The Express.
London, England, 1848-08-21 00:00:00

ASSIZE INTELLIGENCE.

HOME CIRCUIT.—OVILDFORD, Au °. 19.
Before the lead Chief Bunn and a epecriel Jury.
KeNNEDY V. CLAUK.—THE RACEHORSE "Stet TArrON
STKEtl."—This was an action to recover 3,1501. as the al-
leged value of the celebrated racehorse Sir Tattoo Sykes.
The form of the action ISIS as for goods sold and delivered, to
which the defendant pleaded peewee t.—Serjeant Sheet said
the plaintiff in this tinier% Mr. Roeert Blair Kennedy, was
a gentleman of fortune. lie was 23 years old, and he had
obtained
re that which I a himself no doubt considered a source
of gat pleasure, but which he (the learned serjeant) could
not help looking upon as a very great mafortune for any
young man, an early Introduction to the turf. The def me-
ant, 11r. Edward Rawson Clark, was a gentlemen who
heal been long acquainted with the turf. He had been
"on the turf " a very long time; and he, as well as the
plaintiff, was in the habit of attending all the principal
rececounes in the kingdom. In 1817, the plaintift became
the owner of the celebrated racehorse Sir Tattoo Sykes. At
that time he had run second for the Derby, had won
the 2,000 Guineas rat Newmarket, and had also won the
Leger, 'Lod some othi T races, and was a horse of celebrity,
and the plaintiff gave 1,1501. fur him. On the 7:h June. or
about thatthe parties were at Ascot races, where the
horse was entered for the Hunt Cup, and Mr. Clark, who
was well acquainted with the bone previously, saw him run.
After the races, the plaintiff went to Windsor, and put up at
the Castle !tete!, and he there met the defendant
and some conversation took place between them on
the subject of the borer, and Mr. Kennedy said
he would tell hint for 1,1001. The defendant entertained
the proposal, but mentioned certain terms to which Mr.
Kennedy declined to accede, and nothing at all passed
which c odel lea 1 to a supposition that the horse had been
dispoeed of by the plaintiff. A few days afterwards, how-
ever, the plaintiff was very much surprised to hear that his
horse, which he supposed was at his trainer's, was in reality
in the possession of the defendant, and that he had entered
him to run at Hampton Races as his own horso The
plaintiff was of course very much surprised at the circum-
stance, for although he had certainly offered to sell the
horse upon certain conitions, yet nothing decisivto ob-
e was
arranged, and the defenddant hadwhatever
tain possession of the animal. Ile therefore immediately
gave instructions to his solicitor, and that gentleman at once
proceeded to Hampton Races, where he found the horse in
the care of the defendant, who was leading him about the
race-course, preparatoe to his starting for a race
about to commence. The defendant was asked how the
hone came into his pooresion, was told that he knew very
' well it belonged to Mr. Kennedy, and was called upon by
the solicitor to account for having it, upon which the de-
fendant said he had bought it for 8501 , but he Ilse not paid
for it, and he offered to give a cheque for the amount. The
solicitor declined to receive the cheque and insisted upon
having. the horse returned, or else he threatened to give Mr.
Clark into custody. The defendant was very angry upon
this threat being made, and a police officer was called in,
bat on his hearing the nature of the case he declined to in-
terfere, but supested that the matter should be referred to
the stewards. The parties accordingly went before Captain
W. Peel and Mr. Ricardo, the gentlemen who were acting
in that capacity, slid after the facts had been stated is them POLICE.—SATURDAY.
they decided that the horse should start, and he
did so, and afterwards remained in the posesesion of the de- CITY POLICE COMMITTEE.—Tifts " NATIONAL
fondant. A few days afterwards the plaintiff's solicitor saw CLte SCBSChIPTION."—Mr. lff'Durmott, landlord of the
the defendant again at Tat.ersall'e, when he nerved him Alton Ale Stores, No. 6, Jerusaleupassage, Sr. John's
with the writ in this aetion, and upon this occasion the de- allure, Clerkenwell, attended before Aldermen G ebbe and
fendant again auerted that he had bought the horse and Challis, under the following circumstances ,—Mr. hPDar-
paid for him, and that what had taken place between him mott mated that for the last fortnight • person styling him-
and Mr. Kennedy amounted to a sale. These were the self Mr. Joseph Bond had been in the habit of visiting his
facts he should have to lay before them. He was not aware house, and taking refreshments as a casual customer. Ile
what defence was to be set up, but he believed an attempt said be thought of advertising for a situation, and asked sp-
would be made to establish se
special contract founded Pliant if he would allow him to make use of b • addroas.
