The Express.
London, England, 1853-11-15 00:00:00

law intelligence.

COURT OF QUEEN'S BENCH.—YesTEB.DAT.
IMMO@ IN 41100.-111a011Z LOUD CANIBILL AIND MMUS 0011.11 PM.

WkIIITIIIAX. AND MLA.

Sal QUOIN ON TIES

OP Al4llOlll V. /I WO.

CRIMINAL INFORMATION.
•Sir F. Thesiger moved for a rule to show muss why a
criminal iolormatioa should not be filed sprat a person
named Frank J. Jervis for the publication of certain
Shallots venes, which bad been very extenaively circulated
against Mr. Henry Allsopp, of Fairloek-hall, in Derbyshire,
'ln which were oon Weed very serious charges agaiast Mr.
Allsopp, one of them being no lees than a charge of the
crime of murder. They bad with some difficulty obtained
information that Mr. Jervis was the author of the libel,
and they had retools to believe that several other persons
had been associated with him for the purpose of circulating
these slanders against Mr. Allsopp, with the avowed object
of driving him out of the county. Mr. Allsopp, who was a
magistrate and deputy.lieutenant for Staffordshire, and a ma-
gistrate for Derbyshire, and who carried on a very ostensive
busiaess as an ale brewer in Burma-upon-Trent. in 1849
took a lease 0 Fairlock-ball from Sir R. Burdett,
and inasmuch as In these verses there was some allusion
made to the conduct of Mr. Allsopp towards the farmers on
the estate, he should mention that it was a stipulation in
the lease that Mr. Allsopp should continue to preserve the
I=gic the same way in which it had been preserved
the time when the Burdett family occupied the pro-
gmmty the farms having been let to the tenants at low rents
is consequence of the strict preservation of the game. Mr.
Allsopp had ever since resided at Fairlockliall, respected and
esteemed by all the neighbourhood, continually showing
kindness and doing good offices to the tenants. To show
this he might state that there having once been a complaint
on the part of the tenants that the rabbits had very much
inflamed to the injury of their farms, Mr. Allsopp was
begged to allow them to be destroyed. He asked at what
period of the year, or for what length of time, they would
require it to take place. They said that December and
January would be sufficient for the purpose. Mr. Allsopp,
however, extended the time to the 9th of February,
and when that was not found sufficient gave them
nine months, during which they would be at liberty
to destroy the rabbits, offering at the same time to stabil
them it so doing with his men and nets. Oa the 16.. h
August last, Mr. Allsoppireceived by post the libellous's:ens
in question. They were priated, but no printer's WNW MIS
affiaed to the pubdcation. He bad since ascertained that
they had been sent to all the patient's In the nalgthenr.
hood—that they had been extensively circulated thron%
the county, and, according to the statement of Mr.
himself, they had be posted at Nottingham, Leirrsr,
York, and Manchester. Mr. Allsopp was utterly at • Imes
to know what cause of offence he had given to Mr. ierris
Mr. Jervis kept a commercial school at Re Mr 'air-
lock-lull. The only circumstance which Mr. maid
suggest to his own mind in explanation of the Nhlpt of
Mr. Jervis, was that there had been a boy of obi Orbit m-
eants placed at Mr. Jervis's school, and in-
risky, he thought he did not make re-
gress in his learning, he removed him, Mil *tied
him at another school at hisown expense. This ins do oily
circumstance likely to have caused irritation in Ike mild of
Mc Jervis, for he had never held any eomm mitst-
,ver with him. The vents ware headed w

of Striebnine." This alluded to the report that
been circulated some time ago that the bitter ale brewers
were in the habit of mixiag striebnine with their ain As
analysis of that brewed by Mr. Allsopp had beemair.a.
very eminent chemists, and as it was found st
his business had extensively increased. The leaned
then read the verses, which were addressed "To the Mar-
quis of Striebaine," and alluded in an ironical Millar 10
the business carried oohy Mr. Allsopp, spoke of him as
the farmer's curse, ridiculed his personal appearasee, se-
nsed him of great severity in the preservation of the game
on his estate, insinuated that, he was the cause of a person
devil. been shot, and compared him with "Levee' of
"Uncle Tom's Cabin."

Lt7;tieauspiell:ilow does the affidavit being home the
publication to Mr. umvis ?
84 F. Thssiger —By an adosiesioa, my lord, on his part,
that he is the author of it.
Lord Canspbeb—Take a rule to show cause.
Rule nisi.
DAXCIT V.

r. - LIABiLrn OP LODGING•

hovel lIIPIIIIII.

