The Express.
London, England, 1848-03-24 00:00:00

rather late, and when they arrived the train was shout to
start.—Mr. Newton, the (eclair, however, succeeded in
getting into one of the carriage`, and the plaintiff also en-
deavoured to get into one, and he admitted that at the time
the train was in motion. While in the act of so doing. one
of the persons employed at the station named Joseph Wood-
cock, called the plaintiff towards hint, and as he supposed
his intention was to put him into another carriage he went
up to him, when Woodcock seized him and held him until
the train went away, and he then insisted upon hie
accompanying him into the station, where he demanded
his name and address, and on the plaintiff giving him
his card, he war allowed to den art. The learned serjeant
said that if the matter had ended there probably oo further
notice would have been taken of the matter, but after all
this had happened, and while Mr. Newton was on his way
back to the hotel where he intended to breakfast, prepara-
tory to starting by the next train, Woodcock agaia met him,
and insisted that he should accompany him tothe Town-hall.
The plaintiff demanded his authority for such a proceedinp,
when he wasinformed that if he did not go quietly he would
be taken by force; upon which he accompanied Woodcock
to the Town-hall,where he was kept in charge of a policeman
for nearly two boars, and was then marched through the
town, accompanied by two policemen, and conveyed. to the
magistrate's office, where he wes charged with violaung the
bylaws. of the rompany, by attempting to force his way into
one of the carriages while the train was in motion, acd the
magistrates, after hearing the evidence, and looking at the
by-law and referring to the act of parliament, dismissed the
charge. The plaintiff upon this made a
.communication to
the company upon the subject of the indignity he had suf-
fered, and after several letters had passed indignity
then them, the
defendants, through their secretary, justified mat of
their servant, and at the same time informed the plaintiff
that there was no doubt of his having committed
an offence under their act of parliament, and expressed
an opinion that be had been dealt with very leniently by the
magistrates. He concluded by stating, that be did not deny
that the defendants were, perhaps, justified in stopping the
plaintiff from getting into the train under the circumstance`,
and of that act he did cot complain. but he did say that
when the plaintiff had been allowed to depart, and was walk-
ing quietly along to his hotel, that the conduct of Wood-
cock in twain interfering and his subsequent proceeding.,
were quite unjustifiable, and gave the plaintiff a right to
demand damages from the company for this illegal act on the
put of their servant.
Mr. Bennett, the landlord cf the Steyne Hostel, proved
that he remembered the plaintiff's father being at his hotel
in October last, and also the circumstance of his son coming
to visit him on the 17th. He had occasion to be on the plat-
form of the railway station the next morning. The twenty
minutes to eight train had started, and he saw young Mr.
Newton on the platform, apparently in conversation with
Woodcock, the station-muter, and they both walked into the
station together, and he saw no more at that time; but he
shortly afterwards saw Mr. Newton going away from the
station. As witness was walling towards his Lome Wood-
cock came up and asked him if ho bad seen Mr. Newest,
and he told him he was just gone round the corner;
and in a short time he saw the plaintiff and Wood-
cock waking together up the eeps of the Town-hall, and
Woodeeek told ale. Newton to go in, but he ii d so in a
courteous manner.—By Mr. R. Gurney: Witioss was wait,
ing in the hall of the hotel on the morning in question pur-
posely
to see Mr. Newton before he left, as he had not paid his
hill. (A laugh.) Mr. Newton did not leave the hotel,
that way, but " escaped " through a window, and he fol-
lowed them down to the railway station, to t and get his
money. They were a little tomuick for him,ry and he was
obliged to go to London to see Mr. Newton about
his bill.—lte.examined : Mr. Newton came down to
Worthing a day or two afterwards, and paid his account.—
JenkMs, the superintendent of the Worthing pal.ce, deposed
that Woodcock came to the station, accompanied by the
plaintiff, and he gave him into custody fur obstructing an
officer of the railway in the execution of his duty, and at-
tempting to force his way into a first class carriage while
the train was in motion, and the ;plaintiff was left in his
charge. Woodcock at the same time heeded him the plain-
tiff's card, with his address upon it, and told him that it
was some time before he could get it from him, and
that at first he had given another name. The plaintiff
remained at the station-houso for nearly an hour,
when he was taken by a policeman in uniform to
the magistrate's office, which was about two hundred
yards off. Woodcock then gave his evidence, and
produced the by-laws painted upon a board, and the ma-
gistrates after hearing the case dismissed the plaintiff. —By
Mr.:Gumey At the time the charge was given witness had
ben informed that Mr. Newton ha left the hotel without
payingrag in the bill, and deo that one ofd
the parties had jumped
through the window of the station, and also that they had
not pail the cabman who drove them, and he therefore
thought that he would take core of the plaintiff,
Serjeant Shee then put in the letters to which he had re-
ferred, and said that this was the case for the plaintiff.
