The Express.
London, England, 1853-06-17 00:00:00

Lai° **lithium.

COURT OF COMMON PLEAS.—YurzanAy.
TITIINW AT Nix PIW. I. rwinr3.x.--13aroaa Mi. Jrlllol

TAISUCID A%D a COl/110X

Dace T. MONX.—CRIX. CUL

This was an action brought by the plaintiff to recover
damages for criminal conversation had with his wife, and
the plea was not guilty.
Mr. Serjeant Byles opened the case, and said that the
plaintiff was &journeyman whitesmith at Slough, and the
defendant was a master baker in the same town ; and the
action was brought to recover damages for a most serious
iejury which had been ii.tticted upon him. In the course
of the plaintiff's business he was in the habit of being from
home during the whole of the day, and his custom was to
leave his wife money for necessary household purposes, and,
among other things, to buy bread with. The plaintiff was
the father of three children, and the defendant was about
32 years of age, and was also a married man. The defen-
dant was in the habit of calling at the plaintiff's house
during his absence with bread; and he believed that the
plaintiff's wife had got into the defendant's debt. The
charge against the defendant was that taking advantage of
the plaintiff's absence, and of the power which the
circumstance of the wife being in his debt gave him, he had
moat cruelly abused those advantages. It would be shown
that the defendant was in the habit of calling with his cart,
and he left his cart sometimes at the door, and sometimes
at the corner of the street. The frequency of the visits,
however, and the length of time which the defendant
stayed, attracted notice, and caused some unpleasant
rumours in the neighbourhood. The parties, as usual in
cases of this kind, were at first so cautions that, although
rumours existed, nothing definite was known ; but
frequency produced negligence and want of caution, and
the result was that, in December last, a person named
Anne Brown saw Mn. Dare and Mr. Monk in such a poai-
lion as could leave no rosaible doubt of the guilt of the
parties. This person went home and told her mother what
had happened, and shortly afterwards the plaintiff received
from this defendant's attonny a letter dated the 28th
January, 18.13, and in these terms:
" filir,—Mr. Edward Monk, baker, of tiptoe, and others,
having been with me on the satinet of some gross and un.
founded reports that have been circulated respecting him,
I shall he glad to see you as soon as yen can conveniently
give me a call. From six to nine In the evening will suit
me."

The plaintiff, however, like a prudent man, declined to
go to the office of the defendant's attorney, but instead of
doing so, he brought the present action to recover damages
for the serious and irreparable injury which has been
inflicted upon him.
Witnesses were then called in support of the foregoing
statement, and the jury found a verdict for the plaintiff—
damages, SOL

COURT OF EXCHEQUER.-YESTERDAT.
BrITINOS a Nut Pau, —llt mai MI6 BARON NAOMI ALD
Commix Juin&

IZNITN ♦ND ANOTHER v. FINDEPL-AN ATTORNIT'S

This was an action to reco;e729o/., the amount of an
attorney's bill, the defendent being • director of a defunct
company, called the " Auatraliiin Emigrants' Monetary Aid
Society." The defendant had paid Sit into court.
It appeared that subsequent to the appointment of
Messrs. Jenkyn as solicitors to the company by a resolution
of the hoard of directors, another resolution was entered in
the book., authorising the solicitors to prepare the deed of
settlement, on the understanding that if the company did
not succeed they should only charge their costs outof pocket.
Mr. Boyd, one of the directors, and the promoter of the
company, stated that this resolution was read over to Mr.
Osborn Jenkyn, who assented to it, but Mr. Jenkyn,
who was called in support of the plaintiff.' case, denied that
he had ever been cognisant of the resolution. This was
the only question in the cue. The sum paid into court was
intended to cover the coats out of pocket.
The jury returned • verdict for the plaintiffs for the
amount claimed, subject to the Master's taxation.

CENTRAL CRIMINAL COURT.

OLD COI:RT.—YESTERDAY.
(Buoas ris LORD Court (Una, um Mu. Irwin Lam)
KILLING A WITZ.

