The Express.
London, England, 1849-07-30 00:00:00

ASSIZE INTELLIGENCE.

HOME CIRCUIT.
DIAIDSTONE, JULY 27.
CM!. StOre-BLIKIILZ 711ICIIIFF BARON ASO A NrICIAL JURY.
Ht an V. WINCH.—ACTION AGAINST • MAYOR TOE
RSV:SING TO ItETISS THE BURGERS LIST.
Thin was en action hr, ueht by Stephen Hurd, one of the
burgesses of the borough of Rochester, to Inform a penalty
of 1001. from the defendant, the mayor of that boron .h,
tinder the Municipal Refuse Act. for wilfully n.slettieg
end refusing to revise the urg, sees en•i•led to vote at
the municipal elections The defendant pleaded not cuff y
Serjeent Shoe and Mr. Boville.ere for the plaintiff ; Mr. M.
Chambers, Mr. Bodkin, and Mr. Rose were for the defen-
dant.

Serpent Bhee, in opening the cue, said he regretted that
open the present °gulden it became his dere to make a
charge Against a gentleman hitherto holding R high cha-
racter ar- ono hie fellow-citizens fee honour and ir.teet ity. of
having f.r party purnoses neglected to perform the duties
that devolved upon him SI cbief magistrate of the borough,
ar d thereby sacrificed the political privilege. of the inha-
bitants and deprived them of those rights to which they
were legally entitled. The learned serpent proceeded to
state that it would be unneceseery fee him to remind the
jury of the very strong *laud feeling that pre-
vailed at Rochester between the Ilue and the Vint
party, and he gave a very humorous deseripti m of
the state of pasties in the borough, stating that ha believed
it was notorious that a blue men would net bathe in the
same bath with a pink, or even walk on the sem* side of the
street, or be shaved by the same barber, or even al'ow him-
self to be cured of chcfera by the same clover, and be ob-
i served that what was attributed to the defendant' was that he
was not strong enough to resat the intitieree of party, and
that he had done what was imputed to him wi h the ohjeet
of furthering the interest of the party whose polities he him-
melt 'spot sed. Ho then explained that by the Municipal
Reform Act the mayor of a borough was bound to hold a
court between the Ist and the 15th October, end with the
assistance of two assessors to revise the list of bur:mats,
by hearing claims and nlieetion., and striking out
these who were disqualified ; hut the act r.quired
that this should all he completed on or before
the 15th, and if this was not done that list was
altogether abandoned, and the ensuing election f.r corpo-
rate officers wculd take place upon tho lit of the preceding
year. The defendant was by political feeling a strung
pink"—(laughter)—and es he was instructed the burgess
roll of 1847 was a rink one. In ISIS, however, there were
great changes, and a large number of fresh claims and also
of objectines were Rent in by the bine party. The defendant
fixed the 9th of October to commence the revision, and as it
became apparent that there would not be sullied-at time to
et-,mplote the list b./ the time preecriteed by the act,
if all the objectitne were gone into. Mr. Stolney
Smith, the agent for the blue party, consented to withdraw
01 his objections. The defendant, however, notwithstand-
log this withdraws!, persisted in going into every cue, end
the effect was that the time allotted expired, and the list for
HIS became void, and the pink list of the preceding year
was substituted for it. The ground upon which the present
action was brought against the defendant, therefore, was
that he bed wilfully ercupied the tires allowed for the rev i-
sion in going auto objecti ns where no party made them or
supported them, and did thereby neglect his duty and
rendered himself mune la to the penalty prescrib.d by
the act.
Mr. P. Harrow was then examined ;he said—l was one of
the assemors ante inted to resist the defendant in revising the
list of burgesses in 1648. Iwu the blue assessor, end a Mr.
Wood acted for the pinks. In this year party feeling ran
very high at Rochester. The pick is what is called the con-
'creative, and the blue represents the liberal party—
cannot go the length of saying that a pink would not bathe
in a blue bath, or be cured of cho!ere by the same doctor ;
but they were certainly very much opposed to each other.
A laugh.) The court at which t)..e mayor presided gat
&et on the 9th Oct , and all the different lists were handed
in, srd Mr. Smith acted as artent for the blues and Mr.
Church for the pinks. On the first day the pink agent con
vented to abandon sixty objections, but the next morning he
refused to do so, saying they had had a meeting and con-
sidered the conduct of the blue party so gross that they
should ant withdraw their objections. I believe this had
reference to the number of oldectinne taken by
the blue party. On this day Mr. Smili with-
drew 147 objections he had made to pink burgesses,
and he at the same time remarked to the defendant
that unless exertion were used, the revision c sold not he
completed within the time, but the muyer nplied that he
would cot sit after four o'clock. Mr. Esse 11, the wader-
sheriff, had been objected to by the blues, bet when he app--
peered, the objection was withdrawn. Ile 'aid that he would
not accept any courtesy from the blue t.hjecters, and. insisted
upon having his qualification esettoioed. The objections
against several other parties we re withdrawn-, but they also
insisted on having the it o:aldifications inquired into, and
although no one obieattail to them, the defendant allowed all
these on" to be '.nquired into, and the gee star pert of the
time was oco:pied in this manner. On Friday morning a
protest was handed to the defendant. camplsinine of his
witW.npr the time in this um nor, and reminding him that the
ct would be that the list could not hr revised in I:me, and
he said that be should take no notice of I retests. There
were altogether more than GOO new claims and objections,
and only a portion of them had been got through at the
closing of the court.
The Chief Baron remarked that if the act of parliament
did not allow sufficient time, it was unreasonable to expect
a man to injure his health by sitting night and day.
Berjeant Shee said that his casts was that the deli what had
wasted time by going into objections that were abandoned.
Examination continued— The mayor allowed all the
uses to be gone into, although no one objects d, and, in
some cases, ten or twelve hocks wore examined to
make out a qualification which was not objected
to. It was quite a force, and the mayor fre-
quently burst out laughing, and seemed to enjoy the
scene. (Much laughter ) 1 got quite sick of it at last. and
would not go through the same thing again for um When
a burgess cams up, and he was told that the objection to his
claim was withdrawn, hr replied, " Ah, but I must have my
qualification cumin( d," and then all the b mks were pulled
out, and the farce gone through of examir kg them. (Much
laughter.) The mayor seemed quite in his glory all the time.
(Laughter.) It would have token a week mere than the
time allotted to go through the list at the rate they pre -
cee dud ; hut in my opinion it might all have been complete d
in-three days, if the mayor bad done his duty.
The jury, without any summing up by the judge, returned
a verdict for the defendant.

