The Express.
London, England, 1862-12-10 00:00:00

THE EXPRESS,
_WEDNESDAY EVENING, DECEMBER 10, 1862.

Sato intellignia.
COURT OF QUEEN'S BENCH.—DEc. 9.

vessels at sea in ceder to obtain the insurance. It is under-
stood that II Rnxten is acquitted 'wow the present indict-
ment he will be immediately retakes into custody on other
charge'. 'This cess is likely to be tried on Friday.

fittinp at Nisi Pries at Weetcoinstea.--(Befere Mr. Justice
Crompton and a Special Jury.)
HALL V. 81101PLE.—ALLIOLD LUNACY,.
This case was resumed this morning, when
Mr. Justice Crompton summed up to the jury, goieg
minutely through the evidence. With reference to the
allegation as to the plaintiff's infidelity, his lordship said
that he thought the jury might take it that that bad not
been proved ; and as to the charge of drunkenness, the evi-
dence on both sides was most conflicting. He thought that
when the action was pending it would have been advisable
on the part of Dr. Webb not to have gone to see the plaintiff
and examine him as to the state of his mind at the sugges-
tion of Mrs. HalL It was admitted by the plaintiff himself
that he had used foul expressions to his wife, and there
could be no doubt but that both husband and wife had for
years entertained a very strong aveesion to each other. In
conclusion, he said, that the jury having weighed all the
testimony which had been adduced during the program' of the
mud, wouldsay, firstly, whether they believedthat thecerth
grate given by the defendant wasmadernalicionsly ; secondly,
whether the certificate so given was false within the know-
ledge of the defendant ; thirdly, whether the defendant,
acting as a medical man, had been guilty of culpable negli-
gence, and had culpably, negligently, and improperly, and
without reasonable and probable cause, and without making
due inquiry, made & certificate untrue in fact ; and if they
found that he did so, then the action would lie. Then,
fourthly, he would auk them whether they would find that
the defendant bout fide believed what he had certified.
Fifthly, whether the defendant believed that, in granting
the certificate, he was acting in pursuance of and under the
authority of the act ; and sixthly, whether, if the defendant
had been guilty of malice, or of culpable negligence, he
could be considered as acting in pursuance of and under the
authority of the act. The main questions for their deci-
sion would be, whether there had been negligence on the
part of the defendant, and whether he had signed the cer-
tificate as to plaintiff's lunacy maliciously, it being false in
fact.
The jury retired at five minutes before one o'clock.
At twenty minutes to three o'clock the jury came into
court, when
The Foreman said—We find a verdict for the plaintiff.
Mr. Justice Crompton—You conclude that the defendant
signed the certificate without reasonable and probable
cause
The Foreman—Yea ; and that he negligently and without
probable cause signed the certificate whereby he caused the
confinement of the plaintiff.
Mr. Justice Crompton—Then, you find the certificate was
false in effect, adthat the plaintiff was not insane. You
think the defendant was guilty of culpable neglect
The Foreman—Certaioly, my lord, we find that there
was very great negligence m ascertaining the state of the
*infirm mind.
Mr. Justice Crompton—You assume that the plaintiff was
sane in point of fact .
The Foreman—Yee.
Mr. Justice Crompton—Do you find that the defendant
gave a certificate which was false to his knowledge?
The Foreman—No.
Mr. Justice Crompton—l quite agree with you in that.
Do you find that the defendant was guilty of malice ?
The Foreman—No, my lord.
Mr. Justice Croon Then as to damages?
The Foreman—We think that the defendant did not in-
duce Dr. Guy to sign the certificate, but we Diu* he was
guilty of negligence, and we find a verdict for the plaintiff
for 1501.
Mr. Justice Crompton—Now I have to put it to you, as
the point may be raised, whether you think that the de-
fendant, when he gave the certificate, acted bout fide, and
whether he considered, when he gave the certificate, he was
acting under the act of parliament and fully believed in the
truth of the certifies!e he gave?
The Foreman, after consultation with the jury, said—We
believe the defendant did not take proper precautions in
fulfilling the duty imposed on him by the act.
Mr. Justice Crompton—l shall rule that if he acted
negligently be was not protected by the statute.
Mr. Gordon Allen—But the jury find that he wax autho-
rised by the statute.
Mr. Justice Crompton—No. they. Mid that he believed
he was. They do not find so in point of fact, and I don't
find so in point of law.
A verdict was then entered for the plaintiff—damages
lsof.
His Lordship then discharged the jury, thanking them
for their attendance during the sittings.
After term sittings at Nisi Prins at Guildhall.—{Before
Lord Chief Justice Cockburn and a Special Jury.)
WOOD L. LORRONT.
This was a part-heard case for the recovery of the amount
of five bills of Exchange for 1.3371. 10a each.
Mr. Lush, Q.C., Mr. Digby Seymour, Q.C., and Mr.
Tapping were counsel for the plaintiff ; Mr. Bovill, Q.C.,
and Mr. Garth for the defendant.
When the case was called on, Mr. Bovill said the parties
had agreed to send the matter in dispute to an arbitrator ;
and a verdict was entered for the plaintiff, subject to a
reference.

