The Express.
London, England, 1851-08-05 00:00:00

THE EXPRESS, TUESDAY EVENING, AUGUST 5, 1851.

ASSIZE INTELLIGENCE.

MIDLAND CIRCUIT.—CovExTRy, Avo. 2.
Then, WAS only one cause for trial here, and 14 prisoners.
he charizt were not of a serious nature.
IfirolDa Mg. UWE NESS APO A COMMON RAT.
But v. KENDAL..

This was an actiTs;:Fir.7.p... for breaking and entering
the plaintiffs house and premises and seizing his goods and
farming .took.
The plaintiff had derived the property in question from
his deceased wile, and the defendants were the trustees fur
her children by a former marriage. The plaintiff hail given
a bill of sale to the defendants to secure an outstanding
claim which they had upon the property ; and under that
bill of sale the defendant. justified the seizure for which the
present action was brought. It turned out, however, that
by the terms of the deed the defendant. were to give 24
hours' clear notice of their intention to seize, and they had
nut complied with that condition ; fur the notice was served
on the 24th of February of their Intention to seize on the
Nth. A futtber question was raised upon the construction
of the deed, whether the property had passed independently
of that stipulation, so as to disentitle the plaintiff to main.
lain tennis.
The learned judge directed the jury to find for the
plaintiff for the valor of the goo d. taken, but reserved to
the di fendaut leave to move the court to enter the verdict
fur the defuulant._.

The jury accordingly found a verdict fur the plaintiff—
Damaget, 1%!,

WAILN li..k G. 2.

The eommiwi•na Fnr thi. di*ivion of the county wss
open. d thi. evening, and bu+iucss will commence on Mon-

y morning.
The euleniter iv light. It eontoino altogether the name■
of 33 pri•oner-, charged with the following udences
'Laughter, 1; cutting and wounding, 3; bigamy, 1; un.
natural olfence, 1; roihery with violence, 3; arson, 2;
uttering counterfeit coin, 1; burglary, 2; perjury, 1;
huu••:breaking and larceny the remainder.

A.,41•41' 4.

Their lordships uttentirii divineft Twice rsterday.
The Crown Court was opened this morning at 10. The
calendar cuntaitml butthe:patui of 20 pri.wiers for trial for
offences committed in the county, to which must b 3 added
seven from the borough of Itirniingham. The abuse num-
bers show n very sati-lactory rieluetioni in crime u com-
pared with former pars. 1 here is one caw of arson, one
abetting lire to gorse, met manslaughter, four burglaries,

one bigamy, one jpoaching, one perjiiry, two ttAbliinK with
&c., two gelding trona the person, aceorup.ulied with
:Kt., one of unnatural t rime, 4!e.

•Sul PIM • 04.11a.—IihrOlti MIL B•anir Pinto,
ltli HARD, r. lit TiltitiOßD.—SEl,Ut

This was an action to recover damages on account of the
seiluttiou of the plaintiff's wile by defeudant.
William Rich:int., on ezanduatiou, sail—l ant a brother
to the plaintiff, wlvese 11a11.4: is John Richards, and war
present at his otarria4o in Itt49 with Jane Vickers. I fre-
quently visited theta afterwards at their residence at
Sheutou, near Nottingham, anal they seemed to live upon
the most affectionate terms. The plaintiff was, at the tame
of hi. marriage, lace agent, but he afterwards opened A
boa/Jinx-hulks. iu addition to that business.
by Mr. Macaulay—My brother went to America in 18i0.
It was in constituency of a ilituinution in his lace basalt,.
I that my brother opened the Issinling-housc. The name ut
his wife'. sister i. Mary, but I cannot .ay if she lives w ith
icy brother or not. 1 did not know mita a wit k after that
ha. had go,l/k. to Atuerica. There was a commercial room at
Sheraton, where the:. commercia/s— sat. Ido not know
. .

