The Express.
London, England, 1851-04-02 00:00:00

THE EXPRESS, WEDNESDAY EVENING, APRIL 2, 1851.

for the young lady to be received u a boarder at all. Ile
said that applican ii was made that she should he received
as a poatulant. He said he had an objection to that, that he
did nut think her qualified fur it, but that if the lady abbess
thought fit to receive her he would not object, and accord-
Maly she was reedited. litre was an application to be re-
canal as a boarder, and a reference to the ecclenastical see
fur a dispensation for an old standing rule of the convent,
which did not permit the reception of boarders. Ile (the
Lord Chancellor) was not acquainted with the degree of
authority and control which the ecclesiastical superior excl.-
died over the convent, bat if it were necessary that applica-
tion should be made to him to receive the ward, either as
postulant ur boarder, it had struck him as .taaular that the
lady ahbes" should receive her, contrary to the rule of the con-
vent. without having some more distinct authority. What dos
cument could she produce otherwise for the satisfaction of the
superior, after having received • person within ita walls
without distinct authority ? Ile could not h. 1p reckoning
It eartain that the lade althea, must have had some better
means of informing tlia court how she came to receive, con-
trary to the rules of the convent, the young lady under such
eircinuatancon and that he had not had the who.e of the in•
formation she could afford him that the superior, Dr. Hen-
dren, gas, permission thatPhe lady should lie so received. Ile
thought also he hail a right to ask that Dr. Doyle, the guar-
dian, should give snme information 1151 to the torcumstances
wider which the young lady had been received into the con
vent. Dr. Doyle and that Lord Shrewsbure• informed him
that the vaunt( holy had been received as a hoarder, and he
dal not ei.nbt in the hoist that gentleman's word, to whom,
though lie had been attacked, nobody could impute had
:waives, or a.otrt that he had unfaithfully or delibe-
rately omitted to take any course which the interests
of hi. ward required. fhe bar had one and all
agreed, as he could not have failed to expect, as
to the al ry high contempt of the authority of that court
which would be committed by allots ing a ward of it either to
became a postulant, or to take any other step calculated to
bind his after life. Eser since the statutes of Westminater,
it had been a very. high uhf nee to make a ward of that court
take the veil, punishable by heavy fi•rfeiture and imprison-
ment. If to bring about a contract of marriage without the
approbation of the court was a contempt, he should say a
fortiori that inducing persons to devote themselves to a re-
ligious life was a contempt, because marriage might be con-
, eistent with persona flaunting their ordinary condition in life,
laccording to their einninstances ; but to imbue a person
not arrirs.l at the age of maturity to bind it, after life, by
some infiseneeof &direct or indirect nature, wa.die thought, I
a murk greater contempt, and he should have no hesitation, t
and would feel himaelt hound by duty to commit parties who
made themselves micceenry to such a tranaactinn, be they
priest., governesses, or anybody else. It wool.' he, he ap-
prehended. the grentist imustice to deprive the children of
their Roman catholic fellow•subjects of the pre aectiou of
that court equally with the children of protestants. If
the religion, eentimeutt of children were to be interfered
with, the effect must be to de live them of the protection of
that court, as parents would shrink, no tic greatest evil,
(Mon having their children placed under its jurisdiction.
What oral er, then, should he make ? The prayer was, that Mr.
Berkeley might have ace...•• to the infant when he wished, anal
that D r. lam( e might be sus/N.lllllNi from the otfice of guardian,
1 and that hfr. Becaeley might have his cost.. Looking at the
pm tition of Mr. Berk. ice, and the answer" it had received,
be f. le bound to say that there was no es idence to support
it, that it contained mutter strongly reflecting upon other
persona, which was. lie was satisfied, on! deed: lint he
repeated that it had luau the means of wintering a worthy
service to the court and to the ward. lie then :''.re did nut
think he moan to make Me. Berkeley pay the costa, h:
has ing elicits il un inquiry which hail Man attended with
such Val :Jerald.. la 111 fit. Ile only regretted that the ease
had been enia.nilwred with much that (lid not belong to it,
and he thought he ought to allow Mr. Bench y his coats.
