The Express.
London, England, 1865-01-31 00:00:00

TALL OT roll PT3RIT.

The unwelcome news of the fall of Part Fisher, woman&
lag the eatrance to Oape Fear River, wag made known this
morning, and occasions a seasatlou of profound regret. The
capture of this fort is equivalent to the closing the harbour
of Wilmington by the enemy's fleet. It is situated about
18 miles below the city, but warn the main defence of the
entrance to the river, and its fall therefore will prevent in
future the arrival and departure of blockade runners. How
far this reverse may prove injurious to our cause remalas to
be seen, but at prams% we regard it as an unfortunate
rather than a disastrous meat. The following is the afield
report :

" Headquarters, Northern Virginia, Jas. 16.
" To Hoo. John A. Seddon.
" Goma' Bragg report' that the enemy bombarded Fort
Fidler furiously all day yesterday. At 4 p.m. their infantry
advsaced to the amault, a heavy demonstration at the same
hour being mad* against their rear by oar troops. At half-
past 6 p.m. Gemara Whiting reports that thsir attack bad
(Wad, and the garrison was being streagthened with fresh
troops. At about 10 a.m. the fort was captured, with most
of the garrison. No further particulate at this time known,
" ft. E. LEL"

No despatches have bean received from General Tiny
dam that of Sunday night, annosesing the result d the
assault. C. A. DANA, Assistant-Secretary of War.
A despatch from New York, of the 19th, says :
Brigadier Gemini Terry, who commanded the land
assault on Fort Fisher, has been made a Major-General.
Admiral Porter speaks in high terms of the efficiency of
our iron clads. He says the Monednoth it capabl, of crom.
lag the ocean done, when bar sompunsa are mese
adjusted properly; ►nd could destroy any email in ties
French or British navy ; lay their porta wider contribution,
and return again, provided dm could pick up del,
without fear of being followed. She could cattalo:),
clear any heaver on our coast, of blockaders, in am
we were at war with foreign powers. As strong and thick
OA the sides of this vessel are, one hear y shot from Fork
Fisher indented her iron on her side armour, without, how.
ever, doing acy material damage. The bow-lads laid five
days under fire from Fort Fisher, anchored leas than 800
yards off ; and though fired at • great deal, they received
no injury except to their bode and the light matter about
the decks, which were pretty well cut to pieces. Secretary
Stanton bee returned from Savannah and the flirt off Wil-
mington, and furnishes an interesting and scoosragimg
report of the situation.
THE RUMOURS OF PEACE.
The Nero York Times concludes an article upon'
the subject of Mr. Blair'e return from Richmond
with the following remarks :
Bat although we look for it in another direction, the
prospect of peace seems to us by no means remote. Lea's
army is all that remains of the rebellion, and so long as that
does remain we have no right to expect snob • peace as we
Gan adept. When that is destroyed the rebellion is
crushed, we shall have ouch • peace as must follow the
restored authority of the constitution sad laws of the
natal States. But that great battle remains to be fought.
It can no more be averted or evaded than could Waterloo,
and its result, on one side at least, must be equally dad-
aist. It is to this final Wm that the government
'in now advancing. It in bringing all he available
military force to bear upon that. Its first effort of
course will be to compel General Les to meet
it ; if successful in that its next endeavour will be to de-
feat and overwhelm him. If it faits in either the war
may be prolonged, if it sunned' in both we must, in the
natural course of events, have • prompt and lasting pesos.
And in no other way and at no earlier moment, in our
judgment, can we have pesos at all.
The Boston Advertiser (Jan. 18) says :
Mr. Blair was doubtless • voluntary savoy, but his well-
known relations with the President exclude the suppo.
eltion that in this he acted without fall knowledge of
the President's views, or without • full understanding
of Mr. Lineoln's policy and wishes. Whatever may be the
correct definition of the capacity in which he undertook this
errand. It is certain that he was no officious intermaddler.
And we may add too that it is probably quite as great an
error to suppose that he undertook the business
with any vain conception of hie own powers
and influence. Mr. Blair has been conversant with
public affairs and near to the sources of influence
long enough both to know his capacity with reasonable
exactness, and to be known as a man of e•gaoity and
penetratioo. For • man less versed in affairs and with
Ism knowledge of men, suoh se errand as we conceive
his to have been might have been mere folly tad
waste of time ; for him it was an investment of
labour which promised and has probably brought
• good return. It is worth something to have
bad Davis, and Benjamin, and Seddon, and the
other men of influence and nark whom he met in Rich-
mond. brought under the inspection of • man wbe for thirty
years has practised the art of reading the mum& of nans,
of gauging their strength and of tatting their sweet purposes
sad most deeply concealed eantiatesta. Indeed the °blies*
eneasinds with which the rebel pros regarded the whole
movement, insufficient proof that there was nonnatlnlag to
he effected for the good owes by Mr. Blair's visit

