The Express.
London, England, 1851-03-10 00:00:00

Zaku Intelligente.

EQUITY comas.—SArrnnAy.
Heron Viei-Csourcese.um Kinewr Baum.

ATTORNEY-GENERAL r. LI/RD CARRING-T-0-?;.--IIUMBER•

?STONE FREE

The Vire-Chanta4lOriav;juslime7itin this case, which
was heard in private in February last.
Ills Honour said the petition of which he had now
to dispose had been before him on two occariertA, once in
last May and again in February last, on which latter occa-
sion the hearing was desires! to be in private. This was
acceded to. When, however, the petitioner's counsel had
been heard, it struck his Honour as possible the reply and
the judgment might unobjectionably he in open court, and ho
made a communication to the bar upon it accordingly; in an-
swer to which it was stated by the counsel on each aide that
they desired the reply to be heard in private, but with respect
to the judgment they said they had no wish upon the sub-
ject, and they lett it entirely to his Honour. Acting on this,
it has seemed to him that the reasons in favour of
the delivery of the judgment in open court pre-
ponderated. The petition was in a case relating to a
charitable foundation in Lincolnshire, and to a school which
had been established in Humberstone, for the benefit of
that and other parishes in the neighbourhood. The head
mastership of the school was the matter in contest. The peti-
tion was presented by the Rev. Charles Wildbore then, and
now, vicar of Ilumberstone, and it prayed as follows :
" That it may be declared that the said alleged election of
the said George Edwin Pattenden, as head minder of the
said school was, and is, invalid, and that the said George
Edwin Pattenslen was not duirelected to, and is not
head master of the said school, wad that your petitioner, as
vicar of the parish of Humberstone for the time being, is
entitled to have and enjoy the office of head master of the
said school, and to receive and enjoy the salary, profit, and
emoluments thereof; and that the trusters of the said
charity may he ordered and directed to admit your peti-
tioner to the said office, and to allow him to perform tho
duties thereof, and to receive and enjoy the salary, profit's,
and emoluments thereof, as front the said tssth day
October, 1819, the day on which your petitioner was in-
ducted into the said vintners," Various affidavits, (more
than 30) having been filed against and in support of the
petition, the court, (in May last) after argument, made this
order: and the petitioner, and the resiamiletits, by their coun-
sel, waiving the question whether if the relief prayed Is, the
petitioner is wholly or in part within the nolitable juris-
diction of the Court of Chancery it is properly sought by
the present petition or in the present fonn, and consenting
to the exercise by the Court ssf Chancery, noon the petition,
of such jurisdiction (if any) as upon an information and
bill, by the petit' co as the relator and plaintiff, brought
regularly to a hearing, against the reapnslents, with such
filets proved as are established by the affidavits now before
the court, it could exercise. This court sloth declare that
the Itev. George Edwin Pattenden iu the petition named
was not duly appointed, and is not now of nght the head
master upon the charitable foundations in the peti-
tion mentioned, and is not now rightly in the posses-
sion or enjoyment of the school-house belonging thereto,
or of the income or emoluments belonging to such office,
and, it being alleged by the counsel of the respondents,
Itichard Thorold, Edward Iteginalil Maiden, Thomas Hilt
Barnett, John Frclie, Jonathan Field, and li.latund
Smith (being a majority of the existing trustees site the said
charity, in the petition respectively named), on the part of
such six trustees, that, in the judgment and iminion of ouch
six trustees, the petitioner is not a fit person to perform the
duties or to held the office of head-master upon the foun-
dation of the said charity, and ought not under any cir-
cumstances to hold ouch office, it is ordered that the said
petition (in all respects save as anima:aid) do stand over
until the day after the first seal after this term, when the