With rs.peet to the prayer that Mr. Berkeley might give
hi, assist:Ml, in pT04111.11;;!1g the order, he (the lead Chun-
eap...a; .10: hot or any necessity for that ; Mr. 11. rkeleya.
aitoat ion and choreal. r did not present him is. a gentleman
poswasineany pc. aliim knowledge tending to point him out as
one esperially fitted to give twist:ince ; and he thought that,
all." :Ai that hail ;aimed, to grant 1114 prayer might lead to
a eon, -t :Is to VP. 001,e Si l,ieh a nul,l not t. ad to benefit
of Ow w irk 11.. 1141 I.OS think, therelore, that Mr. Berkeley
should Ise allowed to assist in the pnee ention of the order.
Ile n'ul'l rely. he tit...might, on the expectation that Dr.
Doyle was not likely to present any scheme inconsistent with
the benefir of the ward. 'I be ward having the prat. etion of
time alaat• •' OEI h' himself (the Lord Chattel lbw) paaasing
sittfieient Lilowledge of the ease to he able to exercise his
judgment UllOll COS diaposition of the infant, even a ithont
the 11Ssi.t inc.' of Mr. lis rkelev, he hoped that such arrange-
•m. ntantialtt hbe e made a- would conducive to her a Ivaittago
" and happinesa. With taste la to the point of allowitia access,
Miss 'I ailmt was herself capable of judging who was agree-
able or otherwise. Ile did not nor know that he could is-ae any
particular in .trum•thons with reaped to Mr. Berkeley than as a
fa ramin takiw.: an interest in her welfare, and he must be
gabled as ti. allowing access or not by her own iodination.
• he would be in a situation, he hoped, as much removi .I
from all collateral influence as possible. It would be well
I that all parths sllOUlsi forget much of what had pas„ 1, and
I he disposal 0. view each other with lea, strong feeling, than
1 thus' 'this-It for the moment prevailed. The cam would go
1 to th.• Master upon the hornier order, to frame a scheme
6.r the care ••1 the young lady. Dr. IMele was entitled to
his mot.. Ile (odd burilly call *won NB-. Be-rkeley to pay
them. Mr. Berkeley', coma bring to be paid nut of the
ishae, ie therefore would Is• Br. Doyle's, the infant pay-
' inert the eeta for the benefit she had derived from that part
of tie .0.n...i0n.
Mr. Ron - -The costs will not he of great amount.
The Lord (Tame, ::..r—Thert for.• lie. 11..y1e will pnweed
under the ei.l• rle thee the duster. The cam, no doubt,
will come hael. ag 4111 011 the report.
Mr. It.mlt—Perlem:s your hardship will let me imaged
that there -Imola ire one .color gm hoth petitions ?
'rho Leer.'. Ch eteellur-1 thick this petition must he ilia-
miastil.
Mr. 'ton—That is what I was going to mention. It
would be singular to nuke an order dismissing his peti-
tion will giv tot him the taste of it. 'llierefore,
I would anagesa that there should he' one order on both pe- I
times. Dismiss Mr. Berkeley's petition, and order tied on
our petition. the costs of both petitions should he paid to
hon. 'I here sal% bM• a reference to the Master to approve
of a wheme for the ear not management of the young holy
during her minority. and the costa of Lord and Lady
shrewslntry and other parties out of the estate.
I'M solmeitor-General. —The coats on both petitions out
of the estate ?
Mr. Hon.—There will he no order at all for Mr. Delilah v
SO attend before the Neater, or fur access. The costa will
le• sere small.
The I.ord Chancellor.—A. I acid before, the order 111:1y
TA seem elute consistent with the various views of tie
new, but it is the hest and most just that 1 can frame to
my eft with a view to all parties.

ASSIZE INTELLIGENCE.

cerned was is the eye of the law, and also according to
common 'sense and reason, equally guilty. It was a most
painful duty to have to pan sentence of death upon two
young men like them, and to adjudge them to suffer in the
prime of life an ignominious death, but the nature of the
crime of which they had been convicted rendered it intpera-
tie e upon him to ,lo Their crime was of thentost dreadful
character. They had attacked in the dead o' the night the
house of an anal:Tending man, and not content with plun-
dering him of his property, they had not scrupled to destroy
his life when he attempted to resist them in their unlawful
object. The story told by their accomplice had been con-
firmed in many essential particulars; and although it was
possible that the death of the deceased was not the result of ,
au act committed by either of them, and that it was not I
their band that fired the fatal shot, yet they were legally
and properly convicted of the crime of wilful murder, and
he trusted that their fate would be a warning to others, and
that it would be felt how dangerous it was for persons to I
combine together for illegal objecte of this description, and
the heavy responsibility they incurred by so doing, and
that it would have the edect of ',pressing such lawless out-
rages for the future. The learned judge then pronounced
sentence of death upon the prisoners in the usual form.
