The Express.
London, England, 1847-08-06 00:00:00

THE EXPRESS, FRIDAY :

to his abode, and there, with a great blowing of horns, yell-
ing, and clamour, to knee themselves into the premises, and
smash all the moveables therein, and in case of opposition
by the owner, to beat and punish him without inflicting any
serious bodily injorv. The name by which this is known is
Scotching," and for participating in it, parties from time
to time have been punished under en indictment for riot and
assault. The present charge was framed in order to put a
stop. if possible, for the future, to these lawlese proeeediup.
The prosecutor worked in the same colliery with the pri.
goners, and was suspected to be in the receipt of leas weekly
wisps than themselves, though there was a strike for higher
wages then in contemplation. On the night in question
these two men, in company with other colliers, and a mob,
proceedei to the prosecutor's house, which stood in a row of
14, and brake all the windows and smashed every article of
furniture in the kitchen ; the prisoner Williams, with two ether
men, then went upstairs, and, uttering barbarous threats,
searched for the prosecutor, and threatened to kill his wife, if
she did not tell where he was. They however, did her no in-
jury, and were unarmed, except with tin horns. The resin
defence set up by Mr. Skinner and Mr. Cooke wag, that the
prisoners had no intention whatever of killing the man, or
doing him any personal violence ; he was under the fed
during the search, and if any injury had been intended, they
would not fail to have looked for him in the most likely of
all places an alibi was also sworn to for each of them. The
jury, after Mr. Justice Coleridge had summed up, found that
the prisoners were at the prosecutor's house on the night in
question, but not with the intents charged. This amounted
to a verdict of Not Guilty.

MIDLAND ClRCUlT.—Wanwiex, AVOUST 5.
The business for the Coventry division of this county
finished at an early hour yesterday. On the crown side
there were 32 prisoners, the whole of the offences charged
being, with one or two exceptions, nothing beyond passions
cases. This county, for assize purposes, is parcelled out into
two divisions, which has been productive of great practical
inconvenience, and has been alluded to as such, both by
were of the judges and grand jurors. Mr. Baron Rolfe, these
very assizes :took occasion to advert to the circumstance.
For the Warwick division the commission was opened yes.
terday, with twenty-eight causes, four are special juries, and
a calendar containing the names of forty-five prisoners. Of
Saar one is charged with murder, one with manslaughter,
mom with burglary, one with intent to do grievous bodily
hares, the rest being common cases of stealing.
Before Lord Denman Ind a Common Jury.
HAYWARD V. BROOKES AND ANOTHER, ExECOTORS.—
AMON tinge PlicodilleB.—Mr. Miller and Mr. Adams for
the plaintiff, Mr. Humfrey, Q.C., for the defendants. The
plaintiff in this case is a twachmaker, residing at Birming-
ham; the defendants are the executors of Mr. John
Brookes, a farmer, late of Lapworth, and the ac-
tion war brought to recover compensation in damages
for injuries done to a gig lent by the plaintiff
to Mr. Brookes, as far back es 1844, and which
had not been returned until the latter part of 1846, and was
then returned in a state that required an outlay of 121. to
restore it to its former condition, for which sum the present
action was brought. —Mr. Humfrey for the defendants stated
that a more paltry action than the present had never bum
brought into a court of justice. The plaintiff had bass y-
ing his genres/es to a daughter of the late Mr.
that young lady being in delicate health was adviesElq Mr
medical attendant to take carriage exercise, the plaintiff I
thereupon lent the gig in question for the accommodation a
Miss Brookes. During the time it was in use it received some
injury from an accident; but, upon its being told to the plain-
tiff by Miss Brookes herself, he begged her not to say
another wnrd about it, that the damage sustained would be
set right for thirty shillings or two pounds. In 1846 the
father died, and it being soon found out that he had not left
so much money behind him as was expected, the plaintiff
ceased after the first month from paying those attentions he
had paid before, and, in the end, brought the present action
against his intended father-in-law's executors for the injury
done to the gig. The facto as stated by the counsel for the
defendants were proved by the y oung lady and her mother ;
and the jury immediately gave a verdict for the defendants.