THE POLICE COURTS.

MANSION-HOUSE.
A rather singular charge was brought before Mr. Alder-
man Phillips, who wassitting yesterday for the Lied Mayor,
which tends to show the fear that exists amongst the in-
habitants of London of being assaulted by prottieg
parties. A man named William Robinson, described as a
greengrocer, was brought up charged with having demanded
by means of force, and with intent to steal, Is. from •
person named Win. Graham, under the following ClPBUZ-
stance*:
The complainant resides in the Queen's-road, Peckham,
and it appeared from his evidence that he was driving a
horse and cart in Fenchurchottreet on the previous
night at about • quarter-past twelve. He was
accompanied by his wife, who was sitting on the
seat by his side, and a man named Elliott,
who was sitting oa the Boor of the cart behind the seat aad
out of sight to any passers-by. The horse was trotting
quietly along, and while so proceeding • man suddenly ran
forward and laid hold of the horse's bead and stopped it.
and the prisoner demanded • shilling of him, caught hold of
him, and would have dragged him out of the cart had it not
been for his wife, who pulled him back spin. His friend
who was in the back of the cart jumped out and caught hold
of the prisoner, and he also jumped out and struck the
pri-
soner a blow with his fist which knocked him down.
His friend, Mr. Elliott, then caught hold of the prisoner,
and they struggled together, and both fell to the
ground, and the prisoner got away and ran of ;
the other ran off in another direction. They both
followed the prisoner and overtook him, but owing to
the circumstance that there was • fire a short distance off
no policemen were to be found, and they conveyed the pri-
soner to Seething-lane station, where he was taken into
'custody. The complainant was evidently under the im-
pression that the prisoner wanted to rob him.
This statement was corroborated by Mrs. Graham and
Mr. Elliott, who, however, stated that be did not see the
other man at all.
The police-constable, 541, who had the prisoner in
custody, said he had been to the address given by the pri-
soner, and found It to be a correct one.
Mr. Alderman Phillip was on the point of committing
the prisoner for trial, but on asking him what be had to
say, the prisoner,
had
face appeared much bruised,
replied that be had no intention whatever of assaulting
the complainant or of robbing him ; the whole affray
arose out of • mistake. He was left on the previous even-
ing to take one of his premises io the Dover-road, his partner
having gone out between five and six o'clock with the horse
and cart, taking a young woman with him whose name was
Annie Gilbert. He waited at home until 11 o'clock, when the
young woman returned without his friend, and he asked her
where Bob had got to, the man with whom she bad gone out
in the cart, and she said she did not know • he had fallen in
with some of his mates, got • drop too much, and got
into a row, so she left him. Thinking from what she said
his friend was not capable of driving, and as
the young woman.jaaid she thought she could find him out,
be set off with her in search of him. They went
to Whitechapel, and were 'coming down Fenchurch-
street. They saw the complainant in his cart, and be
said to the young woman, " There's Bob," and went up
to the complainant, and making sure it was Bob, he ran
after the cart, and caught hold of the tail-board. He then
called out " Bob." The complainant stopped his home,
sad both be and his witness jumped out. He called out
" Annie "to the young woman who wax with him ; but be-
fore she could get up to him the complainant end Mr.
Elliott began to pull and drag her about, and " pitched
into" him. He had no other man with him, and he was
certain be said, " Stop • minute, Bob."
Robert Crew stated that he wits • greengrocer, car-
rying on business in North-place, Dover-road, and the pri-
soner was his partner. lie went out with the horse and
cart at about 5 o'clock on the previous evening, in company
with • young woman, and left the prisoner in charge of the
shop. Ho fell in with his brother-in-law and got a drop
too much, and she left him. He put his cart up in White-
chapel, and fetched it home that morning.
Annie Gilbert, the young woman alluded to, entirely cor-
roborated the statement the prisoner made, and stated
that she thought it was Bob, and that the prisoner called
out, " Wait a minute, Bob," and did not mention a shilling.
After this additional evidence, the case of course assumed
a totally different appearance, and it became evident that
the complainant, while under the impression that be was
about to be "garotted," enamel that the word "Bob"
was meant to imply • shilling, and had construed the pri-
soner's words "Stop • minute, Bob," as a demand for •
shilling.
Mr. Alderman Phillip said that under the altered aspect
of the cam he should not, as he had previously intended,
commit the prisoner to the Old Bailey for trial, but should
discharge him fat the same time the alderman remarked to
Master " Bob, that his drunken spree had got his partner
into a mess, which might have turned out very serious, and
he was very fortunate in getting off so well as he had done.
He advimed him to take this as a caution, and to be more
careful for the future.
A respectably-dreseed young man, named William Pocock,
was brought up on remand before Mr. Alderman Phillips
and Mr. Alderman Lawrence, sitting in petty sessions,
charged with embeszhng various sums of money to the
amount of about 1001., belonging to his employers, Messrs.
Phillips and Co., tea-merchants, King William-street.
