The Express.
London, England, 1846-11-23 00:00:00

THE EXPRESS, MONDAY EVENING, NOVEMBER 23, 1846.

moored . and could not do anything to prevent the collision.
Thera must have been default, negligence, and want of skill I
ei*;der on the part of the pilot or the crew. The learned judge
put three points for the decision of the Trinity Masters
who sat to assist him (Captain Farrar and Captain
Farquhar, elder brethren of the Trinity-house), and they
retired with him to consult. On their return, the
leaned
judge staved that the Trinity masters were of opinion that
tho damage done to the Austrian ship was not accidental ;
that some blame was imputable to the pilot ; and that there
was not enough to fin the master or crew of the Atlas with
blame.—The court dismissed the action, but without costs.
Tree GREET N 011.THIliN.—P itheriall TO RECOVER W • Ots.
—ln this case Captain Forrest, lately in commaoi ui this
steamer, claimed 471. Is. 4d. for wages due to kim. The
mortgagee of the ship denied the claim.. The captain rested
his right on the 15th sect. of 5 and 0. Viet., which gives a
lien on the ship for wages due, when the owners become in-
solvent and bankrupt, as alleged in this case. Ihe answer
was that the act had not received the royal assent when the
alleged act of insolvency was notified in Ireland. Dr.
Addams appeared for the mortgagee against the claim, and
Dr. Bayford supported it.—The court said it must take time
to consider the case.
Mr. O. H. Brooks was admitted • civilian of this court.
On last Arches day be took the required oaths.

LORD MAYOR'S COURT-- OCILDHALL.
Before the Recorder and a Common Jury.
WIDDOWSON AND ANOTHER, PLAINTIFFS, V. Carl/caws,
DEFENDANT, AND COUTTS AND CO., GARNISHEES —This ma
a customary attachment issued out of this court, to attach
moneys, woods, and chattels belonging to the debtor, in the
bands and possession of the garnishees.—Mr. Ryland and
Mr. Locke appeared for the plaintiffs, and Mr. Laurie for
the garnishees; the defendant did not appear. He is an
officer in the army, and bad become i.. debted to the plain-
tiffs, who carry on the business of jewellers, in the Strand,
in a suns of upwards of 2001., for jewellery ; bit, being un-
able to obtain payment of their demand, the plaintiffs issued
their attachment against any moneys in the hands of the
Bankers, known as Coutts and Co., and which had come to
their hands in the City of London, and within the jurisdiction
of the court, as the bankers and erns of the defendant.—Mr.
Laurie, on the part of the garnishees, admitted they had in
their possession the sum of '721. 6s. 6d., belonging to the de-
fendant.—The defendant not appearing. the jury, under the
direction of the learned Recorder, gave a verdict for the
plaintiffs for that amount.

