The Express.
London, England, 1848-03-18 00:00:00

train had been provided, and a telegraphic message had just
been received, which stated that the messenger was on the
road, and would be at Maidstone by one o'clock. The mes-
senger shortly afterwards arrived with the deed, and the
Attorney-General having cairn ned the stamp said that he
had now no objection to the reception of the deed.
The Attorney-General then proceeded to address the jury
for the defendant, and he commenced his ohsorvations by
calling upon them, in the first place, to consider the circual-
'tames under which the preaeat and all the other actions that
had been tried and those which still remained to be disposed
of had been brought. He appeared for a lady who had been
in undisturbed pcemesion of this property for a great num-
ber et years. And within only a few days of the period when
by law all interference with her title would have been pre-
vented by tepee of time these actions were brought, and the
parties who sought to disposers her did not pretend that
they had any title, or were interested in the question, the
real mortgagee, having the right to gaits 'sufficient property
to eover all advances made by them ,• and it was quite clear
that the proceedings were adored solely to obtain from the
defendant a cruel and ruinous amount of costs. Appearing,
therefore, as he did, for a lady placed in such a position, he
and his learned friends hod felt it their duty
to take every technical objection to the produc-
tion of the documentary evidence that had been
brought forward to make out a case which would have
the effect of taking away from her that prverty which had
been in the peaceable poasession of herself and family for
many years. The Attorney-General then proceeded to take
an historical review of the subject of the gavelkind tenure,
which he said was the established common law of the county
of Kent, not only at the time of legal memory, but before
the conquest, and he cited authoriti,s in support of
this obeenation. With reference to the documentary
evidence that had been produced to show that the property
in question had been taken out of the operation of
the common law, he submitted that it rested entirely
upon presumption, and in an elaborate, ingenious, and,
as was admitted by all who heard it, moat able
manner, he contended that the documents which were
most relied on as making out that the property was not held
subject to gavelkind tenure, almost equally had the effect of
showing the contrary, or that, at all events, great doubt
must prevail upon the point. He I eferrod to a great number
of these documents, end read extracts from others, which he
said he should put in evidence in support of his argu-
ment, and reminded the jury that the presumption of
law was always in favour of a person in possession of
property, if any doubt was raised, and he concluded
a very eloquent address by again remindiog the jury that
the defendant had been in undisturbed possession of the
property for a great number of years, and that the only effect
of the evidence for the plaintiff was to raise a presumption,
which they were called upon to give effect to, that by a tech-
nicality defendant's right to the property might be de-
stroyed.—The various documents referred to bythe Attorney
General were then put in evidence, and at the conclusion
of the case for the defence the cause was again adjourned
until this (Saturday) morning.

MIDLAND CIRCUIT.—DERTIT, )(ARCM 1.5.
Nowa COOK.—Before Mr. Jumbo Maige.
Taa Quiets v. James TI ENllR.—Cusiovs DEFENCE.
—The primoner in this cue was indicted (or stealing some
potatoes on Ist February. The prosecutor, having missed
the potatoes in question, traced footsteps from his own door
to the house of the nisoner, which was hard by : and, on
going in, he found the articles he hid misard, which were
immediately delivered up to him by the prisoner, who stated
he was keeping thtm till they were claimed, as he had
found them at his door on the previous night. In his de-
fence now, the prisoner h..nded in the leaf of a Bible, con-
taining the Ist and 2nd verses of the 22nd chapter of
Deuteronomy, which were to the effect, " that if a brother's
ox or sheep went astray, they should be taken in and kept
by the finder until the loser should seek them when they
were to be restored to him."—The learned Judge stated it
to be his opinion that the text in question was not an feeds-
nut or improper defence—The prisoner was Acquitted.

NORTHERN CIRCUIT.—Maaca 16.
Cme Sum—Bafore Mr. Baron Alderson and • Special Jury.
DI:NASTUOISPII AND ANOTILIII V. FAVNTLEHOTDI3.
RIOUT TO STOP GOODS IN TRANSITU.—The plaintiffs are
wool merchants at Leeds ; the defendant is a wool mer-
chant in London, and the action was brought to recover the
value of 22 bags of wool, which the plaintiffs, claiming
them as their property, said had been wrongly seized, and
which were withheld from them by the defendant. On the
12th February, 1847, a pees al named Wilkinson, who car-
ried on business as a wool merchant and manufacturer at
Bradford, bought • quantity of wool of the defendant,
through the agency of Mr. Hebert Pollock, who resided at
Leeds. The number of sheets purchued amounted to 50, and
it was agreed that they should be sent by railway from Lon-
don to Mr. Wilkinson at Bradford. Thiswaa communicated to
the defendant, but instead of sending them by this mode of
wmmunication, he sent only 28 skeet& to Bradford, the re-
maining 22 being forwarded from the Gun and Shot-wharf,
Londoe, by sea. These sent by railway were delivered on
the 25th of February, but the othen never reached their
destination, having been stopped at Goole by the defendant.
The plaintiffs dealt with Mr. Wilkinson in the way of his
trade. Wilkinson had bought this wool as carded wool, but
before the 22 sheetahad arrived at Goole the market for such
description of wool had become dull. The plaintiffs had sold
some combing wool to Wilkinson before the above transac•
tion took place, and early in March they agreed
to ►ell him a further lot worth about 6001., and
it was agreed that Wilkinson should eel the carded
wool he expected from the defendant to the plaintiffs, and
that it should be taken on the amount between the parties.
On the 26th of March, a notice war sent to Mr. France,
whaninger at Leeds and Goole, to deliver the wool to the
plaintiff:, and on the 27th the same gentleman received a
notice from the defendant to detain the goods, and to hold
them for him, and hence it was that the present claim arose.
The learned counsel contended that, inasmuch as the de-
fendant had failed in fulfilling the original contract, and in
delivering the goods according to the terms agreed upon
whereby he was to for. ard the whole by railway, ho had no
'eget stoppage in tranaitu. The plaintiff's case having been
closed, Mr. Martin submitted that there was no case to go
to the jury.—The learned Baron was of a similar opinion,
observing that he thougnt the defendant had a right to stop
the goods in transitu.—The plaintiff's were consequently non-
suited.

