The Express.
London, England, 1848-08-04 00:00:00

THE EXPRESS, FRIDAY EVENING, AUGUST 4, 1848.

two children in bed for days together. and that
the children wet* mach ieglested, and that at the
HOW Voltaire, Paris, the few articles belonging
to them were detained by the hotel-keeper for his bill.
Fyi n was afterwards arrested and confined in the debten'
orison, Rue de Cliehy, Paris, on a bill of exchange which
had been indorsed over to a party in Perla. The two chil-
dren were taken with him to prison, but were there given
tarwgigeier.mploathinetrio;. and
o his arrest:
Ftynit,
Iwrowutethtonahteisnwelfewtit
arrest in London the week before I left, for my uniform. I
tried every way to get money and failed • lat last went to
the jewellers, Hunt and RookelPs of Bond street, London,
and got from them a bracelet worth about 801., but charged
double, and I sold it the same day for 351. This is the /angel
affair: hence their rage. They now offer to take 64 a year
provided I get security."—The wife and her mother and a
German maid deposed that when the children were takt n
out of the custody of their father at the prison they were
ill clad, and without shins; that their badies were in a filthy
state; and that they were in every respect sadly neglected.;
and the German maid deposed that the children, who,
when they were taken from their father in visor, had been
travelling with him for some months on the continent, with-
out any attendance, were in tt. e habit of using bad and abusive
language to her—Charges of gross language of Mr. Fynn
towards his wife, as well as violent conduct towards her,
were also alleged. In the revolution of February,
1848, the prison in the Rue de Clichy was broken
open by the mob, and 8' r. Fynn wee, as he expressed
it ie one of his affidavita, "liberated by the French people."
The panics afterwards returned to bruseels and then came
to London, where Mr. Fynn took the benefit of the Insol-
vent Act in eiune last, only one creditor opposing his dis-
charge, and doing so uneucceselully. Mr. Fynn then ob-
tained a habeas corpus and an order from Mr. Justice Pat-
teson to have the children delivered to him unlessapplication
wan successfully made by an appointed time to a court of
equity to take the custody of the children from him. He
was, in toe meantime, permitted to see them daily .1. se-
veral
hours. Mrs. Ainsworth deposed that she would, out
of her own property, if the children were allowed to reside
without molestation with their mother, maintain both her
and them, and educate the children according to their sta-
tion in lite, and make a provision for the mother and children
by. her will. The prayer of the petition was, that a guardian
might be appointed for all three infants, to whom their cus-
tody, maintenance, and education should be contained, and
that Mr. Fynn might be restrained from further proceeding
with the habeas corpus or doing any other act to obtain
possession of the children without leave of the court.
In opposition to this prayer Mr. Fynn made affidavits deny-
ing positively that heehad taught hi children the use of ouch
language as was stated to have been used by them. He also
deposed that the charges made against him were slanderous
falsehoods ; that he had been a tender, affectionate husband,
and lived in uninterrupted harmony and happiness with his
wife to the end of 1846; that he had only been guilty of one
act of violence, by throwing the contents of • wine glees
over his wife's head, being provoked thereto by a slanderous
letter against him written by her mother, and his wife's
taunting him upon the occasion. He deposed, also, that the
German nurse who had spoken to the bad language used by
the children could not understand a word of English. In
addition to the respondent's own affidavits, a Mr. Win. Har-
nett, formerly manager of the National Bank of Ireland and
Dublin, now resident at 19, Adam-street, Strand, deposed
that he bad known Mr. Fyne for the last ten years, sad
that he was resident in Paris, at 12, Rue de la Pais, with
hie family during the months of January and February,
1848, and that he: and his sone were daily visitors
during the month of January at his said resioence,
and frequently passed the whole day and dined with him
and his family, and that during the entire of that period he
never ssw so kind and so attached a father, or children
better dressed or taken care of; and that it was false and
untrue that the children, during the month of January last,
ever wanted for shirts or clothes, or apparel of any kind, or
that they were in any way neglected by their father.
The case occupied the greater part of several days, having '
stood over from time to time for additions to be made to the
evidence, which was of a very contradictory and conflicting
kind.—Mr. Matins and Mr. Southgate, in support of the
petition, referred to " Well, step v. Duke of Beaufort" (2
Russell, 1), " Shelley v. Westbrook " (Jacob, 266, aed the
other authorities there collected), " Skinner v. Warner " (2
Dickens, 780), " Creues v. Bunter" (2 Cox, 242).—Mr.
Fynn appeared in person to oppose the petition, and stated
that he could have contradicted on oath the allegation as to
his having stated that he had • letter from Sir R. Peel, if
that allegation had been material. He argued the case at
great length, and cited many authorities, cancludieg with
an unreported case of " Ward v. Ward," which had been
lately beard, in private, before the Vice-Chancellor sat
' England, and • copy of the judgment in which Mr. Fynn
' handed to the Vice.Cheneellor, who, after hearing Mr.
Melina in reply, reserved his judgment.