POLICE.—SATURDAT.
MANSInN HOUSE.—Augune Schmidt, a native of
Prussia, was brought before the Lord Mayor, fi finsl exa-
mination on it charge of forgery, by Inspector Haynes, of the
metropolitan police force.—The inspector stated, that on
Mireiday, the 16th inst., the prisoner called at Scotland-yore',
and said he wished to give himself up to justice, as he
had, in conjunction with another party whom he named,
mmitted a forgery upon &Mr. Vertue,in the City; that be
went with a bill, accompanied by an Englishmen who knew
nothing of the transaction ; and that he had received the
money, and divided it between himself and another party,
a foreigner ; that he had been a prisoner in France for the
offence, and had been sent over by the authorities.
—Mr. John Harrison, of Newcastle-upon-Tyne, merchant,
of the firm of Harrison, Carr and Co., stand that his house
had corresponded with, and executed orders for the pri-
soner's father, in Schlawe, in Prussia ; and that they had
sent a letter of introduction to him to Messrs. Venue and
Co. of No. 31, Great St. Helen's n
; that the acceptance to
the'bill produced for 12d1. was not theirs, nor did they know
anything about it, nor had they any entry of the kind in
their books. Witness advanced the prisoner the money upon
the bill of exchange, deducting ten shillings for discount.—
The prisoner said, through an interpreter, that he had
nothing to say, and that all that had been stated by the wit-
nesses was true.—The prisoner was committed for trial.
WORSHIP-STRELT.--John Waite, a porter in the em-
ployment of the Eastern Counties' Railway, was placed at
the bar before Mr. Bingham, charged with having stolen a
quantity of Cashmere shawls and other valuable property
from the luggage warehouses of the above railway.—Mr.
Widdicomb, from tha office of Mr. Duncan, solicitor to the
company, stated that. in consequence of numerous com-
plaints having been lately received respecting the non.arrival
of goods which had been transmitted by the line to different
parts of the country, a rigid investigation was set on foot,
which resulted in the discovery that the prisoner had been
implicated in the depredations, and he was accordingly
given into custody. Sergeant Price, of the H. di-
vision, stated that, having received from Mr. Cap-
per, the superintendent of the luggage department,
a list of different porters who were suspected, and in
which the name of the prisoner was included, be
repaired on the preceding evening to the house of the latter
in John-street, Bethnal-green, on searching which he found
a large bag, containing thirteen Cashmere shawls and other
articles of hale rdashery, together w ith three new resonant' a
quantity of tobacco, of which he immediately took possession.
He afterwards proceeded to the house et another porter,
named Hickman, where he discovered a gold watch inclosed
in a email tea-caddy, which Hickman alledged had been left
under his care by the prisoner.—Sergeant Price applied
for further time to enable him to trace the owners of the go'.d
watch and other prole ety not vet identified.—The prisoner
was remanded until Wednesday.
SOUTHWARK.—Mar AND Decennaa.—An old man,
who stated himself to be 83 years of age, named W. North,
carrying on the business of a broker, in Bermondsey, was
placed at the bar, before Mr. Seeker, chargedi with neglecting
to maintain his wife, a good looking female, about 25 years
of age. The beadle of Bermondsey parish, said that the
prisoner was a man in good circumstances in the parish, and,
until the last six weeks had lived on comfortable terms with
his wife ; but, a month ago, he turned her out of his house,
and compelled her to seek refuge in the workhouse. She
had applied to him for assistance, which he refused, conse-
quently, the parish had been compelled to support her. A
warrant was accordingly granted for his apprehension.—The
wife, on being called upon to give her evidence, stated that
she had been married to the prisoner about nine months,
but prior to that, she had lived with him two years, and
had two children by him. During the short time they had
been married, he had almost starved her and the children,
alleging that be could not afford to keep them, although he
had several hundred sovereigns secreted in various parts of
his house. She actually discovered, about seven weeks ago,
a bag, containing 300 sovereigns, between the lath and
plaster division of his bed-room. A month ago she asked
him for money to purchase necessaries, telling him at the
same time of his money, but he became so violent, on
account of her discovering his treasure, that he turned her
and her children out of the house, without the means of
support. She was, consequently, obliged to seek protection
of the parish authorities.—Defendant : It's all false what
that woman has asserted. She is a vile creature, and
has nearly ruined me by her extravagance. I have
always allowed her plenty of money for her support,
but, during my absence, she has been in the habit of
treating a young man, with whom she had formed a con-
nexion,
with luxuries of every deseriptiva.—The wife in-
dignantly denied her husband's statement. She had alwa
been faithful to him. As for the young man mentioned
him, the defendant knew him to be her cousin, who h
just returned from the East Indies.—Mr. Seeker told the
defendant that he must support his wife, and not allow her
Vs starve. Unless he maintained her he must go to prison.
He ought not to have married so young a female with two
children.—The defendant said that if he was sent to prison
he might lose considerable property from his houses. He
had no objection to allow his wife a separate maintenance.—
Mr. Seeker said that he must allow his wife bs a week for
her support, or go to prison.—The prisoner, having reluc-
tantly complied with the magistrate's order, was then die-
' clied.
WANDSWORTH.—PROCEEDINOB UNDER TN! SANA-
TORY Acr.—An investigation of considerable importance to
the public arising out of an act recently passed, giving the
guardians of the poor power, upon the production of a cer-
tificate, signed by two medical men, to remove nuisances
within their district which might be and are prejudicial to
the public health, took place at this court. W. Roberts,
J. Roberts, and W. Price, persons living at Sadler's-place,
Putney Lower Common, were summoned for permitting an
accumulation of offensive or noxious matter, consisting et
refuse, dung, and cinders, on certain pieta of ground odes-
pied respectirely by the defendants, the said accumulation
being dangerous to the public health, and contrary to the
provisions of 9 and 10 Vict. c. 96. Several gentlemen from
Putney were present. Mr. Field, clerk to the board ofguardians,
attended to conduct the cases. The defendants pleaded not
rult7.—T.N. Cochrane, relieving officer for the Wandsworth
diatrtcc, was sworn, and stated : That he knew the defen-
dants to occupy a piece of land on the common (or the depo-
sit of refuse, dung, and ashes, and have done it respectively
for the last twelve months. They had separate heaps in
front of their house" ; he saw them on the bth of November ;
the matter from J. Roberts's pigstye ran into the heap, and
the smell was very offensive. He could not say that these
accumulations were dangerous to life.—Mr. 0. Madlwain,
of No. 3, Albany•yard and Putney Lower Common, surgeon,
stated that the certificate produced was signed by him, and
the contents were true. He knew Sadler's-place; it is in
the vicinity of several houses ; and there are heaps of notions
matter generally placed there, which he believed the defen-
dants laid claim to. The heaps were constantly being taken
from and added to during the last five years. These
collections were very injurious to the health of the inhabi-
tants ; the atmosphere, contaminated by the gases arising
from these heaps, was rendered unhealthy, and thine
breathing it were liable to fever. Witness lives to
the windward of the nuisance, and therefore, not
annoyed. Witness was much interested in the measure before
it received the sanction of parliament, and materially as-
slated the government in carrying it out. He considered
accumulations of dung, refuse, and cinders, evolved carbu•
rated or sulphurated hydrogen, either of which were poi-
sonous acid. He certainly considered cinders were noxious
matter, and his reason for thinking so was that scarce one
particle out of one thousand of cinders underwent a perfect
combustion, and the noxious gases that abound in the ori-
ginal coal were not destroyed.—lt was here stated, that the
heap of cinders alluded to was what is called breese,
prepared for briekmakers, sad from which everything im-
pure had been picked and sifted.—Mr. Paynter raid, he
had never smelt anything noxious from cinders, and he was'
at a loss to know where they were to be put; they must be
deposited somewhere.—Mr C. Shillito, of Putney, nirgeon,
proved that the certificate produced was signed by
him. He confirmed the statement of Mr. Maedwain.—
Mr. Paynter said it was very evident that dung and refuse
were noxious, and therefore the defendants must remove it
altogether. With regard to the heap of cinders, he could
not satisfy himself that they came within the meaning of the
act as noxious matter, and therefore he should dismiuthat
summarily ; but he would not say that the party owning this
heap was not liable to another proceeding. He thought the
ditches and drains ought to be looked to, and was not certain
that the defendants were not acting illegally in keeping igs
so near their dwellings. The orders were made for thepre-
moval of the dung and refuse by Tuesday next, and the pro-
ceedings terminated.

