The Express.
London, England, 1851-08-16 00:00:00

Anne Jenkins proved that she met the prosecutrix on the
road that morning about 5 o'clock, with her hands on her
stomach, crying and roaring in a deadly manner, and say-
she had been almost torn to pieces.
William Ellison, a policeman, found the prosecutrix about
3 or 4 o'clock in the afternoon of tho same day, lying on a
hayrick. She was so weak as not to be able to stand. A.
woman came and gave her a little wine, and h. went to the
Overseer to get her removed to the workhouse.
The surg. on of the union workhouse deposed to the weak
and exhausted state of the proeceutris when she was brought
to the workhouse, and to the shocking state of laceration
from which she suffered, and especially to an injury caused
by Jame, Janus.
Mr. Cooke addressed the jury for the prisoners, and called
a witness who knew one of them fur three months, and gave
him a character for that period,
The evidence having been summed up, the jury deliberated
for about a minute, and found nil Gu iffy.
Ms Lordship thin passed sentence, saying—Prisoners at
the bar, you have been convicted on the clearest evidence
Of about the most abominable offence I have ever heard
proved in a court of justice against men. You, and four
other vagabonds like you, found a poor wretched womili in
a lonely situation, and treated her in a manner that is
shocking to state. I am very glad, for my own sake, that the
law has been lately altered; fur though I believe there never
was a judge on the bench less disposed to inflict severe
punishment, yet, if the law had not been altered, beyond all
manner of doubt thri cut' you would be executed. 1 should
have felt it my bounden duty, for the protection of the
women of this country from such brutality, to leave all
of you for execution except Stephens and Thomas James,
who, bad at they were, treated the woman with some little
kin'lness. With re pert to the rest of you, 1 should be
ashamed of myself if 1 did not inflict on you the heaviest
punishment the law allows. Whin a rape is committed by
one man on a woman, it is as but an offence V. can well he
commits:4; but, when two or three combine to commit it, it
is really an abomination. The s.mtene aof the court is that
you, Richard Gear, James Jam, s, mud Gorge Charles. be
transported for the tern of your natural lives; and that
fou, Thum. Stephens, 6•161 Thomas James, be transported
or 15 years.

that her cargo had to be taken out of her before she
righted on the 23r1; that coats had been incurred for sonso
repairs, and the getting off the vend ; and that a survey of
captains having been called, they decided that she emild
not safely take home all her cargo, and 93 tons were
despatchel by the Mary.
Mr. Hutt replied.
The Lord Chief Justice, in summing up, stated his opi-
nion that the defendant might set off his repairs, and de-
duct for the time the ship was repairing, but that ho could
not charge the freight of the oil home.
The jury found for the plaintiff, 6371. 10s.

NORTHERN ClRCUlT.:—LtvEnrout, AUG. 15.

Canws Coy 1,
Mr. 13 iron Platt having Liken his sent, and the usual
preliminaries gone through, the following cases were
heard :

POST LETTER 1101IIIETLIP,4 AT LIVERPOOL.
lii,•hard Barnser, a lad of 15 year of sae, was charged
with having, on the 2f,th day of March, stolen a post-letter
from the Post•oflice, Liverpool, and also, on the 29th April,
stolen another post-letter, these letters containing consider-
able of money, the property respectively of Messrs.
Woodward and 31essrs. Hall of this town. The eaa• excited
so much attention at the time of the discovery of the rob-
beries that tit,: details must he too fresh in the memory of
our readers to render a repetition necessary. The prisoner
pleaded guilty to the charges. Sentence deferred.