After the two prisoners upon whom sentence had been
pasecd had been removed, ...neural Ilartcood was arraigned
upon the charge of burglariously breaking and entering
the dwelling-house of the deceased gentleman, but no evi-
dence being offered on behalf of the prosecution, the learned
judge directed the jury to return a verdict of Not Guilty.
lie was taken into custody, upon his leaving the court,
he Mr. Morton, the superintendent of pollee ct Tunbridge
*'ells, upon a charge of being concerned in another bur-
, glary in Sussex.
The approver, Hiram Smith, was ordered to be detained
in custody until her Majesty's pleasure should be made
; known respecting him.

OXFORD CIRCUIT.--OLorcEsTER, APRIL 1.
"heroes 11.. liwrica TALI ran.
Tnx CHIPPING-SOD/IVRY POISONING CASE.
After the trial of ten or three uninteresting eases of lar-
ceny, this ease, which had been privately excel on the pre-
vious, night for trial this day, was called on. The prieener,
who is deeeribed in the calendar as 26 years of age, having
been arraigned, pleaded in a firm voice " Not guilty." The
indictment eherged hint with huving, on the 1 lth of
February, 1841, feloniously mingled with some broth a
quantity of a certain deadly poison called white arsenic,
and with having administered such broth to Jane Hathway,
his wife. A second count charged" the prisoner with admi-
nistering the poison without its being mixed with the
broth. He was also charged on the coroner's inquest with
murder.
Mr. Herapath, the analytical chemist ref Brieml, proved
the presence of arsenic in the stomach and intestines of the
deceased, which he had received from Mr. Atkinson, sur-
geon. The fluid contained in the stomach he analysed, and
extracted eau grains of arsenic. Mr. Herapath produced,
in small phials, the results of the different experamrnts to
which he had subjected the contents of the stomach. lie
had uteri subjected the sulietance of the stomach itself to
analysis, and teat probe d arsenic, which eatiefartorile
proved that the poison hal been absorbed into SII^ eystew.
He had subjected the stomach to five different experiments,
the result twine in each the oroductien of white arsenic.
From the inflamed state of the intestines and rectum, he
could have no doubt that the arsenic had been the cause of
death. In answer to quest' by Mr. Pigott as to the
quantity of arsenic which would destroy life, Ito said that
the smallest reworded quantity which had caused death wax
from three to fbur grains; but he believed that a smaller
quantity than that would produce a fatal effect. Arsenic
was of a burning quality, and showed symptoms of its ad-
ministration at different intervals front the period when it
was taken into the body, Taming from five minutes up-
wards. Ile had not himself known the symptoms to have
been endevelopid for so long as two clays after the poison
hod been taken. A number of articles found in the
!tonic of the prisoner after his wife'. death—sugar, arrow-
root, gin:ter, rhubarb, groat., gruel, &a., hurl hewn banded
to him for analysation, but he found nothing deliterious in
them. In a saucepan which had been handed to bindle
had, by evaporation and an: lyst.of what adhered to the sidle
of the vessel, deteetedkuinute but decided and unmistake-
able traces of arsenic. There were also detected in the
saucepan traces of onion.
A man named Cottrill was examined to prove that nn the
31st January he saw the prisoner pa-sing along a public
roof in the direct' of Frampton Conerell, when' it was
said the prisoner had un ttaat day purchased arsenic at a
grodier's shop.
Capt. Bath aim proved that on the same day the prisoner
callea at hie house, which is about half a mile from Framp-
ton Cotterell.