CROYDON PETri SESSIONS.
ASSACLT BY A CLEIWYPUW.--.-The Rev. Cater Cator,
the rector of Cashaltor,,, appeared before the bench to
answer two distinct cliarges of having committed violent
assaults upon two buys named Carr, the sons of poor people
living at Cubello.l.--John Carr, the complainant upon one
of the slifilmolties, • lad apparently about thirteen years old,
deposed thal, last liVednaday he and a younger brother and
some °the..r boys were playing in front of the rectory at Cas-
halten , when the defendant came up and ordered them away.
The; did so
in , and he went home to his mother's I:Mtge,
wia the bed-room when Mr. Cater came in
and told him to go and fetch his brother. Be
did so, and the moment they entered the cottage, Mr. Cater
seised bold of him, and beat him with a stick most dread-
fully. lie fell on his knees and begged for pardon, but be
continued to beat him, and afterwards beat has younger bro-
ther until he broke the stick. The boy, at the request of the
magistrates, exhibited his back, which was black and blue
from the shoulders to the loins, and it was evident that he
had been beaten most cruelly. It appeared that the boy
had nothing on but his shirt and trousers at the time hs was
beaten. In answer to questions put by Mr. Cater, the boy
admitted that he and the others were playing at hockey in
front of his house, and that they were ordered away and re-
turned.—Mn. Carr, the mother, corroborated the evidence.
The chairman asked whether the defendant told her what
the boys had been doing or why he beat them ?—The
mother replied, that all he said was, that they had been
annoying him. She added that the youngest boy was very
ailing and subject to fits, and, while Mr. Cater was beating
him, he fell down and rolled about the ground, and she was
so much excited at seeing her children treated so cruelly,
that, if she bad had the power, she would certainly have
done the defendant some mischief.—The magistrates told her
she must give Ler evidence calmly and repress her feelings
—She replied, that it was imposgble for a mother to do so
under the circumetances.--The witness, in answer to ques-
tions put to her by the bench, denied most positively having
authorised the defendant to beat the children, and she said
she gave him the stick, believing that he only intended to
frighten them. Other evidence having been adduced,
the magistrates called upon the reverend defendant to
answer the charge.—The Rev. Mr. Cater said that the
only answer he had to give was that be had been
very much annoyed by the boys playing directly
Amster his windows, and on the day in question he
adored them to go away. They did so, but immediately he
went in they returned, and the elder Carr was smacking a
whip and malting a noise. He went out again with a pencil
and card in his hand to take their names, thinking to
frighten them, but they all ran away. He went to the
cottage to complain of the boys, and the mother told him
that she could do nothing with them, and gave him a stick,
telling him it would break no bones, and he certainly used
it to the best of his power upon the elder boy, but he denied
having struck the younger one at all. About five o'clock
the same day the father of the boys came to his home,
as he thought for the purpose of thanking him
for what he had done ; but, instead of that, he was led to ,
believe that be wanted him to bribe him, which he de-
clined to do, and the next day he received the summonses. 4
In answer to a remark from the bench, Mr. Cator said that
the spot in question was the place where the boys of the vii- ';
lags usually resorted to play, but it was very annoying to 7;
him, and he frequently complained to them, and ordered
them away. He declared that when he went to the cottage he 34
was not at all in a passion, but admitted that the act of beat- 82,
dreg the boy did excite him. The magistrates then consulted
together for a short time, when the chairman addressed the 2;
defendant, and said it was with considerable regret he had ;
to announce the decision of the bench, that they were under
the necessity of convicting him of an asamt, and they con-
sidered it a great aggravation that it should have been coin- r,
mitted by • gentleman in his position. He (the chairman)
trusted that, although the defendant had not expressed any
regret, that he must upon consideration feel that even RC-
cording to his own statement of the circumstances the correc- I
lion be had administered was most excessive, and far beyond 11
what ought to bare been administered for the offence the
boys had committed. The bench, therefore, felt it their
duty to inflict upon him a fine of 41. for the assault upon
the elder boy, and a fine of 11. for the assault upon the
younger one, and also the CORM
"In" I