respondents, or any of them, are to be at liberty to show
cause, if they can, to this court, why the iselltismer the
present vicar of Ilumberstone 'should not hold the stiles of
head muster, and be allowed to receive the profit., and
emoluments thereto belonging. It was to be observed
that six only of the trustees of the charity were mentioned
in the order as alleging the unfitness of 'Mr. Wiltlbore for
the office of head master. Besides these six, it hail been
represented and agreed on both sides, at present, there
were substantially (however the form might he) hut three
trustees ; namely the Bishop of Lincoln, Lord Carrington,
and one of Lord Carrington's tenants, Mr. Bee. The two
latter had taken and still took part with Mr. Wild-
bore against the first six. The bishop appeared by
the same solicitor and counsel as the six persons
who dissented from Lord Carrington; but what esaetly
had been and were the right rev. prelate's views of the
controversy (either as it stood before, or as it had stood
since the order of May last), his Honour was not perfietly
clear. Probably his lordship was in favour, substantially
as well as formally, of supporting Mr. Pattentlen's election
until a judiend declaration should be mule of its invalidity,
and had mince been (if not in his intention., substuntially
neutral), at least not intentionally a moister oppnent, de-
cidedly not a keen accuser, of Mr. Wilslbeire. His Honour
could not suppose that the right rev. prelate ie:oo aware
of all or even of much of the doings in connexion with the
present case, which had been disquieting—it might be
utmost said demoralising—some portion of his diocese since
May last. It seemed likely that from sonic quarters tam-
mastication must have been made to him before and since
that month, which would have induced his lisrtlship to be-
lieve that as to Mr. Wildlore's Mutes or unfitness there
was a case not improper to be tried, and that his lordship
was willing to place the use of his name in the hands of the
clerical trustier, at least to the extent to which it had been
used under the present petition. This the right rev pre-
late might have been the more ready to do (rein the belief
that there was a friend and patron at lewd able and willing
to stand by Mr. Wildbore (a man himself messibly of
limited means), and to equalise the contending forces, se
that justice could scarcely be defeated. The question for
determination was whither, if Mr. Wildhore was not, he
ought to be, or, if he was, he ought to continue, head e1e..1-
ter of Humberstone School—a question as to which
the burden of proof was upon those who were opposed to
him, fur on every ground he was prima facie and presump-
tively right. It had been already decided that the Vicar of
liumberatone was entitled to be head muter of the school,
unisex a case of unfitness could be established against him
but independently of that consideration, it was a just and
necessary inference front the whole of the evidence in point
of learning, intelligence, temper, age, health, and strength,
he was a fit and competent person to hid the satire soul dish
charge its duties well. In point of orthodoxy, it was posed-
bly safe to say that having been collated to one living and
instituted to another, he had been for 24 years a licensed
curate in the diescese of that must honoured prelate con-
cerning whom his Honour had never heanl it suggested
that he did not understand his creed, or that he was ca-
pable of betraying his church. But neither as to orthodoxy
nor as to morals was there any substantive, definite, or in-
intelligible charge or imputation against Mr. Wildhore, ex-
cept what was contained in the accusation, which were
made by the six trustees, and on which they nand their
case of alleged disqualification. Supposing these assertion
to fail or to be frivolous, Mr. Wildbore must he taken to be a
moral and religious clergyman of the church, sound in doc-
trine and unexceptionable in practice. The necusations were
these :—first, it was said that he was a lies of bad repu-
tation ; secondly, that lie had irregularly and unnecessarily
allowed and encouraged the practice oflay haptiam; thirdly,
that he had enunciated unsound doctrines un the 'subject of
