The Express.
London, England, 1846-11-04 00:00:00

THE EXPRESS, WEDNESDAY EVENING, NOVEMBER 4, 1846.

sengen and the quantity of luggage. An objection was
raised to making the over-loading the ground of defence, s
it wee not stated on the record, and leave was given to move
the Court above on the point.—A verdict was retuned gene,
rally for the defendant, and for the plaintiff on the first and
second Wins.

COURT OF EXCBEQUER.
(Metter In Banco.)
WELLAND V. Baca.—OLAmosa--This case wait tried
before Mr. Serjeant Wales at the last assizes of Worcester.
It was an action for slander, the words spoken not beLI
actionable in themselves, but so only with reference to the
claintitf's occupation. The plaintiff had been lessee of the
tur,npike tolls at Tewkesbury, and the slander complained of
was, tat the defendant stated he was a defaulter. The
declaration contained the usual averments that the plaintiff
was lessee of the tolls, and that the words were spoken of
him In that character, and, after setting out the words, it
concluded with an averment of special damage, which was
that the trustees had, in consequence of the defendant's
imputation upon the plaintiff's character, refined to take a
bidding from him sand auction of the tolls. The defendant
pleaded not guilty, traversed the indictment that the
plaintiff was lessee of the tolls when the words were spoken.
At the trial the words were proved, but it appeared that the
plaintiff was not lenee of the tolls when they were spoken,
as he had ceased to be so some years before, and it also ap-
peared that the trustees did accept the plaintiff's bidding,
and that he had been outbid in the ordinary way. The
question therefore was, whether the words, when not ae-
uonable in themselves and spoken of the plaintiff in a cha-
racter which he had once filled, sustained the declaration: a
verdict having passed fur the plaintiff for 40s. Mr. Serjeant
Talfourd now moved, pursuant to leave reserved, to enter a
verdict for the defendant, and a rule to show cause was
granted.

his cabin, returned with a sword, and made a blaw at the
defendant, which mined him. The award was takers ]kolas
him, and the steward got a knife and made a blow at the
captain, whisk he avoided. His officers then- tune to his
misname, and the prisoner was bound on deck from nine
till twel►e, for three nights, and afterwards kept in irons
every night from the 2nd of July to the 6th of October.
When the prosecutor was crow-examined, he admitted that
321. 10s. was due to the defendant, of which he bad only re-
ceived 41. 10s., that it was by his orders the defendant was
bound to the deck, and then removed to another place where
he was bound all night, and afterwards put in irons for over
12 weeks.—The jury returned a verdict of Guilty, but
strongly recommended the prisoner to mercy.—The Common
Scrjeant said he prrfectly agreed with the verdict of the
jury ; he thought the prisoner was guilty of the assault, but
also that he azd been sufficiently punished for it, and as
that was his impression he would sentence the prisoucr t 3
eight days' imprisonment, the term of it to commence on
the first day of the session, the effect of which would be that
he would be immediately discharged.

POLICE. v —.EBTERDAY.
CLERHEYWELL.—ATTEMPTED M V IMRE or A MO-
THER By HER DAUGHTEIC—Ann .Pord..er was Chard with
having attempted to murder her mother, by strangling her.
Elizabeth Jennings deposed that the prisoner lodged in the
same room with winless and her mother, who was a washer-
woman, at No. 5, Vet non's-buildings, St. Pancras-road. At
three o'clock that mot. ging the prisoner came home intoxi-
cated. A quarrel ensues,' between her and her mother,when
the prisoner aimed her In
the throat; they struggled toge-
ther for some time, until the prisoner forced the mother
down on the bed, and held I.'et until she was black in the
face. Witness separated them., and the mother lay on the
bed apnarentiy lifeless. Witness instantly sent for a surgeon,
and acted in a policeman, who to, o the prisoner into cus-
tody. A surgeon attended, and th, • mother was restored to
her senses. She said " She (meanie', the prisoner) did, it."
Haines, 191 S, deposed that, at halt 'Past three o clock, be
wu called in, and found the mothe,' to all appearance
dead, lying on the bed. When she a une a little to her
senses, he inquired who it was that ob'ered the violeuoe
,to her ? She replied, " She did it," meat tog the prisoner.
Witness took the latter into custody. Th e prisoner said
several times, " I did it ;" and exclaimed I will do it for
all of them, one after the other." Witness pa alueed a cur"
geon's certificate to the effect that Henrietta Parker was
lying in a dangerous state from the effects of v. 'alien by
strangulation.—Mr. Combe i..quired of the wi.ness Jennings
whether the marks of violence on the mother's its k were
caused by the prisoner's ,handsl—Jennings: I cant, of say
whether by the hands or strings of the perieoat.—
Combe asked the prisoner if she wished to say waythin, to
the charge I—Prisoner (sullenly and indifferently): I ca ne
home and she was drunk ; she began with me, and strut
me on the nose first.—Mr. Combs: Your mother's life is it
danger; this is a serious charge against you—perhaps she I
may die. I shall remand you mail her fate is known.—She
was remanded.

