The Express.
London, England, 1848-07-25 00:00:00

THE EXPRESS, TUESDAY EVENING, JULY 25, 1848

ASSIZE INTELLIGENCE.
HOME ClRCUlT.—Cmiwasman, JULY 24.
Caower rims.—Before the Lord Chief Baron.
At the sitting of the court the prisonen Gould, Bryant,
Edwards, and Goodey, who were convicted on Thursday ct
burglary and feloniously receiving stolen property, were
brought up for judgment, and sentenced to be transported

for ten years.
AGGRAVATED BVROLART.—J. Jasper, 23, J. Warner,
34, and M. Dorrington, who surrendered, were indicted, the
two former fur burgleriounly entering the dwelling-house of
John Harrison, tied stealing 221. in gold and silver money,
and silver plate value 1501, his property, and the woman for
feloniously counselling and abetting in the commission of the
robbery.—Mr. Ballantine, in opening the ease, described
it as being ono of a most aggravated and e xtraordinary
chamter, and the following evidence was adduced :
Mr. J. Harrison, the prosecutor, deposed that he resided at
Chigwell. On the nightof the 12th February he retired to bed
with bia wife at their usual hour, about ten o'clock, having
previously seen that all the fastenings of the house had been
properly secured. Ile was awoke about three o'clock in the
morning. by the crashing of glare and the screams of his
wife. lie got up, end, by the light of a candle which one of
them was holding, he observed three men coming through
the window, which had been smashed in, into the bed-room,
and at the same moment his wife rutted out of the room and
ran down stairs. There was a large bend. bell in the room,
and he took it up and began ringing it, when one of the men
made • snatch at it, and said, " Oive that to me," in a
feigned voice. Witness struck t tie man upon the bead, and
he imm' diately seined him by the throat, and thrust him
against the bed-post, and at the same time told him to hold
his noise. While this men was holding him the other two
I proceeded to the corner of the room, where the plate.chest
was kept, behind a child's bed, and concealed from view, and
they dragg. d it out, and varied it to the window.
While this wee going on the man who was holding
him by the throat demanded his money, and he took his
purse out of his trousers pocket, which contained twenty-
two pounds in gold and silver, and gave it to him, at the
same time saying, " Well, there is enough of it; don't hurt
me." The man replied, " You have hut me ;" meaning
when he had struck him with the bell. One of the men
had a pistol in his hand, and he flourished it in witness's
face. When the othi r two men hail gone out or the window
the man who hail limit holding him loosed his hold, sea the
chest of plate having been previously thrown out of the win-
dow ke followed the others. The man had estinguished the
light, and prosecutor having called up his wile began to give
an alarm, and on his doing so the same voice hu had heard
before called out " Hold your noise; hold your tongue;
what do you mean?" The robbers took away the hand-
bell with them, and when it was afterwards shown to hi
he saw blood upon it. The men were all disguised by hav-
m
ing their faces covered ; and be was unable to identity any
of them. The witness proceeded to state that the
daughter of the female prisoner had been in his service
as housemaid, but she had mieconducted herself,
and left his service a short time before the rubbery, and she
woe well acquainted with he habits of his family, and knew
where the plate chest was kept.—Cross examined : The plate
box was found afterwards in the forest, but the cements
had been recovered.—Thomas Cumbers, a man with a
wooden leg, and who was brought from the gaol to give evi-
dence, made a variety of statements tending to incriminate
not only the prisoners but himself.—Several witnesses were
then examined with a view to corroborate the statement of
the approver, but they entirely tailed in doing so. It was
attempted to be shown that a hat which was left behind by
the thieves belonged to the prisoner Jasper, but the witni al
who was called to prove the fact would not say more than
that it was like the hat he wore. It was also set up theta pair
of shoes which had been seen in Derrington's houses cone-
vended with footmarks near the house of the prosecutor,
and that they belonged to the prisoner Warner, but the
shoes were not produced, and the evidence was vi ry incon-
elusive.—Mr. Chambers was about addressing the jury for
the defence, when the Chic( Baron said he really did not see
any evidence to confirm the accomplice, and ha was of opi-
nion that the case °wait not to go to the jury under such cir-
cumstances.—Mr. Ballantine said he must admit that there
was very little testimony to corroborate the accomplice, and
he should therefore leave the matter in the hands of the
court —The jury consequently. under his lordship's direc-
tion, returned a verdict of Nut Guilty. There were other
indictments against the prisoners fur burglaries of a similar
character, but as the charges almost entirely depended upon
the evidence of the accomplice, and there was not any addi-
tional corroborative testimony, Mr. Ballantine withdrew
from prosecuting them.