ounrrzes =auAm)
FRLNUN.

PARIS, SAIr. 31.

The Constitutionnel of this morning denies that
Count de S•rtiges had presented a note to Cardinal
Anton°lli, expressing regret at the refusal of the
Pope to treat with Italy, and says :—" Such a note
does not exist."

SPAIN AND ITALY.

MADRID, JAS. 80, Emma.

To-day, in the I3enate, Sewer Armada, replying
to Senor Alvarez, said the Spanish government was

i
~ ~~
- ` r 1
~:

stile to Italy, end Odd follow the example
r nations if the Illiefer of the capital pre
y to the hiseileee.

PULER DIMONISTRATION AT TURIN.

TURIN, JAN. SL
Yesterday evening, on the °cession of a court
ball, a popular demonstration took place before the
Royal Pekoe. The crowds were dispersed with
the aid of the National Guard and several arrests
were made.

ARRIVAL OZ THZ NORTH LICERIOAN.
ORRENOASTLF., J. 31.

The overdue Canadian steamer North American,
from Portland on the 14th instant, arrived here at
8 o'clock this morning. She called at St. John's
for troops, but brings no later news rid that place.
She was detained off there twenty-six hours by fog.

LAW INTELLIGENCE.
(THIS DAY.)

COURT OF APPEAL
(Moro Ohs Lords JIMlos)
room e. wErnes mammas.

This polities wee beard ea the 144 k Jessary, and their
lordships now deltrerod judgment The Marley Osseo
atom had on the 10th of Nor., 1863, made an order ap-
pointing the rector sod churchwardens et the perishes of
Hackney, West Hackney, sad SOS* Heekney timber
for the silrolaistfatioa el radii' charities, PeoWs

Charity which prodsrod as Wee* of 304, sod Whites
Charity which predated an hem' of 291. lb., end vesting
the legal setae* is the Lads is these trustees. This order
appeals to have been obnoxious to the vestry of $l. Jebel
Hackney, end that body memorialised the Aliberney-
General, who, however, declined to hiterfewe ; and two
ramehees of the vestry Wider the authority, se they
sonceived, of use of the sestinas of the Cha-
ritable Traits Act, , presented petition to
the Hasler of the Roils 1860 pthat the order of the Gera.
sakeiserws might be The Heins of the Rolle
at the hearing made an order discharging the order of the
coninditioners, sad referrisg it to chambers to appoint sew
trustees of the two charities. The Attorney•Oeneral, who
was the respondent, appealed.
Yr. Selwyn sad Kr. Prendergast for the Petitioners Mr.
Shimse sad Yr. J. H. Terrell for the Ateaniey.
Oeseral
Lord J ostles Knight Bane—ffebject only to one queetioe.
I think the order made by the Charity Oonunimiosere was
resemiable, convenient, and aossistent with fainter sad
justice, and ought to be=d. • The osie question
whether the had by law psis.
diction to make the order. 11 they had, them wee
*tithing of say consequesce to be seld whin
their order ; if they bed sot, f do sot conceive that dr,
wart, under any proceeding sow before it, ought to Me-
i charge their order. The petition had sot, is soy mime or
form, the coneurreeee of the Attorsey•Geosealorbo is bee
supported the order. The trustees appointed were wining
to awns, sad eves if the order were made without juristlio-
tioe—which I do sot at an amert—this court is under so
neesmity to &thane it.
The Lord Justice Darner read the order of the Charity
Commissioners, and stated the propped/sr on the petition
et the Roils, and this aid that the principal, or indeed the
only question which it would be. sesensary for him to give
any *pintos apes wee as to the right of the two inhabitants
to appeal. This quietism turned Entirely apes the en.
stenction of section Bof the sat 23 sad 24 Viet o=
which gave the right of wpm'. His lordship then
on that section, and exp.reseed hit opinion that it phtbe
Attorney-Genera the right to appeal in all ewes, bat gave
two inhabitant. the right to appeal only when the amnia
buxom exceeded 601. In this aim the income ci
neither charities exceeded 501. and though it was
stated that the income was nicely to be in-
creased that had not been doses when the order was
, made. Kos did the fact of two charities whose united
income exceeded 501. being united in one order make any
difference. The petition meet be dismimed with coda,
' but there would be so ousts of the appeeL
Avicenna v. 9LVAI2I.

