The Express.
London, England, 1865-03-03 00:00:00

COLONIAL lIARITINE DEFENCE.

Mr. CARDWELL moved for leave to bring in • bill to
suable her Majesty's colonial possessions to make provision
for their maritime defence. The right hoe. gentleman ob-
served that if the defence of our 00100itil by land wu im-
portant their protection amine* the attacks of an enemy
by sea was still more so. The subject of their maritime
Memos bad therefore long attracted attention both at some
and ea the whisks themselves. At the same time, there
were great 'Minnas" ' is the way of creating a colonial nary;
kg, beaus sack a vary wmld not be recogaised by foveae
cosatolse, err he oinked with the rights that below to he
maritime tense al her Majesty ; secondly, because it would
be herd to settle the questions that would arise ma to pre•
induce between her Majesty's officers and officers of the
colonies • and thirdly. beanie it would not be may to eon.
bias the form of different Goloshes for a commas object.
It would he recollected, bower'', that is 1868 a commission
was appointed to consider the =lonise of the Davy,
and it resulted in the net of 1860. by which a
farce was established called the Royal Naval Re-
serve. That force alnady numbered 18.000 mss,
who la time of peace followed the ocoupatiou of merchant
seam.., het who is time of war became to all intents and
porpoise members of her Majentja nary. He did not age
why • plea which had be.. feted so valuable at home,
should not be extended to all her Majesty's foreign
pos-
se which bad a maritime population, especially
such colonise as thou of Australia and North America.
Th. bill, therefore, which he Wormed to being to would
simply erased to the seicales the act of 1859.
areating the Royal Naval Reserve. (Hear, bear.)
There was also a provision arising out of a wish on the part
of the colony of Victoria to have a Queen's ship of their
own. At snout they had • ship, but it Ina only node'
the local authority of the colony ; it had not the rights or
the privilege, of a public ship of war. Thou rights and
privileges could oily be obtained by punier the ship nadir
the juriadiction of the Admiralty. Tho bill therefore gave
powers to the sirloin of placing tbe ship eider
the control of the Lord. Commissioners of the
Admiralty. By these various mean, the ..veal colo-
nies would 130 enabled I. combine wader the
authority of the Admiralty, tad all the maritime Popula-
tions of the colonies might be united in we body sled consti-
tute one system of naval defence for the whole British
empire. These being the objects of the meastars, be would
ask the house ben him leave to introduce the bill.
In reply to Sir W. Mims,
Mr. CARDWELL said the bill outempleted that nollting
should be done under it except at the exposes of the oak.
nine, at lean in adieu" times.
Leave was then given to bring la the bill.
HERRING FISHERIES (SCOTLAND).
—-—•• • - - -

We W. DUNBAR °Mahood Lave to brieg is; • bUI to
mewl the kw is
to the ohne thee toe the herring
!Inherit= Beethad.

The bill was,read a erel !kw ;.eati

Tbo ►0... adjoined AI ilvo gamuts. pack 11 o'clock.

CRYSTAL Peirce. Oxs linruawa
TIRTIADAT. YAWN IL as ram% 480 ;
diltbi by moms Woke* 816 ; told visitors, 1
[AdvertieementraisetHemarakwAT's Prim are de-
eter the best ke elierdee of the stomata and
bomb, ibo liver mod Tbry rot &WM ea
WWI and yet to way IMO probe et lbo mos romtl-
Mims
.romAtlri: ibm tes omiklarmi Toy
=d° aN Vratirma=o4rbalitim...7rboy
rot w mond=
nolliog yol or llomorod rig moo:osio4 to dam for
airamma thead. Imireihsr with
taw dbiesibmo Mimi Os moli boa. ait sum 'maw
or mirimor 411111 b. mimlstl to say military me or
slokam.

LAW INTELLIGENCE.

COURT OP PROBATE AND DIVORCE.
hums 2.
Melon th• Judie Ordisary.)
_ _ _ soaps O. DATUM