This was an action brought against the keeper of a
l{aadg to recover the vela, of a box and lie contents,
blot rag to the plaintiff, which bad bees stolen front the
defendant's house. It appeared that the plaintiff, having
been a boarder in the defendant's house and being about to
leave, directed a lad in the employment of the defendant to
take a dnuing-case down stairs and leave it In the passage,
which he did. The plaintiff then sent the lad to fetch a
cab, sad also sent another male servant of the defendant
upon another errand. One of these servants left the door
mar, and a thief came is and took the dressing-eme. It
was also alleged by the plaintiff that the defeadant
had previously expostulated with her servant for hay-
lag on former occasions left the door open. On the
trial Mr. ;maim Erle directed the jury that if they
thought merely that an inmate of the house hat
accidentally left the door open the plaintiff could
not recover, bat if they thought the servant had left the
door open after having been expostulated with by the de-
fendant, she had been guilty of negligence, and the plaintiff
was entitled to a verdict. The jury returned a verdict for
the defendant, and a rule mist had been obtained to set
said, that verdict on the ground of 'misdirection.
Mr. Bramwell now showed cause against the rale, on the
ground that the defendant, under all the eirmunstaams of
the ease, was not liable, having done ell she had contracted
to do when she received the plaintiff into her house, and
haring been guilty of no negligence.
Mr. M Chambers, in support of the rule, contended that
the defendant eras liable for the negligence of her servants.
The court took time to consider its decision.

COURT OF EXCHEQUER.-YESTERDAY.

WITIKeII AT NMI

This was the second sittings at Westminster dating the
present terns. The list is, we saderstand, the largest ever
known, there being no ►ees than 86 easels cm the paper—
three of which only are reassume. Last year there were
only 19, and this was an excess over the previous yeas.

P•LIIII O. TOWARDS.-LCCIDIST TO • CIIILD.
This was an action brought by the plaintiff, by her next
friend, to recover compensation in damages for injuries in-
flicted on her by the defendant's servant. The defendant
pleaded not guilty.
Mr. Baritone Wilkins and Mr. Lewis appeared for the
plaintiff, and Mr. Knowles, with whom wee Mr. Skinner,
for the defendant.
It appeared that the plaintiff, Eliza Palmer. a child ailed
fire years, the daughter of a teacher of languages, was play-
ing in the road in front of her father's house, in Sidney-
street, Caledenian.road. along which the defendaat's ser-
vant was driving a horse and cart with a Ivied of ashes at a
very moderate p ice, when she came in contact with the
horse, was knocked down, and had her right am broken.
She 'wee then removed to the Royal Free Hospital, when
it was found necessary to amputate the arm. From some '
cause not stated, a second amputation beams naceleary, and
the child was discharged cared, with the exception of the
loss of the limb. Several petsous, inciadiag the father of
the child, were called as warmed., and their testimony
generally went to show that the driver was seated on the
shaft of the cart, and was not holding the reins when the
accident °centred. It was, however, admitted that he
pulled • es loos as he possibly eyed, that he bad not
preyNnaij seenthe child, who ran mem the road and thus
sae in contact with the hone.
For tha defendant it was contended that the aceideat had
occurred solely in consequence of the negligently of the
plaintiff, but no witnesses were milled in support of the
allegation.
Kr. Baron Martin bevies rammed up,
The jury found a verdict for the plahttift—tlemages 201.

INSOLVENT DEBTORS' COURT.—Yzenumty

SEMIS NIL

IN 1n 0111 ALIS PINMILL 111/.101.
This insolvent, who had been a elerk in the Post-office,
was further beard on his application to be
Kr. Donets opposed for a creditor nadimscedarrat, and
Kr. Cooke (Mr. Sergeod with him) supported.
The point was that the insolvent had matmeted a debt
with Mr. Law without reasonabld expectation of payment.
The case was before the court on the let instant, and stood
adjourned until to-day to arrange. No settlement bad been
effected, and it was now proceeded with. The debts were
2,6001., and the income had been about 11W. • ear. It
was therefore urged th it debts had been in without
?assemble means of payment.
The insolvent said his friends, sines the last bearing,
would have paid the debt of Mr. Law, if he would have
consented to entigrite to Australia on an appointment of
701 a year. He refused ; and although they had success-
fully kept the cue out of the papers, they would not settle
to get him out of prism.
Mr. Commissioner Phillips deferred giving judgment to
Thursday. His opinion was that it was a case for a remand,
if Mr. Law continued his opposition on that day. He
thought the insolvent had been under some delusions, and
he had no doubt that he had on one subject, which was as
to his friends paying to keep his *sae out of the papers;
such a thing, be was confident, could not he dons.
Mr. Cooke remake(' that the insolvent had said his
friends were ahxious to keep his ease from the public.
His Honour repeated to the insolvent his opinion on the
suldeet.
The ease was adjourned to Thursday.