This was ea appesiirOOilM (I;lSiskos of Vioe•Chameelior
Stout, who held opoe the am:drachm of the will et Awn
Ayscough, that the children of her son sad deoghteetweit
her stirpee sod mot bar capita.
Their lordships 'filmed the desilon et the Vi..- a•
cellar, Yd dimnimed the appeal.

COURT OF RIECHIQUICR.
SECOND COURT.
eittinp at Nisi Prise at Wertasistem.—(Balore Mr. Berm
&samell sad a Commas Jury.)
coca v. HITCIIOOOIL—SEDEPOTION.
This was sa adios tar seduction, put bard, from rota,

day.
Mr. Serjeant Atkinson and Mr. Gibbons were counsel for
the plaintiff ; Mr. Hawkins, Q.C., and Mr. Joyce were
counsel for the defendant.
The defendant wee called. He deposed—l did net tabs
liberties with Sarah Ana Coker during the time she wee in
my service. I spot ChriMmu-day end boxing-de,, 1863,
with my wife, at a friend's home at Charlton, near Wool-
wich. She told my wife on on. occealoa that had taken
liberties with her, but it was false. She war told me
that elm wen I. the family-way, and 1 did got say that
I would provide for her. After abs left in July 1
heard nothing more about her till her confinement,
Hee parents made no complaint to me until the day Ware
she was moaned.
_ .

—&es; 4,i;,.1;ea by Mr. &rimed Tiedal Atkinnoo--Xr.
Mitchell, the parson we spent Christmas sad boxisg days
with, is not bare. I did not thlak it worth while. It wee
only last night, on talking it over with my wife, that we
recollected where we meet that Mittman.
Mr. Serjaant Atkinson—ls this the first time you ham
been in trouble of this idled?
Defendant—Yee, air. Oh. yes, sir, I am quite earn
(Laughter.) I know • female aimed CranfiekL She also
ves by the name of biaddiagton She is • single woman,
bat she never made suck • charge as thin &West I
me. She had • child, and I and my wife visited
her afterwards. I have heard she has had a
ascend child. We tilted her afterwards. I don't
know a widow a coffee-home keeper. I never had
female coffee-house keeper charge me with being the
father of her child. I know one who had one. (Langliter.)
I used to take my breektaal there when I wee
(Laughter.) I bad • same* aimed Wm. She Vil •
child after she left my earvies. (Laughter.)
Mr. Serisant Atkinson—Did she ever charge you with
being the father of her Mild.
Defeadant—She first said it was my lodger—a Premise—
sad afterwards she said it was mien (Laughter.) She
wanted bpi moray from ma. There is ao Mbar hide ce-
carom* in which I wee Nasty charged.
Mr. Serjeanti Atkiseon—Aad lam afraid it did not lead
to any good fettles between you aid your wife.
Defandont—No ; not more than this boa. Rosetta Goad-

