The Express.
London, England, 1846-12-17 00:00:00

—.tem
petiole of the cam, and compensate him for tts woes he had
suffered by the breach of the agreeme.:.*, and it was the Vv.
vino* of the jury, having regards° all the circumstaeces, to
estimate them.—Verdiet for the plaintiff for 20/.

COURT OF BANK Aline If.
Edon Yr. Cantolalones Evans.
QUESTION AA TO TusnEs.v.—William Laver, an insol-
vent and an agent fogy the sale of prints, came up for his
interim order. Ha Was supported by Hr. Cooke, and op-
posed on the pound that ha was a trader. His debts were
over 3001.—Mr. Cooke contended that as the act of parlia-
ment said " buying and selling." and as his client was merely
a commission agent, he was not a trader.—His Honour said,
the act of parliament also said, " and all °thar persons buy-
ing or holding for others." I am of opinion that this insol-
vent is a trader, and therefore I mast dismiss the petition.—
Petition dismissed.

LORD MAYOR'S COURT.
Before the Recorder.
PROTRCTION OF AMBASSADORS FROM ATTACEMENT.
—MART ANNE MURPHY, EXECUTRIX, O. DON THOMAS
Joax MURPHY.—Yesterday the Recorder sat specially to
hear some motions connected with the jurisdiction of the
above court, the moat important relating to the above. The
defendant is the Envoy Extraordinary and Minister Plenipo-
tentiary from the republic of Meaux) to the court of St.
James's. From what could be collected of the proceeding',
—which have not as yet been brought into the Lord Mayor's
Court—it would appear that the plaintiff, who is the execu-
trix of her deceased husband, John Murphy, had attached
the sam of 3,8501. in the hands of Messrs. Schenieder, mer-
chants, and agents to his excellency Don Thomas Joe&
Murphy, the defendant.
Mr. Locke Raid he was instructed to move that the action
and attachment made in 'the matter of " Mnrphy e.
Murphy," and all the proceedings thereon, be adjudged
utterly null and void, on the grounds that the court had no
jurisdiction. The defendant being the accredited minister
and plenipotentiary from the republic of Mexico, was
protected from arrest and attachment by the th of
Ann, cap. 12 ; an act which was passed expressly for the
protection of ambassadors, foreign =miters, and their ser-
vants, in consequence of the Russian minister in that reign
,being dragged out of his carriage in the streets of London.
A rule mai was granted ; and as his lordship had to attend
a court of aldermen, the court adjourned.

ASSIZE INTELLIGENCE.
YORK.—TOESDAT.
Before Mr. Justice Cromwell.
THE STARTPOUTH MURDLRS.--SRCUND DAT.—The
examination of witnesses for the prosecution was
resumed this morning, and at half-put two, the
case for the prosecution having closed, Mr. Matthews
rose to address the jury on behalf of the prisoners
Barker and Raine. The case was one altogether unprece-
dented in any court ofjustice, on account of its peculiar and
complicated nature, and he cautioned the jury not to allow
their minds to be prejudiced by anything they might have
read or heard about the alleged murder previous to their
coming to York. The evidence which had been given was
very long, and embraced many nice distinctions, which with-
out explanation might seem to bear against the accused ; but
which, when an explanation was given, would he found, if
not fully in their favour, at all events to prove nothing
against them. His learned friend bad adduced two motives
as likely to actuate the parties in this case—malice or ven-
geance and an attempt to frustrate the ends of justice. He
had also imputed a mercenary motive. But none of these
motives, when properly examined, could be deemed sufficient
to induce such an offence as the one alleged against his
clients. Examining the facts which bad been given in evi-
dence, he contended that they afforded no adequate motive
fur the deed imputed to them. Directing the attention of
the jury to discrepancies as to time by the witnesses Ow the
prosecution, he said if some of them were to be believed, ease
the ti stimony of Ann Humphreys, on whom the whole ewe
rested, could not be credited ; because Barker and Rains
could not have been on the spot whea she said the murder
was committed. The evidence of this woman was so extra,
ordinary—it came to this—that she gut up from her bed
without any motive ; that she went out and saw a double
murder committed, and then returned home ; again went to
bed, without one thought or one pang of conscience. It re-
quired an extraordinary degree of credibility of the human
understanding to believe such a statement, especially In
a ease where the consequences would be so fearful to his
clients. The fact of her having kept the matter concealed
within her own breast fur twelve months, was also a topic of
observation, and the learned counsel proceeded to argue the
proposition that the girl was never out of the house at all on
on the night in question, after she once went to bed, and to
endeavour to show that if she were down at the sills, her
statement of chat took place there was inconsistent with the
alleged murder. He should not content himself with show-
ing the contradictions in the case for the prosecution. It
was too solemn, ton important a matter. There was too
much at stake for him to take anything upon himself whilst
there was anything left behind which would establish the
innocence of his clients beyond a doubt. lie should call
witnesses who would contradict Ann Humphreys as to
various conversations, which she had denied. He should also
contradict another material witness named Harrison ; and as
to Barker, he should prove an alibi. He should prove that
he was in the house at the time assigned by Ann Humphreys
for the commission of this atrocious deed. He could not
trace Raine in the same way, so far as he hoped would insure
his acquittal also;a but, if Ann Humphreys' evidence was
false as to Barker, which he proposed to prove, he asked,
how could it be believed as operating against Raine ? The
learned counsel commented in eloquent language upon the
rug gA bed and rapid flow of the Tees, which were quite
sufficient to account for the appearances that had been
described upon the body of Yates. He suggested that
Yates and Catherine Raine; who were both spoken of as
being in liquor, had either thrown themselves, or fallen, into
the water. He concluded a speech of two hours' duration, by
stating that ho hoped and trused the jury would be able,
with a firm voice and clear conscience, to return that which
would give pleasure to all, and pain to none, a verdict of
not guilty. Mr. Pickering next addressed the jury for the
prisoner Breckon.—Witne:ses were examined for the de-
fence until eleven o'clock at night, when the court again
adjourned.
WEDNRADAT.—This morning Mr. Bliss, for the prosecu-
tion, proceeded to reply on the whole case. At half-peg
two o'clock Mr. Justice Cresawell had not concluded his very
minute summing up ; and at that hour our reporter was
obliged to despatch kis parcel.
Before Mr. Justice Williams.
BURGLARY NEAR BRADPORD.—J. Faweett,l9, J. Daw-
son, 21, and A. Crabtree, 18, were charged with having, on
the 10th of November last, at Idle, committed a burglary in
the house of J. Murgatroy d, and stolen therein 24 handker-
chiefs, and other drapery goods, his property. Mr. Wasney
and Mr. Johnston we re for the prosecution; the prisoners
were undefended. The prosecutor lives at Idle, near Brad-
ford, and keeps a shop, dealing in articles of provisions as
well as drapery goods. Ou the evening of the 9th of Nov.
last, the prosecutor and his wife retired to rest shortly after
ten o'clock, taking particular care that the windows and
doors were properly fastened before going to bed. About
two o'clock the following morning the prosecutor was
amused by a noise, wheh induced him to get up to see
from whence it arose. Oa coming into the shop, (which
is on the same floor as the bed-room) he observed that
the window shutters had been forced open, and various arti-
cles in the drapery business taken away, consisting of hand-
kerchiefs, prints, gingham, &c. Suspicion attaching to the
prisoners, their movements were watched by the police, who
went into Bolton.lane and hid themselves in a stone-quarry
behind some flags. After waiting there some time the pri-
soners came up wi'h another man, one of whom had a large
bundle, which was thrown into the stone-quarry. The
watchers immediately came from their hiding-place, and en-
deavoured to take the whole party into custody, but they
escaped. The police, however, saw sufficient of the faces of
the men as to he able to identify them. The bundle in ques-
tion was then taken out of the quarry and conveyed to Brad-
ford, and on being opened it was found to contain the articles
that had been stolen from the house of the prosecutor. The
police kept a sharp look out for the prisoners, and in about
ten days after they wire apprehended, but they did not suc-
ceed in taking the f meth GUM into custody. The jury found
all the prisoners Utsitty.—S,-ntenee deferred.

