The Express.
London, England, 1849-11-23 00:00:00

THE EXPRESS, FRIDAT EVENING, NOVEMBER 23, 1849.

Mr. Baron Rolfe bad correctly stated to the jury what the
defendant's duty wee towards his ellest. In order to dir
thorns that duty properly, an attorney was bound to at
tend at th• trUa either in pus= or by his clerk, and Alm
take ear* that the necessary witnesses Were in attendance
toe ; otherwise it could not be said that he had properly
tt instraeted ectsesel.lo:yrodthe 'trend of nsi
w•direetton,
thensiorts, the rule be Meeks/rd. AS the de.
=ls=stot beisheilesuditoltsbeTesitath: soara th.
Judi-seat awnediagly.

PREROGATIVE COURT.-Yirrs.DAT.
Evans tr. ?TAAL—Comtism= co ale 111017.1.01.
The nutmeats in tab ethe were ressaisd to dap. The
hits of the nes may be compressed Mt* • smell compass.
It appeared that • Moe. Juts Tyler, late of Bridges&
ha Elsatorganshbe, died penmen of considerable
wealth, sad made a wil, in which she appointed her soo,Mr.
Thema Tyler, sad the :Bev, Mr. Evans, wanton wider
that will. Soo lift two ekildren—a 841, the pm, I.
Belt ; and a dmighter, who married a Mr Evans, arid died
before the testatrix, leaving also two children, one a son,
Mr. Thomas Evens, nephew to the Bev. Mr. Inas, thi
other senor, who. after the death of his nide (Mr. Thos.
Ter), will take the freehold sad espyhold estates, &o.
Tb. Rev. Mr. Evans now applied to the tout to have pro-
bete granted to him. 28 PM aerator, on the and that
Muntenia Tyler woe of week Wad, sad turps ageing
foe hthleelf or Othe/S; that he won, th het, Wade. sad had a
1 keeper to watch over him, whose life he had attempted to
sake by stabbing bins whoa walking at the sea side ; that on
another osessin he threw a largo quantity of gunpowder
bite the Sr.. other acts bib, also alleged. llpoa the d, owe
of the testatrix, Mr. Thorns Evans, the grandaoe and heir
Oil the estate, in conjunction with a Mr. B.
ressaLs",tiTO
took possession of the will, end without acy legal
appoiataneat aammaad the right to act as wasters of a•
diseased.

Dr. Addams, es behalf of the Rev. Mr. Inas, applied
to the mart to have probate granted to him as sole executor
sod ensue wider the will of the testatrix, on the grimed
that Mr. Tames Tyler was of 'Rebottle mind from -his in-
timacy, which had thawed with his years, and that be (Mr.
Inns) had bee* appointed executor and trustee wadi/ the
will of the testatrix, on the very account that the testatrix
had eonddend her son of weak intellect, de.
Dr. Harding, on behalf of Mr. Thomas Tyler, held Ws to
be perfectly sane aad capable of 'Wag as an theentor under
his mother's will, and read various cerreepondease leader the
hand of the Rev. Dr. Evans, the ce-exemitor, as to the truth
of this fact, wherein Mr. Evans selvd his (Mr. Tyler's) co-
operation, and thus he admitted him capable of acting as ea
executor, dto., sad in conclusion emphatically called upon;the
then to madman the other party in the oasts.
TLe Court was occupied the whole day is hearing this
ow, sad defined judgment.