to a young woman now dead; fourthly, that
gees
ewas a drunkard, and had acted in a way
to occasion offence and scandal, and that being
likely to do so again, he was an improper
person to be entrusted with the education of youth ; and,
fifthly, that more than a quarter of a century ago an event,
which he did not cause, and for which be was not in any
manner responsible, or to be blamed, took place; and that
it ought to have influenced him some years lister, but that
it slid nut, and that it was an event by which Isis life was
said to be ovenihawdowed, or its usefulnees diminished.
These were grave charges, and would appear of an extra-
ordinary nature, on taking a particular review of the posi-
tions of the accusers and of the accused. And first, us to
the accused. Having been educated at Bettors! rind Rugby,
mMtisse,tNe‘ritr° Iluremm*cherirtotedue,
in
head master. Ile continued to hold that softie*, and perform
the duties satisfactorily and well until 18:91, when he re-
hl.B2ll,utrih,eherffixteere
hedge, orhet second
then
signed it, baying intermediately, in 1829, been onlumed,
and, in the same year, licensed by
Lincoln to the curacy of Wake, near Ilumberattine, a curacy
not perpetual but (be was ashamed of the phrasealt hough
it was English) stipendiary.. Ile was collated in 1832 to a
• vice at a very short distance fromthe present bishop of
Ilumlxas.tone, and
in 1843 he commenced taking private pupils which he did
not cease doing until December, 1848. Ile had married his
present wife in 1829, the year of his admission to tht:. minis-
try. During all this time, from 1824 to 1849, Mr. W ddboro
appeared to hare led au active, laborious, and useful, and
therefore probably happy life, fur in addition to the ushership
he had to perform the duties of Wake, until he was collated
to the other living which he held from 1834 to 1849, and
these duties he had performed efficiently and satitdactorily.
Nor were his private pupils, whilst he hod them, neglected.
Fur his preferment he had been indebted to the bishop who
gave him his living on public grounds, " omnia incrementa
sua sibi debuit." In 1849, however, the cloud arose. This
ill-starred gentleman who hitherto wax prosperous and happy
was patronised ; and lo! the result. Yet " patnsuistal" was
not the proper word ; for the living of Ilumberstone was tho
less valuable of the two in • pecuniary sense, but for the
adjunct—of the school. Then for the accusers.
They consisted of beneficed clergymen and men of
substance and fortune, most (if not all) of them
gentlemen of condition resident in the neighbour-
hood of Wake and Ilumberstone, and who, as he understood,
had been so resident fur years, and had had sufficient means
of observing and hearing of the conduct of Mr. Wildburc,
a clergyman against whom (it must be remembered) the
bishop had never taken nor directed any proceedings,
although in the case of a clergyman of the vicinity, charged
by his rural dean with drunkenness, it appeared that his
lordship was moved and did act. In point of probability
the singularities of the case in this respect almost balanced
each other. If it were asked how it could he believed that
a clergyman of the church of England, who, during the
interval from 11124 to 1849, held the office and station, and
performed the functions, which Mr. Waltham did in the
diocese, under the direct authority of melt a prelate as Dr.
Kaye, could be liable to have such things laid
i to his
charge, it might be quite as well inquired how t could
be credible that English clergymen and English lay gentle-
men should concur in casting such mortal imputimputations
against
a man of unpretending life, of unambitious toil, a
neighbour, a christian, a gentleman, a clergyman, without
some good foundation. The conflicting improbabilities
seemed to acute each other, if such an expression was
allowable. The ease was sad and startling either way. IS
might be possible to attribute to Mr. Wildlore's feelings, if
guilty, the predominance of sensual appetites 400 strong for
his redstance, and to a carelessness as to religion, Ca virtue"
and decency, clothed for a long time with successful hypo-
crisy under the disguise of a modest, laborious, and useful