Mr. Gurney submitted that there was no cam at all to go
to the jury. He referred to the pleadings, and, said that
the defendants were charged with a trespass and false ini-
risonment of the plaintiff, to which they had pleaded a
justification, the plaintiff having committedan offence under
their act of parliament; for which they were justified in de-
taining hint, and the defendant by has replication admitted
the justification, but pleaded that a fresh trespass had been
committed by his subsequent arrest. He submitted, how-
ever, that this was all part and parcel of the original trans-
action, and that the evidence only made out the original
plea, which admitted the defendants' justification.
Serjeant Shee said he contended that the defendants had
condoned the original offence by suffering the plaintiff to de-
part, and that his subsequent arrest was altogether illegal.
Mr. Willes, on the same side, urged that the statute
dearly intended, by the use of the words " this and there,"
that &person offending in the manner described should be at
once taken into custody ; and he said that if the definition
given to the statute on behalf of the defendants was the cor-
rect one it would give an indefinite power of arrest, and a
person might be apprehended in London a week afterwards
for gaol an offence.
Mr. Gurney was about to reply, in support of his objection,
when he was stopped by Mr. Justice Coleridge, who said it
was unnecessary, as it appeared to him to be quite clear that
moon the pleadings the plaintiff was bound to prove a
distinct trespass independent of the one which it was ad-
mitted
the defendants were justified in committing, whereas
he had only made out the original one. It appeared clear
that the company had made a rule for the management of
their railway, which the plaintiff had attempted to break,
and their servant was therefore justified in detaining him
until he could be taken before the nearest magistrate, and
this was all that was proved to have been done.
Serjeant Shee reminded the learned judge that Mr. New-
ton had left the railway station, and was alone when he was
Mt on the second occasion by Woodcock.
Mr. Justice Coleridge Yes, but there is no doubt that
Wocdcock was after him, for the first thing he does when he
meets Mr. Bennett is to ask if he had seen Mr. Newton. I
The plaintiff was then nonsuited.
IkIARCII 23.
Om Sins—Before Ur. Justice tbleridee.
FORTH O. SlMPtiON.—Lisa ON RAGS IiOnBEB.—FEIONED
lesvn.—This was a feigned issue to try the question whether
the plaintiff had a hen upon certain nee horses.—Mr.
Ogle and Mr. Wyatt were for the plaintiff, and Serjeant
Shee and Mr. Boviil for the defendant.—Three race horses
named Wintonia, Orisi, and Headsman, were placed in the
care of plaintiff, the well.known trainer, by a gentleman
named Worley, and it appeared that these heroes were
seised under an execution. At this time • very considerable
sum was due to the plaintiff for keep and training. The
horses were delivered up to the sheriff's officer under a
protest, and the question involved in the present action was,
whether the plaintiff was entitled to recover his debt from
the judgment creditor, under the circumstances in which
the horses had bees taken.—The jury returned a verdict
nominally for the plaintiff, subject to a point of law in-
volved in the case.
CLOWN sous—Before Lord Chief Justice Martian.
MURDEROUS ASSAULT BY A SEKVANT.—J. Goldspinit, 18,
was indicted for assaulting Harriet Mary Fulcher with
intent to murder or to do her bodily harm. The cireum
stances of this case were of rather an extraordinary charac-
ter. The prosecuttiz is the lady of Captain Fulcher, an
officer in the service of the East India Company ; and at
the time of this transaction she was residing in Montpellier.