upon certain letters written by the plaintiff. lie did not, Applicant assented, and in the course of • few days a number
bowever, believe that such an attempt would be auccessful, of letters, per poet, from all pens of the country, came to
and in the result the jury would see that the plaintiff was hand, and the party calling himself Mr. Bond received them.
at all events entitled to a verdict for 8501. He often observed in some of the litters • large quantity of
Capt. A. M. Alleyne said, I am acquainted with the .
plain. Postage stamps, and, from what had niece transpired, he had
tiff and I was at Ascot races with him on the 7th of June, every reason to aelieve that the remainder contained post-
-1
an... raw his horse, Sir Tattoo Sykes, run on the day. On office orders for money. His suspicions, however, were not
our re:urn we stopped at the Castle, at Windsor. The de. excited till Friday last, when a party connected with the
fondant was there, and I heard Mr. Kennedy offer to sell his City of London Trade Protection Society called his attention
hone, Sir Tattoo, for 1,1001. There was some cavilling about to a circular which had been sent the round of the provincial
the price, and at last a sum of 8.501. was mentioned, but I tapers for insertion. Some of the papers, noticing an evi•
don't know how it arose. The discussion, however, termi• dent fraud in the circular, withheld the alvenimment, and
gated, as I understood, without any sa..e being completed. I sent it to the above society. Other papers had, however,
afterwards saw the defendant at Hampton races, when he published the announcement, which was as follows:
told me be had become tile purchaser of the horse, and he To the epeeulatiee.—Natiocal club subscription.—Tbe distribiana
said he considered it a very good purchase. I saw him again t.'4lole°ll4e November, Isle.3h e
;rye dr. willls ;P°;:l1;..:11To fake
l'fileaion isthlieleillhw 911
at Newmarket races on the 4th of July, when he told me ensure the purchaser a ;hare,
there being oo blanks. Aelthe number
that an action had been brought against him to recover the of ticket. to bo iasued sill necessarily be timited, early application is
price of the horse, and he said be would be requested. Pootsoffico orders to be made payable to Mr. Joseph
glad to give 1001. or 1501. to be off the bar. kk,ndi Jena...dem-Passage. lit John's-square. Loo
don.
gain, and be wished he had never seen the The applicant informed the court that Mr. Joseph Bond was
hone. Ile likewise told me that he had offered to pay now nowhere to be found. lie was about 26 years of age,
8501., which was the price agreee open, hut his otter had not thin features black whiskers, and wore a brown taglioni
been accepted. I knew the horse by sight, and shoud con- coat. —Mr. Alderman Challis regretted the practice of parties
eider bins to be worth 1,5001.—8 y Mr. Chambers: i have allowing perfect strangers to make use of their addresses. It
not been much on the turf myself, but my brother keeps two was calemated to aid the fraudulent and deceive the public.
or three race-horses. He is • friend of Mr. Kennedy, and BOW-STREET.—APeRiIieIieION OP WILLIAM Curry.
I bays also known him four or five years. He is on the turf. —On Friday evening If'. Cufy was apprehended at his
' The Chief Baron: What is the meaning of the expression lodgings in Holles-street, Wardour-street, Soho, upon in-
" On the turf?" formation which connected him with the proceedings in
Mr. Chamber' : My lord, I can hardly tell you. which the prisoners examined on Friday were involved, and
The Chief Baron :Is every one who runs race-hones sup- on Saturday win charged. according to the warrant, with
pseed to be Cu the turf ? wilfully and feloniously compassing, &c , in order to compel
herMaresty tochange her measures and councils. The charge
Mr. Chambers : I rather think not my lord.roes-examination continued.—l bet, and so does my yes rreferred under the Act for the Bele tter security of
brother. lam not • judge of race-horses. I saw Sir Tattoo the Crown and Government of the United Kingdom.
run at Hampten. lie was beaten. It was only for a small Mr. CI irkson, attended by Mr. Hayward, opened the case.