life: but upon what theory could the court account
her the. ceneduct of the accuser', if he were
innocent It was due to each side to say that
if Mr. Wildtwere had been justly charged with •
melesimtical irregularities, with heterrodosy, or with drunk-
enness, his own hand had heaped coal. of fire on his head
by the meet shameless, profligate, and aleorninalle perjury;
and that if, on the contrary, he was a man lit to hold *a
Glee in question, some, at treat, of the six trustees bad
deposed in a manner, whether cautiously or incautiously,
which could not be observed without regret. The evidence
was volumiuoue. There were no lee than two hundred
affidavit., who+ wore made by owe hundred and forty wit-
nesses. The. w beards of depnuests were collected from all
etas. s and conditions—from the House of Lords to the
workhouse. The testifying multitude proceeded from .
t:ees awl farmer -from mansion houses and cottages—
susgeriee, menufectieria, and schools from
shops, stable*, stable-yards, and sculleries from
town and country. ft seemed to preserve
men. of all the businesses and all the idioms's., 0717.'fae.,
and to constitute a Lincolnshire vivarium of witnames:
and all about this question- who was to be the muter of •
alezderly onelowed s.-hool on the hanks of the number ?
The institutions of the kingdom had enable d this to be •
done, and justice must be aelministe red upon the evidence,
whith in Affm and sulistance node red the issue scarcely
less than one of ate Or dearth to one of the parties. After
seine through and minutely, examining the evidence, and
commenting upon it in detail. and on the character of the
witness., hi' Honour said that the result of the whole upon
his mind was (Jug, a, to the charge of ill reputation it was
clearly not prose el, and that Mr. Wildbae must he viewed
as a 181311 of good fans and repute ; that, as to the charge
of permitting lay baptism, hi. Honour thought that Mr.
Radian: had not auctioned it in any instance, except
when Weans.. or ur.f., icy rendered it aladutely necessary.
here', .e thought the. elate,• had wholly failed. AA to the
impotat ~,,, of heresy or he TTTOdOXV, there was a total alwence
of legal in id. nee. independently of the improbability of the
allegarions and of tire testimony to the contrary. The charr
of &on:armee, was rontralitted by the testimony of JO
witnewes. and upon a just estimate of the• whole evidence in
the ease. leis Howler's opinion was that this gentleman, or as
be might Ise properly railed this pe-rsecuted gentleman, bad
been wrongfully amused, and that on every charge he must
be pan oel man 4 nt. A. to the coniplaint with regard
to something that bad occurred a quarter of a century ago,
it was ita .• eats • that in the eireunetanee •of the ruse•
must he retarded as frivolous, and if frivolous, then it roust
reensiele reel, fare is nature, as something worse
and of the, conduct of the trustees in bringing it
forward, it was impossible to I apnea anything but thorough
disapproal. It had been intimated, in the tours of the
reply, that the sir trustees wen aunt unwilling to relinquish
their treat, ...hip. It appeased to his honour that the pro-
ms diners vela le had taken plate it the course of this de-
pitable. *Hark on the fame and fortunes of an innocent
man did not se am to render the continuance of those gen-
th.mtl, in the trust likely to be agreeable to themselves,
arceptelde to Lore) Carrington. 'leaving to Mr. Wildborc,
or, what was of more importance., beneficial to the charity.
His Hereon would, therefore, recommend their retirement,
but would louse it to themselves, making no order on that
subjet t. The test. ineorred roust have learn enormous, and
the question awe whether any part of them could be
throw!, upon the charity. His 1t0,,,,,, taught they could
and that he raved not allow the charity to mane by
thin dispute. The whole costa must le paid by the'
trustees, r ice pt as regarded those of Mr. Pattentlen
and of the bishop of Lincoln. Mr. l'uttendcn had
DU claim to costa, and with regard tee the bishop
it woad not le nee. weary or right to order him either
to pay or nor ise eats in thee cam. The order declared that
SUllitlent T:TU.S• had not been shown why Mr. Wildbore
shendel not hold the office of In ad master, sad directed
pasessioes to be delivered to him, and payment of teats by
the triutets.

