The Express.
London, England, 1849-03-05 00:00:00

iLatv Intentgence.

EQUITY COURTS. —BATURDLT.
Before the tend Chassellor.
IN TEI 31.1171 Of DYCZ 801111R1 IN LUNACY.
The arguments in this ease were resumed, but the further
hearing of the ease was postponed to Wednesday.

BON tb• Ilms.Chmedior of
ORIBIWOOD O. Jrsrrcl.—SLLl or ItirWAT SHARIIB

—STOCK EXCHAIOR TRANSACTIONS.
The plaintiff in this suit was a stock and share jobber on
the London Steele Exchange. The defendant Walter Jus-
tice, was the brother and sole executor of Thomas Francis
Justice, deceased, who was a solicitor in Bernersotreet. The
facts of the ease appeared to be these. On the 30th of
October 1845, Thomas Justice, through his brokers, Messrs.
Sims and Bill, purchased of AS plaintiff fifty shares In the
Orford, Worcester, and Wolverhampton Railway,
at 101.10 s. per share. At the time of the bargain there was
only the &peat of 21. 10s. per share paid, and they were
therefore bought at 84. per share: premium,
and they were bought expressly without the call
of 101. per share which had then been made.
On the 10th of November the plaintiff delivered to Mum.
Sims and Hill thirty-five certificates for shares in the rail-
way, made out in the plaintiff's own name, with a deed of
transfer executed by him, and also fifteen certificated for
shares made cut In another name, the calls upon which had
been paid. The transfers and certificates not having been
delivered till the day on which the 101. call became due,
Justice was unable to register the certificates without paving
that call. Mr. Justice thin sold the fifteen shares, but wrote
to his brokers, stating that as the calls had been paid upon
them, they would not suit his purpose, and fifteen other
shares were then offered to him. The purchase
money upon the thirty-five shares was paid, but
they were not registered in Ws. Jastice's name,
' and consequently the owner of the shares in whose name
they remained upon the books of the company was obliged
to pay the calls upon them. This bill was filed egaWt
the representative of Mr. Justice, for the purpose of
compelling specific performance of the contract, and for the
payment et 3811., the amount which had been paid up upon
the calls. For the defendant it wu contended that the con-
tract for the fifty shares was entire and indivisible contract,
that therefore, the plaintiff having no title as to the fifteen
shares, there was a failure of consideration as to the whole
that as the certificates for the shares had not been delivered
previously to the call being made, Mr. Justice had been
unable to obtain their rseristratiern in his name ; that u the
calls due at the time of the transfer had not been paid, the
transaction could not, under the provisions of the general
railway act, be legally completed.
Mr. Stuart and Mr. Stevens appeared for the plaintiff; and
Mr. Bothell and Mr. Hetherington for the defendants.
The Via-Ohancellor said it seemed to him to be perfectly
equitable that if there were a contract for fifty shares, and
it was only part performed as to fifteen, such a contract
should not be enforced ; but it appeared that there had been
an offer made to Mr. lust'ca that, if he disliked the fifteen I
shares upon which calls had been made, he should have
other shares, which he refused. Under theme circumstances
it was right that the relief asked by the bill should be
greeted as far ea it was practicable, and there must be a de-
cree for an account of the calls paid on the thirty-five
shares. The effect of this decree would be, that the transfer
of shame, when the calls were not paid, would not be

ASSIZE INTELLIGENCE.
OXFORD ClRClTlT.—Oiroan,Lion 3.
Rehm Mr. Barge Rolfe.
DESPERATZ BL•aot.AEY AT FINIIIRE.
Joseph Burwell and JoMe Marriott were charged with
breaking into the dwelling. house of Mr. George French, of
Finnan, and stealing therefrom $ sovereigns 11,All bank notes
to the value of VOL _

