The Express.
London, England, 1866-12-12 00:00:00

r,r ,
SS' WEDNEithii - ,
EVENING, 1)1' ECE"rmig.. r rfl
is 12,

RTZE INTELLIGENCE.

The Foreman afterwards esid—We find, my lord, that I
the prisoner is not in • condition of mind to plesd, from
unsoundness of mind.
ner be kept in strict custody
The Judge—Let the priso
until her Majesty's pleasure is known.
Tregiamter vas removed from the dock to one of
the

BROM

NORTHERN CIRCUIT. —MANcirwritz, DEL 11.
Mown Comm—Mehra Ur. Justice Blackburn.)
TIM MANCIIIIIIMIZ RAMP-01710E 1011111137.
No further evidence eras offered this morning for the

prosecution.
Kr. Holker addremsd the jury for Batt. Kr. Dotting-
hem followed on behalf of Lemma. Kr. limjeant Simon
addressed the court for the Mullane.
Witticisms were then celled for the defame, the object
bring to show that Batt was in London on the 28th of
Key, and concluded an agreement for a house on that
day ; and that Leeson was in Paris on that day (Saturday),
and wee spoken to on the Bois de Boulogne cc the Sunday.
The jury returned a verdict of Going. Bach prisoner
pleaded guilty to previous convictions. Leeson end the
two Douglas°, were each sentensed to 15, and Batt to 8
years' penal servitude.

DURHAM, DIM. 10.
(Before Yr. Justice Lush.)
The court sat this meaning in the court-house, Durham,
at ten o'clock.
Cuthbert Redleant Carr, 18, described as a labourer, was
with having, on the 13th of April, wilfully mur-
cdts3edSarah Melvin, five years of age, at Carr's-hill, near
Gateshead.
Mr. Meynell and Mr. H. W. Wright appeared foe
the crown ; and Mr. Blackwell with Mr. 'Campbell
Foreter for the prisoner.
The court was densely crowded with persons anxious to
hear the ease ; and among those present was the prisoner's
father, who is a gentleman occupying a good position in
Gateshead, and who is highly respected by those who
know him. It will be remembered that the murder was
of a very brutal character. On the day in question the
deceased had wandered from Cur's-bill to the Felling in
march of her mother who was engaged bemiring. She was
afterwards seen proceeding toward' Carr's-lull 14
narrow footpath lying between that place and the F -* •
After dark her body was found by a man and his • e
lying amuse the footpath. Her hands were tied together.
and a piece of cord was tightly bound round her neck.
She had been outraged in a fearful way. In vain did the
polioe exert themselves to discover the murderer, and after
several weeks the government offered a reward of 1001. to
any person who would supply such information as might
lead to the apprehension of the guilty party. Even this
had not the desired effect, and the murder remained as
mysterious as when the coroner's jury returned a verdict
of " Wilful murder against some person or persons un-
known." Some time after this, however, the prisoner,
who lived in his father's house, within 100 yards of where
the body was found, waited upon Superintendent Elliott,
at the Gateshead police-station, and confessed that it was
be who had murdered the little girl.i He was taken into
custody, afterwards making two confessions in which
he gave full details of the murder, w 'eh showed it to have
been of the most revolting and cruel character. He bad
forcibly carried the deceased from the footpath as she was
on her way home to a hay-loft belonging to his father, and
there, after outraging her, he put her to a cruel death in
the way indicated above. He afterwards conveyed the
body from that place, and laid it across the footpath where
it was found. The prisoner appears to have been regarded
of weak intellect since his infancy. He had never been
treated as an insane person, however, and he bad been
apprenticed to serve his time in a large glass manufactory
in Gateshead. It was understood that his counsel would
endeavour to prove, in his defence, that he was not of
sane mind and it was expected that the trial would be a
very lengthy one.
When placed in the dock this morning he had the same
strange and eccentric appearance as when before the
magistrates. His head leaned to one side, and his eyes
were exceedingly restless. He entered the dock with an
air of careless indifference, and, as formerly, there was a
peculiar and suggestive smile on his countenance. He
should have been tried at the last assizes, but the trial
was postponed in order that further inquiries might be
made into his state of mind. The long confinement does
not seem to have affected his health in the least. He is a
strong built young man, and he possesses a rather pleasant
appearance, while his head is fully developed in every
region.
The jury having been empannelled, Mr. Hays, the clerk
of arraigns, said—Cuthbert RoJham Carr, you are charged
with the wilful murder of Sarah Melvin ; how say you, are
you guilty or not guilty'
Prisoner, in a clear and distinct voice—l am guilty.
(Sensation.)
The Judge—Do you understand what it is you are
pleading guilty to' His counsel had better speak to him.
Mr. Blackwell then entered into a conversation with the
prisoner, who listened attentively to the remarks made to
him by his counsel.
Mr. Brewis, solicitor, also spoke to him regarding the
matter.
Mr. Blackwell—He says, my lord, that be will con-
tinue to plead guilty unless his father apologises to him
for having bound him to work in the glassworks. (Sense-
tioo.) If his father apologises to him he will plead not