Taman Loan CRAN•101111, ,Ire.en.se-rt.tmt.
METAIRIE. e. WISEMAN ANT) OTHERS.
Mr. Beth.,ll continued the opening of this case. He
Mid he hied in the emir.• of his norument yeetervlay identified
the priest Willi tie- charity, and the pill st was identified
with his church, and it was important that this point
ghoul,' be smiler,' more apparent. Ile had now
to call the attentioo of the court to an important clause
in the decd. w linli .... vidi d for the itaresion of trustees
aft. r the r. tirement of Coolse. After ('mike's retirement,
it appeared the trust was to he deposited in the hande of
IKTll,i:l4til,ribm, The chum penciled that every future
trustee should a bishop or clergyman of the Roman ca-
tholic church. Let us IPA hear, they. fore, of a nominal dis-
tinction between a gill to a charity and a gift to a prio.t. In
ear chun:li such a distinction might exist, hut in the lioman
embolic church it was impossible. Ile had also pointed his
lordship's attention yesterday to the tow of other countries
on the iuloWet of such death-heel gifts. He now referred
mow partimilarly to the Code Napoleon. honk iii., chapter
2, article 90,0, where was to be found a epecitic law on the
subject. .anil the ohl French law before the code was to the
maim effect, as appeared from Merlin's Itepertoire. Aral
p. 413. In the Scotch law, the ride of death-beil, so
it was called, wae well known; and the Yemen for the
law we,. well ClPTCaarli in Lord Stair's institutes, tad
p. bet, Ilowlie's edition, in these words—. The reason
of lila custom may he conieetunal not only from the nature
of feudal right. and dispoeuhle by tvaiiment, but only by
investiture, hut alm for public utility ; heratow persons on
death-tad see weak, the mind being easily affected with the
tenable of the teele, ri .5 easy to he wrought upon by in4i-
stiatione oar importunities to do deeds contrary to their in-
terra and former nsolutions, especially by the Popish elergy,
who haring. for their rival corrupt ends, forged purgatory
and prayers for Om dead. the power of indulgence and par-
don of eons, therebv deceive the Christian world, and
obtained upon the loath-lost large donations to their
clergy, who h, therefore. our ancient custom bath wisely
provided amulet." And the aame doctrine was to be
found in Van Lewen's Commetitarie+; and there wag
still greater reason in this country in the present times
to he earl and sixorinie in the application at those prin-
ciples whielt guarded the inviebni of the death-had by
spiritual inthietwes. The learn.ed counsel next referred
to the pairy id our own Mortmain Act, 9 Geo. 11., and
quoted Lard Haan', commentary on the spirit of that
art. which, while it gore validity to deeds for founding
charities, car voted and enrolled twelve mmths before the
death a the miser, expowsly probilvited the introduction
into sorb ibid. of a power of revocation. The power, it
was manifest, might he accempasied with such restrictions
am to bee mow. in truth. nasality to the charity. If a man
were male aware that his gift would he &Isolate and ire,
yoreatile, he would 'brashly he more cautions and
in making it. But if he were to be told that he mMre-
Yoke the deed at any time he might ield to present ha-
Ihsetwes that otherwise would not hare prevailed. The
rower, it am consieleeml, might he reiranled es lau
llathirgla•nt to make the irrant ; and that was the very awn-
WA, which wa• Moral with this old man. He was Will by
the prima, "%'.O had better settle now." lie was told by
" Ym. can revoke it henafter, if you plearc." The
power to mails.• it was a delusion and a maw. The learned
emorel then pronsaleal to wad the TWM•lailta affidavits.
The aid-mita of Mine Clarke and mimeo added nothing
to the enactments already made. Oiequet, the medical
mactitiosier, admitted that it was he who had suggested to
the old can to I. nee something to the whoa (Oimuct, it
will be reralm ted, attended the school): and that the old
man replied b, would leave it if whine elbow de
jois. Mr. Ilethi 11 than refereed to a passer in the
allldavit of Cooke. in +hada it was stated that the propor-
tion of dividends on the meek up to Carre'm death was en-
tered in the accounts of his came as a debt due to Carr.'
from Dr. I:ntlith. No doubt, said Mr. Bethel,. this was
womistrat with the morality of the Roman catholic church
—Lint mom it .li...imolare quail est, sive terve ovitatem
alto ye Manta ambignia .1 indiff. rent ihue oh justam eausarn•
mush was their moral theohmv. And this was done, no
doubt. in order that no truce of the deed might appear upon
the account whieh the relative. were to tee. Several 'tilde-
TIM also were read in reply. Tlw case, said Mr. BethcU.
was to to• rig in two no s, as a ewe of constructive
fraud, &m ho direct fraud. In the first view, the relation
which elisted between the priest and Cirri would induce
the court to regard with jealousy, such a voluntary
gift. A respectable solicitor might have Ines readily pro-
cured w as to allow the old man the tree enemies of hie
will. A. to the direct fraud, why was the paper destroyed
ou which the priest mid he took down the instruction.; for
the will ? Mu. Clarke, it appeared from her affidavit, had
a presentiment that aortae day the case would be investigated
and that she would he required to give ea ideate; and so
had Cooke. Was there here no of deception ? Why
was Carry told that it would remain all the same? If the
court wo re to rebut, relief it would take away from the ,
people of this country the only protection they now enjoyed
against proceedings like these.
Hu Lonlehip mid he had now only to determine whether
it was Ms duty, under the eireunistanceo, to protect the fund
until the hearing, sod, in doing that, he should carefully
abatain from giving any opinion upon the merits. Those
would have to he determined on the hearing.
The further heariag of the ease was then adjourned to
Monday kthis day).

