The Express.
London, England, 1866-04-05 00:00:00

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AWraTif fattiligence.

ILA iEntelltitnut.

THE

COURT OF' BANKRUPTCY.—APRIL 4.
(Before Mr; Commimioner Goulburn.)
in its ASHTON.—APPLICATION TOE ILILIMIL
The bankrupt, John Ashton, was a carpenter, builder,
and coffee-house keeper, of Holloway-road. He owes 1,1371.,
and attributes his failure to a strike of workmen for in-
crease of wages, and to his having taken contrasts too low.
He had been bankrupt in 1960, and had since compounded
with his creditors. At a former sitting his application for
release from custody was refused because he had not pro
duced his certificate under his farmer Ininkruptcy. The
application was now renewed.
kr. Goatley, on behalf of the bankrupt, now produced
en affidavit to the effect that he had destroyed his certifi-
cate, along with other useless papers, in Deoember, 1864.
Mr. Manna opposed the application on behalf of the as-
signee. The hanimupt did not give up a farthing of
meets He had given a bill of side over NB his property
before the first bankruptcy' posiwion was taken the
property was afterwards handed over to the bankrupt ; be
retained possession of it until he was about to come to the
court when the same m?d editor, named well, again
conveniently took possession. In the three days' statement
there was no mention of this bill of sale ; the statement,
therefore, must either be amended, or the petition must
be dismissed.
His Honour said that the story about the man destroy-
ing his certificate was scarcely credible, as there was no
conceivable motive for his doing so. It was clear that the
property bad been shuffled backward and forward, between
thebankrupt and the creditor. The case wasnot one in which
the court would exercise its discretionary power in favour
of the bankrupt, who had failed three tram ; and the
application would not be entertained until after the last
examination sitting.