Mr. Poland prosecuted.
The prisoner was in the service of the prosecutors as
deputy-cashier, and all the monies received during the day
were handed to him, and it was his duty to enter them in a
book, and pay them into the bank on the following mei ring.
On Tuesday, the 11th of November, the prisoner received
altogether the sum of 3571. Os. 9d., which it would have
been his duty to put into the cash-box, which was put into
an iron safe, and to pay it into the bank the next morning.
On the evening of the 11th of November he left the ware-
house, and did not return. The cash-box was consequently
opened, and there as found to be a deficiency of 103/.
13s. 2d. His books were examined, and it was ascertained
that the prisoner had for the last six months been in the
habit of making use of cheques which were given to him to
cover a previous deficiency, and the amounts deficient,
making a total of 1031., were found to have been entered
to make up a deficiency of that amount on the Frevious day.
The prisoner said nothing in answer to the charge.
Mr. Poland said the prisoner 'aad given information
to the prosecutors which was certainly valuable, and
in addition to that be had voluntarily surrendered himself.
Taking those facts iota consideration, the prosecutors were
anxious that the prisoner might be dealt leniently with
in petty sessions.
Mr. Alderman Phillips, however, after conferring for
seine time with Mr. Alderman Lawrence, said that he and
his brother magistrate were of opinion that it was too
serious a ace for them to deal with, and
nn
which, if they did
not send before a jury, they would fnd ail in their duty to the
public.
The prisoner was then committed for trial.
GUILDHALL.
John Hornby and Janice Merrill were placed at the bar
before Alderman Besley, charged with being concerned, with
another man not in custody, in robbing Messrs. Blackshaw
and Co., umbrella manufacturers, of 3,4, aid 5, Noble-
street, of fourteen pieces of silk, value 2001.
The prisoners were remanded for a week.
MARYLEBONE.
A desperate looking fellow, apparently about 35 years of
age, who gave the name of Henry Hearer, bootmaker, of
Somers-tow° (alias Well; the sweep), was charged with
breaking and entering the house, Na 9, St. George's-ter-
race, Regent's-park, and stealing therefrom • large amount
of property belonging to Mr. George Deleon. He was fur-
ther charged with a series of desperate assaults in order to
effect his wane.
The prisoner was remanded for a week. Former convic-
tions were proved, and he had • ticket of leave.
WESTMINSTER.
Early on the morning of the 3rd ultimo, as Mr. Michael
Murray was returning from the Temperance-ball, Lower
Georgeatreet, Chelsea, to his house, 5, Sinimned-street,. he
Maßgarotted and robbed with most seriousviolence. his jaw
being dislocated. and the whole of his bottom teeth knocked
out, besides the inflictioe of other injuries. Four men
named Marks, Lane, Butler, and Ford, were apprehended
for the offence, and convicted at the last sittings of the
Central Criminal Court During the examination Marka,
who has been sentenced to penal servitude for life, declared
that Lane was innocent, which that prisoner himself pro-
teued to the last ; and although he had beer, seen in the
neighbourhood of the rolibt ry with the other men on the
morning in question, the evidence was rather *oak
against him, and an attempt was made to set up an alibi.
The prosecutor had been attacked but by four men,
and the police received information that a moo
named James Hurley bed just before the robbery
liven seen in company with Marks (who was positively iden-
tified as the principal perpetrator of the outrage). lest had
absconded. Diligent search was made for him, bat he
eluded the vigilance of the detectives until Monday night,
when he was apprehended. awl yesterday charged at this
court with being concerned in the attack upon Mr. Murray.
The latter having repeated the leading circumstances of the
outrage, the prisoner wan identified as heviogleers is com-
pany with the men in question on the night of the outrage.
He was remanded until Saturday.
Catherine Brent Morris and Esther 'Gado!, two re
spectable-looking women, the latter described as the wife of
a professor of music, were charged with using obscene
Language in a public thoroughfare.
that morning the defendants were engaged with some men
Richard Jones, 44 B. said that between two and three
upon which they refused and
in making a disturbance in Qaeen-street, Brompton, when
Defendants, on hearing it, vehemently declared that no
hueseddmairedfiltlithy eorabsetorvgaotionawatoy'him, which be repeated.
such expression had ever escaped their NA.
James Burnett,333 B, confirmed the other conatable.
Mrs. Kendal said that she was the aunt of the other
defendant. They lied been to spend the evening with some
friends at • distant part of the town, and, staying late, had
on their arrival at the corner of Sloane-street, objected to
go down it because of garotte robbers, preferring the high
road as being more frequented. Arriving at a turning they
NORTHERN CIRCIIIT.—LivotpooL, Dec. 9. ioquired of the constable Joan whether that was Quest-
street, when he said they knew it was as well as he did. and
Caowir COUBT.—(Before Mr. Commissioner Gurney.) then in the coarsest terms said they were street-walkers.
caaßoaS AGAINBT BUXTON 808 DIBTHOTING SHIPS. She expostulated with him upon the infamous insertions be
The grand jury found a true bill this afternoon is the had made, when she and her niece
wiwere taken i
nto
nto
aft of Gimp gado.. surged with wilfully destroying custody. They had had no jh any men,