JUDGES' CIiAMBERS,'SERJEANTS' INN.
Before Mr. Baron Alderson.
THE QUERN e MARY SPRY AND MART ANN DORI.—
TN. •LLEOED POIBONING OP A CRILD.-111 this ma the
defendants had brut committed to Negate charged upon
an inquisition, taken before Mr. Bedford, the coroner, with
the wilful murder of Mary Ann Theresa Dore, aged four
months, the infant daughter of the defendant, Mary Ann
Dore. The facts relating to this ease have already appeared.
An application was made the previous day (Wednesday) to
Mr. Baron Alderson by Mr. Futvoye, on the part of Mr.
Dore and Mr. Spry, the husbands of the di Pendants, for a
writ of certiorari to bring up the depositions token before
the coroner with a view to an application to admit the de
fendants to bail. The learned baron granted his fiat for the
writ, which was immediately issued, and at a late period of
the day the depositions were produced, and Mr. Pot-
voye again appeared in support of the application to admit
the defendants to bail, and urged that there was nothing
on the face of the depositions as taken by the coroner, which
tended to show any guilty knowledge of arsenic having been
administered to the deceased; on the contrary the evidence
clearly showed that both the mother end the grandmother
had always exhibited the greatest affection and fondness for
the deceased, in addition to the improbabilities that sue
rounded the case ; he, there'ore, submitted it was a case in
which a judge at chambers was justified in admitting the
defendants to bail.—The learned Baron said as the case was
one of considerable importance he would look through the
whole of the depositions, and give his decision the following
morning (yesterday).—On the teamed Baron taking his stat
at chambers yesterday, the parties again appeared, when his
lordship stated that he bad gone through the deposition.,
and he was of opinion it w-s a case in which he ought not
to refuse to accept bail, as it did not appear to him that there
was sufficient evidence to warrant the conclusion to which
the jury had come by their verdict ; he should, there-
fore, make an order that each of the defendants be
separately admitted to bail and discharged, upon,
in the case of Mary Ann Dore, the husband entering
into his recognisances in the sum of 2001., and four sureties
in 601. each, for her appearance at the neat. visions to be
held at the Central Criminal Court, and the like recogni-
tion!, of '4OOl. on the part of Mr. Spry, the husband of the
other defendant, and four sureties in 601. each for her ap-
pearance at the same time and place.--The lean ned Judge
then granted his fist for a writ of habeas corpus, which was
issued and lodged with Mr. Cope at Newgate during the
morning; but the learned Baron having subsequently made
an order allowing the bail, and the actual appearance of the
defendants being unnecessary, the return to the writ was
dispensed with. At 4 o'clock lour gentlemen appeared be-
fore the judge, and the bail haring been pertected, the
learned judge signed the orders for the defendants' cischarge ;
they were accordingly restored to their husbands and friends
until the neat sessions.

taken a match out of his pocket to light hia pipe in passing
through the stark. yard and threw it away, not thinking that
any injury would ensue—it was a bad job. It was windy and
rained at ths time, and the road was
eight
yards from the
otaek-yard. Usisity-10 yews' transportation.