Ciat my 'brother's wife klt him during any part of the time
the boarelin,•-house was open. I always saw her alien 1
Melt to the 'home. 1 never saw any friends or visitors
there except her sister Mary, nor did 1 ever hear from my
brother that his wife had stone to Brighton.
Mary Turner—l am sinter to Mrs. Richards. I lived
with her and her husband unit within the hut five mouths.
Mrs. Rh hard, was e.bout IS when she was married. She
has had fear children. My brother-iu-law and shit, r had
one quarrel when they kft their house, but with this cx-
eeption, they heed " very comfortable. ' I know the de•
Umlaut. When he Cattle to the hoarding house, he said he
was in the stone line, and kept 100 men at work. Ile mill he
had a horse for which he had given 1001.' and that he
"seed not be iu business at all if he did not wish
it as)o. had sufficient to live upon without it. Ile is about
W Tears of age.
Mr. Macaulay—l must give my learned friends notice to
produce him. (Laughter.)
I never saw anything Improper between him and Mrs.
Richards at the boarding-house. I beard Mr. Rutherford
my that Mrs. Richard'. had given him the 301. her husband
had left with her to take some business in Birmingham.
They went and opened a provision shop there. The children
were left at tile grandmother's, with the exception
of the eldest, who went with them. The defendant
slept in the house at Birmingham in a vacant roam
with my sister the first three nights after he came to Bir-
suinglittin. Ile then left, but returned iu a fortnight, and
again skid iii the same room with Mrs. Itichards. They
were absent frotu the house for several nights. They re-
turned on the Snotty, and went away again on the next
day, saying they were going to the Exhibition. They were
absent a fortnight. Aletti r came soon after this from New
York, which bud been directed to Nottingham, and from
there fuwarded to Birmimileim. It was taken to Mr.
Rutherford, who read it ; he said my sinter must pack up
all her clothes, and he must go away from home.
Mrs. Richards f.ft in three or four days with her
clothes; she went in a ear with Mr. Rutherford. Mr.
Richards Caine' home en the next Tuesday. I went to Not-
tingham, to find my sister. but I could not do so. I then
returned to Birmingham, and told Mr. Richards that hi.
wife had gone away with Mr. Rutherford. Mr. Richard.
was very math put about, and shed tears. Mr. Rutherford
returned in a fortnight, or three weeks, and said he would
make it up. ile ,aid I was the cause of my sister
going away, in telling Mr. Richards that she had gone
away with him. Rutherford said he would transfer
the shop to me; which he did. When Mr. Richards
came back he took lodgings in Lynch-street ' • he took
the furniture brought from the hoarding-house, but lie left
all that had been purchased in his absence. Ruth-
erford came and toll me to put the shutters up, and I told
hint toile his dirty work himself ; he then told me to lease
ilia shop, wheel[ I did. Mr. Richards had then been at
home use weeks. Mr. Rutherford told one of the children
m my presence that he would give her 2W. to persuade her
father to make it up.
Curs-examined by Mr. Macaulay—l lire in the same
house as the plaintilf. Millard. has done nothing since he
came front America. Ile was at Nottingham on Saturday,
bat I cannot tell what for. I was very:tnueh shrieked
when my seder slept with Mr. Rutherford); but I did not
tell my sister so, because I thought she would quarrel with
me, and we nosey hail quarrelled. Mr. Rutherford said he
would give N. to make the matter up. Mr. Richard. sold
his goods to bring the present action. The plaintiff and
his wife quarrelled once at Nottingham, but I do nut know
what about. I remember Mr. Richards being with Mr.
Adderton, of Nottingham, whom he left of his own accord.
At this very particular time the servant was confined with
twins. I don't know that they were his.
Some other evidence was here elicited in cross-examina-

Con to *how that the %lie of the plaintiff had charged him
with haring eommunicaied a loathsome illams to her, in
auswerto w hieh he had net used her with its introduction.

By bit lordship—Was this the time when you say they
lived upon mull happy terms with each other ?
1-co. it II
The chnnilk.mitaid of the London Coffee house, at Bir-
recoVerted di.fee.lant coining there with some
woman, awl that they lived to:, titer an man and wife.
Mr. Mataulay haring oath.,-•,d the jury on Iklialt of the
detchtlant,

wife of Samuel Kilbourne, sawyer,
Nottingham. V. itne.“ thit about sixteen years ago
she lived in service at Nottingham, and plaiotiff WM em-
ployed then• alm to clean the boots and knives and carry
out the lace. was di livered of twins, of which
plaintiff was the faith,:
Verdict fur the plaintiff—damages 131.

N()ItTILEItN ClltCClT.—Nr.wcAstte, Ara. 2.
tior Paws Purr.
The learned judge sat in the Nisi Prim Court at the
Moot Hall. at nine o'clock this morning, and proceeded
with the county cause lint, which contained but three
eau,,.. and in the Not the record was withdrawn, without
any Particulars coming twfore the court.
FAW, elc I.
which wa. a op-, vial jury case (though a tales bad
to be prayed), excited much interest. front the direct con-
tradictions as to matters of fact, and from the difficulty of
reconciling them without a serious imputation upon either
one side or the other.

