The Express.
London, England, 1848-08-12 00:00:00

ASSIZE INTELLIGENCE.

HOME CIRCIIIT.—GOILDFOtto, Aro. 11.
Cnem Stou —Before the Lord Chief Baron aml special Jury.
CLAIM FOR EDUCATING A SISTER.
SCAIWELLINI o. SEYRANNE.—This was an action brought
by Laois& Scarpalini sgair at the defendant and his wife
Marietta. The declaration alleged that before the marriage
of the defendant his wife had contracted a debt with the
plaintiff, for board, lodging, education, and necessaries, and
this action was brought to recover 2001. The defendants
pleaded, first, that there had been no contract ; next, that
the amount had been paid ; thirdly, that the lady was an
infant at the time the debt was incurred ; and fe cetbly, the
Statute of Limitations; but to this last idea there was a de-
murrer, consequently it was not involved in the present
inquiry.
Mr. Gurney stated the case—rather an extraordinary one.
He said the plaintiff was a native of Italy, but she had re-
sided for many years in England. The defendant was a
brewer at St. Allan's, and he believed he should be able to
show that his wife was the sister of the plaintiff. He made
use of the expremion " believed " no account of the peculiar
character of the transaction fur the principal question in the
case would be whether this lady was or was not the sister of
the plaintiff, as it was for nc orsiarics funthed to her in that
position that the present action was brought against the de-
fendants. In the year 1833, the plaintiff having received an
intimation of the death eta near relative, proceeded to her
native village in Italy, and she there found a younger sister
almost la a state of destitution, and when she returned to
England she brought her back with her. 'hat sitter remained
with her stopping at various places, until the year 1338,
and during all that period the plaintiff provided for her. In
that year, the chid being between ten and twelve years old,
a gentleman was struck with her talents, of tred to adopt
her, and she was taken away by the gentleman in question.
From that time to the present the plaintiff had altogether
lost sight of her sister; she repeatedly applied to the gentle-
man who hml taken charge of her to dlow her t., see the
girl but he refused, and it was only I,y a combination of ex-
traordinary circumstances that the pl.:it:l4f at length ascer-
tained that the defendant had WWI'S.I her sister. the
plaintiff being satisfied of this fact went to the residence of
the defendant and requested an interview •with his wife, but
Mrs. Seyranke refused to see her, and denied all knowledge
of her. Repeated attempts had bean made, b.th by plaintiff
and some friends who had known Mrs. Seyranke, but without
success. The claim, as he had before stated, was for board, lodg.
intoind other necessaries furnished during a period of five ye an,
from 1833 to 1435, and with regard to the law upon the sub-
ject it ei,pc area to him that a parent might he legally hotrod
to a_.pport a d.ild. No such obligation was mot rip .a a
sister, and t v plaintiff has therefore ent.tl..d to recover in
the present action.
Mrs. Ann Brand was examined first. In 1836 I was re-
siding in Berrien street, and Mad.the Searpelliai ant her
sister lodged in my house. The ehilil appeared to be from
ten to thirteen years old. They remained in my house three
[south.. and during all that time Madame Scarpellini tr ated
the child with the utmost tenderness. don t think 1 should
know the sister now. The chil3 was a foreigner, and she
and her siso r used to converse together in !tali in. I don t
remember anything remarkable about the nose or teeth of
the child.
Serjeant Shee, for defendant, mid he shout.' decline come-
examining any of the witnesses at present, .a, in the result,
it usiela he unnecessary 'or him to do so at all.
Signor G:olonni Rive—l am a nioive of Milan. In 1533
I was engaged as a prof. 'soy of the Spanish guitar and
singing at E.l.r.burgh. 1 was introduced in that city t the
plaintiff and her bitter, Marietta Sea:palled, and I tati_lit
e little girl the guitar for nine months. She WAS a v- ry
clever child, and made great pr •gres.; and she playol at a
concert, and received much anpl.ute. I Iv ow the plaintiff
' and her sister afterwards in London. 1 wee• paid ten guineas
Labi intdi Itnter tor teaching the young lady the guitar. The plaintiff treated
her sister with great kinddess Guring the ~:hots. time I wee
acquainted with them. Guides music and sin,ine, the young
HOUSE OF LORDS. lady received instruction in French from a lady named
In Committee for Privileges. Jourdain.—The learned judge here interposed, and said
The Lords met M committee at 11 o'clock, the Earl of surely these things could not be taken as neceosaries for a
Shaftesbury in the chair, to dispose of the following peerages: young perton without any fortune or expectations.