The prosecutor is a farmer, living in a lone house at Fin-
mere, in Oxfordshire, with a housekeeper and a boy. On
the night of the 20th of Nov. last, they retired to rest be-
tween 12 and 1, and had not been all ep long before the pro-
secutor was awoke by footsteps outside his room, and shortly
after two men entered, one carrying a candle and the
other agun; they demanded his money, and he gave them
all he had in his pockets, which consisted of three or foar
sovereigns and some silver. They pointed to a chest if
drawers, and finding one locked, inquired for the
key, and on his telling them he had not got
it. one of the prisoners took a hammer and
chisel out of his palest and broke it open, and took the con-
tents, consisting of 401. in notes. The prisoner then went
to the housekeeper's room and demanded her money, which
she gave them. They then left her room and returned to
the prosecutor's, and inquired where he kept his silver, upon
which he replied that they had got quite enough, nd he
should not tell them. They then returned to the house-
keeper's room and asked the same question, but as they
mull get no Informslion, they left the house. A reward of
1501. was offered by the government and an emaciation for
the discovery of the burglars and throttA the exertions of
an enterprising constable, George Morgan, of Steeple Aston,
the prisoners were taken into custody, and clearly identified
by the prosecutor and his housekeeper as the persons who
committed the burglary.
Mr. Williams defendedthe prisoners, and contended that
the charge rested entirely on the question of identity, which
was not sufficiently blistied to justify them in convicting
the prisoners.
The learned Judge summed up with great perspicuity, and
pointed out the material parts of the evidence which affected
the prisoners or told in their favour, leaving the jury to
draw their own conclusions.

:Prsnt;;;Cea---1;oth the prisoners Guilty,. upon
which tfie judge sentenced each of them to transportation for
20 years.

NORFOLK ClRCUlT.—ArLnenunr, 'lsnot 3.
The commission was opened :here to-day by the Lord
Chief Baron. Among the cases in the calendar there are
one or two which, it is anticipated, will create considerable
interest, from the position of the parties rather than the ex-
tent of the crimes charged upon them. It is understood
hers that indictments have been filed to recover church
rates, the churchwardens taking this somewhat unusual
course In order to intimidate a large body of dissenters,
whose opposition to such payments has barons very formid-
able. Mr. Baron Rolfe presides at the NW Prins Court.
It is stated that the &Gate cost, with which the name of
the Duke of Backlashes is esodated, will also be contested
as s trim. con. action, before Mr. Baron Rollo, but we cans
not speak positively at present.
WESTRILN ClRCUlT.—Wnrczasna, ll.sacu 3.
Mr rairm—ilehre the lord Citilei firths.
Boman V. PADWICK.
rtwilaz
alow
This was ata atie oatmeal with the cause,
ffedwiek e. • Clieneellor on
Wetland% _ Is. Om tiffs ins ine Iles wok on actin
at law ht a Mull saniment, es , • most
baba es kir meow dooms hid at 3,0001., tor ma
sikrWs& MOW.
_ _Aka die ore. The plaintiff, a solicitor of
kleiNst bad - Ira *0 Medant tor a in.., for 96

years of the premien and of the ferry, and on the faith of
that agreement bad entailed divers expenses in the survey-
ing o. the laud, an attempt to f •rm a company to carry im-
provements into erect, by the construction of a floating
bridge from Hayling Island to Cumb eland Point, in the
island of Parties, witch it appeared they would have
no power to do, Cumberland Point and the Porten
shore being the property of the Board of Ordnance.
It had also been diseovered that defendant had agreed to
grant a mortgage when the legal right was not vested in him,
but in mortga,gesis under a marrUge settlement, and that
the defendant had not only failed to perform that which he
had contracted to do, but had not the power of doing it.
The learned gentlemen having made his statement, his lord-
ship said he thought the matter was a fit subject for a special
case in which the counsel on both sides concurred, and a
nomi*
nal verdict was taken for the plaintiff, and the amount
of damages, if any, reserved to the court above.

Czows bovar.—Before Yr. Justice Winisaas.
INSANITY AND CNILD MURDER.

Ann Beveridge em^d 40 wu charred with the wilful
. •
muruer os names iieverluge, her infant son, by strangling it
at Perinea, on the 28th 'enmity. The prisoner was tried
for a similar offence at these emus In 1847, and acquitted on
the ground of insanity, and after being detained in gaol a
little more than a year, was discharged, se having fully re-
covered her senses.