stake, and they were not firsaclus hones that ran against He mid that Cuffy was one of the persons who had met at
him. I don't think my brother bought • bill stamp at the Lord Denman public-house en Tuesday last, to concoct
Windsor, but a blank stamp was brought into the room, and the meeting on toe following night, and he could show by
as I suppose in connexion with the pronosed purchase of the evidence that such was the case.—Thomas Powell said he
hone. I think the amount of the bill was to be 1,1001.; but e new the prieoner at the bar, and that he was present at the
I cannot speak with certainty. The defendant wanted Mr. meeting of delegates on Tuesday evening last at the Lord
Kennedy to warrant the horse, but I don't recollect if he Denman, Suffolk-street, Blackfriars, where wanes* also was.
refused ;but they said they would talk about it the next The prisoner was there when the sub-committee retired to
day. The letters produced are in Mr. Kennedy's hand- consider whet was to be done. On the f, hoeing night he
writing. wu teen and also on the return of the committee. Paul-
William Sheraton paid : I am groom to John Scott, the lens, the chairmen, said, as witness deposed on • former
trainer. Sir Tatton Sykes was at our stables at Leather- occasion, that they should all come armed, and that
head in the early part 01 June in hut year. lie belonged to Brewster was to take the Cie rkenwell-green district, Payne
Mr. Kennedy. I took the hone to Ascot races, end saw the Tower Hamlets, and either Bassett or Mullen, himself
Mr. Kennedy there. The hone was rode by Frank Butler the Broadway, Westminster, or Seven Dials. The prisoner
in Mr. Kennedy's name. He was beaten by a hone named requested the chairman to make haste, as he knew that he
Conyngbatn, and after the races I took him back to Leather wished to be off, as all his men were waiting fur him. He
head, where he remained until the 11th of June, when said he (the chairman) had better make it as short as possi-
George Dockeray applied for him, and took him away. I ble by putting the question all round at once if they would
saw Sir Tatton win the Leger, and also the 2,000 guineas at come out the next eight to fight, yes or no. The chairman
Newmarket, and when he was second for the Derby. then put it round, end all the delegates but two assented.
James Perseus, clerk of the course at Hampton, proved Cuff y was not one of those two. Mullein said it was neces-
that the hone had run at hose races.—Morria Neeton, the eery he should speak honestly and boldly and without flinch-
plaintiff's solicitor, said he had gone to Hampton Races, and ing, and wished to make them understand that they were to
come out on Wednesday night, armed, and that they were to
had endeavoured to take presented of the hone in the name
of the plaintiff, but he was prevented by the defendant and his expect to fight. After the instructions had been given, a
trainer Dockeray, and that the defendant had alleged be- motion was made that Ritchie should instruct four or six
fore the stewards of the course that he had purchased the men, who were to be brought from each locality for the pur-
horse and paid for it —Charles Ottway, a policeman, and of firing houses, &c. They were to he persons in whom
Isaac Day, sijockey, also proved that the defendant had said perfectpe confidence might be placed. When the prisoner was
the hone sou his property, and that he had paid 8501. for asked, on a previous occasion, if he could bring any
liim.—W. Scott, a jockey, gave evidence as to Captain refsollll, he said " Yes." The prisoner was present when
Alleyne having purchased Sir Tatton Sykes fur 3,0001. He Brewster produced some parti-coloured wristbands, which
did not think the bone worth much now for racing, but were distributed to the delegates in order that they might
would make a very good erood horse. be diatiaguished by the mem—By Mr. Henry : Witness got
On behalf of the defence the witnesses were : admission to the room by answenng • particular question as
George Dockeray, trainer, of Epsom, who proved that he to his being a delegate, both at the Orange Tree and at the
was told by the defendant that he had purchased Ay Lerd Denman public.housee. A question was put to the
Tattoo Sykes for 1,1001., to be paid for by a bill at twelve chairman by one of the delegates as to what should be the
months, and that the hone was warranted sound. Witness pass-word at the Orange Tree on the following night, inorder
had made answer to this, that he was sorry for it, SS the that Mr. Ritchie might know the persons to be admitted.