HIGHWAY ROBBFRY.— Thomas Lavender was charged
by Miss A. Jones, with having stopped her, and stolen from
her person a silk shawl. The proseentrix, whose face ex-
hibited marks of violence, deposed that on Monday evening
she went to a party, where she was detained until twelve
o'clock. She had made an appointment to meet her mother
at the Temperance Hall, South-street, Islington, to proceed
home with her, and us she was on her way, the prisoner ac-
costed her, saying, " It is a fine night," and he solicited her to
take his arm. She declined this invitation and a alked on, but he
continued to follow her, and he several times importuned
her, but she hastened onwards much alarmed. On her ar-
rival at the corner of South-street, near Britannia-fields, the
prisoner seized her and told her to open her shawl, when she
called out " Murder," " Police," keeping tight hold of her
shawl. The prisoner then struck her a violent blow with his
clenched fist on her mouth, which lacerated her lips, loosened
several of her teeth, one of which was knocked out, and,
dragging the shawl from her shoulders, Le ran off with it.
She bled very much, and was nearly stunned, but she called
out " Stop thief," and the prisoner was taken into custody.--
He was committed for trial.

LAMBETH. IMPUDENT ROBBERY AND RECEIPT
OF STOLEN GOODS. John Millard and John l'hillips
were charged with fraudulently obtaining goods to the
amount of 461. 19s. 6d. On the 17th of September the
prisoner Millard called at the warehouse of Messrs. Arnold
and Co., plated ware manufacturers in Thavies' Inn, Hol-
born, and seeineMr. Aidkius, their agent, stated that he
was about to open a shop in Camberwell, and that he should
want about 401. worth of goods. Mr. Aidkins asked him
what terms he intended to offer, and he answered the usual
terms of the trade, namely, three mouths' credit. Mr. Aid-
kites replied that he should have no objection to do butanes'
with him upon those terms, provided hefurninhedeatisfactory
references. The prisoner gave the ominous name of
'• Walker," residing at No. 7, Triangle, Camberwell, as
his reference. Mr. Aidkins called several times at that ad-
dress, but was unable to see Mr. " Walker," and he, in con-
sequence, told Millard that if he took the goods he must par
fur them on delivery. This he promised to do, and desired
the goods to be sent to his house at a certain time, when he
should be prepared to receive them. They were accordingly
taken to the house in a cab by Mr. Aidkins, jun., and the
warehouseman, but, on arriving there, there was no person
to receive them. The prisoner Phillips, however, soon made
his appearance, and, asking them if they did not want Mr.
Millard, said that person would he there in a few minutes.
Millard made his appearance within the given time, and
directed the warehousemen to take the things into the house.
The yowler man accordinaly carried the goods into the shop,
and just as he had done so, the prisoner Phillips came in and
asked Mr. Aidkins, jun., and the warehouseman to go to the
public-house with him to receive the money, hit observing
that Phillips was about to stop behind they exhibited some
reluctnnee. Phillips perceiving this, said he should go also,
and all set out from the house together. Phillips bad
not proceeded far when he ran back to the house,
and carried away the whole of the property by a hack door.
The other prisoner, Millard, also managed to step off in the
hustle, but information of the robbery having been given to
Davis, 51 P, he succeeded in apprehending both the pri-
soners. The officer afterwards traced the property through
two persons to Mr. A. Depree, No. 11, Petticoat-lane,
Whitcchapel, who Lad purchased it from a person named
John Scott for 481., and produced a receipt for 481.,
signed by John Scott for the amount. Davi-, the officer,
knowing that the property originally bad cost within a
fraction of 481., asked him if he had sold the property at a
loss, and he replied that he hail not, that he had disposed of
it at a profit.—Depree being now in attendance was called
on by Mr. Elliot for his explanation of the transaction, and