THE EARLDOM OF CRAWFORD AND BARONY OF LIND- Mr. Gurney submitted that they were necessaries in this
SAT.—The claim of the Earl of Balcarres to these dignities point of view. The plaintiff was anxious to make her sister
in the peerage of Scotland has been before the committee accomplished in order that she might h..ve a better prospect
frequently, for the purpose of taking evidence, in 1846, 1847, of advancing her condition in life.
and in the present session, and has been as often noticed in The Chief Baron said he could not look upon the matter
this journal. It was entirely a case of pedigree.—The Lord in that view. It might be all very weil for a minor at Ox-
Chancellor and Lord Lyndhurst now severally expressed ford, highly connected, and who had large expectations, to
their opinions that the c.sim was satisfactorily made out, and keep hortes and incur other expenses, and they might be
it was resolved accordingly, and the chairman was instructed considered as morale:Om for him, having regard to the station
to report the resolution to the house. he would ultimately have to till, but the case of a young
THE PERTH PEERAOE.—The calm of the Duke de Mel- woman who had neither fortune nor expectation was very
fort, in France, to the dignity of Earl of Perth, in Scotland, different —Examination contidued : The young lady wee
was also before the committee several tint, sin the session. of also taught Italian, and likewise had a writing master.
1846 and 1847, and as often noticed in this journal. The Mr. Ogle (for plaintiff)—Caa you describe the appearance
claimant made out his pedigree satisfactorily, bat throu. h of the young lady f—Witness : Sae we- tall, her hair was
ancestors who were attainted of treason for their too faithful inclining to dark or brown, and she had, a very fair skin.
adherence to the exiled royal family of Stuart_—The Lord. She had a very fine nose, but I cannot tell the name of it.
Chancellor now entered very fully mto the questions of law (A laugh ) I was requested to go to St. Alban'a three
and effect of the attainder of a peer in the enjoyment of the weeks ago to try to see her, but wheal got to Mr. Seyranke's
I dignity upon his descendants and heir- collateral, and cam. house I found all the blinds drawn down and I we' refused
to the conclusion that the attainder' in this case barred the admission. I could not get a sight of th , young lady.
claim.—Lord Lyndhurst expressed the like opinion, saying Mr. Joseph Shipton : I reside near Windsor. I know
that there were in this case three attair.ders ; bat, confining Mn. Seyranke. She went from my house to be married is
himself to the attainder of James, the fourth earl, he had no the name of Shiptit She had been living in my house fat
doubt at all that it barred this claimant's right, and his peti- ten yearn, from the month of April, 1838. Ste was entrusted
Lion ought to be disallowed.—Reso.ved arc udinglT. to me by a woman whom I met at Naples, who Odd me her
THE SOrTHESK PEEILAOB.—The claim to this dignity, name was Louisa Scarpeliini, but I have titers beard that that
also a Scotch title, came before the committee for the fro is not her real name —Mr. Gurney : You have been ea
tune on the 3rd inst ,on the petitina of Sir James Carnegie, attorney, have von not, Mr. Shipton ?—Witnera: I have.—
Bart., to the Que,n, claiming the titles and dignities of Mr. Guru n you ought to kit that ou have no
" Earl of Southesk," and " Baron Carnegie, of Kannaied." right to say anything about what you have he
The cose presented by the claimant stated that his ancestor, Serjeant Shea objected to the =unman ion Fitipismt
Sir David Carnegie, of Kinnaird, in the county of Forfar, friend was examining his own witness
was, in the year 1616, created by patent Lord Carnegie with Mr. Gurney sai he knew very wellfaitionatithsg, did
limitations to him and his heirs male bearing that surname, Examination continued : I have ugh 40,..mAtivriord
.
, - •
•
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7:
4V

line Mts.
BUST OF SIR C. J. NAPIER.—A bust of one of
our "Rough eau Ready's," the late Governor of Scinde, is
now on view at Messrs. Colnaghils. The head, which by its
marked features is peculiarly fitted for sculptural delinea-
tions is tine, and its glance and at'itude expresses the deci-
sion and daring of the original. Mr. Patrick Park, who is,
we understand, the sculptor, has been unusually happy in
this bust.

SOIREE IN AID OF THE FUND FOR TILE DISTRESSED
NEEDLEWOXEN.—The society for the benefit of the dis-
tressed needlewomen of the metropolis gave a concert and
ball last evening, in the lianover-square-rooms. in aid of
the fund which they are raising, in order to provide a home
for the aged, indigent, and deserving class of necillewcmen.
