The Express.
London, England, 1851-03-20 00:00:00

THE CASE OF THE BIRDS.--SF-NTENCE.

At the Devon Lent Assizes, commenced vcoterday,
in the Castle of Exeter, the Chief Baron took the
nisi pries court, and aron Martin the crown bar. After
the delivery of the charge his lordship directed Robert
Courtice Bird and Sarah Bird, his wife, to be placed at the
bar.
Oar Mr. Slade and Mr. Cox coming into court the male
prisoner entered into a short but earnest conversation with
them, and during the proceedings the male prisoner paid
great attention, and repeatedly convened midi his wife, as
if informing her of the various points. After the learned
judge commenced addressing them, she appeared much dis-
tres,d.
His lordship, addressing Mr. Slade, said—l understand
you have something to say to the court.
Mr. Slade replied that he had not, as neither himself nor
Mr. Cox had been instructed.
His lordship then addressed the prisoners, saying that it
was his duty to pass sentence upon them—the sentence of
the court for the offence w hich, by law, must be passed upon
them—but in so doing let it be understood that lie was exer-
cising no discretiou of his own, hut merely currying into
effect the directions given by the learned commissioner who
tried them at the last assizes; and therefore the sentence
was that learned gentleman's, and not his own. Ilia lord-
ship then adverted to the circumstances of the first trial,
and talon that of the second, with the course taken by Mr.
Russell Gurney at the time, and the prisoner's plea of
au trefois (tepid, or in other words that they had been tried
and acquitted, and 1.0, by the law of England, that no per-
' son could Is, twice perilled for the •une offence. The
learned commissioner who tried them hail thought it right,
under the circumstances, to direct a verdict to be recorded
against them, but reserved the point, under a recent act,
for the decision of the fifteen judges. That opinion, as all
persons were aware, had been bail, and a great diversity of
opinion hail existed between the learned judges, eight being
in favour of it and six against it; and as he (the learned
judge) formed one of the minority, it was necessary for
him to state that, whatever his opinion might have
been, or was now, he was as much bound to submit to the
decision of those eight judges us though it were the decision
of the House of Lords, it being obligatory im him to submit
to the decision of the majority. They went, therefore,
in accordance with that, culled up for judgment. Althuugh
they hail nut had, in the commonsense of the word, an op-
ya,rtunity of making their defence, if they felt inclined to
make athilavit on their own behalf, of the part they took in
the yin:must:Lucca of the care, he was not disposed to pass
sentence on them, but forward them first to the learned
commissioner who tried them, fur his consideration. He did
not wish them to make up their mind hastily, but ho would
give them half an-hour to consider the matter.
Mr. Slade regretted he had not been instructed, as then
lie should have asked for the prisoners to have a trial.
The Judge—Than I should hare been obliged to have de-
cided against you, and drive you to a writ of error.
Mr. Slade—The exper.ses of which would have been so
great that the prisoners would not have been enabled to take
advantage of it.
Mr. Cox, having communicated with the prisoners, in-
formed his lordship that the prisoners would adopt his sug-
gestion, and make the necessary atlida%
Mr. Roue, Q.C. (for the prosecution), said that he must
ask permission to sec the affidavits when made, and, if ne-
sassary, answer them.
The Judge said that could be done, but the aldarits
Immo be so made and transmitted, to Mr. R. Gurney, that
lir (the learned judge) might receive the answer by Monday.
It war, ultimately suggested and agreed that the learned
judge should sentence the prisoners, and the affidavits be
for warded to the Secretary of State for a mitigation of the
montane.
His lordship then observed, that with regard to the case,
he might take the opportunity of saying that it was the
general opinion that everything that could be done in
favour of the prisoners in arguing the we before the judges
had been done for them, and this was also his opinion and
that of the members ut the court. It appeared to be the
opinion of the learned gentleman who hail been engaged
for them that the best course would be for him to sentence
them, and fur their affidavits to be forwarded to the Secre-
tary of State, where they would receive every attention that
was necessary. The learned judge then sentenced them to
sixteen months imprisonment, with hard labour.
The sentence dates from the time of conviction, last
August.

SIR CIIARLE.4 JAMES NAPIER, after an absence of
two year. from England as Commander in Chief of the
army in India, arrived in town yesterday afternoon.
I)E.tTlt OF THE EARL OF :kir..tra.—The Newry
Tefegraph says " The venerable Earl of Meath expired
on Saturday, 15th inst., at Great Malvern, England.
His lordship was in his bOth year. The noble earl is
ceeded in his title and estates by his eldest son, Lord Bra-
bazon, now Earl of Meath."
LORD BEELEY.—Thii venerable nobleman's kill
has been just proved at Doctors'-ecenmonc, by which all
his personal property, sworn under 120,0001., has torn be-
queathed to his nieces, the Miss l'arrys and Mrs. Thornton.
Fuotscray-place, along with his other valuable estates in
Kent and Gloucestershire, have been left to his nephew,
Arthur Vansittart, Esq., of Shuttesbrook Park, Berks.
PONONING NEAR WtsuLcu.—The adjourned in-
quest was held yesterday on the body of Mrs. John Dear-
love (the particulars concerning whose death were given in
Tuesday's E.rpress). No evidence was offered to fix the
charge upon the girl isle is suspected, and the jury have
returned a verdict of " Wilful murder against some person
or persons unknown." The girl gave her evidence in a very
straightforward manner, and never betrayed the slightest
fear or agitation, or changed colour in the least during her
examination. The evidence of Mr. Jerfet7, surgeon, went to
show that a great quantity of arsenic was found in the
stomach, and also in the pudding. In the garden where
deceased had vomited the rain had washed away the food,
and left the arsenic strewed un the ground like sand. It
appears that Mrs. Dearlove male the pudding herself, but ! ItCll5l. POLICE.—At a meeting of Surrey magi,-
lett it fur the girl to tie up and put in the put ; and, upon ' hates, held yesterday, at the Court-house, before Thomas
tasting it, she went into the kitchen, and said, " Why, Jane, ; Puckle, Esq., and a full bench of raagistrates, the report of
whatever have you done to this adding ; I never tasted the constabulary committee was read and adopted, detail-
anythin; so nasty before." The food, which deceased lug the negotiations with the authorities at Guildford and
vomited, and which bad been made away with, was found other places, relative to the establishment of additional po-
en Tuesday. It had been carried through the garden, and ' lice stations, for the purpose of increasing the efficiency of
thrown into a dyke on the opposite side of the hedge ; so the rural police. It also recommended the appointment of
there had evidently been an attempt at concealment. Ar- I another superintendent of police, and that au application
sepia was found there also in abundance. Mr. Dearlove is , should be made to the Secretary of State for the Home De-
positive cs to having discover.d the arsenic basket Uo tho p.irtment upon the subject—a eh-iliac which could be ef-
granary ilaor. smith, contents Xs:tier:l, when he hal Lit freed by the reduction of one chief inspector and one con-
it slang up near the ceiling. i gable, without extra expense to the county.