Dr. Demo, Dr.iiplake for the plaintiff ; Dr.
Swabey for the defendant.
The phdetiff, Mr. William Rogers 'who is better knows
to the public as Mr. Arthur Stirling), an actor at the Adelpht
Theatre, proposeded is executor the last will of Mrs.
Lobelia Catherine Dames ; and it was opposed by her
husband on the ground of sodas eitheaMen, wart of capacity,
and nodal" inflames. Mr. Davies also alleged that the paper
before the °mut had not been intended to operate as a tes-
tes:nectar, instrumeat.
The clearamed was originally a Was Ballard. In Attract
1853, she ocielrented a marriage with Biehard Davies.
At that time there was no settlement, but in 185;r mat
as mat nuptial one wted. It 1859 there was • esx
sad the testatrix afterwards commenced
against the defendant for a divorce on the grocnA7Zr'adienity
and adultery. Is January, 1864, the snit was compromised
by a dud, in which the defendant, in csocaideratiou of 77511.
paid down to him, gave hie wife power to make • will as if
she wore a fame sole ; sad consented in the event of her
sot dots; so, that her property should be divided amongst
her relations, in ocnformity with the statute of distribution.
On UN 17th of February she made • will, by which she
We all she had to her mother, with whom she lived from
the date of the separatiou to the day of her death. On the
17th of June, being then in an alarming state of health, she
executed a wound will in f of the plaintiff, but desiring I
him to pay an tenuity of 501. to his eider. She died two
days afterwards. The property was stated to be worth
about 1501. • 111.13 poeasemoa, and 4001. • year at the
death of Mrs.
Evidence having bath gives negativing completely the
allegations of the defendant,
Mrs. Ballard was sworn. She mid that before the will
was made her daughter had explained her intentions to her,
and that they had her complete approval ; for Mr. and Mies
Rogers bad long been intimate friends of the deceased. The
deceased's acquaintatice with her husband bad arisen from
a casual meeting in the street at Clifton. Testatrix never told
witsees that there bad been an improper intimacy between
her and the plaintiff. She mad* his acquaintance while be
was playing at Bath.
Cronsamunkted—So far as witness knew there was no
ground for any inanuation of improper conduct between
her sad the plaintiff.
Dr. Swabey proposed to call witnesses to prove that the
testatrix had made statemeets of the kind referred to, and
to found thereon a auggestiou that she most have bean •
person of weak mind.
The Judge, however, ruled that the statemests would not
be material, because. even if they had been made by the
testatrix, they would not be any proof of the fact. They
were, therefore, perfectly immaterial.
The jury at coos found far the will, and
The Judge decreed waked% eendemnieg the defendant In
the meta.

00IIRT OF BANICRUPTOY.—MARcH 2.
(Beton Kr. Ocnamiasicaer Goalbura.)
ix RE OOLOSTL wAuon.

This was • sitting for examination sad dividend in the
case of the welLkoown William Petrie Waugh, described
as of Branham Woad and Abiagdenatreet, Westminster,
sad formerly • director of the Lades sad Eastern /tackles
Corporseien. The accounts bare already bees published
in detail, atoms with the offical aesignes's report on the same.
They shew as aggregate liability of 33.1.0001., of which
240,000/ is due to creditors holding security, and com-
prise the large claim of the Landon and Beaton' Bask.
There has yet been no dividend, but at the last sittiag for
audit there was morbid to be is hand a sum of 7,4E14,
'object to the payment of solicitor's wets, Ise.
Mr. Linklator appeared for the assigases ; Mr. C. E.
Lewis for the official of the Loadoe and Beaten'
Banking Corporation ; sad . Bargood for the bankrupt.
Linklater said that an 'transit:cent had bees some to
between the magnum sad the manors of the London and
Eastern Backlog Corporation, whose proofs would now be re-
&load to 100,0001., the bask retaining the seonrities they now
held; the proof is staid and take dividend oat of the
onsets at present realimd, sod afterwards to be expunged,
so that the assets to be hereafter realised would be divided
amoopt the other creditors. it was also part of the sr-
raoseinent that • moiety of the funds realised by the official
managers out of the seemed property should he brought
into the estate.

maid the arrangemeet appeared to him to be
au equitable one, and he would sanction it as tar ma the law
allowed.

