The Express.
London, England, 1853-04-02 00:00:00

ASSIZE INTELLIGENCE.

oxro, cutcytt.—momourn, Mescn 30.
CIWWS ('ear.—amoss Ma. Jessica %%owns.
Del Mill Higguse, aged 20, and Tlioutas Murphy, aged 27,
an exceedingly powerful looking man, were indicted for
Mending in the dwelling-house of George Window, on the
27th of October, in the parish of Llanover Upper, two pis-
tols and a watch, his property, and then and there, by
menaces and threats, putting the Hey. John Brans, clerk,
in bodily fear, and stealing from his person 201.
Mr. Iluddlestone conducted the prosecution ; Mr. Cooke
defended Murphy; lUggins pleaded guilty.
In the course of the above day, Higgins and a man named
Arnold, who has been since convicted and transported for
another burglary, called at the prosecutor's bore bogging,
and made inquiries of a servant lad, about 14 years of age,
warned Llewellyn, respecting the house and the family.
Between sis and seven in the evening, these men, with four
others, came to the house, some of them having their faces
blackened, and others having crapo over their facer.
Higgins and the four other men went into the bore, and
ordered bun and the servant-maid to sit to the wall with
their backs to them, and on no account to look round. A
lady, who was staying in the house, seeing strange men in
the house, ran out Vie back way and proceeded to the
rectory, about a couple of hundred yards off, and gave the
alarm. The rector, a gentleman about 50, without con-
sidering what Seri of company he was likely to ,fall
into, ron at once fo tea rescue, and when he got iallde tin
Outer wicket-gate, suddenly found himself caught up by
both shoulders by a man who, he now said, was strong
enough to throw him over the wall, and who, saying to
him, you arc the very man we want, forced him gently for-
ward without hurting, or trying to hurt blend° the front-
door, where he was received by a man with erspe over his
face and a pistol in hit hand, and who made him sit down
with his taco to the wall, and ordered him to make no
noise. There he found by his aide two or three more of
his neighbours, who, it seems, had been caught and treated
in the very same way on coming to the rescue. In the
meantime, some of the other roLoers ransacked the house,
and when that was done he was taken out into the dairy,
and three men with pistols in their hands, taking him for
the master of the house, required him to tell where the
money was. He said ho was a stranger to the house, and
was in that room before. One of them proceeded to
search his pockets, but another said. Blow out
his brains, and do not waste time." He was a little
frightened at this, and at seeing three pistols. Ills
pockets were searched, and 201. taken from him.
One of them then pulled his watch out of his pocket,
and Its said, "Do nat take that—it will not do
you much rod ; it is an old piece." On which the searcher
looking at it said. " Tes, au old family piece, you may keep
it." boon afterwards a signal was given outside, and they
all ran away from the haute, two towards Hereford, and
fcur towards Pontypool. On the sth of November Murphy
and Ilicrins ware met on the road about seven miles from
Hereford by a constable, who arrested Murphy, and found
in a bundle on his hack two pistols, one of which had been
stolen from Mr. Window. On Murphy was found only
one shilling in money. and he stated that he did Lot
know the bundle contained the pistols, or be should
not have carried it. Magus% had four sovereigns. They
both at once confessed what they had done. Murphy re-
peatedly admitted that he was at the robbery ; he said
that they all agreed not to do violence to any Jae, owl that
hr said if they should hart any he would leave them, and
that he merely met the parties outside, and acted as footman
In bawling them to the front door; that he wee not aware
they robbed the parson, and did not get a penny of the money,
and that he had been without victuals for three days before,
and that he was a 144 he was taken up now, before lie was
led into worse °lrene, e.
Mr. Cooke addressed the jury for him, in order to get
him off the more serious charge of robbery with menaces
in the house, inunrooh as he did not go into the house, and
all the eircutiastonets showed that he was not guilty of that
charge.
The jury took this view of the case, and he oo sentenced
to only 10 years' transportation, Higgins bein woond to
16 yeses.