The soiree was attended by a numerous and respectable
company. The concert consisted of favourite vocal'
and instrumental pieces, performed by Miss Ransford,
Miss Salmon, Miss Ellen Lyon, Miss Sara Flower,
Mrs. Plummer, Mr Elmsford, Mr. Calkin, Mr. Sporle,
Signor Ernesto, Mr. A. Sedwick, Mr. F. Chat-
tenon, Madame Santa Croce, and Signor Galli. There
wee nothing remarkable in the selection of music, but th
pieces were in general well performed and received with ep
plause. After the concert dancing commenced to the music
of Mr. Sedgwick's quadrille band. A number of works of
art, consisting of pictures, sculptur.s, and other articles of
vertu, contributed by benevolent individuals in order to be
disposed of for the benefit of the fund, were displayed in
the room. They are to be distributed in 400 subscription,
of one guinea, each subscriber to be entitled to s prize. M
they seem to be of value we have no doubt that the subscrip-
tion will be filled up, and that, by weans of it and the pro-
ceeds of the soirée, a considerable sum will be realised for a
truly beneficent purpose.

information to the plaintiff 'a attorney, and I have not been '
in communication watt the attorney for the defendant. I
was sulmmaaed to give evidence for the plaintiff—Mr
Gurney (handing the witness a letter): Is that your hand.
writing ?—Witue:s I believe this letter is my handwroMir,
but I have seen a similar one which is a fergery.—Mr.
Gurney : This letter, I believe, wan addressed to Madame
Boarpellini ?—Witness: This letter was addressed to the
woman from whom I received Mrs. Bey ranke. I undertook
to educate her and bring her up as my daughter.
The Chief Baron : How old was she when you first re•
aired her ?—Witness She had the impci canoe of • child
nine or ten years old, but the weman who entrusted her to
me told me she was eleven or twelve. She was a very small
Child, and did not appear more than nine or ten.
Mr. ()army said this was the case for the plaintiff.
&dome Shee submitted that no contract whatever
had been proved, and th.t there was nothing to go tc
the jury.
The Chief Baron said it certainly appeared to hint that
the state 0; things disclosed by the evidence did not esta-
blish any contract upon which a claim for necessaries could
be founded. What had been done by the plai•diff for her
sister was done Iron affection, or would be supposed to have
been done from that motive in civil life; and it could hardly
be @apprise.% that it could encumber a child with a debt to be
paid in after years. It seemed to him that it was the most
absurd claim that had ever been brought into a court of
justice, and if the jury should he of opinion that no contract
had been proved, there would be an end of the case. If,
however, they were not satisfied upon that point, the case
should proceed.
The jury almcnt immediately expressed themselves of
opinion that no contract for payment had been made out,
and Miry accordingly returned a verdict (or the defradant.

NORTHERN ClRCUlT.—Caetisne, Ano. 10.
Before Mr. Justice CresewelL
BOICDRR MARItI.IO6B.—BIOASIY.—J. Murray. aged 26,
wan indicted lor bigamy', having married Martha Sanderson,
his wife, Mary Corry, being still ulive.—Mr. James stated
the care for the prosecution, which was detailed in the evi-
dence.—J. Douglas: I live et Springfield, in Dumfries-shire.
In 1814 I kept the Queen's Head Inn, and was in the habit
et officiating at marriages. The prisoner came to my house
in October, 1844. Mary Corry and Rob. rt Hodgson were
with him ; and another girl I did not know. The prisoner
said he wished to be married to Mary Corp, and I married
them. I asked them it they were single people, and they
said they were. I *eked them it they knew any ruse or
impe.:tment why they should not be married, and
they acknowledged that they were both man and
wile. I said that they had acknowledged that they
were man and wife before witnesses, and that constituted
marriage by the law of &edited. That we, all that was
said. I produce a book. The entry here was signed by
John Murray: Mary Corry made her mark. Robert Hodg-
son and my wheels, Jane Douglas, sift, ed it also. This is
the temal course I have punnet in marrying people. The
entry is made on the 6th of October.—Robert 110 igsein,
wearer. Lengtown : I recollect going to Springfield with
Mary Corey and Elizabeth Murray, about fear years since.—
Cross-rxamtneel :• Murray and C rry never lived tog. thee
that I antler. She went away ; I can't say how soon an. r-
wards. They never lead a house. I have known M .rtha
Sanderson for a:veral years, and have seen her fre-
qtr. ntly.—Martha Sanderson : I live in Carlisle, and
am Darning the business of straw-hat making. I
lined in Langtown abut a year ago, and became
acquainted with the prisoner Murray. He offered
me marriage several months before January. I told him he
had been married b. lore. He denied it, and said he wished
to God his arm might rot off if ever be married that woman,
Mary Corry. On the 3let of January we went to Mr.