Mr. Lis/dater said the,. wee so opposition to the bank-
rupt pianist, and he believed that the amalgams would not
offer any opposition to his certificate while be applied for it.
They were of opinion, looking at the time that had, sloped
since the bankruptcy, that the bankrupt bad suffered
Hh.
is Hower expressed his writhed.* of the way in
whisk Mr. Widmer bad cloodnated the owe of the assignees
aa against the unfortunate bankrupt.
Mr. C. E. Lewis stated that the managers of the Eastern
Banking Corporation had agreed to leave their OW II
against the bankrupt in the heads of the assignees.
The bankrupt then passed. The amount of dividend to
be declared was note but it is mid that it will be very
small, probably lest than la. is the pound.
Mr. E. Reed tendered • proof for 500/., on behalf of the
representatives of the IaUM. W. H. Clarke, solicitor, on •
bill accepted by the bankrupt in 1857.
The bankrupt, examined, stated that be had received
4001. is respect of the bill, but the money was afterwards
repaid to Mr. Clarke. two or three days before he left
England in March, 1857. He then owed Mr. Clarke 4001.,
and was still indebted to him in that amount. They had
&disputes@ to @Jemmied**, and bankrupt allowed him to
' retain the bill is satisfaction of his claim. The commission
was for intraducist a mortgagee, who advanced 30,000/. on
Breakage Island. Wither did not admit the claim for
commission, but would not object to a proof for • certain
amount, if the assignees were wiUiog to admit it. Had paid
Mr. Clarke 4001. in cosh, in two gums of 2001. each.
He did not think he got a receipt for either sum.
He &eked for the bill to be »tweed, but Mr. Clarke refused
to give it up. Two bills of 5001. each WWII gives. Mr.
Clarke had advanced 4001. on each. He wan quite willing,
If the smitten would allow • proof for part of the amount,
to make some arrangement for satisfying the remainder of
the claim. Had paid Mr. Clarke 5001. or 6001. as commis-
dos and considered that he had paid as mach as was duce
He did not consider that he owed scything os the bill.
Linklater opposed the proof on the part of the as-
Hie asked when the proof had been fire/ ten-
dered.

Mr. Linklater said in November, NM. Mr. Clarke, who
did set die until woven years after the bankruptcy, had
taken so step to make any proof.
Hie Honour vu clearly of °plaints that the proof ought
sot to be admitted. The claimants haviag lain by for six or
eaves years, it was too late sow to seek to aeons the
claim.

CENTRAL CRIMINAL COURT.

THE SAFFRON-HILL NURDZB.-TRIAL OF
umkosto.

Upon the re-assembling of the coast at two o'clock.
Mr. Williams called the following viragoes' for the &-
Inas :

dared Itebbeek, atamined by Mr. WHilams—l am •
=at the Golden Anchor yobbo-boom On the UM
her I wadi Nerving hi the bagatelle-room. I re-
member going in to get a pipe. I passed through the tap 7
room, and I saw Gregorio there. I did Dot ami Yolked WI
he stabbed me. There was a kind al uproar going ow la
the bagatelle-room. I can't my if my master had been
struck. The brother of the prisms( told me to go tack
or I should cutch it as well as the other. I then went beak
into the tegatelle-room. There were about fourteen Zs,
liahmen there at the time. There were no Hallman tame
thee. I afterwards went into the yard and got some Aida
I swear that John, the brother of the primmer at the bar,
en did sot ter the ram before Polioni. I will swear this
the prisoner at the bar did Dot enter the room before him.
I saw Polies' eater the room first. He dabbed me. 1 did
Dot see him do anything to Harrington. At Ibis time the
primmer at the bar wee DIA to the room. I bad knows
Polioei previous tomis. Heave known him four or give
yours. Imy Hagton's body on the floor, and I saw
Polioei on his body. I swear that when Polioui entered
the room there were w other Italisne there. _ .

6oseexamined by Mr. Serjeant Ballantine—l was be
in the holism My father formerly kept it for years. I gave
the Eriglieh the Miele bemuse the.. we. gain to be a sew.
They asked me for the sticks. They were blind-rollers, a
copper-stick, sad a broom-beadle. It did not strike me as
being better to have gone for the police. The tap.reoei Is
a dewing-room. Then were a great many meow present,
both English and Italians. I reamt my who it was that
streak the imam King. I did my it wee not Policed at
ars; but now I ma's say who it was. I wee at the door
of the bagatelle-room when I was stabbed. When Mimi
stabbed me it was before be entered the room. I was boned
over to appear here.
By the Judge—Polioal was at the top Harrington.
Imy a knife in Porwai's bead. This was after be had
stabbed me.

Maria King, examined by Mr. Williams—l wee with my
husband on %be 26th of December at the Gold's Awoke.
wee is the bagatelle-roam. My hortrad wee with me.
Michael Haningtes was there. There wen so Itiliese is
the room. I got up for the purpose of leaving the room.
This wee shoot half-peat 6. I opened the bagatelle-roost
door, sad ea soca as I did so I was knocked down. It was
who knocked is. down. I did sot know him pew
Timely. Imw him at Ma trial. He had set 'stared the
room whoa be knocked me down. It was wet the brother
of Oregorio who knocked me does. It was Poliosi. Ho
knocked me down with his het. I wu Mussed, sad mew
nothing after I tell.
thine-examined by flerfeast Bailantise—Wbes I woe
hooked doers the,. was towards the mom. I
never uw Generic or PeMoni before the 'VS la googlies.
I bad suMciest time to see who kit me. Of semen I we
takes by earpriss st bliss sirs&
Omege Weisel; awl:died by Mr. Williams—l am •
sorpact of intim Os she 2M of December Polies(
was broght be the polimistatios the with Mob-
berg &Weak. I the knife with by
eam top gives
to me.