COURT OF BANKRUPTCY.—Dec. 9.
(Before Mr. Registrar Haslick)
IN SE EDMUND 0 ROURKE.
This was the adjourned day for hearing the application
against Mr. Falconer, of the Lyceum Theatre, asking that
he might be required to give an account of his profits since
obtaining his final order in the Insolvent Debtors Court.
When the matter was before Mr. Commissioner Fon-
blanque, he directed an adjournment with a view to some
arrangement being come to between the parties.
Mr. Keene stated that no settlement had yet been
arrived at ; but in the absence of the learned commissioner
from indisposition the parties were desirous that the case
should be adjourned generally, with a view to a day being
afterwards fixed.
Adjourned accordingly.
Mr. Lewis (of Ely-place), representing two creditois, after-
wards asked that a specific day should be named. Ile
should be glad to know when the commissioner would be
present.
The Registrar said he would write to Mr. Commissioner
Fonblanque and request him to appoint aday.
Mr. Lewis—ln the meantime there may be a settlement of
10,0001., or something of that kind.
Mr. Sargood. ou the part of Mr. O'Rourke, objected to
Mr. Lewis being heard for other creditors.
Mr. R. Griffiths, fur a creditor, consented to the ad-
journment.
The Registrar said he had received information that the
commissioner expected to be at the court to-morrow, when
the matter could be mentioned to him.
IN BM JOSEPH FISHER AND WILLIAM FISHER.
The bankrupts had kept the Anchor tavern and refresh-
ment rooms, Cheapside. This was the sitting for examina-
tion and discharge. The debts are 7,700/. ; assets estimated
at 1,500/.
Mr. Linklater supported.
Mr. Sargood, for the assignees, asked that the examination
should be adjourned.
One of the bankrupts was examined, and stated that some
furniture had been removed from the premises in July, be-
tween six and seven in the morning, on three successive
mornings. It was taken to Stamford-street, where witness
went to reside, and was there still. He had returned his
furniture as of the value of 201. There was no plate in the
boxes or hampers. lie had previously sent some dish
covers and other things to his private house. He had bought
them expressly for his own private use. They never be-
longed to the Anchor stock. They were included in his fur-
niture, estimated at 201. They had sold wine to Henry
Fisher, their brother, who kept the Victoria refreshment
rooms, tothe amount of 2071. He had been paid for it before
in acceptances. All the articles removed were entered in •
book, and were on his premises when the messenger came.
There was no attempt at concealment.
Mr. Linklater called the other bankrupt, William Fisher,
sad briefly examined him in reference to the transaction
with their brother, Henry.
The bankrupts passed their examination, and the order of
discharge was adjourned.