bone had got no lege, and was not worth above 5001. While The chairman replied that tome gentleman had better pro-
on the race-course at Hampton Mr. Newton endeavoured to pose a word. One of the delegates proposed the names
seize the hone ss being the property_ of Mr. Kennedy. " Frost and Mitchel ;" another made an amendment that it
Witness had prevented him. —Joseph Mills, a person con. should be the word " Justice." This was put to the vote
meted with Bells Life in London, Proved the receipt of a and carried.—The prisoner, upon being asked if be wished to
COURT OF BANKRUPTCY. letter from the plaintiff, explanatory of the transaction, for ask witness any questions, replied that he did not think it
worth while to put any questiou, as the witness was not likely
Before Mr. Commissioner Vane, insertion in the newspaper, on the 17th of June.—John
To• CERTIFICATE or M. JcLieste.—The Commissioner Scott, trainer, of Yorkshire, said he had trained far Mr. to contradict hie former statement.—Sergt. Thompson ex-
gave juement 00 Saturday in the point reserved in this case. Kennedy, and he had understood from him that Sir Tattooamined : According to information, I went to the prisoner's
He said, in the matter of M. Jullien there is oral one point Sykes was sold for 1,1001., to be paid for by a bill. He apartments on Friday evening, at about eight o'clock and
,
on which I desired to take time to consider. )'have care- had been directed by the plaintiff to deliver the hone to found him in a back room on the third floor. I told
fully considered the suggestion that I should grant H. Mr. Dockeray, which he did on June 11. him the nature of the offence with which he was charged, and
Jellien big certificate on condition of his setting apart a Chief Heron Pollock, in summing up, said this was an he said it wu quitesulficient, he was a chartist, so he supposed
portion of the results of his tuture exertions towards the die- action fur goods wild and delivered, and no doubt in law the he must g o
he was so doing I saw the prisoner eso to a drawer
. Serist. West commenced marching the room,
charge of his present debts ; but I shall not adopt it. I have person who got the possession of any goods was bound to pay and while
long tt ought that the bankrupt law NM over-harsh towards ter them. The question chiefly turned upon a letter written and take out a pistol, which he tried to give to his wife, but
the unfortunate debtor, one absurdly lenient towards the by the plaineff after the agreement between him and the de. in the scuffle he dropped it. I afterwards found that the
dishonest one. The proper mode of dealing with the die: fondant at Ascot Races, The letter was put in by the de- pistol was loaded with powder and ball, and primed. I also
honest debtor who has not accounted for his property would fondant for the purpose of showing that the contract was found a blue flag with the words, " Westminster division"
be to withhold his certificate, restore each of his creditors to still open. The effectof the letter, however, appeared to him printed on it in large gold lettero—Prisoner here stated that
his oriv Mal rigloo, and, by subjecting all property found in to leave the matter in this way—that if the defendant would the flag had seen service before. It was at the first grand
the possession of an uncertificated bankrupt to the law of pay 8501. ready money he might have the horse, or he might demonstration of the National Laud Company, in Hertford-
reputed ownership, enable each creditor to seize it as be pay 1,1001. by bias, provide Ihe procured them [Co be is- shire, and it was also used at Kennington-common on the
could find it. Such a law would prevent concealments, counted so that the plaintiff should receive 8501. in full. Wit- 10th of April. He said be had nothing to say in his defence
by eff• dually thwarting their object, which is
pr an- news had been examined to prove that the defendant had beyond the fact that, as his life had frequently been three-
disturbed enjoyment. But though such may be the prorr accepted the alternative et paying the 8501., for he had tened, be thought he was entitled to keep the pistol in his
mode of dealing with the dishonest debtor, tee proper mode stated before them,d likewise before the stewards of own defence.—Mr. Henry remanded him until the 31st of
of dealing with the honest bankrupt, who has delivered up the Hampton races, [batan he had paid 8501. for the horse. It this month, the same day on which the other delegates are to
everything, is to make him a new man, to enable him to re• was clear that in any view of the transaction the defendant be examined.—The prisoner then wished his worship good
enter the world of industry totally unshackled. If he has no never had paid the money, and it would be for the jury to afternoon in the mat polite manner, and was removed to the
property, he shoal fat all events have no burdens ; and the decide whether the defendant had accepted the alternative station-house, followed by his wife, who evidently wished to
contrary course is, in my opinion, equally unjust and ice- of paying immediately for the horse or not. If they came to speak to him, but was prevented. It seems that a great
politic—impolitic, because its probable effect must be to the conclueion that he had done so then the verdict must number of papers were seized in Cuff'', lodging.