smith, Ockees aunt, lived in my Navies in 1820.
Mr. fierfesat fetidness—Did you ever maks any attempt
ca her?
Defeadant—Never, sir; oh, sever. (Imeghter.) I did
not spoil her dress or offer bee a emmelme to Mop
it a secret. Is September, 1263, the girt made the last
Marge against ma 8110 said she had Joined eoetsha
and that I had carried bar down to the Idtohea
No coo bad any business io the speiaire roam ex.
oept myself and my wife. I was are upset yesterday that I
can't remember what me said. (Leoghter.) Her mother
said she did sot believe the girl's MeMeamt, sad wilted
lay wife to the her back. She took bee bask spinet my
consent She would do it. For some time I took my
meals at a coffesehop became I objected to have her beak.
The mother prevailed oc my wife to take her back, and I
could not help it. (laughter.) My wife left me la July
respective the gut Hai:Whets&
Mr. Baron Bramwell—Yon say that was on aooouat of
Haddiagtoa.
Defeadaat—Yes, your lordship, yes ; that's quite right.
(Laughter.) So many untruths were told to my wife shoat
the girl that she loft as. They told her that I bad had a
child by Haddiagton. That upeei bar mind, and ins dam
Mr and me • great deal of harm.
Mr. Serjeant Atkinson—Wee there any unpleamatasee
between you shout the widow?
Defeodt—No—ob so ! Ima a single young MOO thou.
(Laughter.)
Sargent Atkinson—Did they not send to Mee
ilitehoook the sweat for the fumed expenses sad a look
of the child's hair' (laughter.)
Defendant—Oh dear no. I had no wife thee. How could
they sand it to her?
Re-examised by Mr. Hawideo—With regard to year taking
W girl hack, I believe lira. Hitchcock is like a gnat many
married ladies, and you don't have it all yoor own way ?
Defendant—No, air, Oh dear so. (Laughter.)
Mr. Hawkins—And you are not sorry for it'
Defendant—Oh, dear, so, air. (Laughter.) I could sot
help the females combag to my house for money. I desy
having had an to do with their ehildrea. (Laugh-
ter.) Omalleld or Hoariest*" worked at the hook and
eye basins I had internam with her about 12 mouths
shoe, but it was away from my boom I sever gam Ma
any mosey. The Pee den ms away, and hes her merest
came to ma, and I abut the door in her how
Mra. Hitchcock was then called and examined. Ohs
moire to the general minoooduct of the plaintire denghter,
and shim her mother bevoght her book, sha said her Ma--
far mph thin her wee that her mother did net U-
lises her sistsimet, sad she (Mimes) would lime
to do to Wen to every idle tale. Flee husband did :2
to ham her MM. bat she hese to lam bre own way and
take her bah.
Mr. Hawidas-8s year boi year own way.
Mrs. Hitoliceek—Yea I ham had my own way overdoes
I wee marrieds end I hail aostiatie to de em if I cm
Mr. Hawkins—And I ineet give yen better advice.
(Leaches?.)
Warms! mid she did not promise the rather to have •
woman in the home to protect her when he (wilmes) was
sheet She made so oomplaent of this cheeseter plait
the defendant daring the time as remaind in his amble.

Mv Mr. Berea Bramwell-1 am sow Being with
bade
easommeised—l vary sadam go to aim a
Tile hat hose I wait to church was to how ga "WM,
armee ma Prima Albert, and I ham Pot
piny pi worship wises, except to the ""I
me the ad year oat ad the Dew year
et the yid people told me that my hoehygg
emu by sad I lett my htiby,,d I
Mad be °Polkaed visiting Mr. "'Mal
Mr. Serjesal Atklason—As you have yow
did yea sot t hie ratio. bee "M /
lin. Hi —I doe% Mow. I aver seir kig
I was only told so.
Mm. Asp Otto wife a a publics. is Hahn,
that Sarah Aaa Oalear wse is her aortic. fro. g
hmit
iftlS. !be bad & lodger named Oeuti,
*barged him with lades takse liberties with a.
a.
eg them face to floe he rid he bad sot im i
with her, he had °sly killed bar. (Laughter,)
amid by maw mu in the meet, and he pl. hair,
(Laughter.)
Kr. Parsons deposed that ace when he called at *l4
feadeat's he saw the girl and One of the assomid
Dikk7, rtmlitd•
Poleoveroestatie 185 H mid he bad known the
cc eight years. He bad sesu her out at sight """
joking with young mss. dhs frequented the 411
mind singing room.
Mr. Hawia* is ragdylug oo Ors CO" obeseypi gat.
detesdest hem the maser in which be bed gleighh
demos was a " weakish sort of man "no doebt, tool
bad bees Wes a as to isoprene everyoue with We nib"
sad bath. It wad wrideet Mr. Hitchcock had tit gb.„,
way, bat gilts ea maeh probably as was good he big. 74
there °add be no doubt by wife took admiral. eel
him. (I.,pagater.) He eeeteaded that he had dean gosh
was • tramped up oast against the defendant
Mr. Serimiet basing addressed theism
The lammed Judge summed up, sad
The Jay rearmed • verdict for the Jetsam..