Francis Mead, 42, was charged with the manslaughter of
his wife, Mary Mead.
The facts of this case have appeared within the last few
days in the report of the proceedings before the coroner and,
at the police court. The prisoner, who is a shoemaker,
went home in the evening, and, having had some quarrel
with his wife, it appeared that he attacked her in a most
brutal manner knocked her down, and kicked her as she;wu
ilying on the ground. The effect of the injuries so inflicted
i was, that two of tho ribs of the unfortunate woman were
broken, and the end of one of them was forted into the
lungs and occasioned death.
The jury found the prisoner Guilty.
SaraA Minchin, 17, a good-looking young girl, was
indicted for feloniously cutting and wounding Frederick
Smith, with intent to murder him.
The circumstances of this case were of a very extraor-
dinary character. It appeared that the prisoner was in the
service of a tradesman residing in Cambridge-street, Hyde-
, park, and that the prosecutor was his son, a lad thirteen
years old. About 'even o'clock on the morning of the 22nd
May, shrieks were heard to come from the bed-room occu-
pied by the prosecutor, and upon a young man named
Cushion, who slept in another room close by, going in, to
found- the prisoner in the act of endeavouring to cut
the throat of the lad with a carving knife. He wrenched
the knife from her before she was able to do any serious
injury with it, and the prisoner then fell upon the
bed apparently in an insensible state. There did not appear
to be any ground for supposing that the prisoner had any
malicious feeling towards the lad, and all that was proved
upon this point was that there had been some trifling alter-
cation between them upon the subject of a penknife a short
time before.

hlr. itibton, in ►is address to the jury for the prisoner,
after Tel/larking upon the very extraordinary nature of the
ease, urged the probability that she must have committed
the act while under the influence of some frightful dream,
and that she was not aware of what she was doing. He
said that the condition of the prisoner precluded her from
obtaining the evidence of eminent medical men upon the
subject, but he called the attention of the jury to several
cases where p►rties were proved to have committed most
extraordinary acts while under the influence of a frightful
dream or in a state of somnambuli-m.

The Chief Baron having summed up the ease, and ex-
plained the law upon the subject to the jury, they, after
a short deliberation, found the prisoner patty of the minor
offence of unlawfully wounding.
John Yates, 64, wee indicted for feloniously attempting
' to discharge a loaded pistol at Frances Yates with intent to
murder her.

In this case it appeared that the proseentrix was the wife
of the prisoner, and they bad been married 26 years, and,
according to the evidence of the prosecutris, they had lived
happily together until the last live or six year., during
which period the prisoner bad given way to habits of in-
temperance, and frequently made use of violent language
and threats towards her. For some time before the oc. '
eurrence which formed the subject of in of the prisoner
bad carried a pistol about with him, and he had repeatedly
threatened that he would shoot his wife. On the 25th of
May it appeared that there had been some little altercation
between them, and while the promieutris was in the act of
drawing some beer the prisoner put the muzzle of a pistol
in her face. She exclaimed, " Oh, John, don't shoot me,"
and pushed the morale on one side, and at the same instant
the prisoner pulled the trigger of the pistol, but it did not
explode. Ile then seized the proseeutrix by the throat,
and was proceeding to further acts of violence, when some
other persons in the house interfered, and the police were
sent for, and the prisoner was taken into custody. The
pistol, which was a double-barrelled one, was after-
wards found in the garden of the prisoner's house, and, on
the charge being drawn, it appeared to consist of gun-
powder, shot, and also a marble. While the prisoner was
being conveyed to the station-house, upon the officer telling
him that he was charged with attempting to shoot his
wife, he replied that, if he had known there was going to
be such a fuss made about it, be would have gat a razor and
cut her throat; and he added, that he conk easily have
done it. _

The prows, when called upon for hie defence, merely
said that the witnesses had sworn falsely against him.
The jury found the prisoner Guilty of attempting to
shoot the prosecatrix, with intuit to do her grievous bodily
berm.

----
The following prisoners, upon whom judgment had been
respitod, were then brought up to receive sentence.