NERIMARKET CRAVEN MEETING.—WsIigIMDAY.
• mare wracked daroaport an O
f.
of
being ot such a platimtrabarader that the of .
alma is haus compared to Hie w oleos meetings.
0 walked over the Derby Trial Btakea, althoue4:
pated that Pareerphre would oppose him. A
wcrowd tbspected him with that aerially always ennead to see a
Derby Vrinner,and he looked the picture of heath and oondtlion. '
tuirf
We add that before going to the heath 26 to 1 woe taken
timely t Ceylon for the Derby. The running is sufficiently de-
ice the outdolhed return.
A 8 AEU of 25 'ors each, 10 ft. for 3-yrolds and up-
wirda eight.fer age, with selling allowance Criterion course.
Six ngs. Or subs)
Mr. ars Novice, by Manyea—lialuston, 3 yrs, 611 12p)
(fi (H. Covey) 1
Mr. er's Reindeer, aged, list 61b (=OD) .. (Cluilloner) S
mb Co F. de Lagrange's Wham, aged firt. 131 b (4200)
(H. Grimehaw) 3
Betting: 6 be 6 on Novice, Ito 1 apt Reindeer, and 5 to 1 apt
SWUM. -
Tin Fairer TRIAL STASIS of 60 eon. each, h ft, with 100
added; 3.7r-elds, 7et ; four, bet 101 b; Billee and Whip allowed
Sib ; winners extra Last mile and a half of B.C. (11 subs.)
Count F. de Lagrange's Oladtateur, by Mammas—Mho
Gladiator, 4 yrs, 9st Illb (in 10lb az) (H. Chimahaw) w.o.
• And Proserpine saved her stake.
upwards.
Bvrelliaraeks of 10 soya each, for 3-yr-olds and
D. M. (7 furlongs MO yards) (4 subs)
Lord' tit. Vincent's ~h•done, by lard Fauconberg—
Thalia, 3 yrs, Est tlb (Stephens) 1
Mr. ;doe's Troublesome, aged, Bst, 13Ib (Custance) 2
Mr. plin's Willie Sharp, 3 yrs, 6st ifib (carried 6st 111 b)
(J. Grimahaw) 3
Betting: 6to 4 agd Troublesome, and 2to 1 each apt Willie
Sharp and Brimstone. The ade all the running, and
won cleverly by half • length Willie harp Metes off.
TED CoLoßs Swans of 60 sous each, h ft. for 3-yrnida :
mita, gar iolb ; fillies, ht 71b ; certain allowances. 8.16. (1 mile
17 yards). (17 rubs)
Mr. Savile's Leybourne, by Muspd—Hariequin's dam,
Sat 71b (carried list 81b) (Custanoe) 1
Mr. Merry's Beelsebsb, Brt 71b (H. Covey) 2
Lord Westmorland's Crown Prince, Sat 71b (J. Garter) 3
Betting : 6 to 4 on Beelaebub. and 2 to 1 apt Crown Prince.
Tim Schationlon PLATE of 50 son
_.. • for 3-yr olds and up-
wards I weight for sp. T.Y.C. (Five furlongs 140
Mr. W. Goodwin's li
yrs, accharometat, by Sweetmeat—Defame
-
Ron, 6 iht 31b (enhance) I
!Let=of Hastings' Pantaloon, 4 yrs, 84 112 b .. (Cannon) 2
: t to 1 on Sitecharometer.
Pregreragne of 10 son. each ; for 3-yr-olds and upwards
weight for age ; the winner to be sold for 100 eon., if demanded.
T.Y.C. (rim furlongs 140 yarda) (6 rube.)
Mr.York'se by Blackthorn, dam by Joe Lovell, 8 yn, Tat 71b
Galatea) 1
Lord Weahnoriend's Idler, 5 yrs, Art 41b ... J. Gaiter) 2
Mr. T. Jennings Crossbow, 4 yrs, Bst 1111) ..(H. w) 3
Credulity, Loaf Sugar, and Piano also ran.
Betting : 2 to 1 apt Loaf Sugar, 3 to 1 apt the Blackthorn colt,
100 to SO eget Idler, and 6 to 1 agst Croak:ow.
A SWltaleraes6 of 50 lon. each, h It: for 3-yr-old AIM*
Illet 10lb each. T.Y.C. (6 subs)
Lord Coventry's La Mute, by Wild DaThell—Yellells.
8d 10Ib (J. Adams) w.o.
BETTING AT MIDNIGHT
CITY AND SUBURBAN.
6 to 1 apt Out
100 and
to 11 apt IL
7 Valens to 1
(1) eget Delight (off)
t
PCHIBTER CUP.
8 to 1 apt Dam (t and off)
TWO THOUSAND.
Even on Lord Lyon (off) 40 to 1 apt c bye Mel-
(5 to 4 wanted) , d by
Bto 1 agst Student (off) Teddingtona
10 to 1 Auguste (M) 3000 to 90 Robin Hood (1)
100 lo 8 Janitor (w) 100 D to 10 Leybourne (t)
1000 to RI Lord Glasgow's
lot (t)

ASSIZE INTELLIGENCE.