L'ISOLVENT DEBTORS' COURT.—SATriumer.
111 RE C. R. OLVIIL—FaTiI oIIOLMART CASE Ur

Maass lllmitiThaino.
This ins-Avert, who bad been an omnibus proprietoros....
opposed by Mr. Cooke for ]ire Warwick. horse dealer and
agent at the Waterloo station. Mr. &mood supported.
This ewe, which occupied mar hours, was a most extra-
ordinary insulare of turd swearing. There was scarcely
one sentence sworn on one side but what was denied on
the other. The insolveat hod purchased (our hones of Mr.
Warwick. at Robinson's repository. for 421., and gave ha
acceptance. The insolvent affirmed that the horses were
pandered. or, as wan professionally termed, had the
"snitches." The allegation was denied, and the (uremia a
Mr. Robinson denied that there% ere any symptoms of dismal
when they were sold. The insolvent said two days after be
had them he told the creditor they were glandered. This we
also positively denied. The insolvent detailed, is be allpol,
• converutiou between them, which eaaveresilma was de-
nied. and oi often were the contradictions given, that the'
commissioner repeatally expressed his innanisinnent. The
complaint in the ease was • TelAtielkS debnee, _la addition
to the logs of the debt, Mr. Warwick wee sedsMed with an
expense in law of nearly 301. is the seam Le the ems
proceeded the hard swearing seemed to laszerm
Mr, Commissioner Phillips declared that he had never
heard such swearing in the Oda warm Of NO We ; there
was scarcely one word said by Mt side that wee net men. I
dieted by the other. He had seen black perjury eas4
bat, added the learned commissioner. " In the whale
of myJ life"! never heard anything like this. It is
Alter an investigation of nearly four hours, the aim
adjourned for further witnesses, and the insolvent remaadait
to prism

CHAIM!! or MAIIIILAVONTES at STARVATION.
.4nn Timming, aged :13, married, was charged with the
aranalaughter of Frederick Harthothe having undertaken
to discharges the iloty of finding sufficient nouri-hmeut for
the &matted, and having neglected so to do. Mr. Best was
monad for the prosecution, and Mr. Kettle for the prisoner.
The farts of the ease were simply as follows A single-
woman, named Harth, having had a natural child, put it
nut to nurse with two or three people, and lastly, in Octo-
ber, last year, she placed it at nurse with the prisoner, who
had a aerated child to nurse belonging to another party.
When the child was placed under the care of the prisoner
he had been for tame weeks sickly and was very thin, infect
he had been removed from the earn of a former nurse because
the mother thought it was not properly eared for. It had
been under the care of three nurse, Mrs. Webb, Mrs. Finch,
and the prisoner. When taken from Mrs. Finch, although
it hail lasts sickly, it was then beginning to thrive again, to
eat it; food more regularly, and to increase in flesh. The
money to he paid by the mother was 2a. per week for the
support and care of the child, and it appears that the pri-
soner had nothing to live upon but what her rare of these
two children produced-45. per week. Mrs. Carpenter, one
of her neighbours, proved that on one occasion the prisoner
had borrowed some bread from her. The child gradually
grew thinner and thinner after she went to live with the
prisoner. Mr.. Kendrick, another neighbour, on going to
the prisoner, found the child lying dead with some bread
and water in its mouth. She remarked to the prisoner,
" the child has got food in itt mouth," to which she replied
" That shows it did not die for want." Mr. Hobbes, a sur-
geon of lielbroughtim, who made a port martens examina-
tion of the child, proved that it was in an extreme state of
emaciation, and that the stomach contained no food, and he
was of opinion that it had died for want of austenanee.
There was no disease in the body which could otherwise
account for death.
Mr. Kettle addressed the jury for the prisoner, contend-
ing that the child's death had not arisen from want of suffi-
cient food, urging that it was to her own interest to keep
the child olive, and suggesting that death was the result of
atrophy.
The jury found the prisoner tint
And his lordship Said he thought it was a proper ease
for inquiry.
boom Ma. hones ',Armen.
INDItTNIF.ST YUIL CHILD NIURDtK.
Fauna Taylor, aged 20,6111400 wommn, was charged with
the wilful murder of her infant at Holy Cross, l'ershore.
The jury found the prisoner Aut Guilty of murder, but
Guilty of concealment of birth.
Sentence—One year's imprisonment.
Ills lordship afterward; promeale d with the trials of the
city prisoners. No cue presenting any feature of interest
was heard before the rising of the court, except the follow-
ing, in which a question of magisterial practice wens raised.
Andrew Itiettion was .4cyuitted on a charge of uttering a
forged 41. note of the Nottingham and Nottinghamshirellank-
ing Company. The prisoner made a statement before the
committing magistrate, which int being propmed ley counsel
le be put in and mall was objected to, on the ground that it
was not in proper form, and that the prisoner had not re-
ceived the necessary caution from the magistrate. The
Matement, it appeared, had been made before the entire
evidence had been gone through, and on the prisoner)
being asked if he hail any question to put to a witness who
bad been examined against him.
His lordship decided that parole evidence might be given
of what the prisoner had stated, and that the magistrate's
clerk who took down the statement might refresh his me-
mory as to what the prisoner had said by a reference to it.
Two witnesses were examined on behalf of the prisoner.
who stated that they had tendered themselves as witnesses
for the prisoner before the committing magistrate, who re-
fused to hear them.
Thin practice was loudly protested against by counsel and
andemneel by his lordship.