guilty.
Prisoner—l plead guilty still ; I have not changed
my mind. But if my conditions are complied with, I
will—
The Judge (interrupting)--Are you aware that if you
persist in that plea I will sentence you to be hung!
Prisoner—l plead guilty still, and will take all the con-
sequences thereof. (Sensation.)
Mr. Blackwell—He would plead not guilty, my lord, if
they apologise to him for having bound him es an ap-
prentice.
The Judge—Do you know anything about the state of
his mind!
Mr. Blackwell—My lord, we can give evidence on that
point. We have a doctor who has attended him.
The Judge—Do you know that you will be hanged if
you persist in that plea of being guilty!
Prisoner (with much determination)—l cannot act
against my conscience, however it may be with me. (Sen-
sation.)
The prisoner's father then approached the dock, and he
was allowed to hold a consultation with his son, extending
over one or two minutes.
Mr. Blackwell—The prisoner, my lord, says he will
plead not guilty on the condition that he formerly stated.
The Judge—ls he in a state of mind toplead at all? We
had better try to get that question settled.
I
Mr. Blackwell—Yes, my lord, shall call a witness who
will give evidence on that point.
The jury were then sworn to try whether or not the pri-
soner was in a fit state of mind to plead to the charge, and
Dr. Robert Smith, of Sedgerield Lunatic Asylum, was
called as a witness, and examined by Mr. Blackwell.
The Witness said—There are 400 patients in Sedgefield
Lunatic Asylum.
Mr. Blackwell—Have you seen the prisoner!
Witness--I have. I have seen him three times. I saw
him this morning.
Mr. Blackwell—Are you of opinion that he is in a state
of mind to plead to this indictment?
Witness—Certainly not.
The Judge—Why can he not plead to the charge!
Witness—He is unable from uusoundneas of mind.
The Judge—l understand you to say that by reason of
his unsoundness of mind he is not in a condition to plead
Witness—Yes, my lord.
The Judge—lt is for you, gentlemen of the jury, to
say whether or not he is in a state of mind to plead to
this charge of murder. If you are of the same opinion as
the witness you will say so. If such be your opinion he
will be kept in custody till her Majesty's pleasure is
known. You will say what you think.
Mr. Blackwell—My lord, the gaol surgeon who has at-
tended him is also present.
The Judge—The jury may hear his evidence if they
wish.
Foreman of the jury—lt would be more satisfactory if
the gaol surgeon were also called.
Dr. Shaw, surgeon of the Durham gaol, wetthen called
and examined by Mr. C. Forster.
Witness said—l am a surgeon practising in Durham,
and I have been surgeon to Durham gaol for 30 years.
Since June last, I have, in the course of my duty, had to
visit the prisoner, and I have formed an opinion as to the
state of his mind. I have seen him nearly every day.
Mr. Forster—What opinion have you formed regarding
his state of mind?
Witness—When I first saw him I formed the opinion
that he was an imbecile, and that is the opinion I still
entertain. In fact, I think his imbecility is on the in-
crease.
Mr. Forster—Do you think he is in a state of mind to
plead to this charge ?
Witness—l do not think that he is.
Mr. Meynell—My lord, I wish, on behalf of the crown,
to put a question to this witness.
The Judge—Certainly.
Mr. 3leynell—How long have you been of that opinion !
Have you always given that as your opinion!
Witness—l have always been of opinion that the pri-
soner is an imbecile, and I am of opinion that the imbe-
cility is on the increase. I have seen more of this within
the last week than I ever saw before.
Mr. Meynell—To whom have you said before this that
he was unable to plead?
Witness—l said so to Mr. Brewis, solicitor, to Mr. Black-
well, and to Dr. Smith.
Mr. Meynell —Are you aware that be has been examined
by medical men from other asylums who hold different
opinions from those you entertain ?
Witness—tio ; I do not know that others have examined
him.
Mr. Meynell—Have you conversed with the prisoner
with reference to the crime with which he stands charged?
Witness—l have.
Mr. Bleynell—Well, do you not think that he knew the
nature and the consequences of the crime?
The Judge—l must not allow the question to be an-
swered. You are going too far, Mr. Meynell. The sues-
tion for the jnry to consider is whether or not he is in
a state of mind to plead ; and you, Dr. Shaw, believe
he is not!
Witness—He is not atle to plead, my lord. He cannot
appreciate the consequences.
The Judge—He is, in your opinion, unable to plead!
Witness--He cannot understand the consequences.
The Judge—Gentlemen of the jury, it is now your duty
to consider whether or not the pthima. is in a state of
mind to plead to this charge.
The jury then held a short consultation without retiring.
and