MI*RDER To DETAIN lIIERTAL FEE:A.—Mary Kay, 28,
was indicted for the walla' murder of William Constable,
alias Watt., by administering to him a large quantity of
arsenic. The circumstances under which this charge wite
preferred app. arid to be of an atrocious cherub r. The pa-
wner, who is a married woman, lived with her Lueliavel at a
smell tillage called Win, a few miles from Harwich, and
kept a little grocer's or chandler's shop, her family consisting
of herself and ht r hastsand two children, end a half brother,
the deceased. Oa June 8, the deceased, witnout previously
having had any thing 'he matter with him, suddenly com-
plained of excessive pain in the stomach, and ruched most
' violently. Ile continued in ti's etste the whole ni' ht, and
the next morning a medical man was tent for, and worse
symptoms appearing another doctor was consulted, who told
the prisoner if her brother got worse to send for him.
The deceased did get worse, hut the prisoner did not send
for any medical man, and on Sunday, the Ilth June, the de-
ceased died. The evidence against the prisoner was, as usual
in [We of this description, purely of • circumstantial cha.
ratter, but it was of a most cogent description. It wu proved
that when the deceased came home on the Thursday prior to
his death, the prisoner sent for some porter, and when
it was brought she was seen to shake some powder into it
from a screwed up piece ofd paper, which she then warmed in •
saucepan and gave to the eceued, who drank it, and alm-st
immediately afterwards he was attacked with the fatal malady
of which he died. Shortly alter the deceived wrie buried the
authorities considered it advisable to' have the batty ex•
burned. This was done ; the stomach was removed and
submitted to the examination of Professor Tayler and other
scientific gentlemen, and the result of that examination
showed roust clearly that the death of the deceased was
occasioned by arsenic, ciaht grains of that poison, a quantity
sufficient to destroy two grawn-up persons, being found
in different parts of the stomach. It seemed that some time
before the Bth of June the prisoner had gone to the seers
tary of a sort of lienclit or burial society at Harwich, and
had insured the life of the deceased, whom she made her
nominee, and upon his death she would have been entitled to
a sum of 91. or 111.; she had false.y teprenentell
his age to be 38, when ho was nearly 40, an
age which would have disentitled him to be
admitted into the society, and she also described him by
false name. From the first moment of his being attacked
the prisoner eeclared several times that be would be sure to
die, and said that it she got the money she should buv a
horse and cart, and turn higgler. Immediately after the
death of the deceased the prisoner requested one of her
neighbours to write to the society ar.d inform them of the
feet, sad request them to take the necessary steps to hand
her over the money to which she was entitled, but it seemed
that their suspicions had been excited, and the money never
was pea—These facts having been deposed to by the wit-
!lessee, Mr. Serjeant Jones made an earnest appeal to the
iury on behalf of the prisoner.—The Chief Baron summed
up, and the jury at Walnut 8 o'clock returned a verdict of
him Guilty.

OXFORD CIRCUIT.—STAFFORD, JULY 24.
The commission of assize for this county was opened on
Saturday by Mr Baron Rolfe.—Mr. Baron Platt did not
arrive until Sunday morning. This morning, Mr.
Baron Platt took hie suet in the Crown Court. The caleni.sr
contain., the names of 43 prisoners. I here were five special
jury causes and 24 venues. The cases tried up to the dining
of the court were not worthy a report.

stances became bad, and a gentleman named Good, residing
at Hull, to whom Mr. Durkin was indebted for a cargo of
can, took steps for making him • binkr.tpt, and accord-
ingly, on the 26th of November, a fiat was issued agaand
it.st
Mr. Durkin, the plaintiffs were appointed assignees,
they took the usual steps for ascertaining the amount of Mr.
Burkill's property, for the purpose of causing it to be equally
divided among the creditors. The defendants sold the wheat
in question in December, and on inquiry being made by the I
plaintiffs with respect to it there were three different
allegations made by the defendants. They said, in
the first place, that at the time of the contract '
it was agreed that Messrs. Newman and Cartwright should
hold the wheat until the price was paid, and that they were
to tell it at their pleasure for the purpose of repaying them-
selves nut of it—an odd story, the learned counsel for the
plaintiff suggested, as they had had bills given for the price
payable at three months. The defendants said, secondly,
that for ore of the parcels of wheat —viz., the 602 quarters,
an accommodation bill was given, and that it was made a
bargain that in consideration of the acceptance of that bill
thee should have a r ght to sell the wheat. The learned
enuesel submitted that there was no pretence for such a
thing—that it was not an accommodation bill, but a
bill due to Mr. Newman by Mr. Burkill. Afterware
ds
a third answer was set up viz., that on th
28th of October a letter was written by Mr. Burkill to New-
man, in which authority was given to the defendants to sell
this wheat, on account of the price of it which was thee due.