MIDDLESEX SESSIONS.—YesTuDAY.
Harem Us.. SWIM= awn, aweerenr toms.
ALLIGID CAUL Cow. ADD ASSAULT.
lb. &ohm Bailey, • publicea I. Newptirmarket, our-
rendered to take his trial upon an indictment, charging him
with having assaulted Joshua Stopford.
Mr. Homy appeared for the prosecution, Mr. Baßeetles
Ise the defendant.
Ur. Holly briefly opened the case to the jury, and sug-
gested that it wee • ewe which might very properly have
been settled out of court, and if that course was taken, the
feelings of all patios would be spared.
Mr. Ballantine said the defendant r. jetted the suggestion
with the utmost possible scum.
The prosecutor was then examined. He stated that his
name was Joshua Stopford, and he was secretary to the Arte-
sian Water Company, residing at 48, tit. John-street,
olerkernwell, sad occupying offices in Southampton-hudd-
ler. Oa the 14th of the present swath he bad ousaiou to
me le Riskeermth and whilst there he met by the purest sai-
-1 diet Milk Buoy, the wife of the defendant. They returned
Maws temeher by the South Wasters Railway, and on
bewing Waterloo Station he accompaaled lire. Bailey over
Waterloo-bet !p, to the end of labeseesr-plaor, where
she proposed to take an omnibus to premed towards
the Regent's park. He would have proceeded to
his own home after he had left her. They found that it
would he soma minutes before an omnibus going to the
required destination came up, so they walked slowly up sad
down Laseasterplau ; and whilst so doing, the defendant
rushed up, sad struck him • trimlendous b ow with a bom-
barded stick. F..f the minute, suck was the effect of the
blow he was completely blinded ; sad when he had reco-
vered sufficiently to Ice k round, the defendant was tearieg
his wife's bonnet from her had, and her clothes MIK her
back. The defendant then said, " You I have caught
you at last, have 11" and again struck him. His km was
bleeding, a. d on a policeman coming up he gave the de-
fendant into custody. The defendant threatened to murder
his wife.
Cress examined.—This took place on the day before the
Thankroising-day. Mrs. Bailey is now living in the holm
et Mr. Woollen, a friend of aim, No. 10, Cazburton-street,
Fitwov-square. I took her there, and intreduced her to
Mr. Wallin five weeks ago last Monde., ' Of course that
was before I met her at Richmond. 1 have
in Mr. Woollen's house. I have visited Mrs Bai-
ley there. I saw her there ost the Sunday t ie.
fore this traieutioa, sad I took her and Mrs. Woollier to
church. Wainer is not my attorney in this prosecution. I
drew up the brief myself. I went to Richmond for the
purpose of disabusing an oblisation I thought I was
under. It was to peg for the maintenance of Mrs. Bailey's
child, which was with a perm named Foster. Mem. Bailey
had no home for it, and I told her to send the child where
she liked, and I email ply for its lasiatenanee. She sent it
to Footslog and it was there I met Mrs. Bailey. I did not
meet her by arrangement. I was is the habit of frequent-
ing Mr. Bailey's house, and have ate and drank then/maim
timer. I saver went after Mrs. Bailey left. Mr. Bailey
turned her out on the 17th of September. It was ea my
weent. I never made love to her when I visited the home.
The Judge—Do you swear then that there was never SDI 1
improper intimacy between you and Mrs. Bailey ?
Witness—l do. On the 17th et September, the defi admit
said I had seduced his wife end he sten& me on the twee 1
with a life preserver, and I bled profusely. Had my hod
teem is • sere iokined position, he would have killed
me on the spot. He turned his wife out of doors that night.
I did sot charge the defendant with an assault then. Mrs.
Bailey then went to live at bar sister's, but she was to, poor
to keep her, and as she had been turned out of her home on
my account I theotht I was booed to provide her with
lodgings. I suppose Mr. Wiener will compel Mr. Bailey to
pay the expenses. (Laughter.) ' I may have bed some very
jailer convirmtim wish her—l may have kissed her. I kissed
her shoat a* months ago. She wee too virtuous and upright
a woman to allow any perms to take liberties with her. It