FAZSITIL

DIAXIS Or SOLIOTTOIS AND FONIIIIIZ PARTIMIWIII 10 IS
ONTADDID i 113 Orr= OF TER MIMI SlOffirSki•
000 n Or 11•11/111P1Or. 11•1111011.91,1•402.24
JoRS MARL Upper Cheideamews, Bedfordatiest, cab pro-
VP=. to surrender Dee. 24, at U.
Okas, Ded Licoetreek Cleekenwell. and Hew New-
gate-market. meat salesman, Dee. 24, at 11.
HURT Kamer. Roams, Zest,4itrest, Bethnal-green, late omni
bus proprietor, Der 114, at 11.
Mann fflio Tsars, rembrolsamed, Ws/ffiametew, plumber,
Dee. 24, at 11.
Wawa( Jane AITILL. Deston-read, and ekewbere, soder.
taker, Dec. 11, at 11.
Brauer, Doffs Lawn, Park-terms, ResenYeverk, Maier,
Jan. 8, at 11.
Jogs WILLIAMS, Mile-end-road, okeseemonger, Jan. 8, at 11.
Cnierorna Smairlsr, Maraniereterram, Peekhant, licensed
Tic:Mailer, Jaw 11, al
JAUS Srurreoe, Rag Denham and Maps Lynn, sods water
manufacturer:sl;lM Z.
home Caenlt, , Thisbnry, tinplate worker, Jan. 9, sall.
Ails ESKERS, B 4t., °olden-sq., lapidary, Jan. 9, at 11.
Ruffian Joeffini WOOD, Prospect-place, Stoke Newington, late
chins dealer, Jan. 9, at IL
02011 n Uglier NICHOLS, SohaegUare, Manager to a Whiter,
Jan. 9, at 12.
RICHARD HELMET, Folkel•011e, late farmer, Jan. 9, at 12.
Geosos BIICELXT, Orford-atreet, saddler, Jan. 9, at It.
Berne Gnomon Piaaisin, Bombay-street, Bermondsey, leather
dreamer, Jan. 9, Dudley,
WILLIAM Cowrie, ettmnies clerk. Jan. 14, at It
JOHN Davila MORGAN, Biwa., lionatouthabint, auctkorser.
Dec. 22, at 11.
name= ADAM, the Cwm, near Newport, Monmouthahlre,
grocer, Dee. 22, at 11.
Moue Bean SUIERM, West Taignmonth, clerk in holy orders,
Dec. 21, at It.
Join Boffins) TIRE.!, Exeter. emended= WIC Dec. 21, MIL
J Len EAT, Great Grimsby, clothier, Jan. 9, as it
JOHN WHITFIELD. St. Helen's, Lancuhlre, grocer, Dec. 21, at 11.
JOHN ACM, Southport, Lowish., coal merchant, Dec. 19, at 12.
JOHN EDDOWIS and MMUS KDDOWEIi, Liverpool, provision mer-
chants, Dec. 21, at 11.
JOHN LIICUTER, Salford and Manchester, timber merchant,
Dec. 21, at 11.
THOMAS Lairrox, Stockport, grocer, Deer 21, at 12.
THOMAS GOODEN and JAMES ALMOND GOODIN, Bolton-le-Moors,
oil merchants, Dec. n, at 12.