The different accounts of the transaction, on examination,
were found to be very unsatisfactory ; but, on looking into
the corn spondence between the parties, a letter from the de-
tentlants to Mr. Burkill, dated the 18th of Novemb r, 1840,
was found, and this letter, it was contended for the plaintiffs
utterly annihilated a right on the part of the defendants to
sell the wheat, for they sought authority to do so in these
words :—" Would it not be as well for us to have au otder
in hand to sell the Dantzic whi at if an oppor-
tunity presented itself ?" Atter explaining the ninon
for delay in bringing the action, the learned counsel
concluded by alleging that the defendants had sold the wheat
without any authority to do so, and against the will of the
assignees, who, acting on behalf of the creditors of the hank
rapt, now sought to recover the value of the wheat so
disposed of.
Mr. Burkill's evidence as to what were the terms upon
which he dealt with the defendants was of course very ma-
terial, and he stated, in answer to his lordship, that the de
fondants were in the habit of selling his consignments to
meet ante acceptance., and that he had not disputed their
right t . do so ; whereupon
Mr. Knowles submitted that such evidence was an answer
to the plaintiffs' case. It was clear that there was some un-
derstanding at the time of this contract, looking at which
Burkill could never expect the defendants to credit him to
so large an amount, merely on security of the bills ; and
this proposition, he sail, was borne out by Burkill'a own
conduct, for he had taken ro step either to sell the wheat or
to remove it out of the poi-scission of Newman.
Mr. J ratite Cresswcll said his present impression was that
this would turn out a mere question of cuts.
Some further evidence was given, and his lordship then
decided that there was no case as against Cartwright, and
,hat, with respect tn the other defendant, Newman, the plain-
tiff must be nonso.ited. He observed—lt seems to me, that
although these goods were sold on credit in the first instance,
till the bills became due, yet on failure on the part of Burkill,
he had nu right, nor had his assignees, standing in his place,
to demand possession of the goods without tenderirog the
price ; and it seems to me that although the right of pro-
perty might be in them, the right of possession was not, and
that therefore this action in novor is nut maintainable. The
plaintiffs were according:), ni nsuited.

POLICE.-Y estrefiDAY.
GUILDHALL.—Tae CASE OF JOHN BALLARD Leovn.
—Mr. Alderman Johnson, in reference to the shove case,
said that several benevolent persons had entrusted him with
subscriptions, to be applied according to his discretion, for the
benefit of a person named Lloyd, who appeared some time
since at that court; and having m ale many inquiries concern-
log him, he did nut consider him entitled to the relief
awarded. He (Aid. Johnson) had arranged for his going
abroad, where he might obtain permanent employment for
himself and family, intending to aeply the subscriptions sent
, to him for that purpose, and to ;ay the difference himself ;
but that individual objected to that ceurse'of proceeding, and
wished the donations to be given to him, which request was
refused. As be should be sitting all the week, it Mr. Lloyd
chose to call and remove the unfavourable impressions he
laboured uuder, he should he glad to be spared the pain of
requesting the various contributors to apply for the return of
their tiona.ions.
WORSH ll' STREET. —See SOEAKNAULT.— Sheeand
J. endanan were charged with having committed a mur-
derous assault upot, their landlord and his wife, Michael and
Mary Riordan, and also with violently a-saulting the police.
The complainants Riordan were sitting quietly in their
kitchen on Saturday night when the prisoners, who had
dged some time in their house, returned home in a state of
intoxication, and after conducting themselves in the most
outrageous manner in their apartment, proceeded up stairs,
and forced their way into a room in which their daughter
and mealier young woman were in bed. On hearing an
outcry from the latter they hastened up to their assistance,
and endeavoured to persuade the prisoners to retire to
their own room, when they were instantly attack, d by
She*, who chased them back into the kitchen, where
he set upon the old man, who was felled to the ground,
and brutally beaten and kicked by both prisoners.
ilis cries of "murder" having brought several other
ledgers to his assistance, the prisoners retreated to the upper
part of the house, where they encountered the landlady on
the first-floor landing place, when Shee dealt her a desperate
kick in the chest, which precipitate el her down the Hight of
stairs, and so seriously injured her, that she was carried up to
bed in en apparently litehas condition. In the meantime,
police-constable Doi owav and two other officers, who were
attracted by the cries of " murder," made their way up to
the prisoners' room, the door of which was fastened, and
upon bursting it open they found that the prisoners had
broken up the bedstead to furnish themselves with weapons,
and Shee, who was brandishing one of the bed-posts in both
his hands, made a blow at the officer's head, which it fortu-
nately mewed, but descended upon Ills shoulder and felled
him to the ground. The two other officers then grappled
with Shee, and succeeded in getting him down, lout while
attempting to secure him the other prisoner hurled the h. d-
post at them, which struck one of them on the leg, and
rendered him completely powerless. The prisoners, however,
were both ultimately overpowered and conveyed to the
station hou-e.—Mr. tlammill ordered Shee to pay two
several sums of M. for the ass: alts upon the old man and his
wife, or in default to undergo four months' impriemmeot,
and, in addition, to be cnnmitted fur the further term of
I two month-, without the alternative of a fine, for his assaults
upon the police. The prisoner Callanan was also fined 51.,
or to be committed in default for two mouths, for assaulting
his landlord, and, an additional month for resisting the
officers.