HOME CIRCUIT.—EnrosTox, Aram 4.
(Before Chief Justice Erie and • Special Jury.)
STEWART V. BEAUMONT.
This was an action to recover the value of • horse that
bad been wrongfully taken from the plaintiff by the de-
fendant, and also damages for • malicious prosecution and
false imprisonment. The defendant pleaded that the horse
in question had been stolen from him and that he bad
reasonable and probable arum for suspecting the plaintiff
to have feloniously received it.
Mr. Bovill, Q.C., and Mr. Phllbrick appeared for the
plaintiff ; and Hr. Hawkins, Q.C., and Mr. C. Pollock
were counsel for the defendant.
This case occupied the court nearly the whole of the day,
and the circumstances connected with it were of rather •
remarkable character. The plaintiff is a farmer, residing
at Ash, near Guildfonl, where he farms a considerable quan-
tity of land, and he is also a member of the board of guard-
ians, and occupiesamost respectable position, and he brought
this action against the defendant, who is • lieutenant-oolo-
nel of the Boots Fusilier Guards, for having forcibly taken
his grey cob from him, and charged him before • magistrate
with having received the anima feloniously, knowing it to
have been stolen. It appeared that in the summer of last
year Colonel Beaumont was stationed at the camp at
Aldershot, and he bought this cob, for which he gave 251.,
for militant purposes, and that in the beginning of June
he was desirous to dispose of it. One of the privates in
his regiment, a man named Kirby, who acted as his ser-
vant, and who had been recommended to him by another
°Meer, end in whom there appeared to be no doubt he
placed a good deal of confidence, was commissioned by
him to sell the horse, and to look out for a purchaser; but,
aeoording to.the evidence of the defendant, he never gave
him authority to receive the money for the animal. There
seemed to be some difficulty in finding any one who would
buy the cob, but at length Kirby showed him to the
plaintiff, who, after trying him, and a good deal of hag-
gling between him and Kirby, whom he knew to be the de-
fondant's servant, agreed to purchase theme for 10f.,
and be paid the money to Kirby, who, f handing
it over to the defendant, his master ran away with it, and
has never since been heard of. Thedefendant, finding this
to be the case, instituted the necessary inquiries, and at
length ascertained that the cob was in the possession of the
plaintiff, and he went to him and demanded its restitution,
stating that the animal had been stolen by his servant.
The plaintiff, however, asserted that he had bought the
horse of Kirby, whom he knew to be his servant ,•
that he had done so openly, and had given the full
value of the animal, and he therefore considered
that it belonged to him, and he refused to deliver
it up. Colonel Beaumont, upon this, appeared to
have spoken to a policeman in the village, who ad-
vised him to go to Guildford, and state the circum-
'tames to a magistrate, who would direct him as to
what course should be taken in the matter. He aooord-
ingly did so, and went in the first instance to Mr. Parr, a
superintendent of the county constabulary, who appeared
to have exercised a good deal of sound discretion in the
matter, and he accompanied him to the office of the
clerk to the bench of magistrates, but it so happened he
was not at home ; and they then went to a magistrate,
who granted a warrant to search the premises of the plain-
tiff and take him into custody.
The jury, after a short deliberation, returned a verdict
for the plaintiff for 101., as the value of the horse, and
3001. damages for the malicious prosecution and false im-
prisonment.
Upon the application of Mr. Hawkins, however, Imme-
diate execution was stayed.
The whole of the common jury came wen disposed of
yesterday, with the exception of one which was specially
fixed for this (Thursday) morning ; and in the later part of
the day the Lord Chief Baron tried some of the remaining
special jury causes. His lordship will continue to do so,
until the last is gone through.

DIRBY.
20 to 1 apt fitrathcon
Augustel
(2) 20 toan 1
(e4f) get atudent (00)
90 90 apt o
SCRATCH' NOS.
figratrYß BIENNIAL.—AII have paid forfeit but the following :
Pantaloon, King Charming, B n, Van Danck, °Weser,
Reintrid, Adelaide, Prince of Wales, Favorite, Crossfire, Ad.
vanes, Amur:aria, Newcourt, Dux. The Doke, Jupiter, Argencea,
Illy of Devon. kilingtonian, Lisette, Tit far Tat. Nukuheva,
Friday, hydmonton, -love-apple, Kill 'em and Nat 'em, Haarlem,
Trento, Archimedes, A 1, Jezebel. Puck, Doeford, Cockcrow,
Alexandra, Regina's.
AM/ PRODUCI STAMINA—Lord Craven is scratched.
ABINGDON STAB/S.—The following are struck oat: tattle
Princess, Catherine, Lady dotty Any, and Hornet.
BtrimegrAgis of 25 sovs. 1t.11.--Tdippts Aster to Hippolyta).
and Princess Thyra are scratched.
fOrunesTaxne of 100 son—Osiris and the kflas Whip colt hale
declared forfeit.
Azaivon.--Bydnionten and The Duke.

OXFORD CIRCUIT.—GLoucurzR, APRIL 4.
CaowK SlDll.—(Before Mr. Justice Smith.)