check his future exertions, and thus defeat its own object. It be for the plaintiff. The case in some measure turned upon WORSHIP-STREET.—CHAIWE or FORGERY.—S. J.
is difficult enough to get on in the struggles of life without the irregularity of the bone being delivered up without an Butler, a watchmaker, was charged with uttering a forged
capital, and with the discredit of a former failure. I will not express order to that effect, and whether it was not intended acceptance with intent to defraud Mr. Dyer, a watchcase
add to that difficulty the burden of old debts in a case like that the delivery should only tales place upon the payment maker.—The prosecutor said that in January, 1846, the ti-
the present, where there is not the least reason for thinking of the money. It appeared from the letter of the plain- soner, who was indebted toe m about 301. foe goods supplied
any property has been concealed. It is true M. Jullien tiff that he had no idea that the bone was in the in the course of trade, gavhim in put payment a bill at
produces nothing for his creditors; but why is this 1 Be- possession of the defendant, for he slid if he (the three months' date for 101. 2a., purporting to be the accept-
cause the principle of the law is, that the creditors of an in- defendant) did not purchase the animal, be should and of George Woodgate a bookbinder, in Noble-street,
solvent may scramble for his property, and the fortunate take him away from the person who then had the City, who, when the bill became due, denied the acceptance'
scramblers in this case were an attorney and a sheriff's custody of t ins, and give him over to another trainer. It The 'bill was now produced, end had never been paid. The
of.
nearly , who between them have divided property worth was easy to unerstand that the defendant, being desirous of day after it became due complainantaaw the prisoner,and told
6,0001. I hope that M. Jullien's future career mini the hen* at Hampton, should desire to keep the him that it was not Mr. Woodgate's acceptance, but he in-
edit be mere fortunate ; and if he is hereafter enabltd of him ; but the question would be whether the slated that it was. Shortly afterwards, however, he left the

NAVAL.
MOVSSieNrs.—The Imenm, Daring, and Bermuda were
at Poet Lloyd on Joly 2J; the I) sing want./ roil fur Bluetlekls nn the
25th, with Mr. Christie, the consul. Vixen, at Port-au-Prince. II mud
arrived on Air t. 3, :it Bermuda. 20 days from ix, where alit left J
H.M.S. Write, le y, 8 47 of Earl DondOnald.
PORTAMOI,III, Al7O. 20.—Sir C. Napier is c %vented to
return to Conk immediately, and, collecting the squadron placed under
his command for partkular service, to proms d On a mime in pursu-
ance of nrigind order.. 'lto. Frolic, IG, Cum. Vimpittart, had arrived
at Cork form Waterhad, and had born ordered to tole on board
three months' i toe.donw —The foil owing panes at this and other
ports will be redo n rt. contniankrn at nn early period, but it is very
uncertain what shq.nn 1,0 be commissioned ,: to the reduction of
men required to meet the new an-am:entente Cleopatra, Amorist
(st.), Dauntless ;st.t. Encounter lot.', Knogtisher, Cary,fort, Orepand
tea,
Albion, America, ivelorrine, IrM, Vulture, Persia, Spiteful,
Sher. - Orders .n e here fur the Celleisle. tr.ehlp, Capt. hiageornr, to
to Ilevan:ort, if she should touch at ,pithead, to be paid off.—
=ex, Si, r new guard rk, was taken out of duck into the basin on
Thursday, and welt moiler the sheers to receive her screw, which is
made ut mixed metal, and neighs nearly right tons. Iler engines
will be tried on th basin, end she will be tinted with all %mediate des-
patch for service.—The Thunder, sureeying.v., Capt. ltamett, ar-
rived yesterday treeing from the Wet Index. The intelli2ence she
beings from that quarter in nut so recent as that biauaht by tine
packet. The linundcr wit proved to Woolwich to be paid
off,—'pre }Lover, 8 guns, teem Plymouth, fur the cruet of
Africa, called nt Madeira on the 13th ult.. and proceeded.—The
'feelings, 72, called ou the wow day. detained for the Batt
and proceded en the 18th for Rio de Janeiro.
