The Express.
London, England, 1867-06-12 00:00:00

BAIL COURT.

Sittings at Nisi Prim.—(Before Mr. Justice Lush in 4
Common Jury.)
LOIRE AND ANOTHER E. STRANPFER.

This was an action for an alleged breach of contract rela-
tive to the production of the " Ghost" scene at the
defendant's theatre at Vienna. The defendant pleaded a
variety of pleas, amonpt others that the plaintiff had not
oomphed enth the terms of the agreement.
Mr. Merjeant Parr" and Mr. Wood were eounael forth*
plaintiff. ; Dr. Kenesly and Mr. Anatey were counsel for
the defendant. _ _ .

The plaintiffs are the proprietors of the Pavilion Mode
Hall in the Haymarket, and are licences of Dierks ad
Pepper's apparatus for producing the well known illusion,
" The Ghost." The defendant is the proprietor of the
Imperial and Royal Theatre at Vienna. In duly, 1563, •
correspondence took place between the parties re-
lative to the production of the illusion in
Vienna, which resulted in an agreement between
them, whereby the plaintiffs were to perform foe
14 nights, the defendant guaranteeing the receipts of the
theatre should nightly amount to 3,000 florins, one.h.df of
which should be paid to the plaintiffs. The case, which
lasted the whole of yesterday, was resumed this morels's,
and 14:11 in all probability last till the rising of the court.

COURT OF DIVORCE AND MATRIMONIAL

CAUSIM.
(Before the Judge Ordinary.)
STEEN r. STIEN ANI. GUI% ER.

......
Dr. Deane, 4.C., and Mr. Staveley Hill for the peti-
tioner Dr. Spinks, Q.C., and lie. Glittits for the rapes-
dent. The co-respondent did not appear.
In DIU the petitioner,* printer and stationer at Waiver-
hampton, married the daughter of a metal broker and
banker in the same town. They lived happily together till
1864, and had four children. In that year the respondent
was confined, and her regular medical attendant, Mr.
Glover, being ill, she had the services of a friend of his,
Dr. Edward Thomas. During his visits to her she con-
fessed to him a guilty intimacy with the co-respondent. It
seemed that in 1861 the petitioner had moved
to Wesley-villas, Codeall, a village about four miles
from Wolverhampton. and that while be wan living them
with his wife Mr. Glover was installed in office as the
family surgeon. Dr. Thomas thought it right to com-
municate the respondent's confession to Ler husband,
who thereupon dismissed her from his house. After
the cessation of the cohabitation she wrote several letters
to the petitioner respecting her achuiasions and praying for
forgiveness, but he refused, and instituted the Meryl
suit. The case against the wife rested upon her mamma
coupled with some evidence of proximate acts.
For the defence it was suggested that the coatessiom
had proceeded from hallucination, and that the other er.
dence was wholly insufficient to support the chair
There was a recriminatory ple► against the husband, In:
it was abandoned.
[The case was proceeding when our report WO

OOURT OF BANKRUPTCY.
(Before Mr. Registrar Brougham.)
ft RI G. 08/3011NE, JUN.
The bankrupt was a cheesemonger and provision dealer,
of Russell-terrace, Battersea-park. The debts are r.,2214.
of which 4,41111. is stated to be due to Mr. G. Osborne.
cheesemonger, of Ludgate-hill. The bankrupt thus states
the cause of his failure :—" Stoppage of eupply of goo&
by my father, Mr. G. Osborne, of Ludgate .1.11, end lad
debts." This was the (Int sitting. )Ir. ('oj'°"an•
co.int int. of. St. Swithin's-lane, was chosen wiped ;
Messrs. Linklaters and Co. are the solicitors under the
proceedings.

CENTRAL CRIMINAL COURT•

(THIS DAY.)