WESTERN CIRCUIT.—TAUNTON, MARcn 30.
BIWA' /IL JIATICV CAOIIMPI AM. A :',FAC AL 11 my.
THE QVCEN r. THE Gazel WisinttB RAILWAY Con-
This was • mansismus on the prosecution of Henry and
John liter against the Great Western Railway Cora- I
piny, commanding them to make • railway from Bradford to
Bithernmon, the time for completing which would clime
on the :tut of August, 18:2. T. this the defendan's
pleaded that the wrst commanding them to make the rail-
way came to them on the 3r4 oi August, 1812, and that
between the 3rd of Anaust, 18.5-2, and the 3rd of August,
MI. there was not time to make the railway, and that they
could not make it. On this the prosecutor reelial that
there was time to make the railway, and that the company
could make it, and on this issue was joined.
On behalf of the pm.teutors, Mr. tlirkenshaw, C.E., Mr.
Barlow, C.E , Mr. O. it. SI. elien.on, C.E , and Mews.
Thorn, n, Bastin., anti ruilway contractors,
were called to prove that twelve months was ample time roe
completing the line in question. On the other side it was
contended that, in consequence of the Hood. of last scaoan,
ao,i other nalwilituents, it would he .nitogoible, even if men
had worked a day and a quieter per d ty, to hare h el the
line ready for traffic tt:4l-r a period of at least fifteen
months.
To support the defundaut,' ease the following wit-
nesscs were cclled : —Mr. 'l'. E. Blackwell, C.E , Mr. henry
Neale, engineers* contractor; Mr. Essay, railway contractor;
Mr. Aslau, torso= to Masers. Rigby, railway contractors ;

Charles Edwards, superinten lent of the Kennet and Avon
Canal from Bath to the Band. Aqueduct.
The jury stopped Mr. Sin.rant Kinglake in his reply, and
found for the presecutors.
This cue lasted till mid-day of Thursday, and terminated
the nisi pries business of the basin.
Cauwa Cover. —evrai• Sim We. Eau.
CHILD WI:tall.
Mary Assory wu indicted fur the wilful murder of her
female illegitimate child on the 13:h of March, 1852.
Mr. Day and Mr. Bere were cum.sel fur the prosecutim ;
and Mr. C. Saunders defended the prisoner.
It appeared that the prisoner was committed on this
charge in April last. 0.1.3 of the chief witnesses against
her was her own illegitimate child, but it was so young
and in suers a state GI ignotanco at the lut 'mixes for this
runty that Sir. Baron nett ordered the prisoner to be
remanded, mad directed that the child should be 'ken t?
the Tauntan union and instructed in the nature and o'Aigs-
tion of an oath, in o:der that it might be examined against
the prisoner.
The facts of the case were these : The prisoner was a
single woman, and resided with her father at Bishop's
Lydiard. About six years ago she bad an illegitimate child.
la February, it appealing that she was again preg-
nant her father Wind her out of his house, end she was
obliged to tike refuge in the Taunton union. On the 27th
of February she said she should leave the union. The
master remonstrated with her, hut she said she bad to meet
a ei.t,r, and she lett the house. On the third of March
she went to the house of a Mrs. Edwards, who kept •
lodging-house at Bridgwater. She had her little girl with
her. Slip asked Mrs. Edwards to let her have a bed for
herself and child, and she paid 4d. for that accoramadation.
Mrs. Edwards, seeing that she was very large in the family-
way, asked her when her husband was. The prisoner re-
plied that he had died six months since. She went to bed
early, and in the couree of the night she called up Mrs. Ed-
wards, and a midwife was sent fur, and she was safely de-
livered of a female child. She had in her handle a complete
set of baby clothes, very clean and comfortable. A band
was put round the body of the infant. She remained at.
Mrs. Edwards' until the 12th of March, when she lett, say-
in; she was going to Bishop's Lydiard to the father of ti.e '
child to have the child christened. Sae was very poor and
destitute; she had no money ; she was poverty stricken
and houseless; but Mrs. Eiwards obtained some little
relief for her from the relieving officer. Or. the 12th of
March she left the house of Mrs. Edwards, taking with her
the infant and her tittle daughter. On the evening a thit
day she was at the house of one Burge at Stogumber. Burge
asked her what had become of her baby. She replied that
it mil stillborn. She slept that night at Burge'e, and the
next day she returned to her father's house. On the liath
of March some men who were working near a pimtition
saw a bundle in a kind of pit; they examined it, and found
it to ha the dead badly of a female child. It had been
mutth eaten by Yuma. There was a band ri mid the
body. The men gave information to the sexton of the
parish, and • coroner's inquest was held; but no suspicion
being entertained, the coroner's jury returned a verilict of
" Found dead," nod the body was buried. Circumstances,
however, having transpired to create some suspicion, the
bodp was exhumed, and the prisoner was apprehended.
She stated that, as she was walking on the road she met
some gipsin, and they entreated her to give them the baby,
and at length she gave it them ; but she should not have
Bono s, had she not been in great distress; that no one
knew what she had suffered. The body, when exhumed,
was so much decomposed that the cause of death could not
be ascertained. The band found round the body was eworn
to by the midwife as the one she had pat round the pri-
soner's infant, but Mrs. Edwards said the shirt was not one
which the prisoner had when at her house. When in
the " lock-up " the prisoner said, " There's a baby
found ia the wood, but I did not put it there." The
matron said, " Recollect, I don't ask you a question." The
prisoner said she should know if it was hers if she saw it ;
that she was coming on the road from Bridgwater. and met
some gipsies, and they asked her two or three times to give
the baby to them, and she gave it to them, but it was
through distress and poverty.
Sarah Jane Amory was then put in the box, upon which
the prisoner cried bitterly. The child was seven years old.
Mr. Stuuden submitted that so young a child could not
be examined- She could not bo indicted far perjury.
Mr. Day contended that it was not the age but the in-
telligence of the child that must be considered.
Mr. Justice Eels then had the child taken into his pri-
vate room that he might examine her as to her religious
knowledge.
Oa his return into court,
The learned Judge said he bail examined the child, and
the result of the examination left him dissatisfied as to her
memory and religious knowledge. Ile had asked her when
she was flint taught to say her prayers, and after some
hesitation she said last Friday. He then asked her who
taught her to say her prayers, and she did not know. Sbe
did not know anything about a Saviour, and when asked
who was the Sou of God, she said the Holy Ghost. He
did not, therefore, think it right that she should be exa-
mined._