BENEFuLENce.—The magistrate acknowledged his receipt
of a remittance of 61. 18s. Gd., the proceeds of a chilling sub-
scription by tile special constables r.f the first and second
sections of the C division, St. James's, Westeninst. r, on he-
hatf of the brothers Thomas and Fo etlerick Woodward, wh,.
were so cruelly treated by the chartist rioters during the dis-
turbances on the 4th of June last.
M A HYLEBON BODDERY nT A SOLDIER
—W. Knight, a private in the Scots Fusilier Guards, was
charged with having committed an assault upon Mr. Ebene-
zer Evans, 10, Augusta street, Regent's park, and stolen
from him a silver watch.—Prosecutor stated that on the
previous evening he and a friend went into the George
tavern, liampetead, to partake of refreshment, and while
there the prisoner with anolier person came in. In the
course of a quarter of an hour, we they all left the err mees,
prisoner ask d him (prosecutor) wnat it was o'clock, and on
his pulling out his watch and giving him the required infor-
mation, they all walked on togs thee as far as the Load of
Hay, into which they entered and partook of a small quan-
tity of gin. On leaving, the prisoner again wished to knew
the time of night, saying that he must be home by 10 o'clock,
and while proceeding along by a dead wall, the prisoner
snatched at the watchtsuard e f prosecutor who had a second
time taken hie watch from his pocket, and with
the said guard pulled him forcibly along. lie
(prosecutor) wee then thrown down by the prisoner, who
rolled him in the mud and kicked him violently. While
lying upon the ground he felt a tug at his guard, which was
broken, and when, by dint of great exertion, he regained his
footing, he found that his watch was gone. A constable.
who hoard a cry of " Police." .peedily came to the spot, and
took the prisoner into custody.—Police-constable Austin,
after conveying the prisoner to the station-house, repaired to
that part of the road where the robbery occurred, and was
there fortunate enough to find the watch, se also a ring,
which had been torn from the guard, a part of which was
still gojssiog. The prisoner was much the worse for drink.—
r. Broughton committed him to Newgate for trial.
WES IMINSTER.—ROMIERIES WITH VIOLENCE.—
J. Doyle, T. Haycock, J. Mothy, M. A. klynn, and
A. Jones, were nudity examined, charged with a robbery
attended with great personal violence. The pesoner Jones
formerly lived with Thomas Sale, who was executed for the
murder of Mr. Belichambers. Edward Preston was accosted
on the night of the 17th instant by the 'males, and induced
to accomp eel them to a house in St. Ann-street, hest
minstcr. Flynn immediately left under some pretence, and'
Jones then unceremoniously thrust her hand i .to the pro-
secutor's pocket, and snatched his watch with such violence
as to break it oil a stout guard. The prosecutor struggled to
regain pc-session of his watch, when in an instant Flynn and
Molloy entered the room, and knocked the prosecutor down,
the latter prisoner holding him while the woman escaped.
He then endeavoured to secure Molloy, but Doyle and Hay-
cock immediately made their aepearance, and attacked the
pro xc!t or with such violence that he w es fearful of retaini,st
his hold of Molloy, or endeavouring to secure either of the
other., lest lie should be murdered. Haycock and Doyle
were taken into custody shortly afterwards, and the other
prisoners subsequently apprehended.—The whole of the pri-
soners were committed fur trial.
THAMES.—ROBBEKY ON SRLPEOARD.—J. Johnson, C.
Jarvis, and J. A. Marion, were a3ain brought up, after se-
veral remands, charged with having stolen 180 crowns, the
property of a German farmer named }letting. The facts of
the case have already been given.—Mr. Ballantine said he
would accept two good securities in 401. each, with notice of
for Marion, but he could not part with Jarvis, and the
whole of the prisoners should be committed for trial.
HAMMERSMITH.—ALLEGED STABBINO.—J. Walden
was re-examined, charged with having feloniously wounded
Henry Allen.—The prisoner was on Tuesday night last with
the wounded man and several other persons, at the Pack-
horse and Talbot public-hottee, Turnbam green, when •
quarrel arose between Allen and the prisoner, and the former
wanted the latter to tight him. They fought, and the land-
lord turned them out of the house ; when outside the pre
toner was observed to have an open clasp knife in his
hand, at which moment the fight was recommenced, and
Allen and the prisoner were both down on the ground. On
their getting up the prisoner was seen to " cuddle " nand