(Before Mr. Justice Willem.)
ALLF.GED nem ire car fulmar:.
ae
James 36, respectably dressed, and described
a labourer, was charged with the wilful murder of his em.
John James Mersey.
Mr. Daly and Mr. Griffiths were instructed to prose.
mite, and Mr. Sleigh and Mr. Straight appeared for the
prisoner.
This ease has attracted a good deal of public attesting.
the offence imputed to the prisoner being that he
had wilfully caused the death of his own child.
• boy six years of age, by burning him. The
prisoner lived with his wife at Kensington, and
on the night of the tith May he went borne drunk.
and quarrelled with his wife, and behaved in such a violent
manner that she left the house, the prisoner remaining
behind with the child in question, who was in bed. (JIL
the following morning it was discovered that the child
was dreadfully burned, and was in such a condition that it
was found necessary to remove him to the hospital. where
he died shortly afterwards from the injuries he had
received by burning. There was no evidence to show
what means the bed had become on fire, but the pr
soner stated that he left the room for a short per•
.=
and at this time the candle was on the table, and b
said that when he returned the child told him them
the candle was on the bed, and he took it out, and at tbr
time he said he was not aware that the child was burner.
and it appeared that he had thrown water on the bed, and
had done all he could to extinguish the fire. The prisoott,
there was no doubt, was exceedingly drunk and virdent:
but there was no evidence that be had any ill.fesha
towards the deceased child, and his oonduct toward...!
when ho was sober was generally kind and affeetiona":
and upon his awaking in the morning and discovering th**
the child was suffering from burns, he was very much di'

.1. called for a cab to take hhe dear child to the
. . - -

The learned counsel for the pmsecution having opened
0. facts to the jury, expresned his opinion that he should
clly he justified in asking for the conviction of the
i•••alci of the Iwrious crime of wilful murder, but he
that if the jury should lie of opinion that be
of gross and culpable negligence in placing a
ii4l.ted candle so near the bed where the child was lying,
y would be justified in finding the prisoner guilty of
• ~,-Laughter.
Justice Willes said it appeared to him that upon
th• fact. the prisoner was guilty of the crime of murder,
lu b. 1.1 not committed any ott.:nce at all.
Mr. Daly said he had carefully considered the evidence
Le did not think be should be justified in asking the
•:,I y to convict the prisoner of the crime of murder.
The jury, therefore, under the direction of the learned
returned a verdict of Not Guilty.
• Tlic prisoner was then charged with unlawfully assault.
M.: his wife, .tnne Morney, and cawing her actual bodily
L Me. _ _

The evidence of the prosecutrix, which was evidently
i vn with great reluctance, was to the effect that on the
same night the unfortunate child received the fatal inju.
13., which caused its death, the prisoner met her in the
street, and ordered her to go home, and when they got
there he attacked her, tore her clothes off her back, and
burned them, and then beat her in a most brutal manner.

The prosociatris admitted that she had been talking to a
young man and was very drunk when the prisoner met
tier and that she had been drinking all the afternoon
instead of going to work, ax prisoner expected she hail
done.

Mr. Sleigh, in addressing the jury for the defence,
called their attention to the painful character of the
inquiry, and he argued that in the drunken and excited
condition in which both parties were at the time it was
impossible to come to a clear or aatkfactory conclusion as
to what really mooned, and that at the utmost the jury
would not bo justified in convicting the prisoner of •
more serious offence than • common assault.

The learned Judge having summed up. the jury, after
some deliberation, convicted the prisoner of the minor
..ifence.

His lordship, in passing sentence, said he believed that
tie death of the child was the result of accident and
he diould therefore not take that fact into consideration
in his judgment. It was, however, a very serious offence
for a man to commit violence towards his wife, and he
Mould pass the extreme sentence that could be inflicted
it a magistnito in such a case, which was one of six
months' imprisonment and hard labour.
(Before the Recorder.)
rosT-6FFICI PROSECUTIoNS.

lE;flicrns Thomas Cozy a letter-carrier employed in the
General Post-office, was indicted for stealing a post letter
containing 122 postage stamps, the property of her
liAjesty's Postmaster-General.
Mr. Meta,lfe, instructed by Mr. Peacock, assistant soli-
citor to the Pest-office, prosecuted.
In consequence of suspicions entertained a test letter was
made up with I= postage stamps marked, and that letter
WWI directed to Mr. Barker, a bookseller, No. 20, Gemmel'.
street, which was in the prisoner's delivery. That letter
was posted on the evening of the 30th May but never
reached its destination. On the morning of the 31st May the
prisoner was interrogated, when be declared that he knew
nothing about the letter. lie was detained while his
lodgings were searched by Ilumball, the Post-office con-
stable, who discovered • pocket book containing the 122
marked postage stamps. When told of the discovery, the
prisoner said, "I am very sorry for what I have done, but
I must plead guilty."
The prisoner, who exhibited deep emotion, had nothing
to say in his defence, and the jury without hesitation re-
turned a verdict of Guilty.
. . .