EVENING, AUGUST 6, 1847.

with the woman OM& Theta seas another singular circum-
stases stated—that his wile UAL lama ill twelve days; if so,
he mot love conteaemetil admilddladil the 'realm to her
immediately ader he had rue-head son the first occasion.
When the medial men ante to esalyse the stomach and
intestiaes, they fund between thirty and forty grains of
arsenic and all the marks of inilasmatica and irritation that
would result from taking arsenical guns, and they bare no
doubt that this poor woman died drum taking arsenic, ad-
ministered to her by degrees, in small doses, time after
time, and that her sufferings mud have been dreadful.
The greater portion of these facts were deposed to in the course
of the day by a large number of witnesses. The woman
Cain admitted that the prisoner carried on a criminal
intercourse with her up to the time of his wife's death, re-
presenting himself a widower ; and a person named William
Graham, who was in the shop of Mr. Carlisle, druggist, on
Whitsunday hiring night, when a man came to purchase
arsenic, swore that the prisoner was the man who bought it,
and that the packet given to him was labelled, " Arsenic—
Poieon."
The evidence for the prosecution bad proceeded thus far
when the court rose, it being eight o'clock.

NORTH WALES CIRCUIT.—CmEoratt, Auo. 4.
Tun Binur.:CHEAD AREION CAgS.—Joseph Clayton and
Ralph lWeWafer were arraigned for arson at Birkenhead, and
pleaded not guilty.—Mr. Townsend, for the prosecution,
made application for the postponement of the trial. Tho
charge was an attempt to defraud an insurance com-
pany. They were only committed on Friday lost. It
was necessary for the prosecution to produce a certain policy
of insurance for 10001., made in May, 1341, with the Sun
Fire Office. It was thought to be in the possession of Clay-
ton. Notice to produce had been given, and it had been
searched for; Clayton's wife had stated that it was with
her brother at Wantage, in Berkshire. It was now too late
to produce either policy or secondary evidence at these assizes.
Mr. Temple, for the prisoners, resisted the application at
some length, and contended that the declarations of Clay-
ton's wife could not be received.—The Judge : Why not?
It is not evidence for the jury, but an application to the
court on affidavit ; and it was the constant practice to insert
hearsay evidence in affidavits.—Mr. Temple urged that the
prisoners had been in custody since the Tuesday previous to
the committal, and the necessity of producing this policy had
been known all along. The magistrates no doubt committed,
because they felt there was a cue on which to go to trial.
They might otherwise have remanded.—The Judge: s!
And if they bad there would have been no necessity for this
application.—Mr. Temple again urged the great hard-
ship on the prieoners, who had been put to great
expense in preparing for the defence at this *wises.—
If his lordship would consent, perhaps this policy might
be admitted.—The Judge: I cannot admit it. All the
Queen's evidence must be heard,.not admitted.—Mr.Temp!e
then enforced his objections to the postponement at some
length.—The Judge said that it was his duty to postpone
this trial. If it was quite clear the policy was not in the
possession of the prisoner, still there might be a question
about secondary evidence ; and however that might be, it
was clear that there was not time to produce it. It would
be unseemly to the course of public justice, that thin and all
other trials, should not be fully disposed of.—Mr. Temple,
on the part of the prisoner, applied that he be admitted to
bail. —The Judge : That man be the subject of mother
application. It may be made tome, or to a judge at chambers.
It must be supported by affidavits, and probably those affida-
vits may be answered.
MANSLLUCIIITER. —Ellis Lingo rd, 37 and Ann Shatacros

, .
39, were charged with haviest, on the, sth April last, com-
mitted manslaughter on the body of William Sbawcrow, at
Dukinfield.--Mr. Trafford stated that on the night of the
sth April, the deorased was at the house of the female pri-
soner in a state of intoxication, and that a disturbance took
place. He was turned out, and the female prisoner struck
and kicked him: be died next day, audit was found that the
cause of death was ruptured abdomen, which might have
been caused by a kick and blow. The case was wholly sup-
ported by circumstantial evidence, and a great number of
witnesses were examined.---The jury found both the pri-
soners Guilty.