COURT OF PROBATE AND DIVORCE
(Ware the lodge Ordinary.)
innsrura a. SWNSTLAND.--eornael.
In this ease • will had been drawn is six slack, lishi
dye of which were signed by the testator b tbo.
which had by some inadverteme been Lit matisit
metalled so teetanssatary baprea ; .add milk
of the signed sbeets as the will of the
Sir J. P. Wilde thooght that the wordecened.s of the esat.
" at the fart or tad thereof." mast be token to am isis
soda( the &comsat, yams the testator ioteaded lemma
In this ease it was dear that the testator meat to ass
the whole six sheets, and that therefore the rephoggi
of the Wine AM had not been complied with. Be gig
therefore Wan the gnat of probate.
MINN V. ?WIZ —BIIITINCE.
This woe a ease tried a few days ago, and the carat
takes time to consider whether the case of amain la
bean soda out. It appeared that the reepoodest It al
comae it the two years after he left his wife bat v,
letters to her, is which he eirvic• of twit* her IMMO&
But it was evident that the reepontest never did My%
to do so, and that he bad no bons Ede Met of km*
his wife epic. Os the contrary. there win masyy
showing that be wished to hen •divorce. Qairlhs
circumstances there mast be a diem Wei.

CENTRAL CRIMINAL COM?.
(THD3 DAY.)

(More the Recorder.)
Marks While, 49, geeiltter, wee charged will reeMa
bowies it to Lane bole stoke, a letter Plia Id
ode* order far 1L 14s. 7d., and also with fy so,
leg the awe, well keening the same to hays tem 1191
with intent to &freed.
Mr. Mettelis and Yr. Patteeon appeared tar the Poe
tide ; and Mr. Sleigh appeared for
The prisoner, it appeared, was a pa-Lturres;dies is Id
Lion Holborn. On the 10th of Jemmy a blk
was at Bayswater, containing s eh.
nade payable to Mara Bar sad &ides, d Balboa By
latter, which wee addreseed to the same penis, Oalla
have wired at the weet test& district aloe whid

tile vicinity of the primer's resides* in Me a.
maim. The letter, hover, did sot read its Inns
tion, end the prisoner pramated the order ea payestal
the mouey-order elks he Bing-etre* Comets,*
early ea the morning el the lith, sod d da
be r• • sidatiuro._ purpmilag it to be thid if
Yeses. Der sad fiegiina. The signature was morel le le
a fernery, and wire the primer was sari how he lea
mime powered al it, he said he had received ie in themile
domes of badness from a Mr. Dale, who anted es le
beldame el as optician in Holborn. This stamen es
Grand to be ioseneet, add the primer afterwards ad h
Melt it el a perms but did met kaow who he was rhe lived. The primmer was sot employed ia say eql
eseneziesi with the Posinfficie, sod them we. ao evithewb
show how he came in possession, bet from his owe stating
he wee is poessesioa of it about the time the lettw omit I
bees bees delivered.
Mr. Neigh addressed the jery ea the part ei the pi
emir, sod said that there was not a tittle of enders le
shier that the prisoner had ever had the letter in Ids pe
amnion; sad it was quite possible that be might ben
received the order, end have been made a doped;
although the Diets t
omigh give a suspicious imprimis, le
widest* very far from stablished satisfactorily the to
that the unloose became rimmed of it unlawfully!
The jury found the Flamer Guilty of rowing b
order, Immense it to have been stole..
Seaton* was deferred.
Robert Goodwin Tryon, a post letter-osnier, she
pleaded guilty to stealing letters mania* Meow Mi
other secuntsse, we. brought up for N 4104121
tamed to dye plan' penal servitude.

TB POLICE COURTS.
(THIS DAY.)

