parties,
I or if the forfeiture was only until payment, the custom might
• be good. The question left to the jury was, which was the
• true custom ? and the jury found that the true custom was
that the witnesses should not be examined in the absence
of the parties, although that practice had by mistake been
adopted for some considerable time. The consequence wa.s
that in this instance the true custom had nut been followed,
and the plaintiffs therefore obtained a verdict to recover all
those veins which Ann Turner had acquired since her bus-
I band's death. _

_
LEICESTER, JULY 29.
Mr. Baron Parke arrived here front Derby at a quarter
to one o'clock this day, and proceeded at once to the castle,
where be opened the commission for the county; after
which the court was adjourned until nine o'clock on Wed-
nesday morning. His lordship then proceeded to the town-
hall, where the commission for the borough was opened,
and the grand jury sworn.
Shortly before four o'clock his lordship took his seat in
the Crown Court, and proceeded with the trial of the bo-
rough prisoners.
Mr. /Winfrey, Q.C., presided in the other court, in order
that the whole of the borough cases might be disposed of
to-day. The number of prisoners was 13, but none of the
cases were of more than local interest. The borough bu-
siness was concluded about half-past 7 o'clock.

JULY

N. • Mr. Humphrey, Q.C., sat in the tat Prius Court, and
tried prisoners.
Ten persons were arraigned before him upon a charge of
riot at Odell.
Mr. Macaulay, Q.C., Mr. O'Brien, and Mr. Mundell, ap-
peared for the prosecution; Mr. Serjeant Miller and Mr.
Cockle for the defendants.

It was stated that the prosecutor had recently purchased
some property at (lathy, and that the defendants claimed a
right of footway over a part of one of his fields, which he
disputed, although the right had been exercised for a consi-
derable period befure he came into possession. The prosecu-
tor having put up a fence across the alleged footway, a crowd
had assembled and broken it down. It appeared that an ac-
tion was pending to try the right, and before any witnesses
were called, it was arranged that a verdict of not guilty
should be taken, that the defendants should enter into their
own recognizances to keep the peace towards the prosecutor
and his family, and that the footway should be kit open
until the action had been determined. Upon that arrange-
ment the defendants were discharged.
Five causes only have been entered for trial, one a special
jury cause.

Banns Ma. Jorrecs Wm= awD aCpsiunx

LORE
COMPANY.
This was an action of debt for use and occupation.
Mr. Serjeant Miller and Mr. lluyes appeared for the
plaintiff; Mr. Macaulay, Q.C., and Mr. Mellor, Q.C., fur
the company.
The plainitff is a farmer at Morcott, in Ratlandshire, and
be sought to recover about four years' arrests of rent for a
piece of land which had been used by the contractors of the
company in the course of making their Rugby and Stam-
ford branch, in that parish. The land in question was nut
wanted for the purpose of constructing thereon the actual
line of railway, but for the accommodation A the works as
they went on. The plaintiff's case was, that the agent of the
company had contracted on their behalf with the plaintiff to
pay 311. a year fur the temporary occupation of the land ;
and the principal dispute was whether tha contract was
entered into on the part of the company or on the part of
the contractor for making the line.
Witnesses were called on both sides, and after a pro-
tracted investigation,
The jury found a verdict for the plaintiff—Damages, 1621.
Clown COPY?. —Mrrome Ms. BARON ?MUM

Thomas Argyle, aged 42, was indicted for cutting and
wounding Joseph l'cgg, with intent to kill and murder him;
and also with intent to do grievous bodily harm.
Mr. Mills conducted the prosecution.
It agpeared that in the month of May last the prisoner
had an allowance from the poor-rates of the parish of Stoke
Ooldinh, the amount of which had been reduced shortly
before the 24th of that mouth. The prisoner seemed to
have got it in his head that the prosecutor had been to the
overseer and said something to his prejudice, and that in
consequence of that the allowance had been reduced. On
the day In question he went to the prosecutor's house, armed
with a bill-hook, and said to the prosecutor " Do you sup-
pose that I shall kill you with this ?" To which the pro-
secutor answered " I do not; you have no reason."
The prisoner then raised the bill-hook, and struck the
prosecutor violently over the head several times, inflicting
live or six serious wounds.
The defence which the prisoner made was that he was
insane at the time when he attacked the prisoner; and the
surgeon from Stoke Golding proved that for some munths
he had laboured under a delusion that he was going to die
in a day or two, and that he slept restlessly, and was in a
nervous state, but that he was not otherwise insane ; that
he knew very well what he was about, and could distinguish
between right and wrong.
The jury found the prisoner guilty of inflicting the injury
with intent to do grievous bodily harm, and
The learned Judge sentenced him to be be transported
for life.