W. Cox, a policeman, stated that, on the 26th of January,
the prisoner came to the station, and said she bad strangled
another child, a boy,of five years of %le. Pria user was de-
tained. She appeared much excited, but wan not in tears.
William Idanabridge went to the house when she lodged;
found there her husband, and • child in the bed; it was
dead. Around its neck were two pieces of calico, tied very
tightly. He immediately sent for a surgeon.
E. Hutton Smith, a surgeon, saw the child about half en
hour later. Around its neck was • ligature, and upon a
post. ',torten examination death was occasioned by suffoca-
tion. He had sons years ago attended her at child-birth ;
on one occasion she had an attack of puerperal fever and
mania, end, en • second occasion, a still more severe attack
of the same malady, the effects of which were likely to show
themselves at different periods of after-life, to the return of
which she would be always liable.
Elizabeth Fryer stated that the prisoner and her husband
bad lodged at her house for the period of ten months.
Their family consisted of two children, a girl oat in service
and the deceased. The prisoner was a very good, kind, and
attentive mother, and seemed particularly toad of her children.
During the two months previous to her killing the child she
seemed very wild, aad was excited, and witness had named
to her husband what she feared would happen, that the
prisoner would destroy her child. She had been labouring
under great excitement arising from domestic matters.
The learnsd Andre summed, up and the jury returned a
verdict of acqusttal on the ground of insanity.
The woman seemed entirely overpowered during the
whole of the trial, and did not once raise her head, resting
It the whole time on the back of the chair with which she
was accommodated.

CENTRAL CRIMINAL COURT.
OLD COURT.--B•7I7RDAT.
Before Mr. la,stioe CMS% ell.
FRAUD ON • LOAN BO UNTY.
_ _

E. Painter, 27iict.r. Eksrii,44,,Witre indicted for filo-
niously forging and uttering an acceptance to a bill of ex-
change for 61. 51., with intent to defraud Titus Tuck and
others.

The prosecutor wu the trustee of the Beehive Loan
Society, ' and an application was made to the society by
Painter for a loan of 61. 61., in the name of Henry Francis,
a person in the service of Sir H. Mu:, Painter representing
himself to be that person. It appeared that he gave the
true residence of Francis, and proposed the other prisoner
Davis es hie Barely. The secretary of the company made
the usual inquiries, and no suspicion being entertained, the
money was eventually advanced, the prisoner Painter sign-
ing the name of Francis to the promissory note given on
such transactions. It turned out, of course, that the whole
proceeding was a fraud upon the society, but the wife of
Francis, who was called as a witness for the prisoners ad-
mitted that she bad int.( If applied to the prisoner to ;at u
described, and they had done so at her instigation to get
her some money without the knowledge of her husband.
The jury found the prisoners Gasify, but recommended
them to mercy, on account of the peculiar circumstances of
the case.

Justin Creswell sentenced Davis, who appeared to
have been the principal actor in the transaction, to be im-
prisoned for nine, and Painter to six months' imprisonment
and hard labour.

liIIZGLART WITHVIOLINCS,

W. COMM, 24, G. Digby, 20, and F. Pike, 18, were
e with burglary in the dwelling-house-houseof J. Waller ;
the dietatent also alleging that, at the time of the offenca,
they cut and wounded the prosecutor.
The fade of the cue ham appeared within the last few
days in the polio* report'.
The jury returned a verdict of Guilty against all the
prim:men. His lordship, taking into consideration the vio-
lent character of the offence they had committed, felt
bound to inform them that they most expect to leave this
country for the remainder of their lives.

POST OFFICE ROMMEL
- - •

B. Broome and J. Witham, the two Post-office letter-ear-
riers who were convicted in the early part of the session of
stealing letters, were brought up for judgment, and Broome,
who has been fourteen years in the Poet-office, and who
received a very. good searseter and was recommended to
mercy by the jury, was inatenced to be transported for wen,
and the other for ten yens.