BOW STREET.
THZ LATZ ICHOLAZT II THE lITZAWD.
The man Brows, alias Price, alias Scotty, nensebd •
this charge, was spin brought before Mr. FUWIR
Mr. Abrams spin &mitred far the groseentios, mai di
primmer was sow dde by Mr. Beard.
The evidence having been read over and the Misses
orimmenualned by Mr. Beard,
limper•er Brennan said, from further info:sodas viii
he bad renewed, he thought it expedient to afee atm
their remand. In the meanwhile, however, Matt w 1
one more
Mrs. Guido, the landlady of the Lowther Haut,sY
GM at about half-past 10 o clock on the sight ie 9'lo
three men took two rooms thaw, for which Geed 11.
geld.
sa. He carried a osrpetheg, which was one of Mon p
About four o'clock they left the ball'. it
beard them vim downstairs, and one of then 111#
He asked if the eermat was up. She answered lam mpg
" No, gentlemen, she is not—are you going away se mar
They said they had left their carpet begs and win 011
return.
Mr. Beard objected to an evidence of what ens MAN
tie witness did sot identify the prisoner.
Mr. Abrams said she proved they were the three Me
who took the rooms, and the prisoner was idestitei ame
ei the three by the witness.
/h. Flowers said the convention Wag not very nsielli
I. answer to Mr. Board, the waster mid it wee set im
excel for parties to lean so early.
Mrs. Mary Anne Means (a widow) stated she Seel I
Hackney, and the prisoner formerly lodged i her Men
He had a farniehed room. When be came to lease MIP
be had some luggage, swept which was a ear*
Mf
bar to one produced. That was in May bat. lie wig"!
the name of Prim, and had with him a fear& An
as his wifa.
21va prisoner was again remanded.

11.1.12LBOROII01143TREET.
D•11•GING • 1111 mum
Edward Whitford, cab driver, badge 3,10, was &NMI
before Mr. Tyrwhitt with being drunk, arid Isar& *
drivlag his horse sod eab, and also with a •
agape, the property of the Royal Sootyd ale: PM*
tics of Lilo from Firs.
Mr. Edward Brown, foremast to Mr. Clarke,
manufacturer, of Oreseest-mews, Barton-ersematig=
to watch ibis cow
Poliwooostable Carpools., 219 0, mid that 'bad 2
°Week thattouralsg, while in Orfor&duese be as •
defendant drivieg bb hone, attached to a cab. 01„,,.•
rate of eight stiles an hour. The &deadest drove sew*
Use Inuespe and then oommenosd drivieg faster dot
hedgue, bat was stopped by the fireucepe °admix. MI
• being taken off his cob it was found that be sold MI
shod sod be was then taken to the seniors.
Fir. "aspsClooductor Barnett mid that while Aril
by his box, the defendant, who wag going at • isfa&lll*
o**o iffidstit hie Neaps. doing serious damage to it.
Mr. Brown said he had imported the escape, ssa
damsels amounted to about 13/.
Tyrwhitt aced the defendant 20e, or s mos* IS
Wog drub, telling Mr. Brown that the &must ofl4
was toe high for him to dui with, butthat be bad a
eewbers. •

SOUTHWARK.
0010[ITTAL 10$ =WOW • SAILIVAT COST• 111%
Alward Mortis, s welkheassd ram sea.
esibed Idmielt as lidepoodiwt, and suithod 55,
street, Dresoptoe, w eseweseed by Mc Thomas Boa
Superisteedeat at the Lades sod Sea* Wakes DB*
for salawtaßy teasing es their UN la a dist-olaipla
heat Seshitee so Leaden witheat Irving list
ticket, end atherwerds to pay kis taxe.
0. of tie tishee4eiesteass said that is the snivel at IS
12 daleek aid-lay talc from Surtitoo at Wats**
the 19th betas% the defewleet was is • fizst.alem ow*
kepi some trees emblem. Whew demeadid
twessossel wanes& Shea be tell all his peakte,ssa
vory seek dhappelated. At bet be odd O.
Melesstiskeey elutbsseasfweevenl ha
sirenbrigseyst Sarbiushindemasdni%
New EWA I'll seed the fase as moos sa OP
hese Wilms beMesed at the Vise that his Wet
troth sad having taken U same aid widow, 15P0"...i
eirsoiesernaes to lie usaagsr, wise It me diessessi w."
the priwests w well known to the compasy.

as wardiobs
Nam. Ws
isharrit del

oak upon 1
Amity, boil
At MY firm

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fiks Powers a
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lobed pone.
miss.
part of th
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