liffiraielffia Tan Newcastle4pon-Tyne, Iron merchant, Dec. a,
at 11.
WILLIAM HOPTIM, Barnard Castle, Durham, seedsman. Dec.
21, at in.
°FORGE WOOD, Sunderland, shipbuilder, Dec. 21,' at Ile.
EDWARD ILIFF, Bishorreannonik, Durham. Umber merchant,
Jan. 10, at 12.
Owns SHANKS. Oldham, millwright, Dec. 27, at IL
THOMAS SHANKS, Rochdale, engine driver, Dec. 22, St
11.
STEPHEN CltrralloW, Sheffield, bone.handle cutter, Dec. 27, Mt
JOHN THOMAS, Lengonoyd, Glemorposhire, farm labourer,
Dec. 2E, at 11.
THONAS HARRIS, Luton, whaelini&t, Dec. 19, at 10.
EMANUEL HAWES, Hating., mall driver, Dec. 29, at 11.
CHRISTOPHER Dwain, Ripon, Yorkshire, labourer, Dec-22, at IL
Rosser HOLDER, Cheltmham, market gardener. Dec.ll.
EDWARD PTLZ RICHARDSON, Loughorsley, Northumberland,innkeeper, Dec. 27, at 10.
WILLIAM NIXON, Langton, Staffordshire, working potter,
Dec. 21, at 11.
WILLIAM FEAlRS,liinnhivie, Durham. publican, Dec. 22, at 12.
ROBERT 11 mane JISSOP, Huddersfield, shopkeeper. Dec. SI , at 10.
Jon Fawcarr, Stokeeley, Yorkshire, plumber, Dec. 19, at 11.
SAMUEL JIMEiI, Jun.. Wavertrearoad, near Liverpool, fruiterer,
Jan. 2, US.
RICHARD ELKANAH lions, Lincoln, surgeon, Dec. 27, at 11.
JOHN CLARKE, Nottingham, bookkeeper, Jan. 2, at 11.
THOMAS MAT, Alrewas, Staffordshire, Journeyman bricklayer,
Dec. 21, at 10.
JAMES CHAMPION, Jun., Nevenden, Earner, grocer, Dec. 22, at 10.
JOHN BIRCH, Shrewsbury, stonemason, Dac. 28, at 11.
ANNN niti,ollo, Pembroke Dock. victualler, Dec. 29at9i.
GEOROB BoLAM JACKSON, Newcastle-upon-Tyne, late grocer,
Dec. 22, at 10.
STEPHEN MARCY WODTTON, Blourich, Staffordshire, shoemaker,
Dec. 21. at It
JOSEPH BREST?, Manchester, landscape gardener, Dec. 21, at li
RICHARD SANDERSON, Chorley, Lancashire, late Innkeeper, Jan.
10, at 10.
WILLIAM HIGGINS, Wingrave,Bucks, beerseller, Dec. 29, at 12.
ELIZABETH SARAH WATERS, liythe, Kent, lodging-house keeper,
Dec. 19, at 11.
SAMUEL Mareoll9,Bandwell,Devonsh., accountant, Dec. 2 ,atll.
(-MARL= ORS? Tr MULL Exeter, baker, Dec. 22, at 11.
BANKRUPTCIES ANNULLED.
Nor. 29. Louisa. LLSKRVI, Pritchard's-road, Hackney-road, toy