WESTERN CIRCUIT.—SALIABURY, MARCH 8.
The commitrion for bolding these waives was opened
here thiv atternoon—the Lord Chief Baron Pollock and the
lion. Baron Martin arriving from Winchester. The calen-
dar is not numerically heavy, the minor caces having been
reduced by the holding of an adjourned quarter uutions
about three weeks hark ; hut the offences with which the I
prisoner% (•56 in number) stand charged arc many of them
of a srriou• character. fhr educational statistics of the ca.
lentlar arc not very favourable to the county, as nearly one-
fifth of the prisoners on it eon neither read nor write, and
four only of the whole number eon read and write well.
The CAYSe hot is very light, hut includes two special jury
case., which pnemi.e to be of a tedious character. The
hiciiiiciw will commence on Monday morning —Baton
Martin sitting on the Nisi Prin• side, cad the Chief Baron
*residing in the crown evert. s

'MIDLAND CIRCUIT.- -LINCOLN, MARCH 8.
14 MOM Jessie.
(.1I t Ilia //E MURDER SY POI+ONIIO.
Rliza Saewslh.v. seed 17, was ontlieted for the wilful mur-
der, on the 7th of November last, at a farm-house at Stow
Park, iu this county, of Franees, the wife of Christopher
Part,
The prisoner, a morose-looking girl, was defended by Mr.
Wilmoru.
The facts of the case, as diarlosed by the evidence, were
ea follows. A. is customary with many farmers la this
pet elf the country who steep wed-wheat in • poinasses
misstlan to prevent the ravages of wire worm, the hustemi
et the murdered woman kept on the premises a solution of
arsenic t.. which the prisoner had acct... The family mo-
ist...lot Mr. Page and his wife, both rather advanced in
life, and the accuotd girl: and on the morning of the
murder, the prisoner and dreesied had had some words,
Mr. Page at the time being in the fields looking after his
farming operations. "On my return home to breakfast,"
said Mr. Page, "my wife had begun her's. She said ',,1
have had a cup of coffee, and I feel very unwell with heat
at the tongue roots.' Soon after I began my breakfast, she
began to turn sick, and threw up ' against the doungrad.
She then went into the privy. At hen she came bark, she
threw herself un rune onions, and I told the girl (the pri-
soner) to bring a sip'of brandy. which she did. My poor wife
was violently purgeti, and ao 11.1 d as she could be. I also
turned quite sick, and could scarcely help her. I had to
run every minute to a bucket, with which the girl had
hems washing the door, to vomit, and then go back to her.
the crept on her hand. and knees, and I hold leer as well
ea I could. In about an hour she died in my arms. I had
sent for Mr. Smith, surgeon, of Martian, and she was dying
when Mr. Smith arrivtd. The pot containing the mercury
had hecu brought out of the barn, and left in the back
kitchen."
Mr. Smith, the surgeon, stated that he was called in at
10 in the morning, and found Mr. and Mrs. Page suffering
apparently from poison. Ile administered to Mrs. Page
aistatunia at the uostrils, and lavender, but the
power of deglutition hail left her, and the action
of the heart wa, only just perceptible. Mr. Page was vo-
miting viol, ntly, and to him witness ministered milk and
oil, and sent to Willingham, two miles off, for Mr. Fair-
that', anothtT medical man. Mr. Page told him at the
time that he and Isis wife had each taken one cup of coffee,
and directly after a burning sensation of the throat en-
sued, as if theyhad used rayenne pepper. The witness ques-
tions.' the prisoner at the time, and she said (apparently
not at all concerned at the death of her mistress) that the
deceased prepared the coffee, and that what remained she
(the prisoner) hail emptied into a swill-tub. She added
that she did not hare an, herself, as she did not
feel inclined. Witness told her to go and milk the cows,
but instead of doing so she went upstairs, and changed her
drew, packed tap some clothes in a bundle, and was about
to leave the house when he stopped her, and gave her into
the custody of the constable of Stow, by whom she was
handed to Cheney. the chief of the rural police of the dis-
trict. To this oiticer, she made the following voluntary
statement : My mistress said I had killed a fowl. I said
1 had not. I took some mercury from an iron not that stood
against the pig trough and put it in the eoffte-pot. I did
not think it would have killed her. I unlit thought it
would have made her badly." When before the coroner,
she said " What I mid to Mr. Cheney was the troth. I
kayo lived with Mr. Page since May-day, and have
not Ltd any muss of siensplaint against my mis-
eries 'the iron psi stood at the back door far two
days. I took out the stuff with a gill mug, and I
the tong and put k Into the dairy. I put in a whole
full. Master and *mem got their Dtnkfasts directly
*ter, and afro*" had done I saw them ill, and was
with say =leer trim she died."
• 'rummaged tararms "roved that
ommed.
upon • marten
earaiiiiis sneak was ia dr of the ik-
ar dr *wow. Mr. Wibisam—anisrlealhat she was not
ereneged by say iataatiasta sea Ormarad, but that see-
-Ittssea elation, eased air MF iltsprrial properties,
saw Wee she ts bar mistreft
Mad mar at , and the girl
INS ammaimi 14 yens' limplemilss.