Mown Corm.—Berure Mr. Boron Rolfe.
TSB FOROEttY AT LEEDS.—Akzander Bien/ditto/fp,
who was found guilty at the last winter gaol delivery of
forgery, and whose sentence was cot then passed, in conse-
quence of a question being raised for the decision of the
twelve judges, was this morning called up for judgment, and
sentenced to be transported for 10 )cars.
MllliDElt AT FUWEATHER.-o.Calottl, 38, T. Hodge on,
28, and J. Mellor, 22, were charged with the wilful murder
of William Wood, at Faweatber, near Bradford, on the 18th
of December last ; they were also charged on a second in.
dictment with committing a burglary in the dwelling-
house of the said William Wood. The prisoners severally
pleaded not guilty.—The statement of the case by
Mr. Hall was chiefly supported by the following
depoeition of the murdered man, which was put in and read:
I am a farmer at Fawesther, near Bingley. I live by my-
self, and farm a little land there. About nine o'clock on
the night of Friday, the 17th of December, 1 went to bed
having ant barred the house. Soon after one o'clock I
head something at the window on the geouud floor. I
got up out of bed, and took a hedge-knife with me down
stain without a light, it being moonlight. I saw four
men. I saw the window had been taken out. I struck ono
of the men without saying anything, but did not hit him as
I could have wished. I asked them what they wanted, and
Calvert, I think, paid they wanted money. They got hold
of me, threw ins down, and beat use with
sticks. Their faces were blacked. They kept me up
end down, tossing and striking me for about a quarter
of an hour. I got out into the garden, and they came
after me, and got hold of me. I had a struggle with them
at the garden hedge. We struggled over the hedge, and
one of their caps came off in my hand. They got me down,
beat me, and said, " Kill him—kill him." 1 left the knife
in the house when I escaped from them. I have never seen
it since. When they had beat me so that I could no longer
defend myself they carried me into the house, and laid me
down while they plundered the house. I had about a
pound's worth of silver in my pocket, and three or four six-
pences. They took this money, and some eggs from a basket.
They stopped in the house about a quarter of an hour or
twenty minutes. After they had gone I got up stairs, and,
having dressed myself, I left the house and went to John
Denby's, the next nearest house. I had to take hold of the
wall all the way, I was so weak and bruised. I am sure
Calvert, Hodgson, and Mellor are three of the four
men who were present In the house and in the field.
—Mr. Pollard, a magistrate, was then examined: Saw de-
ceased on the 30th of January, when he took his dying
declaration, which was in substance the same as his deposi-
tion taken before the magistrates. Perhaps the most ma-
terial additional fact was that a coal rake, as well on sticks,
was used to strike him with ; that altogether they were
fighting him, is and out of the house, for nearly two hours,
and that there were four men, one of whom he did not
know.—After some further evidence the voluntary state-
ment of tieorge Calvert, made on the 25th of February,
while a prisoner in York Castle, was read
We went to Mr. Wood's hone* wh'in we thought he would be at
Bradford market, which was about half-past ten in the forenoon.
Hodgson and Mellor went to the door, and found Mr. Wood standing
near it. 'they asked him to sell them some milk. He replied he
had sone. and asked them where they came from. They
told bun from Bingley.
We then left the house. I then
said I would try to beg some churn milk of Naylor, who
lived on Me Moonside. We then went to Naylor's, and 1 asked him
to glee me some churn milk, which he did. Naylor or some person
is the house, asked me what we were about. We then parted, and I
went home. Samuel Nowell came to my house some days ate..l
then told him that I intended to rob Wood's home, but that I boa
rather go where More was something to eat. He said he wanted
nothing to est ; they had rather have some brut% and the dz
could not swear to it. Some days after this! Hodpon, Now 4
Mellor came to my home, and asked me to go with them to Mt Mr.
Wood's house. I mid it wan too noon; that they would Waal* ass,
and come and sears %my house. They replied there was
people walking up and down; how could they swear to megi.eaßey
then said would I go. I said well I must, as I want a sovereign
to pay my rent; they have marked my goods, and if I could
pay sawreden he would perhaps let ate off a while
We then all tour set off. It would be about
half-past past eleven at night. When we arrived there I wee
afraid to go in, and we went into some out-buildings. They said,
0 When we have come, what ia the me of being afraW • let us go up
like men." We then tried the door, but could not get in. I then
went to the window. A part of it was wood, which ! tried to bite
out. In so doing the wood fell Into the house, and made a noise.
Thomas Hodgson then came up, and sent the rest of the window into
the house with his stick, which made a great noise. i then ran
away, but the hedge stopped me. Then one of them came and seized
ow by the coat, and said they thought 1 ads be:ter game than to do
so. Thomas Hodgson went into the linum first. I can't say which
of us followed biro. but we all went Thos. Ilerdipon and Mr.
.Food had a „uwee berate we got in. When 1 got up to him, he
was fighting with two of them. I got hold of wood, and salted
st • km ix a tew sovereigns. but be gave us no answer to the de-
-at least I did Etot hear him. I then tried to light •
Incifer.rcatch, but he (Wood) knocked it out as fast as I Ughted
u Ifs then ran away into another MOM, and said we might