_
dealer.
Dec. 8. ALEXANDER WILLIAM DON LMAIRIB, Untieln'seinm
fields, attorney.
Nov. 22 JAMES Hemel' (WPM, Southend, late wine merchant.
Dec. 1L WILLIAM Cuss. Blackfriars-road. saddler.
DECLARATIONS OF DIVIDENDS.
THOMAS ABBOTT and ALEXANDIARUES, Livesey, Lancashire
—let dividend of Is. Od. on new proofs, and 2nd dividend of
2s. 61d. on whole proofs, any , at Idorgan's, Man-
chester.
EBENEZER HOLGATE and JOBE WALMSLIT HOLOATI, Over Dar-
well, Lancashire, upholsterers—lst dividend of le. Sd. on new
proofs, and 2nd dividend of Bjb on whole proofs, any Tues-
day, at Morgan's, Manchester.
JAMES MITCHELL (separate estate), Manchester—tat dividend of
Ks. 10d., any Tuesday, at Morgan e, Manchester.
ISAAC Moss, Manchester, hat, mannfacturer-Ist dividend of
any Tuesday, at Morgan's, Mancheeter.
DIVIDENDS.
Dec. 27. F. G. W. Muller, Oxford-road, Kilburn, surgeon--
Dec 27. F. Cooper, Tottenham-court-mad, confectioner—Dee.
27. J. W. liiitherfonl, Fore-street, Limehouse, shipwriOt—Dec.
31. J. W. Jones, Gloucester-terrace, Commercial-road-East, shoe
manufacturer—Dec.W Jlker.rownßarton-on-Humber, lin•
colnehire, innkeeper —Dec. 27. J. B. Barton-on-Humber,
licensed victualler—Dee. 27. O. Belson, Ooxhill, Lincolnshire.
bootniaker—Dee. 27. W. B. Beverley, Alceby, Lincolnshire, boot-
maker—Dec. 2s. J. D. Toaster, Cambridge, printer—Dec. 20. J.
Hall, Doniting, Somersetshire, innkeeper—Dec. 20. J. Phalle,
Sheldon Mallet, Somersetshire, postmaster—Dec. 20. J. Mur-
dock, Hastings, eeting.house keeper—Dec. 28. W. Whitfield,
Newhridge, Denbighshire, grocer—Dec. 22. Mary Ann While,
Wakefield, Yorkshire, shopkeeper—Dee. 21. W. Pattinson, Tem-
ple Sowerhy, Westmoreland, butcher—Dec. 21. J. Moss, Kirkby
Stephen, Westmoreland, butcher.
PARTNERSHIPS DISSOLVED.
Baxandall, W. Woodhead, and J. Longbottorn, and Betty
Baxandall executrix of A. Baxandall, deceased', Horton, York-
shire. sluff manufacturers, so far as regards Betty Barendell—
G. Mastou, sea., and J. Manton, Whitby, Yorkshire, drapers—
J. Allen and J. Callaehain, Birmingham, marble chimney piece
manufacturers A. Whitworth, W. IL Clemesha, and H. G.
Nicholson, Manchester, financial agents, so far as regards A.
Whitworth—W. King. sen., W. King, Jan. and G. King, Not-
tingham, wholesale provision merchants--J. Barrett and K
Barrett. Linthwaite, Yorkshire, delvers—R. P. Spice and J. T.
Fox, EmliAln, Surrey, manufacturers of articles Irons gas products
—sophia lkiu and J. Pinder, Manchester, corn dealers—l. Gem-
aton, .1. T. Dobson, G. C. i'otts and It. Onnston, Newcastle-
upin-Tyne, wharfingers—G. Clark, sen., deceased, and G. Cleric,
Jun.. Wootton Wawen, Warwickshire; Chester; and Nant
Quarry, Denbighshire, handers—J. Goode and C. W. Allen,
Coventry, newspapers,
proprietors—Leonle Louise Angeline SIN,
cave
and A. Shepherd, Brighton, milliners—W. Agnew, T.
Agnew, Jon., and C. A. Du Val, Manchester, photographic pub-
Fister and 11. Fixter, Levertou. Lincolnshire, fanners
- Brougliall and J. Weston, Derby, elastic web manufacturers
—.l. Kershaw, J. F. Barnes, and T. H. Vickers, Littleborough,
near Rochdale. oil distillers—A. It Wells and C. E. Dormer,
Wod-street, Cheapelde, ladies' under-clothing warehousemen—
J. Haigh. Jun., .1. A. Harrison, and H. W. Haigh, Huddersfield,
commisdon merchants. so far as regards J. A. Harrison—T.
Fraser and W. Angns, Pembroke Dock, drapers.
BLOTCH SEQIJESTRATIONS.
30115 CRAWYoRP, Edinburgh, private hotel keeper, Dec. 14, at
Dowell's Rooms. Edinburgh.
0110103 E SHAND, WILLIAM JACE, and THOMAS BTRN3, Stirling
and lialfron. manufacturing chemists, Dec.lB, at the Faculty
Hall, Glasgow.
WILLIAM ALLAN, K ingsburgh, near St. Ninlans, wood merchant,
Dee, 15, at the Golden Lion lintel, Stirling.
ABRAM JACOB Joss:Punt ALL, Glasgow, hawker In jewellery, Dec.
21, at the Faculty Hall, Glasgow.