SENTENCE 0N WILLIAM WILSON.
William Wi,son was the first placed at the bar.
The Chief Baron, addressing the prisoner, said that he
had pleaded guilty to an indictment which charged
bin with having threatened to publish certain mat-
ters concerning the Right Hon. William Ewart Gladstone,
with intent to obtain from him some appointment or place.
From the undisputed statement of the learned counsel fur
the prosecution, supported by the depo.itions, and from the
statement of his own counsel, it appeared that there was not
the slightest ground or excuse for the threat that had been
thrown out by him • bat it appeared, however, that after
the prosecution had been instituted he had made whatever
amends he could by pleading guilty and avowing his offence
to the fullest 'stmt. The circumstances were very short
and very few, and it was unnecessary now to repeat them.
His counsel had urged some points in his favour, and they
were concurred in by the counsel for the prosecution.
These points were that there did not appear to be any con-
cert or connexion between him and the unfortunate person
whose tale of distress attracted the attention of the prose-
cutor ; that tha re did not appear to have been any pre-
meditation ; sad also that there was no reason to suppose
that the act was part of a system put in practice to obtain
• guilty livelihood. It al peered that it might fairly
be believed that hr bad been actuated by some sudden
impulse, sad that he seized the opportunity afforded
him to commit the offence in tne hope that he
should net commit it in vain. It was only very
recently that such a proceeding was made to
amount to a distinct substantive Mime, and un-
doubtedly if it had been shown that thi re had been any
concert between him and the woman, or that there was
any reason to believe that it was a part of &system of crime,
the court would have felt itself justified in proceeding to
the full extent of punishment permitted by the legislature.
Taking into coati& rat ion, however, that nine of these
aggravating circumstances had been proved, the character
he had received, the suddenness of the occurrence end the
absence of premeditation, although undoubtedly the
offence less of the most dangerous description, and was a
form of robbery the most fatal, not only to the general da-

terest of society, but to the peace of the individual sod his
family upon wham the attack was made. still the court
would, for the rcasoos stated, not proceed to the full ea-
, tremity of the law, but under all the circumstances of the
particular ease, the sentence upon him would be that be
be imprisontd and kept to hard labour in the House of
earrettion for twelve Weeder months.

•._ _
Thomas ardy and Plaltip Eaglegon, who had pleaded
guilty to stealing letters from the Post-ottice, were severally
sentenced to be transported for ten years.

MILD.d SZNTENCI.

Francis Mead was the next prisoner brought to the bar.
Mr. Justice Erie said he had been convicted of causing
the death of hie wife by the most brutal ill treatment, and
it was the bounden duty of the court iu such cases to show
the public, and particularly the weak and defenceless por-
tion of the community, that the law would do all in its
power to atfurd them protection, by making a severe ex-
ample of persons guilty of such unmanly and brutal
conduct. _

He then sentenced the prisoner to be transported for ten
years.
Sarah 3finclren was next brought up.
The learned Judge said that the circumstances of this case
were so peculiar, that he hardly knew how to deal with the
prisoner. Taking all tke facts, however, and the youth of
the prisoner into consideration, he felt that he was justified
in paling a lenient sentence, which was that she should be
imprisoned and kept to hard labour for three months.
. .

Truhn Yates, the only remaining prisoner, was next placed
at the bar, and the learned judge, after commenting upon
the atrocious character of his offence and the narrow escape
be had had from committing the crime of wilful murder,
sentenced Aim to be transported fur twenty years.
In consequence of so many heavy cases having been post-
poned to the next session, the business of the present one
was brought to a conclusion this afternoon, and the court
at its rising adjourned to Monday, July 4.

THE POLICE COURTS.
MANSION-HOUSE.

