The Express.
London, England, 1862-02-05 00:00:00

MIDDLESEX SESSIONS.

(Before the Amistant.Judge.)
The governor of the House of Detentioe, Captain coda,
attended to answer the complaint preferred by Mr. Best on
Monday against him, of having refused to allow Mr. Justice
Mellor's clerk, with • solicitor engaged for the defence, to
see two prisoners. They were admitted within the gates,
and the inns turnkey was informed that the gentleman
was the clerk to one of her Majesty's judges, and that he
attended to take the affidavits of the prisoners, it being
necessary that such a course should be taken in order that
an application might be made fur a certiorari. The turnkey
refund to admit him, and the reason given fur the refusal
was that he, the clerk, had no letter from the judge to
show who he was. The governor urged that this was neces-
sary, according to the rules and regulations of the prison,
as laid down by the visiting justices. The turnkey went to
inform him of the application, but before he could get to the
inner pte the judge's clerk had left. He had however '
waited 20 minutes.
The Amistaut-Judge said it certainly was an irregular
proceeding, especially as the turnkey was informed of the
pump.e for which the clerk attended, but no doubt it would
not occur spin.
James Daley, 29, hawker, was convicted of stealing a
! watch from the person of Bristow Tully, on llungerford-
j bridge.
The pthener, when before the magistrate, contended that
' he could not be sent to these sessions, his point being that
the offence was committed in Surrey.
Loekyer, the prison dicer, said this was with the idea of
his not being recognised as an old thief and a frequent in-
, mate of the Middlesex prisons. He had been convicted
four or five times.
The Court sentenced him to four years' penal servitude.
Nary Ann SrastA, 43, tailored., pleaded guilty of stealing
a hearth-rug, value 7., the property of !mac Davis.
Mrs. Howe, warder of the Westminster prison, proved
fourteen former convictions spinet her.
She was sentenced to four years' penal sedvitude.
William Dolling, 32, John Aloppott, 34, and RieJusref
Aldermen, were indicted for stealing six sacks of corn, vans
30c, the property of licary Woolley and another, their
masters'
The prisoner Alderman was Acquitttd ; Dolling and
Moppett were found Guilty, and sentfmced each to twelve
months' hard labour.
The prisoners were employed me ammo to tako eetu from
Paddington to Camden Tows, and disposed of six rani on
the road.
James Hons/or. 31, lately a pollee-wadable at Hamp-
stead, wee indicted for unlawfully tad maliciously wound-
ing Sophia Hensler, hie wife.
Mr. Cooper was comma fur the prosecution
Mr. Bowden
was for the defence.
The prosecutriz stated that on the 23rd of Jannary she
was athoene- at Danny% Hendon, when her husband came

home at about half-past one o'clock, and asked her if any
one was coming to take away her things, or to go away with
her. She said, "No, decidedly, no one." He then said,
" Will you continue to live with ins now I" She said
"How can 1 when you have used me an you have done
This referred to past times, more particularly during the
last eighteen months. She was cutting out work, words
having dropped, when she received a fearful blow on the
head, and another as she was trying to get away. She
said, " 1 turned round and saw that the blows were given
by a poker which he held in one hand, and as I closed upon
him be kept me off and again struck me. I went round to the
other side of the room, and he there struck me again twice.
I put up my arms to nave my heed, when I received three
more blows, which disabled me. 1 fell, and as I was falling,
or on the ground, I received another blow which broke my
finger. I lay on the floor, and pretended to be dead to save
myself from further violence. He came in front of me as
1 lay on the floor, his coat, which he had previously taken off,
being thee on. He had not the poker. He looked at me,
and took hold of my injured band, and threw it down, may-
nag, ' I have killed you.' He went oat of the door, as I
thought, to escape, but I staggered after him, believing
that he had done that which would kill me, and Idid not
wish him to get away. He saw me corning after him and
he Mopped. I went gams the road, and a man came up
and asked me to have a policeman. I said, No.' The
defendant said, ' I've done it,' I then sat on some steps,
and some persons came to my assistance. My husband
then went away. This poker (produced) is the one I was
assaulted with. This chenille net (produced) I was wearing
' when I received the blows."
After further evidence,
Mr. Bowden, addressing the jury, said be amid not resist
a verdict against the defendant for a common assault, but
he hoped the jury would, under the circumstances, axone•
rate him from the more serious counts in the indictment.
On the defendant's behalf he had to submit that, findinghis
wife in an act of criminality with the man Collier, and
afterwards geeing that it wee her intention to go to live
with him, he was tnorally, though not legally, justified in
what he had done, and that the most lenient course would
meet the justice of the case.
His Lordship then summed up meat carefully ; and
The jury found the defendant Guilty of a common amault,
at the same time strongly recommending him to mercy on
account of the extreme provocation he had had, and his
character.
A witness proved that the defendant had been nine years
in the polio. force, and bore a good character. He had lost
his situation in consequence of this case, and had two
children to provide for.
His Lordship sentenced him to two months' imprisonment.