MIDDLESEX SESSIONS.—YorrumiT.
The November general session of the pesos for the county
of Middlesex commenced this morning at Clerkenwell.
There were eighty-nine prisoners for trial, eighty-four being
charged with felony and five with misdemeanour.
Robert Porter, who was convicted at the last session for
having stolen a watch, was brought up for judgment.
The Assistant-Judge inquired if anything had been
ascertained of his previmu character.
Loekyer, an officer, said that the prisoner was the sass
ma as Robert Harding, against whom a bill bad been
immieed by the grand jury on the 19th of September for
• watch.
Tisell'riaosser--(indignantly)—Do not say "stealing" it.
Tea melt asessol of stealing it.
r—Re is well known in Coldbath-flelds Prison,
hwryfm
I lithesosth toted out a polissataa who has had
sepuisillria dy.
Pallwenobble 2791 titre stated that the or had
bo:::lo=destetuait, Worshipstrest to titres
Sat sliellaffa wig* mid to an

mos* at

for being oosinratid with

isother is robbing a ;omen.
Prisoner—lt way all on suspicion. There was 'tithing
against me at all.
The Assistant-Judge—l think that in the case where the
bill was thrown out the prosecutor did not appear.
Prisoner—lt is all suspicion.
The Assistant-Judge—Well, notwithstanding its being
allsospides, yea have this time been tr.ed for stealleg a
watch, sad the jury have thought you guilty of it. You
arc a regular pickpocket, and the sentence of the court is
that yes be kept in penal servitude for four years.
Frassinm—Four years on suspicion! Well, that is a
Sn Iraq
win than removed.
Biwa Sissit, 22, sad John Harrington, 40, were in-
dicted for having stolen an ingot of copper, the property of '
the St. Katherine Dock Company, in the ship Fancy, in
the port of London.
Mr. Clarkson appeared for the prosecution.
From the evidence it appeared that, on the 24th of
October, the ship Fancy was discharging her cargo, con-
sisting of copper and hemp, in the St. Katherine's Docks,
and on that day the prisoners, who had nothing whatever to
do with the ship, went down into the bold of the ship, and
inquired of the person in charge of it at what time the
cargo would be discharged. sheen wee told at hslf-past
one that day, and he was afterwards observed to pick up an
ingot of copper and to walk away with It to the fere part
of the ship, Harrington having already preceded him in
that direction. Harrington, whilst in the hold of the ship,
offered a man of the name of Heath some beer, which be
refused, but this raised his suspicions. The next time he
saw the prisoners Harrington was standing before the
mainmast, sad Sheen walked up to him, and he then saw
Harrioeton putting something away in the bosom of his
shirt. He then went up to him and asked what he was
about. He said, " nothing," and then offered hint •
shilling if he would take no notice of him, for It was all
right. Heath declined the offer, and on searching Harring-
ton found the ingot of copper concealed in the b)•0131 of his
shirt, which was identified as part of the cargo of the ship.
Heath then took Harrington and gave him in charge of a
watchman to convey him to the police-station. Sheen
avoided him by going up another hatchway, but whilst the
watchman was taking Harrington away became up between
them and tripped him. Sheen calling out, "Step it, Jack,"
and both ran away. The watchman followed, but both
prisoners succeeded in making their escape, but were sub-
stleently taken into custody.
Harrington denied that he was there at all, and Sheen
disclaimed all knowledge of the robbery.
The jury returned a verdict of Ossify against both the
prisoners.
A former conviction against Sheen at the Central Criminal
Court in February, 1862, was then proved, upon which oc-
casion he was sentenced to six month.' imprisonment for
stealing 331bs. of copper from • vessel in the river, and it
was stated that another conviction would have been proved
against him but from the fact that the constable who could
have proved it bad left the force and could not be found.
The Assistant Judge sentenced Sheen to penal servitude
for four years, and -Harrington to hard labour and im-
prisonment for eight months.