Denis Long, a person who had the appearance of an
hostler, was brought before the Lord Mayor upon the accu-
sation of Mr. William Finer, surgeon, of Dunstan-street,
Kingsland-road.
The prosecutor said on Tuesday evening between seven
and eight o'clock I got on board a steam boat at Hunger-
ford Market to come to London Bridge. The prisoner
came up to me and said before the passengers, addressing
himself to me, you owe me 17/. You are a betting
office clerk. He was drunk, and I had n in my life
seen him before. He threatened to throw me into the
river, and he persevered in calling me a betting office clerk,
and declaring that I owed him the money. This eon
tinned until we reached London Bridge. Ile said, amongst
other things, that if I would give him 51. he would not
chuck me into the Thames. I resisted tho condition, and
upon the arrival of the steamer at Loudon Bridge gave him
into the custody of a policeman.
The Lord Mayor—You have of course nothing to do with
any betting houses ?
The prosecutor—Nothing whatever. The whole conduct
of the prisoner was most intolerably insolent, and re-
monstrance and denial had the affect of making him
worse.

The Lord Mayor—Prisoner, what do you say in answer
to the charge of so serious en outrage ?
The Prisoner—l made sure the gentleman was the part
I betted with some time ago, and that dens me out of 17
which I non. lam sure lam sorry for it, but I was drums
when I saw the gentleman.
The Lord M. yor—Who are you ?
The Prisoner—Well, I go about to races, and I bet on
commission for gentlemen. I backed a horse for a gentle-
man in Threadneedle•atreet, and I thought the clerk in
whose hand I deposited the money was this gentleman.
The Lsrd Mayor—l know the gentleman in Thread-
needle to whom you refer, and I am convinced that he
would not employ such a fellow as you on such an occa-
sion. . .

Tho prosecutor—He was so positive in charging me that
in all probability some of the passengers thought he was
right, and I was determined to give him in custody to do
away with the effect of such an imputation upon my
character.
_ _ .

The Lord Mayor—You acted very properly. Such ex-
tortioners as this man are doing nrich more mischief than
ordinary pickpockets, and I shall be glad to have such
cases as occur in the city brought before me. I advise you,
prisoner, to give up this sort of villainy, and that you may
have time to reflect upon your conduct, I sentence you to
seven days' imprisonment in gaol and a bread and water
diet during the whole of the time, and I trust that you will
come out benefited by my prescription.
Patrick Croley was charged with having battered the
house of his landlord, a quiet tailor.
The prisoner, who is a drunken fellow lately arrived from
Ireland, had with his wife resided in the complainant's
house, but as he refused to pay any rent, and was perpetu-
ally annoying the other lodgers, the landlord served him
with notice to quit, and at the same time sent his wife a
release for four weeks' money due in order to secure his
departure. This way of getting rid of so troublesome a
customer, however, proved ineffectual. Mr. Croley sud-
denly appeared in the house, and broke not only the win-
dows but the doom and the furniture of the rooms, and
would soon it was believed have broken the limbs of the
inhabitants, if the police had not been summoned to their
assistance.

The prisoner mid he did not think himself accountable
foe his acts, as he did not know anything about them, tor
he had been drinking all day, and he could not even guess
with whom.

The Lord idayor—l flue you 25.., or a month's iropri-
0011Ment.

Committed.
His Lordship requested that the press would acknowledge
his receipt of ten shillings " from a penitent," and " half
a soveretga found in a shop," for the poor box, and dl. as
"an emigrant's offering for the relief of the distressed."

OUGII-STREET.

John llncloon, a well-dremea young man, was charged
with stealing from Ann Bala a purse containing three
half•erowns. _ _ .

The prosecutrix said she we. a single woman, and was
cook to Mr. Surott, of No. 1, Cavendish-square. Yester-
day evening she wu looking at a print shop in Pall Mall,
when she felt some one press against her, and on looking
round she saw that the prisoner had her purse in his hand.
Sne felt in her pocket to convince herself, and missed her
puns from her pocket, where it was safe a few minutes
before. The prisoner then ran away, and a gentleman to
whom she had spoken followed him and gave him in charge.
John Watts, constable of the Open-arcade, proved
taking the prisoner into custody, and finding the purse and
contents upon him.
The risones declined making any defence, and was fully
committed for trial.
__

--...-- -- ---..
SOUTHWARK.
Edward Whitehead, a respectable-looking young man,
was charged with stealing a pair of trousers, a book, hand-
kerchief, pair of sheets, and other articles, the property
of George Kempt, coffee-house keeper, 94, Unlon-street,
Southwark.