Charles Wall, shnpman to Mr. Moreton, of Frampton
Cotterell, deposed that on the last day of January a man
tame to his shop to purchase arse nice He said la,. wanted a
small quantity, and inquired how it was sold. Witness re-
plied, "Twopence an ounce." The party then said, " l'U
take half an ounce," and witness fetched the drawer and
placed it on the counter before him, nt the same time look-
ing him in the face. The party then said he need nut be
afraid to let him have it, as it was for Mr. Watt., of
Winterbourne, to poison some rats. Believed prisoner was
the man, but could not actually swear to him. It was usual
to enter all make of peison in a book kept for the purpose ;
lint in this cam• it was omitted, the book having been lost.
It had since been feud, and he now pmdtteed it in mat.
There were four person, —menden, of Mr. Moreton's
family—who occasionally nerved in the shop. The younger
brunches--a son and daughter of ?dr. Moreton, aged I 6 and
ll would not sell poieon without a win', ss to the sale.
Me,. Ellis deposes l that on the last day of January, shortly
after our o'clock she was teding into •Mr. *she ton's shop, ore
where she met the prisoner coming out.
She afterwards
went to a Mrs. Urigge'e Isar-shop, about a quarter of a
mile from Moreton's, anit there saw the prisoner again.
Mrs. Beige., leer-house keeper, of Frampton Cotterell,
remembered tile prisoner coming to her louse on the last
day of January.
Mrs. Marshall. a neighbour of the prisoner, remembered
Caroline Carey living in the service of the primer. She
left his service about 16 months ago, and was then in the
family way. Had frequently seen the prisoner go to Cm y's
house since. She lived at •Mrs. Harrie's cottage, and wt-
mss had WI/ him nursing her child, itay;ng to it some-
times, "Come to your father, my dear." Had also seen
the girl Carey go to the prisoner's house—most frequently
these visits were paid at night, after Mee. Hathwey had '
gone to lied. Had seen the prisoner walking and joking
with Carey.
'This concluded the case for the prosecution.
Mr. Scejeant Allen then addreesed the jury on behalf of
the prisoner, contending that, although the case was one
which involved the prisoner in some suspicion, the evidence
was entirely circumstantial, and the chain broken in many
of its links.
The jury returned a verdict of Not Guilty. The trial
occupied nearly eleven hours.

begged to say that, if he bad been guilty of any offence, it
WAS from an error in judgment, and not one of design or
intention, and he therefore hoped that his worship would
take the facts into his consideration.
Mr. Elliott observed that he was most anxious to take
into consideration every favourable circumstance ; but feel-
ing thoroughly satisfied that he hud acted improperly, it
was his (Mr. Elliott's) duty to express his opinion, whatever
the consequences might be.
Morton mid that the female who had been insulted by
the complainants against him was in attendance, and he
wished her heard.
Mr. Elliott did not see that her statement had anything
to do with the matter under consideration, but at the same
time he had no objection to hear what she had to say.
The female alluded to here stated that on the night in
gueatiou one of three drunken persons who were standing
outside a beer-shop pushed ruddy against her, and she com-
plained to a constable and sergeant about it. It is not a
little curious that the constable and sergeant in their evi-
dence did not venture to say that the female had complained
to them ; on the contrary, it was admitted by both parties
that she had gone away before the sergeant anti constable
came up.
Mr. Itobinson handed to the magistrate a list of the pre-
ViOUS reports against Morton, and observed that he was
sorry he could not exonerate the sergeant front very con-
eideruble blame, for he could not plead the excuse of
excitement from what had taken plat* before the parties
had arrived at the station-house, and it was his fault that
the matter did not end there.
Mr. Elliott considered that the defendant's conduct
highly improper in not setting the court right when the
case was first brought there, on the important point that a
different charge had been made by the sergeant and eon-
stable in the first instance on the sheet. Instead of doing
so, he merely corroborated the statement of the witnesses
as to the prisoner being drunk, a charge that had been
wholly disproved. The conduct of the defendant in calling
a person who had conic to speak in behalf of the 'prisoner
a liar, and threatening to kick him out of the station-house
unless he went out, was also highly improper. The charge
against the parties accused was ono upon which they should
not have been locked up, and under all the circumstances,
and feeling that the defkitihmt had s iolidell his duty, he
(Mr. Elliott) felt bound to mark his ,en,ie of his conduct by
coavicting him in a penalty of 20e., or twenty days'
imprisonment.
'the penalty was at once paid.