said that about the latter part of September a person named
Gordon came to him, and said he knew where there was a
parcel of geode for sale, if he wished putchase them. He
subsequently saw the prisoner Millard, who represent, d him.
self as John Scott, and lie purchased a quantity of plated
goods, of which Gordon had given him a receipt for 171.
!dr. Elliott: How was it, if you bought them for 17!., that
you exhibited to the officer a receipt for 481., and said von
had paid that amount for them ?—Depree se as on a Fri-
day evening the things were brought to my place and I was
in such a hurry to get to the Synagogue that I did not know
what 1 did. (Laughter.) The receipt is wrong, your wor-
ship. It was all owing to my being in such a hurry to go to
the Synagogue, your worship. (Renewed laughter).—Mr.
Dcpree here handed to the bench a filthy book which ap-
peared as if it hail been kept in the chimney, to corroborate,
as he said, what he had stated.—The book, however, made
matters much worse, for, on examining it, the last entry ap-
peared to have been made several months back ; but at the
end a fresh sheet of paper was tacked in, in which there were
several entries of purchases and sale since the month of
July, and• amongst them the entry of the goods purchased
from Mt. Scott for 171., but all had evidently been made or
written at the same time, and with the came pen and ink.—
Mr. Games, who attended for the prosecution, called ou the
magistrate to place Depree in the deck with the other pri-
soners, on a charge of receiving the property knowing it to
have been stolen, and said he felt confident that after hear-
log the testimony of Davis the officer, and the production of
the book and receipt, a jury, notwithstanding al: he had said
about his strict attention to his Synagogue, would have very
little doubt of his guilt.—Mr. Elliott ordered Depree to be
placed at the bar, but we* without legal advice or as-
sistance, he adjourned the further hearing of the ease to an•
other days—The change in the appearance of the third pri-
soner, upon being placed at the bar, was most remarkable.
WANDSWORTIL—STAIIRINU A Wire.—Yesterday,
George Frost, a labourer, whose murderous assault on his
wife was fully reported in yesterday's paper, was brought
up for final examb.ation. lite wife of the poisoner attended,
and said she had been martied 32 pare; that she was very
hasty, and considered her-elf as much to blame as her bus-
band. She thought it a hard thing to be obliged to swear
against Lim—Mr. Clive observed, that the wimpls must be
sworn, and recommended her to be careful that the account
she now gave did not vary with the statement she had made
at the police-station on Sunday night.—The witness having
been sworn, deposed that, on Sunday last, she and her hus-
band had both been partaking freely of beer, and had some
high words. Her husband did not do any more to her than,
in attempting to pass him, she found her aria cut, and went
out ; and being seen by a policeman, lie took her to a doc-
tor's to have it dressed.—Mr. Edwin Fennel, surgeon, proved
that the woman Frost had received a wound in the
fleshy part of the arm, which had been inflicted by
a knife. The instrument had passed completely
through the arm; but, fortunately, avoided the larger
vessels.—John Payne, 11 V, acting-inspector at Wands-
worth station, proved that the wife had stated to him that
she and her husband had some words and threatened
to stab her." Ile took a knife out of his pocket, and
opened the hindo, but he did not stab her with that one, bet
one from off the table. She then struggled with him, threw
him down, and wrenched the knife from him, atter which
she went to the police. The prisoner made answer that she
had taken up a knife scores of times to him, and she replied
she had never used it. The prisoner then said, " I own I did
it, but it was all through jealousy."—The prisoner, whose
defence was that he did not stab Isis wife inten-
tionally, was sully committed for trial, upon the
charge of cutting and wounding with intent to mur-
der.—His wife fainted on hearing the decision.