The Express.
London, England, 1851-04-10 00:00:00

THE EXPRESS, THURSDAY EVENING, APRIL 10. 1851.

Rab) iinteilignue.

The learned eatimpel then proceeded to comment
gra die circumstances of the case, and the conduct of the
pagnmostrix, concluding by asking the jury whether it was
fur them, upon the facts as they appeared in eel-
scree,alii.o conscientiously come to the conclusion that the
prisoner was guilty of the offence imputed to him.
Mr. Justice Erich aving summed up, the jury, after a
short deliberation, returned a verdict of Nor Guilty.
The prisoner was then charged, upon another indictment,
with committing the same offence upon a girl named Eliza-
beth Eliza llockenden.
The prosecutrix in this ease was o girl 17 years old,
and she stated that, in the summer of 1849, she was going
about to look for a situation, and, in consequence of a
bill she saw in a shop window, the contents of which
were read to her by another girl, she went to the prisoner's
house, and on her asking hint if he wanted a girl he told
her he did; and ut once took her up to the bed-room,
where he poured three different sorts of liquor into a
small tumbler and gave them to her to drink, telling her
the liquor would not hurt her; and the moment she had
drank it she became partially insensible. The witness
stated that upon this the prisoner took off her clothes and
proceeded to assault her, but her evidence failed to show
the commission of a felony. She stated that the prisoner
eventually gave her a shilling, and told her to come again
to see hint the next day, but she did not do so ; and it ap-
peared that she did not mention what had takeu place until
the police had made sonic inquiries with regard to other
transactions, in which her sister Martha was concerned
wfth the prisoner
In cross-examination the prosceutrix said that after what
happened with the prisoner, she went home and washed
herself, undalterwards went with Julia Wickes and Stevens,
the prosecutrix in the former iudiettneut, to the Victoria
Theatre, and that they did not get home till twelve o'clock
at uight. She likewise admitted that she had gone to
Greenwich Fair with a young man named Teddy 1.1110, 311(1
another " young chap," and a girl named Maria Baker,
who since then had walked the streets.
Mr. Clarkson again addressed the jury on behalf of the
prisoner, and he particularly urged upon their attention
the feet that the evidence of the prosecutrix herself
negatived the perpetration of the offence.
Mr. Justice Erie having summed up, the jury found the
prisoner Guilty of an month.
The prisoner was then charged upon a third indictment,
with the cummissiuu of the same of upon a girl mimed
Mary Auue Hall.
The proseeutrix in this ease deposed that she was thir-
teen years old in July last, and that in January of the pre-
sent year she was living with her hither and mother, in
lligh•street, Lambeth. About the end of that mouth she
said that she wet two girls, named M`Lachlan and Martha
Ileakeuden, and they asked leer to go with them to Dr.
Smythe's. She consented to do so, hut was not aware what
was the object for which she went. When they got
to his house, they said to the prisoner, "We hart
brought you this litho girl," cud he 'evilest, •• That is
good, •' but added that he could not speak to her then, and
she must come the nest morning, when he promised to
take her into his service. She went ten the following
morning, and was engaged fur two or three days in doing
the household work, and on the Saturday in the same week
she said that Martha llockeudeo undressed her, and made
her go to bed, and then undressed herself, and the prisoner
afterwards ensue into the room. The witness then gave
some details whisk are not tit tor publication, with regard
to the conduct of the prisoner, but it appeared that upon
this occasion she resisted liim sueyessfedly, and that
he kicked her out of bed, and told her to get out
of the house. She went away, but it appeared that
she made no complaint of the prisoner s conduct,
turd un the Tuesday afterward, she went again to the
sc to fetch away an apron and a pair of boots which she
had left there, and mane this occasion she represented that
the prisoner eemmitted the act imputed to him by force, and
without her consent.
Mr. Ciar:oon, in his address to the jury upon this charge,
again urged them whit great warmth cud earnestness not
to allow the circumstances that had been hotel before them
to operate unfairly against the prisoner. Ile admitted that
the prisoner was a bad man, aud personally he said he de-
sired as much as anyone present to see loin punished fur
his grossly immoral conduct, but at the same time
it was necessary for the safety of theist all to take rare that
the law was nut strained unfairly to meet any particular
one, fur if this were otter to he permitted to be done in the
ease of a had man, they could not tell how soon the same
thing might occur to a good one. 'laving made these ee•
murk., he went on to draw the attention of the jury to the
evidence of the prosecutria, and argued that it was impos-
sible to entertain any doubt that she was a consenting party
to all that took place, and that under these chewiest:slims,
although it was perfectly clear that the prisoner's conduct
had been most disgusting and immoral, yet he said it would
at the same time, he most unjust to convict him of the
particular felony with which he was charged upon such
evidence.
Mr. Justice Erie then summed up.
The jury having deliberated her a short time in the box,
expressed a wish to retire. They left tile court at half-past
five o'cluck, and in about half nit hour they sent a written
communication to his lordship, stating that there was no
chance of their agreeing to u verdict.
The learned judge, upon receiving this intimation from
the jury, left the court, giving directions that lie should
he sent fur when the jury were prepared to give, their
verdict.
The jury continued in deliberation until nearly ten
o'clock, when they announced that they were agreed.
A messenger wits immediate ly despatched for the learned
fudge, who arrived shortly be fore eleven.
The jury then gave a verdict of Guilty.

INSOLVENT DEBTORS' COURT—YESTERDAY.
SWOIII Me COlllll.lO3Mt LAW.
IX Rig JOHN limn' DUTLE.
• • . .

In this case the amendments were made in the schedule,
on which it was mentioned to the court preparatory to Mr.
Doyle being discharged.
Mr. Commii.sioner Law said the description, as amended,
must be advertised. Whenever a material alteration was
made in a description the same must be advertised. In this
ewe there would be no injury, as the insolvent was at

large.
Mr. Sargood took occasion to observe that there was now
every prospect of the creditors being paid in full. The pro-
perty would be realised and the creditors paid. In the
absence of his learned friend, Mr. Nichols, he was requested
to state on the part of Mr. Doyle that he was anxious to
pay his own private debts, and it was trusted that crc long
nn application would be made to the court to remove the
schedule from the files.
Ilia Honour said he should be glad to listen to such an
application.
The case was adjourned as stated, Mr. Doyle being on bail.