Sin Pairs Omar.
Mr. Justice Williams took his seat at nine o'clock.
Mr. Serjeant Wilkins moved for immediate execution
in the case tried yesterday, wherein 3M!. damages were
recovered for a breach of promise of marriage. The court
required affidavits of the eirotrostance to be handed in be-
fore granting the application. Immediate execution was
eventually granted.
AltillCH e. PEDDlnit.—A 1101 Ult CAKE.
This was an action brought by Colonel Arthur, of the
3rd Dragoon., to ree iver the sum of 2801. from the defend-
ant, Mr. Charles Polder, formerly a cornet in that regi•
ment, hut uow a lieutenant in the 39th. From the state-
ment of Mr. Serjeant Wilkins, on the part of the plaintiff,
it appeared that early in May last the defendant,
by means of prevailing on Mrs. Arthur to speak to
the colonel to that etrad, proposed to purchase a pair
of very handsome carriage horses; and after great per-
suasion the colonel was prevailed upon to part with them
for the nun claimed by the action. No sooner, how-
ever, had the bargain been concluded, than the colonel
of 5/. t.) rescind the bargaiu. At the time of sale
it was proposed that the horses, which were called respec-
tively Governor and Gaoler, should be examined by a
veterinary surgeon, and the defendant at first named a Mr.
Lawson, but subsequently changed his mind, and took thou
upon his own judgtuent. Ile then sent them to London,
where they were kept three we.k., and on application
being made for payment, Cornet !'colder stated that they
had not yet been examined ; but that he would cause that
to he immediately done, and he would forthwith remit the
amount. Subsequently a correspondence took place, awl a
veterinary surgeon has ing certiti-d that the horses were
unsound, the defendant refused payment, and the plaintiff
would not receive them back. on the ground that he did
not warrant them, that the defendant had adopted them as
his own, and that they had been driven about London by
strangers.
James Ferris, a private in the 3rd Dragoon', examined
by Mr. Cowling, deposed that hr was the colonel's groom.
Oa the 14th May, in company with the colonel and Mrs.
Arthur, the defendant came to the stable to examine the
horses. Witness took them out, trotted them up and down,
and defendant expressed himself satisfied, giving au order
that they were to go off at 5 the next morning ; the colonel
at that time distinctly stating that he would not warrant
them. Cornet l'edder's servant came the evening before to
look at the homes, and about breakfast time next morning
came and took them away.
In his cross-examination by Mr. Watson, Q.C., the wit-
'
ness mid that the calonel did*not say in the stable that the
hones were sound, but he dill say that he would not war. I
rant them. Neither the colonel nor Mrs. Arthur said any-
thing about them being sound, nor did the defendant make
the inquiry.
Mr. John Diy Ilill, cornet in the 3rd Dragoons, deposed,
that on the 15th of M ty, the day after the sale, he was
present when Colonel Arthur said to the defendant " Well,
Tedder, though I've sold the horses, I would rather not part
with them, and I'll give you 5/. to be off the bargain."
The defendant did not my much, hut ssaemeal to laugh at
the idea ; in a few days afterwards Lieut. fodder went to
London ; • itness had seen him subsequently, and he said
the horses had been driven out a few times, but that they
did not step quite together. Ile made no other complaint.
Cross-examined—Mrs. Arthur is reported to be a good
judge Ma horse, hut witness does not know Vette ever bought
one for the colonel. Witness is a " little bit of a whip,"
but has not yet acquired the knowledge of horse-dealing.
The defendint sometime, had three or four horses at the
barrack stahlee, and the colonel had three or four chargers.
Mr. Austin Cooper Shaw, the veterinary surgeon to the
regiment, deposed to the condition of the horses from the
time of their purchase ; Governor " was bought in No-
vember, 1818, and at that time he had a bony deposit on
the iuferior extremity of the large pastern of the near lore
leg. " Gaoler " was bought in September, 1819, and from
the natural formation of the foot, witness said that the
horse war likely to go lame, if used for the saddle, but for
harness he would be found very. serviceable. Considers
Mrs. Colonel Arthur .111 excellent judge of horses, and had
often received indructions from her in reference to those
belonging to the colonel. Ile had distinctly certified the
two horses in question to he unsound at the time of their
purchase, although for carriage purposes their action
might he good for a very long period.
James Lidbury, a private in the 3rd Dragoons, stated
that he was acting as orderly for the colonel on the 14th
May, during the illness of his regular servant. On that
day Colonel and Mrs. Arthur, with the defendant, Cornet
Tedder, were at the stable, and he heard Colonel Arthur
say, " Mind, I don't warrant these horses, and it will be
more satisfactory to have a veterinary opinion on them."
To this Cornet redder reylied, "Oh no, no, Fin quite
satisfied."
Serjeant-major Vialls pmiluced the regimental book, en
which the ages of the officers and the horses are entered.
The defendant was born on the llth of March, 1826, and
the colonel hail been an officer 22 years.
This closed the plaintiff's ease.
Mr. Watson, in a long address on behalf of the defen-
dant, contended the suppression of the fact of the un-
soundness of the hones at the time of the gale
amounted in the eye of the law to fraud; but here was
the commander on a cavalry regiment, with his wile,
selling a pair of horses to a young officer, which WM
known to be unsouad, and soon proved wholly worthier;
and it was the duty of the colonel to afford every pars
titular in connexion with those horse., and give the your.
man full opportunity of judging as to the bargain he
making. 'The learnol counsel made some strong com-
ments on a passage in one of the colonel's letters to Mr.
Tedder, wherein, an commanding officer, he advised this
latter to be cautious how he acted in the budgie., leaes
in the legal proceedings which it was his intends Id irk
.fitute, the defendant's character should be implicated as
an officer and a gentleman. At one of the inspections Of:
the regiment, the question Was put to Colonel Arthur,
the plaintiff, by General liretherton, " Do you sell hems
to young officers, or permit officers to sell them w
each other 3." To which the colonel replied in the de.
gative, being, of course, well aware of the inconvenient*
to the service which such transactions would caul.° ; and he

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