The Express.
London, England, 1847-11-01 00:00:00

and would let the other side know whether they would issue
out a writ of prohibition or not.

CENTRAL CRIMINAL COURT.
OLD CM: RT.—Wore Mr. Jo.t!ce cresswell.

CHAROK OP MANSLACOHTEII. IV. J. Clifton SHITtn•
dered to take his trial upon an indictment charging him with
the manslaughter of his wife, by inflicting a mortal injury
upon her person by a kick. The prisoner was a printer,
and resided with his wife in Beecham-street. They lived on
good terms, except upon ow-snores when the wife got in-
toxicated, and this unhappily very frequently occurred.
Upon the evening the unfortunate occurrence took place
the deceased was very drunk, and when they were going to
hive supper she drank a quartern of gin and also all the
supper beer, and upon the prisoner remonstrating with her
she abused him in groin terms, threw a poker at him,
and also struck him ; and it seemed that the prisoner while
' under the excitement naturally occasioned by such con-
duct inflicted the injury in question, hut it was pretty
clear from the evidence that the kick was intended not to
occasion any material mischief, and that the fatal injury was
to a certain extent the result of aceident.—The jury found
the prisoner Guilty, but recommended him most strongly to
the merciful consideration of the court on account of the
great prevocation he had received.—Mr. Justice Creswell
sentenced him to one month's hard labour.
FORGERT.—C. C. llicds, who was convicted on Thursday
of uttering a forged order, was arraigned upon an indictment
for misdemeanor under precisely similar circumstances. He
was found guilty ; and it appeared there was another charge
of forgery against him. He was sentenced to be imprisoned
and kept to bard labour for one month upon the conviction
for misdemeanor, and at the expiration of that period to be
transported for seven years upon the other indictment.
CONVICTION UNDBR rue BANKRUPTCY ACT.--42.
ton, whose conviction under the Bankruptcy Act was re-
ported on Saturday, was then placed at the bar. The pri-
soner was indicted for felony, in not having surrendered
upon the day appointed for his final examination, and the
indictment charged that his neglecting to do so was with an
intention to defraud his creditors. No evidence, however,
was offered to support that portion of the indictment, and
the jury returned a special verdict, finding that the prisoner
did not appose before the court as alleged, but that there
was no evidence of there being any intention on his part to
defraud his creditors. The learned Chief Baron and Mr.
Justice Crewmen intimated at the time that they should
consider the question, and give an opportunity to the
prisoner's counsel to move the court in arrest of judg-
ment if they should consider it necessary.—Mr. Justice
Creswell now said that the learned Chief Baron and him-
self had further considered the point with regard to the
statute, and also to a decision of Lord Chief Justice Denman
and Mr. Justice Pattison upon the same question. Every
section in the statute contained the words " With intent to
defraud ;" and it seemed clearly to have been its intention
that penal consequences should ensue only upon that intent
being proved. The indictment also alleged the prisoner's
intention to be to defraud his creditors, and as by the terms
of the special verdict, the jury found that no such intention
was proved, the court was of opinion, in concurrence
with the decision of the Lord Chief Justice, to which he had
referred, that the indictment had not been supported, and
they therefore felt it right to give judgment for the prisoner.
The prosecutors would of course have the right to move for
a writ of error upon the special verdict.—Ordered to be
discharged.
BURGLARY AT THE EARL OF LISTOWZI:E.—J. Lerrrs,
aged 20, was indicted for burglariously breaking into the
dwelling-house of the Earl of Listowel at Knightsbridge,
and stealing some silver spoons and other articles, the pro-
perty of one of the servant, in the establishment.—The
prosecutor occupies Kingston House, Knightsbridge, and
the robbery in question must have been committed by three
persons, as footsteps of that number were found in the
garden. The thieves made their way to the housekeeoer's
room, from whence they stole some silver spoons and a purse
containing silver. The prisoner was clearly proved to
be one of the depredators, by the fact that he
and two other men were seen close to Kingston
House on the night of the robbery ; tbat his shoes
fitted exactly the impressions upon the mould in the
garden, and a button that was picked up was found to be
miming from the coat he had on when taken into custody.—
He was found Guilty, and there being a previous conviction
for felony against him he was sentenced to be transported,for
10 /ears.
CONCEALMENT or CHILD-BlRTH.—Matilda Horton, who
was convicted on Friday of concealing the birth of her child,
was brought up for judgment, and sentenced to 18 months'
hard labour. Her father, who was acquitted on that occa-
sion, wee tried before the Common Serjeant on Saturday
upon another indictment for concealing the birth of the
Name infant, and, upon his conviction, was sentenced to be
kept to hard labour for twe years.
THIRD COURT.—Before the Common Serjeant, Alderman Musgrove,
_ and Mr. Sheriff Hill. _
_

RITENBITE ROBBERY or PLATB.—Frank Auger, 21,
described u a porter, Henry Tarim% 21, a servant, and
Elizabeth Auger, 42, widow, were indicted—Parlour for
stealing plate to the value of between 2001. and 3001., the
property of William Burn, his muter; and the other
prisoners, Auger and his mother, for aiding in the rob-
bery, and receiving the property, well knowing it to Wm
been stolen.—The prosecutor, Mr. Wm. Burn, architect, of
No. 6, Stratton-street, Piecadall' y, stated that the prisoner
Parlour was his man-aerrant. The prisoner absconded as