Mary Ann Darman, a decent-looking middle-aged female,
who was borne into court in an arm chair, and who ap-
peared in a very exhausted condition, was chanted with
forging and uttering, on the 27th of July, 18.10, a bill of
exchange for 24/., with intent to defraud Messrs. Nurthcote
and Son, lace warehousemen, in London.
It appeared that prisoner was in difficulties in the early
part of 18:/0, and attempt:al to compound with her creditors.
Prisoner having is con-idemble account with Mesars.North-
cote, after some correspondence, sent the hill in question to
that firm. It purported to have been accepted by "51. H.
Sharpe," who prisoner, in a note enclosed with the bill,
stated was an influential shipowner in Sunderland. The
bill in the course of ht 14111,4 got into the hands of a Mr.
Green, an accountant, in London, and that gentleman, from
Isome suspicious circumstances, came down to Sunderland,
and discovered that there was no such person as M. H.
Sharpe, a shipowner, but that the signature was that of a
young person of the name of Margaret 11. Sharpe, who at
one time had been in the service of Mrs. Davison, and
whose father had been a shipowner in Sunderland, but was
dead, and had been dead fire some years. The young wo-
man statist she had signed the document, not knowing the
nature of it, which Mrs.DATiAOO acknowledged was the case.
The forgery was clearly prov‘d, and the prisoner was
found guilty, the jury recommending her to mercy ou ac-
count of her affliction and the destitute condition she had
been left in by her husband deserting her and running off
to America.
Sentenced to six months' imprisonment.

CENTRAL CRIMINAL COURT.
OLD COURT•SATURDAi•
Itss awa.

THE LATE CH AROE AHAIXET THE EARL Or STAHFOUD.
In this ease, referred to in Saturday's Ezpress the evidence
taken after our report was dispatched was merely a repetition
of what has appeared in the police reports, and proved that
since leaving her father's housc,she had travelled as the wile
of a man named Sheridan. It was further proved that she did
not know the person of the earl, and had asked her brother
what he was like, haying once pointed out a person as his
lordship who was not at all like him. She had also,
according to the statement of a young man living at Hyde,
been intimate with him, and had said the child was
She had also made a false statement as to the date of the
child's birth.
Mr. Cooper contended that some one might have assumed
the name of the noble earl, and so deceived and seduced
the defendant, that she, thinking that it was the earl, had
persisted in the charge.
The Recorder, in summing up, said the main question
for the consideration of the jury was whether or not the
defendant had hero deceived in supposing the earl to be the
father of her child.
The jury found her Guilty, but recommended her to
mercy, thinking she had been the dupe of the man
Sheridan. . . .

Jane Lewis, 31, spinster, was then put upon Inc
The evidence against her was, that in February, IMO, she
was living at Hllsmere, in Shropshire, a place GO miles front
Hyde—that no one had ever seen her there at all, and that
not any of l'arkcs' family ever knew that she was
acquainted with Mary I'arken until they were seen together
at Birmingham, and that she well knew Pukm and Sheri-
dan had lived together as man and wife.
The jury found her Guilty.
The Recorder said he should respite the judgment on
both the women, in order that, if possible, Sheridan
might he taken and tried before he passed sentence on
them.—The trial lasted all day.