square, Brighton. Captain Fulcher was alleged to be fre-
quently from home for considerable periods, and during his
absence the establishment, which consisted of the prisoner,
who acted as footman, and some female domestics, was left
in charge of Mrs. Fulcher. She had had frequent occasion
to complain of the conduct of the prisoner, and had re-
proved him on the evening of the 31st July, when this affair
happened, for coming home late. Mrs. Fulcher sent the
servants to bed about ten at hied% on the occasion in ques-
tion, and the prisoner, who slept in a room next the kitchen,
retired with them, and, as she supposed, went to bed. She,
hers-lf, went to her bedroom about half an hour afterwards,
and haring partially undressed she, as was her custom, took
the candle and looked under the bed, when the prisoner
sprung from under the bed and seized her by the throat. She
struggled with him and succeeded in getting to the bell rope,
which she pulled violently, and it broke. The struggle was
then continued, the prisoner still keeping is hand pressed
upon her throat, until at length the other servants hearing
the noise came to the room and the prisoner desisted. The
police were sent for, but in the interim the prisoner con-
trived to get access to the razor OM of his mas-
ter, and took one from it, with which he inflicted a very
serious wound upon his own throat. It appeared in thecourse
of the case that the prisoner had frequently been heard to
make use of threatening language towards his mistrets,
account of her frequent complaints of his conduct, and it
was suggested that in addition to his desire to do violence
upon her person, tire -prisoner was actuated by an in-
tention to commit robbery, as he was aware that the plate
chest was kept in the room adjoining the prosecutria's bed-
room, and that she always kept the key in her pocket.—The
Lord Chic. Justice, at the close of the case for the prosecu-
tion, expressed an opinion that the evidence did not make
out the charge of wounding with intent to murder, and un-
der his lordship's direction the jury found the prisoner
Guilty of an assault only.—He was sentenced to be impti-
soned and kept to hard labour for twelve calendar months,
and one week in each month to be pawed in solitary con-
finement.
Tun svn ov Novanszn.—T. Slusbridge, 38 ; J. Robin-
SOW , 18; T. Altwood, 19; J. Winahurst, 19; 0. Gosney,
23; O. Ashby, 20; Fold, 39; and J. Seanbeidge, 28;
surrendered to take their trial for riotously and wantonly
assembling in breach of the peace. This was a prosecution
instituted by the magistrates acting for the Lewes district,
with a view to put down an annual scene of riot and disturb-
ance which has usually taken place in the town of Lewes on
the sth of November. In consequence of a notice
that the authorities intended to interfere a num-
ber of persons who had been accustomed to enjoy the
anniversary is • peculiarly riotous fashion resolved to elude
tildzeocilance
ri
ingson the pf the magistrates by commencing their
review, day, and it was arranged that a
wty at them should assemble at at. Anne's Church, at the
isir at the tows on the night el the 4th, end when the

clock struck twelve, that a tar barrel was to be ignited and
rolled down the tows. The police received information 01
the intended manoeuvre, and Capt. y,
Macka the superinten•
dent of the Sussex constabulary, took the necessary precau-
tions, and stationed a number of his men in different porn'
of the town to intercept the rioters. When she hour
etruck, the Ur-barrel was lighted, 'hen
wale then
rolled, in a blazing state, along the High-street,
fby a mob of sixty or eighty pereons, hooting and
yellowedin; but when they had got a short distance, a chain
was thrown across the street by the police, who, at the mime
time, sallied out upon the mob, and, after a little scuttling,
during which one of the officers received some severe blows,
the defendants were taken into custody.—The jury returned
a verdict of Guilty; and Wimburst and Thomas Stanbridge,
who appeared to have been the ringleaders, were sentenced
to six months' imprisonment, and the others to one month's
imprisonment each, and, in addition, they were ordered to
enter into their own recognisances to keep the pence ford the

future.
OXFORD CIRCUIT.—SHRIVISBURY. Masten 23.
BATUMI V. BRAYNE AND OTHENA.—DIAPVTED WILL.—
Naw TRIAL.—Yesterday this case was mount d (see Daily
News of Wednesday) by the examination of witnesses in sup-
port of &violent Talffiurd's ope ning. The executiosolici n of
tor, d
the will
of September, 1844, was proved by Mr. How, a an
kis clerk; after which the Rev. F.dward Bather, who bad
been named by the testator in that will as one of his execu-
tors, was examined by Mr. Whateley, and detailed the un-
varying and liberal acts of generosity displayed by the tea-
-1 tator during his whole life to the witness himself and his
family, by presents of money, &c., as stated in the opening
address of Seryeant Tallourd.—On the part of the defence, a
witness named Harper (ono of the persons who attested the
will) was called. He stated that he was clerk to an account-
ant and law stationer, and that on the 10th of Dec., 1814, ha
received a message through the defendant, John Edwards,
to go to the testator's house. He did so, and was shown into
leis bedroom, when testator said he wished his will made,
and asked witness if he could do it I Witness replied that
he could; upon which testator said Kitty (meaning his
niece, Mrs. Edwards) bad got down iu writing what he
wished done, and desired her to hand the paper to him,
which she did. Witness afterwards destroyed the written
instructions for the will, such being, as he stated,
his usual practice, Witness said that owing to the illness
and subsequent death of a near nlatien, he did ,not com-
plete the will till the 18th of the same month, when he
brought it, according to testator's directions, to Mr. Ed-
wards. He made, at her request, some slight alterations
in the document, by adding a few legacies. On the 26th of
December (two days after he had returned to Mrs. Edwards
a fair copy of the will with alterations), be attended by re-
quest at the testator's house. Testator was then in bed,
but apparently in perfect possession of hie mental faculties.