THE POLICE COURTS.
SOUTHWARK.
Ann Fitzpatrick, a fine-looking young Irishwoman, far I
advanced ia pregoancy was brought up for final examiner ,
tioe, charged with stealing a wedding ring from the shop of
Mr. Poole, silversmith, &c., WS, 114 h-street, Southwark.
Henry Loader, moistest to Mr. Poole, said that about •
fortnight ago the prisoner mme into the shop, and said
that she was going to be married in the course of a few
days, and that she would require • wedding-ring. She at
the same time banded him • keeper which had been
broken, and asked him to repair it, and said she would
call for it and select her wedding-ring. She left the shop
then, end on Saturday she returned, and asked to look
at some wedding Tinge. She examined several, and
while doing so asked for her keeper. He handed it to
her, and she paid for the repairing. All at once she
said she would, call again and take the wedding-riog,
and left the shop. Witnessmimed one of the rings., and
brought her back, when he told her that she had stolen a
ring. She denied it, but ho beard something drop on the
floor, and on looking down he saw the ring produced lying
at her feet. He immediately called in a constable and gave
her into custody.
In answer to the charge the prisoner said it was true that
she was to have been married yesterday, but, unfortunately,
the bridegroom had not • wedding-ring. She accordingly
went into the prosecutor's shop, and seeing ono she liked
she could not help taking it, but she intended to pay for it
another day.
The Magistrate asked her where she was to have been
married?
She replied, "At Newcastle." She did not deny steal-
ing the ring, and she hoped has worship would deal leniently
with her.
She was sentenced to three mouths' hard labour.
Mr. James Briggs, an oil and colonrman, carrying on
busies in New-street, Borough-road, surrendered to his
bail for further examination, charged with being concerned
with others not in custody in stealing and receiving several
hundred reams of emery cloth and paper, valued at nearly
a thousand pounds, the property of Mr. John Oekey, of the
Iflankbriarn-road.
Mr. Humphreys appeared for the prosecution; and Yr.
Lewis, sera., for the prisoner.
After several witnesses had been examined,
Mr. Humphreys said that on • future occasion he
should be able to show that duplicate parcels had been
packed unknown to the prosecutors, and surreptitiously
conveyed from the warehouse with the assistance of the
prisoner. He therefore asked for • further remand.
The magistrate accordingly remanded him fora week, and
refused to accept bail to any amount.

Mr. Isaac Cannel], a veterinary surgeon, of King-street,
Hammersmith, was summoned before Mr. Ingham for neg-
lecting to pay on demand the rum of three guineas, being
three years' subscriptions due as a member of the 4th com-
y of the 2nd Middlesex Rifle Corp, of which Lord
Rare gh is the commander.
The defendant, on having the summons read to him, said
he wished to hare his worship's decision as to whether he
was bound to pay.
Captain Spews Turner, the adjutant of the corps, then
proved that the defendant ass attested on the 29th of De-
cember, 1859, and produced a copy of the Mai, by which
it was declared that the annual subscription was one guinea.
The defendant said he never bad a copy of the rules, and
that he was not aware of there being any.
Captain Turner, in answer to questions, said that each
member was supposed to have a copy. He also said that
gentlemen taking the oath of attestation ought to know what
the rules were.
Mr. Net= thought it would be better if an extrset of
the rules was made known to individual members at the
time of attestation, ea it would prevent any possible doubt
in the matter. However, if the rules were in existence
before the defendant joined he was bound to know them.
Captain Turner said it wee quite futile for any gentleman
to plead ignorance of the annual subscription being one guinea.
Mr.lammin, another gentleman connected with the
corps,.said that a public meeting was held at Hammersmith,
at winch the defendant came forward with others, audit warn
upon their promises that a club was established at Beaufort
House ; and if they were now to heck out, like the defend-
ant, the expenses would fall on a few. It was an injustice
to those gentlemen who did pay.
The defence was that the defendanthaving formed a diffe-
rent opinion of the corps to what he had when he joined,
had ceased to take any part in the movement ; but he ad-
mitted that he had not given fourteen days notice of resig-
nation. He also stated that be was not aware that fourteen
days' notice was required.
Mr. Inhere held that he was bound to pay the money,
and supposed that the penalty would not be enforced if the
subscriptions was paid.
The defendant said he was ready to pay the money at
once if relieved from any further trouble.
Mr. Ingham said the complainant had a right to oak for
payment without making any conditions. He informed the
defendant that his subscription would be rennin on until
alter tho expiration of 14 days notice.
The money was then paid, with 2a. costa.
Dr. Parker, of King-street, Hammersmith, was sum-
moned for the non-payment of three guinms.
The defendant said that when lie joined he understood
that it was as an honorary member, and he was ready to
pay his guinea as one.
Captain Turner put in the defendant's attestation as a
member of the corps.
The defendant then said he must be an effective member
to come under the operation of the act. He was never an

effective member.
Mr. Ingham mid the words were "any volunteer.*
The defendant then said be bad requested his name to be
withdrawn, and Ind also written a letter to that effect. He
admitted that he bad not scot it to the commanding officer.
Mr. Ingham bad the clause read, from which it appeared
that the defendant was bound to give 14 days' !loth* in
writing to the commanding officer.
The defendant next said that he could not afford to pay
the money ; upon which his worship allowed him to make SA
arrangement with Captain Turner.