1"1,115•4a NJ Me
Prosecutor stated that the prisoner had lodged in his
house near three months, and during that time had been
treated like ono of his own family. On Tuesday last he
decamped suddenly, when witness mimed a number of
articles, some belonging to the lodgers, and others to himself.
On passing a book stall on the previous evening in the Black.
friar's-read, witness saw the book he had lost lying for sale,
and on proceeding farther he met the prisoner, when he
called a policeman, and gave him into custody. lie had in
his possession a bundle, which on being searched contained
the pair of sheets, and a pair of boots belonging to a lodger.
The other property had not since been found, and he had
reason to believe that he had been robbing him every day
that he had lodged with him.
In answer to the charge the prisoner said that as for the
sheets they must have been placed with bis linen by Mrs.
Knight, who did his washing, and the boots were an old
pair thrown away by one of the lodgers. The book he knew
nothing of, neither had he stolen anything.
The prosecutor said, if the prisoner was remanded he
should be able to prove that he sold the book, and the
other property might be discovered. Ile considered the
prisoner to be an ungrateful young man.
Mr. Seeker said the fact of the sheets and boots were sbf-
fieient to detain him, and as the prosecutor required time to
look after the other articles, he should remand him for •
week.—Remanded accordingly.

A KING'S NOTION OP SABBATH OBSERVANCE.— I
For more than half a century (says a Berlin correspon-
dent) open-air concerts have been given on Sunday morn-
ings during the summer seuon, and have been much fre-
quented by the common people. The government has been
memorialised by persons who see in these recreations a
Iviolation of the Lord's Day. The Zeit reminds us that
similar addresses were sent to the late king, Frederick
William 111., who replied in the following letter, which is
given in his life by Bishop Eylerta: "It is no matter,"
says the king, " whether these concerts take place in the
morning or in the evening: every man enjoying health
must have his religious sentiments awakened by hearing
good music in the open air, under a bright sky, and sur-
rounded by trees. Many representations have been made
to me against these concerts, hut they have not convinced
me. It is the same with the nurneroas books that are
written against the theatre. A little while ego a poor man
living at Eiberfeld wrote me a letter, entreating me by the
love of God, and as I was a Christian, to g.) no more to the
play, to avoid injury to my soul. This gond man had the
best of intentions. I gave the letter to Witzleben, and told
him he must answer it kindly in my name. Men in gene-
ral are terribly narrow, and Ile rho is not a
AsVIXII FOR luleas.—Yesterday' the ceremony of
laying the foundation stone of the new Asylum for Idiots at
Earlswood, near Red-hill, Surrey, took place under the
auspices of his Royal Highness Prince Albert, who ap-
peared on tho ground attended by Lord Robert Grosvenor,
Viscouut Ebrington, Lord Calthorpe, and many other dis-
tioguished persons interested in the cause of the institu-
tion. In the evening the anniversary festival of tie insti-
tution took place at the London Tavern, Bishopsgste-street,
when about 150 gentlemen sat down to dinner under the
presidency of Lord Wodehou,e. Subscription wi re an-
nounced towards the building fund amounting to 10,0001.11
SUICIDE OF A EHALB I /EBTtilt IN HORNINONGER-
LAN E GAOL.—Yeaterday morning a female debtor ci nfined
in Homeowner-lane Gaol was discovered with her throat
cut, and quit- dead. The name of the deceased is Eliza-
b th Edlia Edwards, nged 70, and a w*low. She had b. en
confined fur debt about three moths, and hail a raom to
herself. Nothing particular had km seen in her conduct
by the warders, one of whout locked Ler mom, ar.d left her
ai urea! on Wednesday night; but when Oro went yester-
day morning, and unlocked her apartment, she was horri-
fied at seeing deceased lying on the floor dead. A furor
was lying by her aide.