The Reconler deferred passing sentence.
(Before the Common Serjeant.)
MIGANY.

Charles Lewis Pirkerimi,;;sii; of gentlemanly appear-
ance, Und described as an artist and ►uthor, pleaded guilty
to an indictment charging him with feloniously intern ar-
:g Xlizabeth Rutter, his wife Louisa Joyce being Mill

Mr. F. H. Lewis appeared for the prosecution, and Mr.
Ribton for the prisoner, and he urged that his client bad
bcen separated from his first wife some time, and went
abroad, and on his return he, believing his wife to be
dead, intermarried with the prosecutrix, who now ad-
mitted that he had treated her with very great kindness
daring their cohabitation together.
The Common Berjeant sentenced the prisoner to six
months' imprisonment, with hard labour.

THE POLICE COURTS.
(THIS DAY.)

MANSION-HOUSE.

ANOTHER FEMALE BARMAN."

A young female, who stated her name to beJone
but wearing the attire of a boy, was brought up in custody
and charged before the Lord Mayor under the following
circumstances:

Police-constable Allman, $6O, deposed that last night,
shortly before 12 o'clock, he was on duty in Bishopegate-
street Without, when he found the prisoner dressed as at
present sitting on a door-step apparently in • very weakly
condition. He accosted her, and requested her to go
home, when she stated that she was very
tired anal hungry, having bad nothing to
eat since Monday morning, that she had no money, and
had no home to go to. He then told her she must come
with him, when she replied that she was • girl and not a
boy, as from her clothing he (the constable) might sup-
pose. He then took the prisoner to the Bishopegate
police-station, where the female searcher ascer-
tained that the prisoner's statement as to her real
sex was correct. On being interrogated by the in-
spector on duty the prisoner stated that she had
close from Sunderland by the steamer on Sunday last,
with the object of getting • better situation in London.
She stated that she had been employed as barman or
waiter at the Jamaica Tavern, High-street, Sunderland,
for the last two years, wearing male attire all that time.
When asked how it was that her true sex had not been
discovered during her service in Sunderland, she replied
that she had always had a bedroom to hereon.
The prisoner, who appeared to feel acutely the position
is which she was placed, stated in reply to the Lord
Mayor, that she had a sister married to a doctor, living
to Sunderland, but that they had • very large family, and
►ere unable to do anything for her. She further replied
th►t she did not know what she should do now, that she
had come to London, but that she would not like to go
back to Sunderland. She was not possessed of any
female clothing, in fact she had no other attire except
that she was now wearing.
Tee Lord Mayor, after conferring with Mr. Oke, the
chief clerk, said the beet course to pursue would be to send
the prisoner for the present to the workhouse for • few
days, when she could reflect and make up her mind as to
what she would do, and also to enable the court to con-
sider what should be done in her case.
The defendant was then sent in charge of the female
sandier to the workhouse.

BOW-STREET.
CHARGE AGAIRRT A BARMAN.
Georrpe Pariah, late barman to Mr. Mills, of the Radnor
Tavern, corner of Chancery-lane and Holborn, was brought
up on remand on the charge of stealing money from his
master's tin.

Mr. Abtrinis conducted the proseoution, and Mr. Lewis
sea., appeared for the defence.
Mr. Abrams said that in consequence of the publicity
given by the press to the proceedings at the fonner
examination, one of the gentlemen who saw the
prisoner taking money from the till had come
forward and would now be called. Mr. Abrams also men-
tioned that upon a comparison of accounts for the week
prior to the prisoner's apprehension with those for the
week subsequently, there was found an increase of nearly
4W. in takings. Taking this fact in connection with the
money, dm., found in the prisoner's box, and also remem-
bering that the money consisted to a great extent of half-
sovereigns, and that such coins had frequently been missed,
Mr. Mills had little doubt that this system had been
carried on for some time.