i There was no one in the room but testator, Mrs. Edwards,
Edward Edwards, Mrs. Brayns (testator's other niece),
and witness. Testator at first declined hearing the will
read over to him by Edward Edward., saying that
" Kitty" had read it to him and it was correct, but
he afterwards yielded to Edwards's request, and allowed
him to read it over, after which lie tried to sign his name to
it, but was unable to do so, and affixed his mark, or moss, in-
stead • the will was then duly attested by the witness and
Edwards,. after which testator desired one of his Diana to
destroy the will of September.
Edward Edwards corroborated the evidence of Harper as
to the execution of the last will, and stated that he (Ed-
wards) went to the testator's house on the 16th December,
1844, in consequence of a message sent to him by thejtestator
who then told him that he had sent for him to be a witness
to his will; that he bad made one which was unjust to his
sister's children, and wished to make another ; that he had
been serving the Bather family all his lifetime, and had lone
little or nothi,g fur his own relations. The witness went
again to testator's house on the 26th December, and then
raw testator affix his mark to the will, a,ter be (witness) had
read it over to him.
Some other witnesses were called, to prove declarations
by him that be had made puivisier for them end for Mrs.
Edwards, the defendant, and 'ner sister, because she (Mrs.
Edwards) had been very kind to him in his last illness, and
the family of the Bathers scarcely noticed him. On the
part of the lessor of the plaintiff, evidence was given in
reply, to show that Edward Edwards, one of the attesting
witnesses, had at various times made declarations with re-
ference to the testator sad the will, on which the defendants
relied, inconsistent with the evidence he now gave.
The arguments of counsel and the evidence occupied the
whole of Tuesday and Wednesday.
Mr. Justice Cresswell summed up the evidence with great
minuteness, and the jury having retired for about an hour,
returned a verdict for the lessor of the plaintiff.

NORTHERN CIRCUIT.—YORE, MARCH 21.
Caoww Corm.—Before Mr. Baron Rolfe.
THAD'S UNION CONSPIRACY FOR THE DZSTRUCTION OP
MACIIINERY.—John Drury, John Marsden, Thomas Bra .
loss, and William Hall were indicted for having, on the 27th
of November last, incited and stirred up Alexander and
Thomas Heathcote to destroy certain machinery, the pro-
perty of Peter Bradshaw.—Several objections were raised
by the learned counsel for the defeat*, which led to the two
Heathcotes, who had been tried and transported at the last
winter gaol delivery for breaking machinery, being now
brought and placed in the dock. They then pleaded guilty,
upon which they were removed.—The facts of the ease, as
stated by Serjeant Wilkins were as follows:—The two
Heathcotes had pleaded guilty to destroying machinery,
and the four men were charged with being sects-
, series before the fact, and with having incited and
counselled the others to commit the act. There was
in Sheffield, a trades-union, called the " Razor-grinders'
Union," the object of which was to keep up the rate of
wages, and to prevent the men from working for lees than
the committee thought fit, or for such as they should think
objectionable masters. It was imperative for every member
of the union to contribute Is. a week, and 6d. for each ap-
prentice he employed; and if any man thought proper to
work for less than was allowed, he was to be visited by
eirtain puniehmente. The money collected of the mem-
here of the union was called " Natty money." The union
was managed by a committee of twelve or fourteen, and a
part of the proceedings were carried on by a secret committee,
which, when this happened, consisted of the four prisoners
at the bar. When a party ceased working for a proscribed
muter, he received money from the union, which was
called " scale money," and was paid at the place where
the committee usembled. If a member fell into arrear
of payment, or worked for an objectionable master, he was
fined ; and if he did not pay the fine he was " fattened," an
operation which was apportioned according to the offence
complained of. The tools employed by the grinders wefe, a
grinding stone, a glazier, a lap, and a polisher ; sad some-
times one and sometimes the other of these were destroyed
or rendered useless ; and that was what was termed " rat-1
toning." Those who did not join, or who left the union, !