dile wit► tin rid I Mahout

of Peliosi's pocket. At the Yaw I took it tams was
appearances on it that shoved it had sot bees said AA
soma days.
This closed Iles sem

B:rTalt Barer sad—Whatever may bar bees the
aurae of the Begliehmen in the quartab then wee no
doubt that the drawing of the knife and stabbing sight
and left could not he celled justifiable; Mt be argued
that the aloha egad not be reduced to or less than
that of marlatigither sad tarifa, they woad del
with the ease se one of • very pre nature. We. the
defence • sham one? Had the primmer at the bar
come forward to relieve • man whom the law had
senteneed to death ? They had seen the seaweed men, sad
as in all cues a great deal of truth might be ginger from
demeanour, they of warm would be able tow If the de-
meanour of Policed bad not iefiremed them Hs was sure
it must have dor so. They Gould bar no doubt as to the
truth of hie statement. It was true he was • seetered
man, but it did aot follow that he was not se innoesst can,
and he trusted the jury, in arriving at their verdict, would
deal with him as one who, in all human probability, was
innocent. He had °rely and unhesitatingly stead that
he was at Borden's; that he was fetched from there, that
he forced his way Into the door, and while doing so be was
knocked down by a bion os his head. Bs lest his arse,
and subsequently be was take% to the striae boom It
had been sworn in evideses that the bade ford are
Polioni bad not bees used for some days. Was it
probable that be had two knives! That was hardly
likely. He was not defending Pollool except tore rit the
case for the prosecution, and certainly the case him
' had been considerably weakened from the fact his knife
being found is a eats thalbowed ft bad sot bees used for
days previously. On the other hand the oily 'ails that was
pertinent to the inquiry Wheal dearly shown r
to the prisoner at the ler. That knife was not Its=
upon the last trial, but it was • meat important element. it
must have been in the here of the police, and ought to have
been prodood. No 'Adam whatever 'woven given about it.
He was rue that the jury would not entertain the ler doubt
as to the.knife belonging to the prisoner, signiori whom it
was most important testimony. Be then went ou to draw
• nearer the Golden Author on the night In question,
I sod be begged the jury to consider whether the rimers
Robber and the woman King might not he mistakes as to
lbo sand man who struck Barrington. Robbed' had
altered his testimony from that which be gave before the
magistrate, which the jury would, of cores, lake tee
what it was worth ; and again, they must ormelder winger
It we. not even more than probable that the women
King, in rho excitement that prevailed at the Geldsa
Arbor, was mistakes as to who had struck her.
With regard to the corer= of the prisoner, they woad
have to brio/ their made to bear epos a great question of
human nature. Pumas might make pat seedless, but
there was ao each motive in the perm ingesses. The
I prisoner at the bar, with the knowledge that aa imarent
was was about to suffer death, had come formed and cos-
leased himself guilty. He bad been erred by •
great sod noble feeling, whatever his crime might
have been. He was not to judge u to whether
that man was guilty of the crime of which as hod oedema
himself. They would hare to say that. Be then ailed
the attention of the jury to the evidence gives by Mr.
Negate. He bad given his mares is a memer remark-
able, and he wished the jury to remember the testimony it
had brought rout. lie finds the prisoner at Birmingham.
B males his finger in the prim:oases kw aid says, " How
Yit that you could not go into • row without drawing •
'ells?" There was so reparation. They would have to
say if the scene which Mr. Negate had se truthfully plaited
Wore them was one of profound desimulation. If they
believed that statement, the. Polioni was innocest, end
the pruoaer at the bar bad placed himself in the trikomels
of the law.
The Judge—Gentlemen of the jury, the deciding of
this gqnation roes with you, therefore if you discover le
ssy anythir that influences you or way or the
other I mad beg of you to discard it a I
think that no one who has heard Hr. N but will
agree that hs has brought this case before you bye sheer
set of humanity. He had heard something that led him to
believe that an Mamma man would radar, sea through
his intervention this ere bas been brought before yea a
eared time. You may be sure that the jjassyy who gamed
the verdict on Mimi oradered as seximay r yen will
do, bat I with you to dispossess that verdict from year
minds; and further, I must request you net to sapper