WINDSOR CASTLE, DEC. B.—This day had audi-
ence of her Majesty the Baron de Biome, envoy extraor-
dinary and minister from the King of Hanover, to deliver
his letter of recall ; to which audience he was introduced
by Lord Stanley, her Majesty's Principal Secretary of State
for Foreign Affairs.
FOREIGN-OFFICE, DEC. 7.—The Queen has been
pleased to approve of M. August Bergdorf as Consul at
I Port Elizabeth, Cape of Good Hope, for his Majesty the
King of Prussia. The Queen has also been pleased to ap-
prove of M. Eduard Rosenbusch as Consul at Malta for
the Free Hanseatic City of Bresnan.

LLOYD'S BONDS.—These instruments were in-
vented by the well-known and able counsel whose name
they bear, in order to meet the provisions against loan
notes contained in the act of 7 & 8 Vic. c. Bd, and we
venture to think that, if restricted to their proper pur-
poses, they are a useful and certainly not inconvenient in-
vention. We may take it to be settled by authority (if au-
thority in such a case were required), that it is not comp.-
tenet() a railway company to borrow money on Lloyd'sßonds
without the sanction of, or in excess of the powers granted
by, parliament, more than it would be on anyother security;
but no tenable argument has ever been urged to show,
nor, we believe, has it ever been held, that a railway com-
pany may not issue to the contractor engaged in the ex-
ecution of their works instruments under
.their common

seal, -acknowledging their indebtedness to him for the
amounts actually due on account of work done. This is
the true nature and office of a Lloyd's Bond. It furnishes
the contractor with evidence of the amounts due to him,
and enables him to raise money for the prosecution of
the works, and so to give time to the debtor company
instead of pressing them to issue their shares and de-
bentures at a sacrifice. An acknowledgment of a debt
can never be an equivalent, but it may sometimes be
• substitute for payment, and why should not railway
companies have the benefit of the substitution as well
as individuals? Lloyd's Bonds are not like the bonds
issued under the authority of the Companies Clauses Act,
assignable at law, and the holder would therefore be
obliged to sue in the name of the contractor to whom
they were given ; but subject to this restriction, the bolder
of these bonds can have no difficulty in obtaining judg-
ment against the company ; and, indeed, in the absence
of special circumstances, such as a claim for set-off or the
lice, it would be impossible for the oompanyto contest the
matter with him. Our readers will not fail to observe that
we attribute no particular virtues to Lloyd's Bonds ; and
we venture to think that math of the opprobrium which
has been heaped upon them has been occasioned by the
unfounded alarm of debenture-holders lest they should be
held to constitute a paramount charge on the property of
the company, whereas it will be seen that per se they con-
stitute no charge at all, and only give the holder that
right of obtaining a general charge, which is also open to
an other creditor.—Solicilors' Journal.
Du BARRY'S DELICIOUS BIVALENT./ ARARIDA
loon cures dymerds, indignMon, conga asthma,
debWty, constipation, &anima, peipleation nareatiM
liver, and stomach complaints. Curs No. a 1,4111.—" Rams. July
21, 11)116.—The Smith of the Holy lathe la matilink .=
dace, abandoning all other remedies, be has oonanid
entirely to Du Harry's Food, and his Maims cannot praise
thisexcellent food too blehly."—Ossette do ladl. Du Deny and
Co., No. 77, Regenteetceet, Bandon, W. In at M. 111.;
lib., to. ed. 111hs., 21t. Whs.. 40n—adlenttlehhed.