Dir.3landen,publican,Walton•street,Fulham-road,stated
that on the day in question he WAS with a friend taking
tome refreshment at the bar of the Radnor, and saw the
prisoner standing behind the bar without an apron. The
Prisoner went to the money drawer, took some silver from
the till, and put it in his waistcoat pocket. Witness being
for a moment uncertain whether the prisoner was one of
the barmen or some member of Mr. Mills's family, asked
the prosecutor, " Is that young man a relation of yours r
and on Mr. Mills replying in the negative, witness told
him what he had seen.
The former evidence having been read over,
Mr. Lewis said that the charge seemed to him chiefly to
rest on the suspicion with which the prisoner had for some
time been regarded b 7 his master. But although half.
sovereigns had been missed, and half-sovereigns had been
lotted in the prisoner's box, it was extremely improbable
that this was a secret store of stolen money. It was not
likely that a thief would keep his booty in the house when
the Poet-office savings bank afforded inch facility for se.
curing it. There was no reason why the young man might
tot have saved the amount. He had good wages and
'au a ste►dy young man. As for the money which he
took from the till, it was not likely that he would have
tden it so openly if he wante4 to steal it. He merely
ts,i it as change for a larger coin, as he wanted the small
'airy to pay a washing bill which he expected the
laundress to bring in about that time. Mr. Lewis was
ant to call witnesses, when
Flowers observed, that whatever the witnesses might
rove, he should send the ease for trial, though Mr. Lewis
aal made as usual a very ingenious defence.
trail The prisoner wax committed for trial, but admitted to
, in two sureties of 50/., and his own recognisance
of 1001.

CLERIOENWELL.
ROBBERY OF THIRTT-TWO LAMM
John Reade, s cattle drover, was charged with stealing
2 lambs, the property of Mr. John Fuller, toaster drover,
013. Lyon's-mews, Meids-hill, Paddington.
Mr. hicketts, solieitor.appeered for the prosecution, and
Mr. Walther for the defence.
The fact. were very simple. The complainant, on the
Vth of May, placed 71 lambs it. his held at Tuffnell-pork,

and in the following morning found 32 of them gone
On the. night of the robbery the prisoner was seen driving.
some lambs from the direction of the prosecutor.' fields.
That was about 11 o'clock, and when he was taken into
custody by Police-sergeant Older, it Y, he said be went to
bed that evening at a o'clock, and did not leave bin room
until the following morning. This was denied by the
prisoner's master, and on the way to the police-station
he said, " I think it is nearly time I turned up
my little game if I am to be pulled into these
kind of things, but I ain not going to take this
all alone." The prosecutor had offered a reward of 501.
for any information relating to the miming lambs, which
were marked with green paint on the top of the head and
shoulder.

Mr. Ricketts asked for a further remand, and stated
that on the next occasion he should be able to produce
further evidence.

Mr. Wontner asked that the prisoner might be admitted
to bail, but the application was refused, and the prisoner
was remanded.

DIESENTING TWO W I VEB.

James James, aged 29, of Brunswick-street, St. Pancras,
a glass-grinder, was charged on a warrant with deserting
his wife and three children, whereby they became charge.
able to the pariah of St. Pancras.
Mr. Thomas James, assistant relieving overseer to the
pariah of St. Pancras, said the defendatt's wife, Mary
James, and three children, became chargeable about a
month since. She has been receiving out-door relief. He
met the prisoner in the Gray's-inn-road, and asked him if
his name was not James. He denied his name at first,
but afterwards acknowledged that his name was James.
Since he had deserted his wife be had married another
woman. Both the wives are chargeable to the pariah of
St. Pancria.

G—
eorge Loader, oonstable of St. Pancras, said be took
the defendant into custody in the Gray'ninn•road. He
said be had been to Birmingham to get work as trade was
slack in London.

The defendant said he had nothing to say in answer to
the charge.
The magistrate sentenced the defendant to three calendar
months' hard labour in the House of Correction.

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WINDSOR MEETING.-(THIS DAY.)