The Express.
London, England, 1865-11-04 00:00:00

THE • EXPRESS, SATURDAY EVENING, NOVEMBER 4, 1865.

LAW INTELLIGENCE.

EQUITY COURTB.—Nov. 3.
U&)
Waken the Meal* d the Po
WiLLACI Y. rll3 Arrosion-sour.
His Honour to-day gave judgment ht this case afar as
reprded the due eCiastitiaguo entitled to benefit Elder
the bequest* at the will of Lord/dairy Seymour, who died„
Paris is 1868, and who by his will (written in Preach) p
"bas no del estate not Outdebates* disposed of to the
hoqUes de Paris de Loans." Lest year his
Honour, it may be remembered, dealt with the
question thea raised as to the area within which
the gifts of the testator were to be distributed.
To -day the questioe for judgment was what institutioas
within that srea (of which we last year gave a notice) were
to beaedt by the testator's bequests, upon which his
ROOM, ID an elaborate judgment, maid be was of opinion
that the soulless:Aka to be put on the gift toho
he e-
pines de Locates " should be geided by that put upon t
same word " bowies** by the 'Howell de Surveillaeoe de
l'Administraties Worrell de l'Assistanue Publique de Paris."
Therein the or.t ; tried the institutions which rewired
and provided for soon perms sea by reason of age, poverty,
imbecility, to., were at* •te *eke airs of thendelvea,
siltation. resolving proms unauscriptible of cure.
This
would exclude the great hospitals and edwaticaal estab-
lishments. Application was open at chambers to say Wad-
Cations claim* to fall within this clams, and she &ado. as
their claims could be appealed from.

COURT OF QUEEN'S BENCH.—Nov. 3.
Siftings is Barrea.—(Bofors the Lard Obis! Justice, and
Junior Mellor and Lash.)
TEUI OSSI Of CRAM M/ WINDSOR. Mil
The prisoner was tried and convicted at the lest Devoe- 1
shire senses, before Mr. Jenks Yeatiag, for the murder of ,
the Want child of Mary Sarah Barris, of Torquay, sad
she was left for mention, but the was afterwards 'emptied
Go the point taken by Mr. Folkard, her mussel at the
trial, that the jury baring been diaoharged on the PM
trial by Mr. Baron Claaemll without stein • mad
she could sot be put upon bar trial • second
time mid pat in peril epic for the same oilmen and ought
to be dimeharged. On the first trial the mother of the child
was arraigned with Windsor me an exemption Oomequently
no actual proof of Windsor's guilt Gould be given upon that
trial, sad twee the diffloulty of the jury la not beteg able
to agree to their verdict. Ou the mooed trial Barris was
admitted Qturee's evidence, and she them detailed the hor-
rible maser la which the child was mby Whideor.
The point rebid will be argued this tutsthle omen cm
writ of error, width hie bees lodged at the Orews-eflion
As the rem must ta argued in the convict's presume she
will be brought up by babess corpus, in the custody of the
gaoler, au the day to be appointed by the mart for hearts(
the arguments.

BAIL 00IIRT.—Nov. 3.
Sittings eh Nid Prius.—(Beicre Mr. initial Shim and Om.
nue Juries.)
This was the first day a the sittings. The list eratalas
only 26 rauses, 19 of which were remenets end 6 new amen
The ewe disposed of wars devoid al puma pablie
intend. --.

COURT OF COMMON PLEAS. Now. 3.
Sittings in Itemo.--(thiere Lord Chief
K Althea Ede and
Judas Byles, and eating.)
NOINFINLD W. INN twecitherth, BEIFTRLD, AND LINCOLN-
• 1U RAILWAT 001MANT.
This was en settee to recover for moose' io-
lOUS. but at the trial before Mr. Berm Bramwell, at
Liverpool, the plaintiff was nomeited.
Mr. Wm &laden now moved for • rule for a new trial,
and elated the following sacr
ed
i—fhe delendante
were empowered to make • railway sores' • highway, and
to do this it was necessary to Mast a rook. The plaintiff. •
lad, was pawing along the reed at the time of sai explosion.
when • Sine el the rook streak him upon the heakerel no
dreadfully injured him that it was thought he wouldteaco die at
once. Ills skull was fractured, and nearkpfel
of his brain eases away, yet stillhe lived. he emus
;embed os one side. The smaciit wee Nos the
ground that the contrether and not the railway company
ought to have been the defendant. The learned 00;11141
now submitted that although it wee clear that if the injury
bad been the meeeqosooe of any act collateral to the
work
contracted fee them the mmtractor would have been liable,
yet as this injury had followed from the strict performance
of the contract that the company themselves were
just the same as they would have bees if they had
the rock themselves. It ought to make so difference that
instead of doing the work themselves they had employed
some use shoe to de it. The aegligenos complained cd was,
that no amass were takes to prevent plasm of stem from
finis' span the road, or to warn pamengen spasm danger.
The Lord Chief Jurtiee mid he was of opielos that there
wee so came of action against the railway orictheny.
_They
bad simply employed • °mho-star to do • perfectly lawful set
—to remove certain earth and stone to make the railway—
and could set be held liable for any wrongful act dam by
the coetiador in the course of that work.
Rule refund.
Sittiap at Nisi Prim in Middlesez.—(Bthare Mr. Jostles
Width sad • Commas Jury.)
This morn* had beau appointed for mouseneleg the
GM nisi prim sittings is team, and the jury were in atteed.l
soon, and the mart eat at 10, being a veMiet takes in so
undefesded wee. The other oases in the paper were thea
called on la order bat none could be found is which the
counsel on both Ades were present. Several gentlemes at
the bar said that there MIS as harmed.= abroad that Hel
nisi prism mut, like the full mart, would aot At until half-
past one, and this had no doubt led to the difficulty in the
way of promeding with the badmen drier some diaosericre
am to the heat course to edopt, it DM arranged that the
omit should be adjourned until to-morrow Olds day) at
10 o'clock.

GUILDHALL.
/mph Stanton, aged 47. who droribed himself as a far-
i or brought before Mr. Aldermen Abbiss, charged ,
binaultiog a
witht twelve years of acte by strikis,
• the head ea ken hairusaist. Dad as° Wna
it
drunk.
bit appeared from the evidence that the prisoner was
walking along Holborn in • partial plate of into:na-
tion when he met the prosecutor,a little boy of very
respectable appointee. and without the slightest
Lion drub him • violent blow on his head with L."1:11:1
point of the iron tool which he bad is he hand. The blow
mind•• Urge lurap, and brought the blood Ss the akin, but
there was no cu and the boy felt for several hours
afterwards. Thet, prisoner was given Into custody by one of
the witnesses.
The prisoner said, in his defines, that She boy pushed
with him, end feeling irritated at the time he
fortsruck him
with the wooden portion of the instrument, which he
was very sorry, and would make him any compenaation is
his palm.
The venires were recalled, and they dated defiant!
that the prisoner struck the prosecutor with the ism, soil
did it without the slightest provocation.
Mr. Alderman said the annuli on of inch •
brutal ohs:sone that he had great doubt as to wheals lie
ought not to give the prisoner two months' impartment
without the option of a Ilse, but ao the boy on sot dr-
piously hurt he should only lia• the presser 40*, or en
mouth's imprisoemest.
The fine not being forthoontiag the mbar was tit•
moved to the Hoar of Corrotion, Holloway, Is the prison
vaa.