OXFORD CIRCUIT.

fillitZWeliCAT JULY 27.

The oommirdon was opened here on Univ.:lay evening
by Mr Justice Erle, Baron Rolfe being detained at Stafford.
On Friday morning both these learned judges Wended
divine service a' St. Chad's parish Church, =media, ly
after which they repaired to the Guildhall, and the bueineer
f the amiz-s commenced ; Braun Rolfe presiding in the
Crown Court, ar d Mr. Justice Eel- in the Niel Prins Ccurt.
The criminal lupine's of the emir,' is not heavy ; the calen-
dar cootainir g about 30 ehargeP, the most se. loos of which is
the Queen r. Newton, a ease of Olney! matricide.
CROWN COURT,-BFRORX Ma. BARON ROUT.
THE ALLEGED NIATHICIDE AT BEIDONORTH.

Mercy Catherine Newton was indicted for the wilful mos,
der of her nr.ther, Anne Newton, at Bridgoorth, on the sth
of December 1 st. '
The reader. of the Daily Newt will remember that at the '
last Spring Awires ter Shropshire this case wee tried at great I
length, and the jury, after being locked up for nearly twenty
hoer's, were discharged without agreeing to a verdict.
The prisoner was now put upon her trial again, and the
court wa. crowded.
Mr. WEirm re and Mr. Phillimore were conreel for the
prosecution. and Mr. Rwlelleston and Mr. Rupsrt Seale for
the prisoner.
At the commencement of the proceedings Mr. Ruddleston
took en objection to the record on the ground th ,t the pr'- '
goner having been one-triad, the jury had been discharged
without romire in a
After hearing Mr. Whitmore on this point, Mr Baron Rolfe
sent for Mr. J oath-. Erie, to consuls him, and the result was, I
that the record. with come alight amendment, was sufficient,
and the trial should pros ed.
The indiernent was thrn read. It cnntaineri ten counts,
varying the charge a. to the modes in which death wes al-
leged to have been i, flicted, namely, by suffor ati .n, stransm-
latirs, burning, pressing, iku. !ne prioraer pleaded not
goylf
;
mr, Waimore then Draeraeri to state the cast for the
prweoltion, rafter which he eillyd,
Mary Cos &I t, who stated that she lived in the service of
Mr. Dyer, of Bridgnorth, in Yams. service the prisoner also
lived ; witness dent in Mr. Dyer's bed-room, on a sofa,
as he was cot able to attend to himself ; the prisoner
usually slept in the next rent ; her nether was