CENTRAL CRIMINAL COURT.—YESTKRDAT.
Oto Cover.— Before Mr. Justice Patteson and Baron Rolfe.
John Denny, 43, was indicted for the capital offence of
setting fire to a dwelling-Louse, in the occupation of Alfred
Cole, the said Alfred Cole and other persons being therein
at the time. The prisoner occupied a room in a lodging-house
in Kent-street, kept by the prosecutor ; and upon the day
mentioned in the indictment, the 7th December, an alarm
of fire was raised, and the prisoner wee seen to rush from the
room, which was then found to be on fire in five different
places. The jury found the prisoner Guilty, and sentence of
death was recorded against him.
John Orchard. 23, a drummer in the Coldstream
Guards, was indicted for stealing a gold watch and a
sovereign, the property of the Hon. Charles Grimston.—
The case was clearly made out against the prisoner. The
prosecutor, who is captain in the above reaiment, while on
duty at Buckingham Palm..., left his watch on the table in
the officers' guard-room, and when be returned, he found it
had been stolen. The prisoner was seem by the sentry to go
into the room, and he ateconded immediately afterwards,
and the stolen watch was traced to hit possession. He was
found Guilty, and sentenced to bard labour for a year.
The Grand Jury came into court, and the foreman stated
that they had concluded their labours. He at the same time
galled the attention of t he mutt to the want of proper accom-
modation for the witnesses, which, he said, they considered
must be calculated to deter persons from prosecuting. He
also begged to express the thaults of the Grand Jury for the
very great assistance they had received from Mr. Streight, the
deputy clerk of the arraigns, who had been deputed eo attend
upon them during the performance of their duties.—They
were then discharged.
NEW CUURT.--(Before the Common /*Omni and Mr. Commissioner
Bullock.)
RorinEßY IIY A CABMAN. —Charles Barrdi, a cabman,
was indicted fir having, on the 4:11 of December, stolen four
soverelgus two half sovereigns, four erewns, and other monies
and articles, the property of Charles Groves, from his
person. The proseeutor is a country carrier, and had hired
the prisoner to drive him from Notting-hill to Ealing. He
(the prosecutor) had, during the journey, fallen asleep, and
when he was ureic- by the prisoner, he found kis pockets
had been rifled, and his purse and money gene. He gave
the prisoner into the charge of the police, and the money
was found in various parts of the cab, sad the purse in one
of the prosecUtor's pockets, where he now swore it was not
when he entered the vehicle.—Mr. lorry, for the defence,
endeavoured to show that the prosecutor, Ives intozicated,
and that he had a female compauton in the cab, who had dis-
appeared when the prosecutor arrived at hie destination,
and that it was probable that she had taken the money from
the prosecutor. The prosecutor distinctly swore that this
was untrue--The Mort summed up, and the jury fonnd the
prisoner sosilly.—The prisoner received a good tharecter.—