The plainulf, a druggist, of respectable character, and of
sufficient means to account for his having the sum involved,
asserted that on June 3. 18-10. he had deposited in the bask
of Messrs. Lambton, at Newcastle. 1001.. in addition to a
previous deposit of 751. la support of this statement, be-
sides strong circumstantial evidence, a deposit receipt for
that suns at that date was produced from the bank, and a
fresh deposit note, dated July 11, 1851, was given to plain-
tilifor the same sum in ezehange for the old receipt, on
which latter day he also received interest (or a year on the
1731. On that came dal' a clerk named Arundel, on comparing
the cancelled reocipt with the hank-books, found
no entry of the 1001. ; and a cashier named Clarke
wlin had b. en lean in the bank) who hrd given the
receipt. and had received it and paid the interest, stated
that the 1001 was a mistake on his part is the hurry of
bossiness which there was nothing in the usual balancing to
discover. Ile admitted that he ought not to have renewed
the receipt without comparing the old one with the books ;
bat gave ass reason the absence at the time of Arundel,
whose duty it was. On the one side it was urged that if
the money had been paid in and not entered, there would
have been a surplus of lOW. at the balancing in the evening ;
but it was suggested, on the other hand, that, if the party
receiving the money had put it into his pocket, no such
re discpancy would have occurred. It was shown in evi-
dence that mistakes had frequently occurred, but it was
said that they had always been soon rectified.
The udge. in addressing the jury, remarked that if the
plaintiff's account was not true, he and his witnesses were
guilty of a foul conspiracy; while if the deposit had been
made, it was scarcely possible to account for it on a suppo-
sition of error.
The use oeeapisd nearly Hee hours ; sad the j after
a few asfewles. iliiherligess found ler the p'sietiti for the

lOW., expressing their belief that he had deposited it as he
said.
The third ease being likely to occupy a whole day stood
over till Monday.

WESTERN CIRCUIT.—Bonxtx, :Ararat 4.
On Saturday evening. th.• judges on the Westi, nCircuit,
the Hight lion. Lord Campbell, and the Right lion. Sir J.
T. Coleridge, entered Hodmin, having been met, as
usual, by the high sheriff, W. Williams, Esq., and an im-
posing array of javelin men. Lord Campbell immediately
proceeded to the Assiee.hall, and opened the commission.
This morning Lord Campbell took bis seat in the crown
court at 11 o'clock. The grand jury hosing been sworn,
his lordship delivered the charge, commenting on the light
nature of the calendar, both as regards the number of cases,
and, with two or three exceptions, the nature of them. From
a return laid before the House of Commons, it appeared
that in 1849, there were 277 commitments, and in 1840 there
had only been 226 commitments; he hoped they would go
on to extend the benefits of education in that county, for
it appeared from the chaplin's return of the pri.oners then
in the gaol, that only one third could read and write per-
fectly. After a few other observations, he dismissed the
jury to their duties.

THE POLICE COUR7's.
THAMES.

In the eue of a man named James Barry, milkman, 13,
Plough-street, Whitechapel, who was charged with arsault-
ing Jane I'urcell, his milkmaid, he said, in defence, that he
struck her because she put three pints of water into the
milk.

Comp anuint—He told me to.
Mr. Yardley—Who put the chalk in ?
Complainant—No one, sir. They put something like
liquorice ball in it. (Loud laughter.) It not likely rd
put water in the milk to crib it. He told me to du so, be-
cause his old woman was asleep.
Defendant—She put too much.

Mr. Yardley—ll.w much ought she to put ?
Defendant-1 don't know that's my old woman', work.
She went putting three half-pint, of water in to defraud
the people and " utiultify " the "new milk."
Mr. Yardley—Why, do you mean to pay you never
water it ?

Defendant—Oh no, I can't ay that.
Defendant's wife--I'm the doet‘r, sir; I'm the doctor.
(Loud laughter.)
Mr. Yardley—You may think it's a joke, but it's a gross
fraud: it's as bad as stealing. I have lcard quite enough
of this. You are fined IN., or seven days' imprisonment.
The defendant ultimately paid the money.