Mr. Saunders then addressed the jury for the prisoner.
Mr. Justice Erie having summed up,
The jury returned a verdict of Not Guilty.

NORTHERN CIRCUIT.—LivEnrooL, APRIL 1.
Num Palm—Bums lia.Razos Nuns.
WHITTAKER V. LAW.

The hearing of tifeei;;;;; resumed, and the jury re-
turned a undid for the defendant.

iitLLT C. M.Covry.—A SCENE IN Corwr.
This was an action brought by the plaintiff, • drover,
against the defendant, a cattle jobber, fir 271. 9s. 3d., ba-
lance of wags. The following interlude took place. Ser-
jaunt Wilkins was endeavouring to obtain an answer to a
question which the learned Berm considered unnecesiary
Serjeant Wilkins—Really, I think this the most extraor-
dinary interruption I ever knew.
Judge—Please to go on.
Serjeant Wilkins—l am only doing my duty, and I feel
bound to mention it.
Judge—Mr. Serjeant Wilkins, I will not permit you to
address me in the way you have done.
Serjeant Wilkins—Your lordship interrupted me when—
Judge—l Ara the Judge.
Serjeant Wilkins—l know you are, but the judge is not
absolute for all that.

Judge—Certainly not ; but you are wasting time.
Serjeant Wilkins.—There is no man in the court who
has wasted less time than I have.
Judge.—Well, I think it is a waste of time.
The Serjeant here repeated the question several tines to
the witness, without obtaining en answer, when, address-
ing Mr. Baron Martin, he said, "If your lordship won't
help me, I can't have an answer."
Judge.—l certainly shall not help you.
Serjeant have often seen your lordship do it
before.
Judge.—lf I have done so I did very wrong.
Serjeant Wilkins.—Then I had better give up my brief.
I am told that every item in this bill is false.
Mr. Tindal Atkhanin, for the plaintiff.—Why do you not
prove it ?
Serjeant Wilkins.—Don't let me be schooled by the op-
posing counsel and the judge also. The learned seljeant
tten contended that nothing was due to the plaintiff.
The hearing of the case was then resumed, and after
hearing the evidence on both sides the jury returned a
verdict for the defendant. .

NORTH WALES CIRCUIT.—Rums, MARcn 30.
The assizes fur the viunty of Denbigh commenced in
this town on Monday last, but owing to the severe indis-
position of Mr. Justice Manic, which on the previous day
had precluded his attendance at church, Mr. Welsby (bar-
rister-at-law) acted as his lordship's deputy.

BURGLARY.

Thomas Dames and James Davies were convicted of
breaking into the house of Mrs Langford, in February last,
and stealing therefrom several bottles of wine, azd a large
quantity of silver plate. The evidence against Beth prisoners
was conclusive. James Davies was sentenced to twelve
months' imprisonment with hard labour, and the other pri-
soner, who had already undergone transportation on a pre-
vious conviction, was further sentenced to be transported
for fifteen years.