.413 SIZE INTELLIGENCE.
WESTERN ClRCUlT.—Worcumint, Dec. 9.
(Bofors Mr. Justice Myles.)

Jeeheta Oldham., a sturdy fellow of 27, was iodicted for
maliciously attempting to kill and murder Martin Gibbs on
the 17th November. Other counts varied the charge.
Mr. H. T. Cole conducted the prosecution.
The prisoner was a penal servitude convict confined in
the establishment at Portees. From this place gangs of
men are occasionally taken out, under the care of guards,
to work at Portsmouth Dockyard. On the day mentioned
the prisoner was one of a party of five convicts taken out
by the prosecutor to work in a place called the Dirt-yard,
I their occupation being to sort rubbish and load it into carts,
and for this purpose they were supplied with iron shovels.
The prisoner during the morning offended the rules by pick.
ieg pieces of biscuit and carrot from the rubbish and eating
them, and the prosecutor remonstrated with him, and had oc-
casion to speak to him a second time, whenhe threatened to
report him. The prisoner walked up to Gibbs, and said,
"Do yon intend to report me, muter ?" Gibbs told him to
g 0 on with his work, and he said, "I will, sir." Gibbs
then turned from him, but had scarcely done so when pri-
soner felled him to the ground with hie shovel, and then
rushed upon him and inflicted another and more serious
blow, calming the blood to spout forth from the wound.
When in the act of striking the third blow the prisoner's
arms were pinioned by a paring sawyer, who saw the
affray. When thus in custody the prisoner said, " It's no
good, there are too many shout for me to complete my
busieess." He afterwards said he attacked Gibbs bemuse
be had irritated him and threatened to report him. Gibbs
had suffered a good deal from the effeota of the blows, and
did still.
The prisoner was found Guilty, and sentenced to be kept
in penal servitude for 15 years.
Prisoner—And how, my loid, is it to be carried into
effect
The dodge—Remove him.