were called outlaws ; and those who worked tor less wages I
were termed knobsticks. A wheel was a large building,
containing hulls or rooms, which were let to the
grinders to work on their own account. Having now
given this short preface, he would proceed to state the
nature of the case, which he should endeavour to
prove. On the evening of Nov. 27th last, which was'
Saturday before Sheffield fair, the four prisoners were at
the Queen-street hotel, in order to pay the moneys to the I
parties out of work, and who yielded obedience to their rules. I
Drury was there in the capacity of secretary, and had before
him some books, the receipts and disbursements, and of
which he had the sole charge. The two Heathcotas were
there that night, and along with them was a person ewes'
Armitage, but who was generally called " Long Stockings."
When some other grinders had received their scale they were
dismissed, and there then remained in the room the four
prisoners, the two Heathcotes, and " Long Stockings." The
tatter was taken out of the room by Thos. Heathcote, who
immediately returned. Drury'. -n said, " There are some
jobs that want doing, especially the father and eon ; we want
them doing before Monday, and they work at the Meth=
Wheel." He afterwards said the parties he meant were
Peter and William Bradshaw. Hall said that they had been
working at low wages, and that it was time they were done.
Drary ,said, " You must go and take all their toms, and
throw them into the dyke." Alexander Heathcote said it
would damage them by throwing them into the dyke, and
Drury said, " Never mind, we want them destroyed, and it
will be less trouble to throw them into the dyke at once."
He also said that they must break the stone. Alexander
then asked how much they were to have for the job ,•
lad it was then stated that the two Bradshaws owed
wads money to the union, that they would be
sled on being punished to pay up the whole of
the money, and the Heathcotes should have half of that
money, the other half to go to the box. " Well, but,"
said Alexander, " sometimes parties are caught." Drury
and Marsden then, speaking together, said, " If you are
caught it shall be made up, cost what it will, and we will
get the best help we can for you, and do what we can to
buy up the witnesses." The two Heathootes then agreed
to do it; upon which Drury stood up, end said, " tnose
who are of opinion that it should be done, signify the
same by holding up your hands," upon which the four
prisoner; held up their hands. An appointment was then
made to meet Drury on the following Monday, to go with
him to collect " natty money." When they went out
they encountered Long Stockings and his wife, and they
went to a public house kept by a person named Wood-
house, where they remained till twelve o'clock. The
two Heathcotee then went to the Kelham Wheel to perform
the work for which they were hired. When they got there
they found somebody at work in the engine-room. They
then returned to Drury, who was intoxicated, and complain-
ing that Joe Cox had stolen his books. About one they
went back again, and still there was some one at work ; and
they then gave it up on that night for a bad job. On the
following Monday, the two Heathcotes, Drury, and Long
Stockings went to different mills to collect " natty money.
At night they went to a public-house, where Thomas Heath-
cote again took Long Stockings out of the room, and Drury
then inquired if Brsdshaw's job was done ? The Heathcotes ex-
plained why it was not done, and Drury appointed another
meeting inQueen-street. There the four prisoners again swum-
bled along with the Heatheotas. Drury then stated that there
were a great many other rattening jobs to be done.
He read over a long list of names; and as Heathcote could
not remember them, he wrote out some lists on paper of the
ditterent parties to be fattened. When Drury gave them
the paper, he said it was necessary to write in a cramped
hand; but on comparing the figures and the writing produced
with that in Drury's books it would be found to oorrespond.
At night the two liesthcotes went to the Twelve o'Clock
Wheel, where they hid some beads. From thence they went
to the Kelham Wheel, where Alexander struck the stones with
a hammer, and knocked ofi the wheel, and threw the axles I
and laps into the dam. They also hid the glaziers. After this
they met Drury 'gain, who told them that Bradshaw had
found his tools again, and had not paid his "natty money;"
and he advised the Heathcotes to keep their mouths shut
and eat their pudding. In order to prove these facts, the
learned serjeant said he should call into the witnees-box the
two Bradshaw', who would prove the damp done to their
swolainey. Ho Nimbi also all the two Bedbooko, who