THE POLICE COUR7'S.
BOW-BTRBET.
Ann Iliggotes was charged with wilful perjury.
A young woman, named Margaret Smith, had Bent the
prisoner to pledge a wedding ring at Mr. Clark's, pawn-
broker, Long-acre. The prisoner obtained 3s. upon it, sad
&slivered up the duplicate to Mrs. Smith, at the same thee
retaining Gt. of the money for herself. After this she re-
turned to the pawnbroker's, and, representing that she had
lest the duplicate, obtained a second one upon the usual
sworn affidavit. By this means she got the ring out of pawn
%gain, and dispoeed of it elsewhere at a higher price.
Mr. Jardine Nall this was a very common practice, and
the parties were little confident of the serious character of
the offence.
The prisoner was remanded for further examination.
THAMES.
Mr. Robe. G. Sharpe, master of the Affithan, late from
Calcutta, surrendered to his recognisance' on the charge of
baring assaulted and wounded a man of colour, named Loo
Dec, who has since died, and who had officiated as serang
over the Asiatic portion of the crew during the voyage of
the Affghon from India. The C4IIP excited great interest,
owing to rumour, of great cruelty basin,/ been indicted on
the natives on hoard, and the fact that the chief and s, coed
officers of the vessel already stand committed for the man-
' slaughter of a men named Romani' Ali.
The witnesses for the prosecution were examined through
the interpretation of the lice. Mr. Campbell, a dissenting
&mynas, who had passed many years in India.
Ternshi re,t he but rah tindai of the Aaistica, stated that about
eight days after the Affiehan left St. Helena, the captain,
without any cause, beat the itec..ased Strang with a thick
rope having a knot at the end of it. Witness asked why he
beat their chief, to which the only reply wan a dozen lashes
inflicted on witness with the hauling and clew lines. The
captain beat the serang until ho fed from a blow in the
Lead with the knotted end of the rope as he desecuded the
lead• r from the forecastle. Aft, r ,ne e-sault the si rang
attended a little to bis duties for two days. From
that out he remained in the forecastle doing noiiiirg until
the time of his death, which took place a few days since in
th- river.
3lr. John Cramley, scar,/eon, 71, High-street, White-
chapel, in sr to Mr. Fell. ,m, who appeared for t..e
dehisce, said he was examined at the hum at held on the
body of the wrong, and concurred in the *pinion that ilia-
, ease of the lune, was the proximate cause of death. Wit-
ness examined the scalp of the head, sod found two nodes
In the scull ; one on the left side three inches long and two
wide, and another somewhat leas on the right. They were

filled with blood, bat there were no corresponding marks
on the inside of the scull. There were marks of violence
on the arm and knee. These marks might have been in-
. flictid with a stick ; a rope with • knot in it would de-
cidedly produce thins. The bl.ws on the head must have
be?n heavy. as deceased had a thick mass of hair.
Mr. Pelham—The ship was 44 days coming from St.
Helena. Ceuld the injuries have Ikea inflicted so long
since ?
Witness—l should think not, as the nodes contained
effused blood; whereat in 44 days matter would have been
(could. It might have been a fortnight.
TO Ir. relnarn—Witness could not say as to 30 days.
Heard it in evidence at the inquest, that a bamboo falling
from the mast etrua; the seraug on the elbow and knee, but
nut on the head.
When the hearing was renewed yesterday, Mr. Fearnly
and 31e. Pelham appeared fur the pris ,ner.
j addi•ion to the previous evidence Gee Foe, the second
Pnd Fun, one of the crew, eanfirme,l the leading
particular, though SOMCSthat Pbtroli;:ory is de:Atli.
Mr. Comby, the surgeon, was exa;nined by Mr. Fearuly,
but adhered to his origins: opinion, that the injuries on the
scull of the deceased acre the result of blows. The marks
on Loth tides of tho head could not be the result of a
f.d.
The charge of assaulting the hurrah tindal was also
roe into, and Mr. Ingbant expressed his determination to
egminit the prisoner on both charges.
Mr. Fearnly hoped not as it would involve double
tenshle cud double expense.
Mr. lexham considered both cases were closely connected,
and CAA must go to Nevrgate for trial of the misdemeanor.
Bail. however, was accepted, the captain in 801., and one
surety, • medical gentlemen in the hlinories, of 401.