I that you are dealing with the life of Polioni, for any**
=ow be might hays been meted, became the
judge who tried him did not deem his cue
one for carrying out capital panishmeet I oak you
to think what is the direr evidence that the prisoner
card Harrington]. Giorani liopti, the brother of the
prisoner, and Harass. are the two witnesses who • be
stabbed some me. Bat you must keep your misde upon
tie point—did he stab Harrington. Giovanni Mogul says
" I saw my brother pail out a knife, but I esset say who
received the blows." Therefore in this there is no proof
that he stabbed Harrington. Tie other witness says after
he had bees is the ream • few roads be saw Gaps&
with • knife in his band, but he did not re him nee it.
Still there is so proof that the Wapner stabbed Harare&
No doubt be stabbed some or or other. Thee ante the
question, was there ram eke with skulk ? Yoe beard the
evidence of Rabeck. Yon will judge whether roe cm
throw srpioloa upon his tesamony. Ha says, "I saw Har-
rington. I felt Papa's kale on my right aids. I did not
me him do anything to Harrington; " . bat," he eye,
" I saw Policia on the lop of him. I saw the knife in
his right hand ;" mid spin there is ream wile= who
swears that Polioni used ate knife. But Naiad end. " I
bad no knife in my porgy but afterwards a knife was
takes from his pocket That are two wirers' who my
they saw him using the knife. Now, ma • the evidence
stopped, could you say you were eatisgad that it was the
prisoner's knife? Pohoui swears he did sot use the Waifs.
Now, with regard to the oonle.i yea have to think of
nothing ass but whether be killed Harriegtoe.
primmer's brother, in his evidence. lays that Graeae said
that he used the knife. Now, Maud says the prisoner
maid " I stabbed three or four." The pcoseratica mays if
he dabbed three Harrington must have been as.; but H
you believe &Mack, only two could have been stabbed ;
but certainly there is evidence that three were
stabbed. Bilk Gregorio said he had stabbed three or four.
Now with regard to confeeslons be rade to fiebieria. B.
says the prisoner mid I killed a man with • knife. There
is no evidence that I can see that any one had • kale bat
himself ; bat there is still a, difficulty of bringing Mae
that he stabbed Harrington. Mr. Nigretti says, " I
found Gregorio to • carpeuter's workshop. I said this to
him, shaking my fist, ' Yon moil, is it poseible you
could not get into • row without using the kids?
Do you know that your cousin is going. to be bung r-
The prisoner acid incredulously, No. Is there r
chance of seam him ?" Mr. Himmel replied, "Only
by giving yourself up." The riser: then paid, "My
cousin shall Dot be hung for mu" He then said he had
been drioking till be was the worse for lame ; that
he slapped the landlord ; that abnegated,' be rushed
into the bagatelle-room with mama oaten. sad fought
their way with their fists. Be saw his brother's face
covered with blood, whereupon he pulled his knife out a
his pocket, and used it in self-defesco. Upon getting to
town he said, " Go to Newptia, and tell my cousin I have
oozes to give thyself up." Now, does the whole of Mr.
Heinle's evidence amount to aoything more than he mid
the knife? Well, gentlemee, if that is the right view of the
einfessions, thee they were ao good. Some yeas ago I saw
• very repeatable man *tending in the dock upon • charge
of arson. He eoresesd to the crime, but the jury deltic
lived him, and he was acquitted. I
.qnote to show that
coafessime of creaked' are sot Mar eviderna It
is a mistake to suppose that the guilt or inacemee of
Polka will be orelrively established by the menit of this
trial. Polioni says the blood upon his head came from hie
head. It is plain that there was peat eiders ea tie of
the English, but is it evident that if they had let the
alone they would not have been interfered with ? I
unless it as proved that these weapons were actually used is
the deluxe of life, thee the me a then we. not justifiable
Now, gentlemen, if you trek the killing and elsaVf
Harrington brought home to Use primer, dad bins
If ou, gentlemen, thick the prisoner did not, tbai
Polioni did it, acquit him. If you do sot know which of
the two did it, set upon that also.
The jury, alter an abeam of se hour, rotator a verdict
at Gritty, sooompanymg it with a neemalendatim to
mercy on the armed of the proves:slim the Willollet re-
ceived, and also of the injuries which bad Mee inflicted
upon his brother.
Mr. Justice Byles said be would set to some extent Pam
that recommendation, but the use of the kaife most be dis-

°scraped. The sadism wu that the primer be kept is
petal ser►itade for the tens el Su puss.