was • liberty to kiss her, no doubt, bat I "matched " it en-
swarm (Loud laughter.) It was mated brbre the magis-
trate that I and Mrs. Bailey went to • eaffee-kerese, by the
Waterloo-road. I did not recollect whether we did or not,
uatil I asked Mrs. Bailey. We did. I nowt tell precisely
where the coffee-house was. She wanted sense wireahment,
and I took has Were. She bad some coffee. We were there
ten minutes. I don't know whether it was a brothel or not.
I could not fled it again if I tried.
Be examined—My Only reason for providing her with
lodgings was that she was destitute.
By the Court—l don't know where Mrs. Bailey's sister
lived. She seat me • inessep. and I wet her in St. John-
street. A boy used to carry mama between us. I seat
a note to tell her that she could go to Mr. Woollen's.
The Judge—How did you direct that note ?
Wituese—l didn't direct it at alL—Yes I did thongbe I
besot. I directed Mrs. Bailey.
The Judge—Where at ?
Witness—Oh, nowhere. (A laugh.) The Mild was mg
to Richmond by my direction. I swear that after she Isilli
kir husband's I did not know when she lived. I took • great
interest is her bemuse I resumed I was the came of her
tenable.. lam paying six shillings • weak fee the obit&
Mrs. Bailey was very peek attached to the child, end I la-
ird It to be sent to RiMeneat,l 90 that it might as be taken
few bee by the &fondest. What at Richmond Mn. Bai-
ley d
Bat-
ebad • returnoing ticket. I had sot. I did net go k thew
of m than.
swiA pollee mailable proved levies witnessed the tram-
m.
The lesesed Sedge said be was reminded of the very beet
speech ever mob by a well.known judge. When oe ,
be said be en menalt ewe, " Gentlemsa of Mobley, the ewe
iw ths menientioa is that my sliest gave the promote& •
Mod tbitedsbrig.e-my case is that be wary May deserved it."
The abenelinenees of thie ease brought that speech stemegly
to lb am/
Mr. Beßn
wdia. then addressed the jury. He aseaseentail
with rase se* en the peewit:ion male by the prose-
ink,. thenesb Ns mused, to wide *he matter oat of court,
width denamelanse showed, he said, how very much he de-
hOM the meld should net know how base a mature
UM.. Tbe harmed madmen minutely went weer the
.Xlenned, ant urged tbstibes gal, infwesee that Gould
be teem them wan, OM the prosecutor was Mrs.
winsome. Oa the 171 L at September the defendant
beet sonviesins proof of his wife's imam and. very
, he gave ille momenta mead ; but me
Waterloo-red—and of assault was prebeeed the., and as the day In
by assiden; be law Men mime out of a bullet in
Waterloo-reed—and IMO Ise (Mr. Ballanthee) did met
with to get fres the feelings 0 the jury what he mould set
=la theirjed t, be wield ask these, wm maths
In whet he did ? Proceeding. weft
seiliss elsewhere, and an 'dune verdict might, at .
Bowe day, be represseted as proof that this defence was a
labs one. An array of witnesses wen in actuante* If they
were remitted-
Mr. Harry claimed a reply, but it was refo ed by the
cwt.
The karma Jan
_stssetiy summed up. The jury bad
waly to deal with *grudge of essault; and he dl act
*irk Mat they maid made. atly do otherwise than find de-
mitt no ilsgendiat was not legally justilled in the
lie bad takes, bat Hilts jury found him guilty he
Muse to my that be Amid not be Mennvesiensed
by IV It limb btu Wiwi mom his therester; •
The bey Isuettbe deteadent guilty of an assault.
The lamed hiss said it certainly was a most disgusting
else. • Eglistifts bad heard the evidence maid have say
dealt 6 W character of the incises, bennen the pro-
isoiter tha HO Km Bailey, and Bobo* could wonder that
lbs defendant acted la the way he did. The crime of
fillefibey by the wife was so *mass for en wattle upon the
=:by the injured Methanl. and the court typed he
,:=4.lr, Ids conduct. The court fully considered
1115 even ; and as a farthing was the smallest
MN fa this country, the isentenee was, that the do-
Illident_pay to the Queen a ASS of a farthing.
lk. Marry begged to be her fa deism' of Mm. Bailey's
itrre;dge.—Okirseter ! We ha hard me* dUr
ebaraster, mad the prosecutor's bib, Mr. Harry.
The result was received with applause end the ddillidiat
bit the teen Id* a awn* body el triads.