Murray s, the toll.ke. per at Allison's Bank. John Sawyers
went with us, and the prisouer raid he wanted to be mar-
ried. Murray asked if we were both sing]... We both said
we were. Murray then brought his hooka out, and we got
married. I don't recollect what was said. This was in the
evening, about severs o'cl ck. I went to my father and mo-
ther's house that night, and went to the prisoner's about a
fortnight afterwards, and lived with aim for three month. as
his wife. At the end of that time I went home to my
father's house, and he stopped at his own. Cross-
examined I went away because he promised to
be married over again to me. and would not. I
wanted to be married in church. I had heard it re-
ported about that Murray was married before, and I asked
him whether he was or not ? I won't swear that I never
threw travel up at the prisoner's window. I was often at
the prisoner's brforc we were married, by night as well as
by day. I sometimes went by the name of Baxter.—By the
Judge My (ether and mother lived near the peisoner. 1
need to go to his house at nights without their knowledge. I
never stayed all night with him : his sister was in the house.
—John Murray I keep the toll bar at Allison's Bank. I re-
collect the prisoner, Martha Sanderson and John Sawyers
coming into my house. He said he wanted to get married.
Murray and Srnderson stood up, and I asked them it
they were single ? They said they were. I Juiced
them if they declared themselves man and wife
before God and the witnesses; they said " Yea,"
and eigned their names in the hook, Martha mak in g r mtrk.
—Jane Little, writer, Annan, was next called. Ihe Clerk
of Arraigns read the certificate of marriage"( Murray with
Sanderson, after which the witness said : I have heard the
evidence given in this case. lam a writer, gnu acquainted
with the laws of Scotland. Taking the evidence of D0u..13.,
what pawed at Springfield, in o y opinion, constituted a legal
morreage. Tier contract must be entered iwo per verbs de
preventi. Na hat passed at Allison's Bank is ales.. sufficient to
constitute • marriage. —Cross examined : Time of day
maim no difference anywhere—in a regularly celebrated
marriage, people, may be married at all hours. If tie • iden-
tity be proved it. does not mater what names are given.—J.
Carmichael: Mary Corry is my sister. I saw her on the 20th
of July last. near Birmingham.—Cress-examined: She has
been able to write ever since I knew her. The paper produce:a:
is in her writing.—Mr. M Athews a-as afraid the evidence that
lead been heard could not be rebutted by any fact he could
urge in favour of the prisoner. He would submit that the
9th of Geo. IV. did not extend to offences committed in
Scotland ; both the marriages in this care were contracted in
Scotland, and his hardship had no jurisdiction. The
Judge said his conviction was that he had jurisdiction, and
laving summed up, the jury returned a verdict of Guilty,—
His Lardehip then addressing the prisoner, said—John
Murray, you have been convicted of bigamy, as offence,
which I understand is somewnat common in this part
of the country, because owing to the faciities with
which marriages ate solemnised on the other tide of the
border, young women, -sting improdeiAly, arc fre-
quently prevailed upon to consent to a certain form of
niarriaie there, and they
.have not the name opportunity
of ascertaining the condition of the party to whom they
are married that they would have if notice were required
as in this country. It appears that having married one
young woman you took advantage of another ',meg
woman, axed by representing yourself a single man yeti
got possession of her person without giving her the title of a
wile. The law authorises me to sentence you to transporta-
tion, and in many instances I think it my duty to inflict
the full penalty. It may be said the young women was im-
prudent. No doubt she was. It appears she made ac•
quaintente with you, and that she Lecame on familiar terms
with you unknown to her parents—visiting you in the day
and at night, without letting them know met thing about
it. I had an impression at one time that these visits at
night were of an immoral character, but this seems to
have been not so, for she stated that your sister was always
in company when she visited you, and there does not appear
to be reason to:suppose that she sacrificed her airtue as well
as her prudence; but, therefore, she was more injured by
the pretended marriage by which you got posse scene of her
penult. Certainly she bad heard the rumour of year mar-
riage, and if she had acted with anything like prudence
would not have gone through the ceremony without consult-
ing her parents and ascertaining the truth of the rumour,
without relying on your word. tor 'lac aught to have known
that it you were base enough to p.mpose marriage to her, be-
ing married already, you would not hesitate to e:eny your
marriage when taxed with it. The sentence of the court is,
that you be imprisoned with hard labour for 12 months.
This concluded the business of the Criminal eourt.