the 11th Sept, and afterwards wrote to Mr. Burn, informing
him that he had taken the property, and he sent back a por-
tion by the Parcels Delivery Company. In consequence en
examination took place, the result of which was the discovery
that a very great quantity of plate had been stolen.
—Police-constable John Gray, of the D division, stated that
the prisoner Parlour, when taken into custody, entered into
a detail of the manner in which the plate was removed.
That wes on the 26th of September. On the 30th witness
proceeded to No. 16, Noel-street, where he apprehended the
two Augers. The mother said, when told that she most be
taken to the police-station, that she certainly had pawned a
quantity of plate fora gentleman in Bryanstone-square, but
she dewed that it wee with a guilty knowledge ; but, when
asked the gentleman's name, and the number of the house,
she professed ignorance of both. Upon searching, the wit-
ness found fourteen duplicates relating to Mr. Burn's pro-
perty, and she spoke of having done washing for Henry
Femora., but she did not say that he was Mr. Burn's
servant. Frank Auger said he had received books and china
from Paviour, and also a tea-eaddy and a silver mug. They
were pawned, be said, and Pavieur had the duplicates.—l..
Poole, shopman to Mr. Mortimer, a pawnbroker, produced
six knives, a candelabra steed, and other articles, which had
been pledged at different times by Mn. Auger. She was •
known customer, end upon visiting the shop on one occasion
she told witness that she was in the habit of pawning plate
for • gentleman of rather dissipated and extravagant:habits,
and if witness thought proper to advance money upon such
articles as she had to pledge she would prefer depositing
them at witness's shop, in preference to • neighbouring one
which she used. When asked the gentleman's name, she
said he wished that to be concealed. The witness produced
• considerable quantity of plate, identified by Mr. Burn.—
R. H. Cloud, shopman to Mr. Flemming, of Gilden-square,
pawnbroker, produced a quantity of plate, pawned by the
female.—The Common Serjeant: Do any of those articles
bear • crest? If so, how came you to take them in
so recklessly ?—The witness said the articles bad a crest on
them, end the prisoner put them off their geed by her
representations.—Common Serjeant Then you get no
expenses, sir.—C. J. Knight, shopman to Mr. Parker,
pawnbroker, Great Poland-street, produced other plate,
pawned by the female prisoner, who stated that it belonged
to • gentleman in the neighbourhood, who wished his noir.e
to be concealed.—Other pawnbrokers' assistants produced
other property, and the floor of the court was literally
strewed with the stolen property.—Mr. Burn identified all
the articles produced as his property.—Mr. Payne then
addressed the jury on behalf of the Augers. The learned
' gentleman said that there had been a gross breach of faith
in prosecuting the woman, through whose instru-
mentality it was that the property had been reaivered.—
The Common Serjeant, in summing up, said that
the evidence clearly showed that the robbery had been
committed by Parlour ; that Frank Auger had daily
intercourse with Paviour, and that the property had
I been pawned by Auger's mother. If the jury thought
that she could have pawned all that property,
Hering it to have been acquired by honest means, then
they would acquit her.—The jury found all the prisoners
Ouster—The Common Serjeant cold, they sat there to per-
form a duty to the public, is•Z2. that doll would not be exer-
cised unless the prisaite'rs were Kverely punished. There
was no d'Atbt as to tht, guilt of the three. What the go-
vern'r.oent might do..,th them he could not tell, but this
c'.,urt felt bound, in diacharge of its duty, to order that each
of the prisoners—Paviour, Frank Auger, and his mother, be
transported beyond the seas for the term of 10 years.
Scarfs tx Corar.—Whilst the jury were consulting in
the case of Parlour and the two Augers, Mr.Prendergast
entered the court and made an application regarding the
case of Holliday and others, charged with having conspired
to defraud. Mr. Under-Sheriff France interrupted the
learned gentleman, and said he ought not to make an ap-
plication whilst the jury were deliberating, as their attention
wend be abstracted.—Mr. Prendergast was very much as-
, tanned the he should be taken to task by an officer of
the eon (le seek, he said, were the under-sheriffs)
while anemia
_the court in the person of the judge—The
Under-Sheriff eali that thee,' wen deliberating, and must
not nave thee netonagenameed.—Mr. Prendergast con-
sidered this coning an the part of the under-sheriff highly
unbecoming and indeesnee and much beyond that autho-
rity assigned to him by his office. If he were to be called
to order it should lsranjudge and not by an officer ; and
were he to eaten 10 MMe should expect to be interrupted
nett by the amelcaspres, than whom undevshcriffs were not
muci higher only In nanee. He would not submit to such
conduct. The appliance was then made.

POLICE.-SATIIRDAY.
MANBION-1101783.—Cnrson or Fononto s Br.mr
DIVIDLND Wunniicr. —G. Ph*es was charged with
having forged the name of Themes Deans, the exe-
cutor to the property of a damsel perm, to a divi-
dend warrant for mew payable at the Bank of
=l Mr. Lewis, • in the Dividend War-
se et the Bank et Hafelead, said, ea the 21et init. a
dividend was elaiseit to be nestled by • pow ae exewder
at a iseeeeed poem% esewant, eferoft is the name of
Theme Banes. nevem whe appliedidiptelthehook)slhe
cleintent in the prams of wits who attuned the dew-
tere.—Kr. Bake, clerk in the Dividend Pay Moe, sag, ea
the Mat bet the warrant was preented M him for payment,
andihe pia it in two 61. ndr, rad I 2& 9e. lid. Lei.e
Vie web yeetheted by Mr. lrsideire dark was as of
them—U. Wale, he the 'vies el J. 011ter. dew
amber, MI Mkt items the pdieeer bask MOW. Oa
dr Silt boo be WWI at Kr. 011een dm and bad twe
.Ipie dandies% biota he which hi paid irlk aU. ask
imeived teeny. He gave the mar " U-
MW" which wee written on the note in the
pontemee.—J. Newton, clerk in the Dividend Varelt