Davoteporr, Aro. 19—Linnet, 6, Lieut..C3tn. James,
haring refitted. sailed out of harbour this morning, and procreded
direct to Val.-min, to take out the next mail to larnoth—The Race-
horse, IG, Capt. sl ...hell, was mustered and inspected this morning
by Capt. S rT. of the San Josef, and eosin into harbour to
be paid oft.
WOOLWICH, Ara. 19. Gleaner, st.-y., A-ting-Ideoter
Itallipter, tartest this a!nernonta P ono Portsmouth, for the purpose of
amending upon nine Plumper screw st., stoop, in her passage to that
part,—Mr. T. t the master-attendant int taint port, who held the
rank of lieut.-ve's'sel in the dockyard briaode, died very suddenlr, at
hf, reaidrn•e, this nutmeg, haunt half-poet three u'efock. Ile had
Jleen in 111 health for aortae time,l
but had rallied and rieumcd his
as wart was taken ill about three o'clock, and expired in
about half an M ur.
ADMIItAL:e. Aro. 19.—APPOINTMENTS.—Miasbipman :
E. J. Squire, to Fanithanapton.—Naval Cadet J. R. O. Cooper, to

MEDICAL.
ROYAL Cuttudit or Sunonoss.—The following gentle.
men tiarlog unit, ntinie the necessary examinations for the diploma,
were admitted rembers of the college at the meeting of the court of
cumin, .s un the lailt mat., being the I.lst OCC:ei.JS of meeting this
seeaixi—Meters. 5. W. Aldred, Great Yarmouth; R. li. Dothan),
Omits= ; 0. P tivrecting, Dorset; R. W. Gillespie, Newcastle-upon-
Tyne; J. (.1 Thompron, it. italyn, Cornwall; S. G. Camtake, Kirk
Langley, Derbtihire ;C. B. Ba.ollo, Queen's-road, Bayswater; J.
Stevenson, Peckham; W. V. E. Reynolds, Dublin; W. A. Jacob,
ball.; 11. R. llolewil, Park-Line, Leis; D. Asbury Enfield; J. 11.
'crewed, lilingtin; and W. Naismitb, Ilamiltoo, Laiurkshire.
Arorn illts' ittcy,.—Nautta of gentlemen who pruned
their examination it the wiener and practice of medicine, and re-
mised csstitioatiii to practise, on Thursday, Aug. It D. Mackinder,
Barton-under-Nredwood, Mandril; 0. it. Cubit; Norwich; F. C.
Cory, In .dow; Jr 8. Gawky, Landon; G. Grayling, Sydenbain.

SPORTING.
Di.:TTING AT MANCLIESTER—Fatnay.
Eno• HANDICAY.-4 to 1 apt Dough (t), 6 to 1 apt
Elknlale, 6 tot set Meaux, Bto 1 apt Remembrance tt), 13 to 1
apt Sir Martin, 11 to 1 apt Idicaria, 16 to 1 keret Lade Casino. 26
to I *gat niece Charlie. Dough was backed for 1501. at 3 and 4to 1,
and 331 to 200 laid en him age Remembrante.
GREAT YORKSHIRE OTAKES.-5 to 4 offered on Springy
Jack.
ST. LEONE.-5 to 2 apt Springy Jack, 7to 2 apt Flat-
esteber, 4 to 1 ogsst ALARA to Ireland ;utters to talm, I to 1 kW Sur-
plice, 25 to I exit Canaan (taken to a small artssun...
GREAT YORKSHIRE HANDICAP (at Doncaster).—S to 1
spot Cawrood. (t), 10 to I spa Remizi•cence, 10 to I apt Executor
(C, 14 tot agst Yardley (t), 14 to apt Lady A2dair ;offers to take),
15 to 1 ag,t Allimce (offers to take!„
DERRY.—Nothing done on the Derby, but a fair amount
of business on liandicap and Stakes.

Eab3 -7:itttlitstnte.
JUDGES' CHAMBERS, SERJEANTS' INN.
Before Mr. Baron Alderson.