NORTHERN CIRCUIT.—DustrAx, JULY 28.
Mr. Baron Platt and Mr. Justice Williams arrived in this
town late on Saturday.
The calendar contains the names of forty-four prisonen,
charged with offences of an unusually light character. Of
these one is charged with burglary, one with bigamy, one
with an unnatural crime, two with night poaching, four
with obtaining goods under false pretences, and the rest
are charges of ordinary larceny.
The cause list contains an entry of eleven cause., of
which six are marked for special Juries, and are heavy
causes, likely to occupy time. One is an action for crim.
con. _ _

Mr. Baron Platt sat in the Criminal Court, at ten o'clock,
and Mr. Justice Williams at Nisi Prins.

In the Crown Court ordinary larceny cases, triable at
unions, occupied the court all day.
In the Nisi Prius Court the common jury causes were got
through. None of these, however, afforded any questions
of interest for report.

WESTERN CIRCUIT.—ExEms, hie 28.
Ttre enninsas for the county of Devon and city of
Mashie WINFam in this city ea flatarday kit, by lir.
Jades sin the Wenn ef des seder ea
rersi t
lewd Canaphdl yreekliag in the Nhi
Peins ein end Mr. Justin deka* trying prisoners.
The lises is eery 11^ One kin only ea causes
kr trial, of which twe wen and two are
sr for special Ades. All the •
omminEs ware &s-
-pun et two o'dirt,. when
rs
The oneeker contain an entry of 44 plans in trial.
JOLT n.
Caen Mummery or • LUNA7IO.
John Yee (out on bail), a respectable lookirg terser, re-
siding at Lew Trenehard, in dr Taristock tuba, wee ia-
dieted for unlawful' areniting Cholas Lanese*, brew-
ing bin te be a destitute p enes uses rid, be
having unisrtaken the ebarp et bin. Thew wen several
other sewn la the nilelnent veZite skier
p,
The her serrend
the et listredar Irk mei erell2Pirwill:era
wen aserinek hen whine stahnsat it spWailaat the
Innis Lamers bai been anima by the who
was bh betanaladaw, la a smell ri
Nagar *One a flonseery
et the eland= et lends yes rade Os ad was &s-
-try may, eel dr isdletinste eresan's leis wen

confined by a chain. The phis° of confinement was seven
feet long, five feet broad, iind shoot six fret bich. Ile
made the following explanatory statement of the rheum-
stances, and which was given in evidence :
lam a farmer at Orchard. The lunatic was my
brother-in-law. I have known him 20 years. Ile was
brought up a black anidt. He was always weak in head
and strange in conduct, and hi mother told me that he
was of weak intellect from childhood. About 13 years ago
his parents, thinking he would otherwise get into some
mischief, had the chain rivetted on his leg, which was now
on. 1 don't know that it has ever been off since he slipped
it off about seven years ago, when it was put on more se-
curely. He was in a cell for nine years similar to that
' from which he was removed yesterday. About four years
ago I removed him from Germansweek to Orchard, and
ha has been treated as before. lie never had clothes be-
cause he would tear them. About 20 years since his uncle
left him 1001., which he soon spent. Sometimes he is vio-
lent and sometimes he is quiet for a long time. Ile was
dressed yesterday. Four years ago he was dressed to be
removed from Germansweek to Orchard. He sang well
in church, and read and wrote well. His parents have 301.
a year, an annuity from lunatic's uncle. Both his parents
are btsl-liers, the mother having been in bed for two
years, and the father a longer time. They thought if the
parish took charge of him they would have to pay for it.
None of the relations are insane."
The learned judge, in summing up, said that a state of
things had b,en disclosed in which ignontrice of the law
was the only excuse. There was a principle of law, which
although seemingly hard at first was not so on inspection. It
was that although a man broke the laws in ignorance, yet
that was no justification of the offence, he must pay the
penalty.
The jury, after a short deliberation, returned a verdict of
Guilty, and the prisoner was sentenced to six months' im-
prisonment in the common gaol, the learned judge saying
that he would not under the circumstances subject the pri-
soner to the ignominy of the Homo of Correction.