LAZIVID.

liiiiA

DUE.

Hamburg.
Holland
143140t1
Pacific
India via Southampton
India via Marseilles
Roston an 4 Halifax
.)lexien and Havannab
We-t Iva
Brazil

ARRIVED.

ARTA —at Deal. July 27, from
Ala Nol4—at FAlnsoutli, JWy RO. (rota
ANNA rav—at latutnutl., July 27, from
. .

Aug. 6
Aug. 7
July 28
0
0
Aug. 22
Aug. 7
July 26

Malta
Al•alL
New Orleans

An-at Gull, Jolr 2i, Is Trieste I
AMU*. Ass-at (real, July 27, from Newcastle
E. .t.-at Palcombo. July 27, from Mediterranean i
Auswramos-at Prottan l Firth, Jul. 23, from Mlrantichl
ANNICF.LIEt AND JANR-at Naiad klEal Jai) ZS, from Quebec
Ates-at °mowed, July 22, from BMW 1
Aerrvu-at Gravirend, July 22, from Marra
AIAD-at Gravornil, July 29, from Cape
Anemia-at Grameend, July 29, from Memo I
Ananater-ot Liverpool, July 29, tram Bt. John, N.B.
Amax ~-at Gravesend, July NI, from New Orleans
Berrnovra-st Gravesend, July 32, tram Callao
BUEAM-at Bristol, July 29, from Itlebibucto
Baurimuar.-at Gravegend, Jul !9, from Odessa
Barr‘NNlA--at Deal, July 27. .l2anderland
Ben INN TIAG-Off Randertaatt, July 27, from Memel
Bassin-at Longbow, July 20, from Quebec .
Couvs-at Bristol, July 26, from Quebec
CAMP lIONA -It Falmouth, July 29, from Pannonia 1
Comoros-at Hull, July 27, from. Aeon'
Caro-at Torbay. July2ol from London
Crowe? -at Gravemend, ale 22, from Memel
Darwrism-at °reverend, July 29, from. Wyborg i
Drvonv-at Falmouth, July 26, from odcon
DAPHNE - at Deal, July 22, from rattle
Etras-at Cork, July 26, from Baltimore I
Marmot -at Deal, Jul, 27, from Sunderland
Knout-at Deal, July 27, from No:wearily
Ft no--off Dover, July 27, from Peter...ham ,
lEnnui-off Mauro': July 27, ham. Peteraburt :
Emity-at Gravesend, July 29 from Chri.tiipaand !
. VIOTII -MtlinnelVql.l July 29, from Harlingen '
; pi I,Drrll-at. r...ravt:red, July 29, from Wionar
' E1.1.0,01l AND ANN-at Gravesend, July 29, from.. Mum:ring 1
rmilyy -at Liverpool, July 24, from oartviry
Fria osstau-ot firsveyend, July 29, from Drolok
Fah:maws --at GTSMIPtIa, Jul. 2‘. from Gothenburg I
FINLAND -at Graarren4l, July 29, from .Mears
Tatar --at GINIVer4IIII, July 29, from PeterAurs
PAPHVIISTV-at Yarmouth Rinds, July 27, from Galata
Fsaimow -at Torbay, July 27, from Lrghurn
Cu., ltonisers--at Graver end. July 29, Newton:Whoa!
lit mute-1t Liverpool, July 29, from Autigna
/Nan or Oax-at Liverpoo', July 27, from Arica
I IIAmoNT-at Orayested, hay Vi, tnii. -Ostnnbors