Hecursx r. KINOETT.—RIOHT OF FATHER TO THE
CI:3TOOT OF DACOHTER —ln this case a writ of habeas
corpun had been issued at the instance of Charles Melilla:, a
butler in the family of a nobleman in Portland-place, directed
to Elietbeth Kingett, his sister-in-law. of the Fulham-road,
to bring up the body of his daughter, Ann Hallifax, aged 15,
with tiv cause of her detention, and to show cause why she
should not be restored to the custody 01 her father, the appli-
cent. Ihe perties' in pursuan:e of the writ, now appeared
before the learned baron, the deughter twit:ft accompanied by
her mother and her aunt, Mir? Eiizabeth Kingett, against
whom the writ wax issued.—Mr. Howe, from the
effice of Mr. R. Simpson, appeared in support of
the writ, and stated the fat's of the cue as aet forth
in the affidavits. The applicant and his wife, although mar-
ried, had resided in the same family in which he now lived,
their daughter, the object of the present application, being
placed at • bearding-school in Ore at Cheetertiehi- street, May-
fair. The wife, who is rather a pretty woman, always exhi
bleed a very dashing appearance, and about nine or ten
months ego she b !came acquainted with Mr. Bannister, a
retired solicitor, then raiding in the Fulham. road, by whom
she was induced to lease her husband, and take up her Ceti.
dente with him, which she did, and lived with him until within
about two months ago, when he died, bequeathing the whole
of his property, part of which was the hcuse, most hand-
somely furciahed, in which they lived, to the sister, Elizabeth
Kingett, for her and her sister's benefit, it being left to the
sister to avoid the husband eleimise. On March 29 last, un-
known to her husband, the wife, Mrs. Hindu, succeeded in
decoying their daughter away from school to live with her at
Mr. Bannister's house, where it appears she has ever since
remained; and since the death of Mr. Bannister it is alleged
that bath Mrs. Halifax and her .lister base been pursuing a
very questionable life, and this coming to the knowledge of
the applicant. Mr. Haliifax, be became anxious to remove her
from her mother and aunt, and accordingly he went to the
house on the 20th June, and there saw his sister-in.law, Miss
Kingett, who is the ostensible mistress of the house, and de-
manded to se e his daughter, with a view to remove her from the
house. He was, however refused either to see her or to remove
her. A great deal of violent recrimination took place, which
ended in the parties appearing br fore Mr. Broderip, the magis-
trate, who declined to interfere, and the present proceeding
was adopted to compel the restoration of the child, who, it was
alleged, was imbibing most improper and immoral ideas. Mr.
Howe, therefore, submitted that the father, being the natural
guardian of his daughter, was entitled to her custody.—Mr.
Sergeant, on behalf of the mother and Miss Kingett, in op-
posing the application, requested that the learned baron
would oursue the same course as that adopted by Mr. Jas.
tire Wightman in a siosi ar case—not to go into the evidence,
but consume the child in private as to her wishes.—The
learned J udge said he would do so,-and requested all parties
to withdraw, and after the absence of a few minutes
all panels were re admitted, when the learned judge
said he had examined the daughter, and her evident wish
and desire was to return to her mother; but as he had nu
power to make such an order on account of the child's age,
he should decline to interfere, and discharge the writ, and
leave the parties to adopt their own course To the evident
astonishment of the court the father and his attorney
immediately seised the girl and forced her out of the room,
during which she uttered loud shrieks, kicking and
struggling t get away, and calling " Mother, mother ;
I gill go with nobody hut my mother.' They, however, got
her outside the chambers, where two other persons had
been stationed by the father to assist in the event of a rescue,
and ult'mately they succeeded in forcing her through Ser-
jeanu' Inn into Chancery-lane, and placed her in a cab, al-
though she screamed and struggled violently. Two of the
City police were called, but they refused to interfere, and the
daughter was conveyed away in the custody of her father.

sentence.
CHARTIST DRILLINO.—WiIIiam Brttan, aged 40, was
placed at the her, charged with having, on the Mb May
last, at Holston Moue, llollinsworih, in the parish of Mot-
tram, assembled, together wilt other persons to the
number of fifty and upwards, and then and there
trained such persons to the practice of militgry exer-
cises, movements, and evAution., without I,gal authority.
It appeared from the evidence adduced in behalf of the pro-
secution that on Sunday the 23th Itlsy, a large crowd of
persons were marching smogs Holston Moor, four abreast, in
reguier military order. The prisoner was at the head of this
body, giving the word of command.—The jury found him
guilty.
Ills lordship, after pointing out the tone
aid ills±aliy of
such conduct, sentenoed the prisoner to be imprisoned and
kept to bard labour for the period of four months

liii,_