Charles Davis was indicted for the wilful murder of his
wife, Sarah Maria Davis, at Upleavon, in this county, on
the 13th August last.
Mr. Matthews and Mr. Gough were counsel for the
crown, and Mr. Brown for the prisoner.
The prisoner is a farm labourer, and lived in one half of
a cottage at Upleavon, which was wipe:Med from the other
half by a lath and plaster partition. The other half of the
cottage was used as a barn, or as a sleeping room for
reapers in harvest time. There the prisoner lived with his
wife and two children, occupying two rooms, one down
stairs and one up, Both were very poorly furnished,
the sleeping accommodation consisting of a bedstead with
some rags upon it for the use of the prisoner and his
' wife, while the children's bed in a corner of the room con.
slated merely of a heap of rags or dirty clothes.
.. On the
14th August last three reapers, named Sin Dailey, and
Shot, who had been reaping with the prisoner's wife and
children during the day, supped together in the barn, and
were joined by the pnsoner, his wife, and her children.
They remained there driniing and dancing up to two
o'clock in the morning, when Mrs. Davis left and went to
her own cottage, when she took off her shoes and lay down
on the bed in her clothes. The prisoner followed in half-
an-hour with the two children, dragged her from the bed,
and beat and kicked her. Her cries brought Dailey to the
house, and the prisoner threatened him, and he left, the
prisoner locking the door after him. He then threw his
wife downstairs, and again beat and kicked her in the
kitchen below. The reapers in the other part of the cot-
tage heard further cries, but they gradually died away
and the reapers went to sleep. The children were kept
awake by their mother's cries all night. She called to her
daughter—" Annie, Annie !" but the prisoner threatened
the girl if she should come down to her. The children
also heard the breaking of a jug, and next morning a jug
broken and with some of the deceased's hair and blood upon
it, was found in the room bolow. At five o'clock in the
morning the prisoner called his daughter down to light the
fire. She found her father sitting on a stool, and her mother
lying at the bottom of the stairs. Neither of them spoke
to her, and the girl returned to her room. At six o'clock
the prisoner called out to his daughter that her mother
was dead. She went down and found the prisoner holding
his wife in his arms. She was dead. There was blood
about the stairs, the kitchen, and the bedroom, which
the prisoner directed his daughter to clear up. The pri-
soner washed the blood off his wife's arms, legs, and face,
and told his children to say that their mother had fallen
down stairs and killed herself. He also said the same to
the reapers. He afterwards threatened to drown himself,
and being locked up in his room effected his escape by the
window. He hid himself in a ditch for a day, and at last
when be came out he was apprehended by the police.
The jury, after an absence of little more than an hour,
returned into court with a verdict of Guilty of wilful
murder. Sentence of death was then passed.

NORTHERN CERCIIIT.-IArriaPOOL, APRIL 4.
Nisi Pima Coma. (Before Mr. Justice Lush and a
Special Jury.)
smenorron r. TAR LANCASHIRE AND YORKSHIRE RAILWAY.
The plaintiff, Henry Sidebottom, is a butcher residing
at Maccleateld, and he claimed compensation for injuries
received through the alleged negligence of the defendant's
servants. On the 10th November last he took a second-
clam ticket by a special train from Manchester to Liver-
pooL After the train passed the station at Salford it came
into collision with a coal train, and the plaintiff was
thrown with great force over the partition next to that in
which he was seated. A portion of the terrifies was broken
by the force with which his head came into contact with
it. He was severely injured, and was at present in an
enfeebled state of health. Since the accident he had lost
his memory, and the symptoms he complained of were indi-
cative of congestion of the brain. Medical evidence was
called to show that it was impossible to say what the re-
sult of the injuries might be, or whether the plaintiff would
recover. If he did recover it might be in a oeuple of years.
Verdict, 8001.

HEALTH AND STRENGTH RISTOSID By DII BARRY'S
DELICIOVO BATALEITA MUM MA WOOD, wislcb cares TURNS me-
dieing or isoossesioass draispda (baligestios),=zeims.
debility, eossapeflaa, ass,
reasiss, sbr: liver, aad stessaok sambas° tenni am. Myth's,
Ds oral In oilier r..ear, tad is the best rood her balsas
KOOS osrla assualy —Ds ler, and Co., No. 77,
bllition, W. .1a Das, st la 101. : 111 i., fa fd. M"rfilase.:
Saba, illa : saw at O. areesdiartiattyst ; 4, Cbeseside ; It WI
awl 04 OztaNkinosi : as* all di ikesies.—(AtraMiumisal

ÜBT&

MANSION-HOUSE. _
Sdword Richard Marks, who was descrEbed as a clerk,
in Earl-street, Grangorroad, BerilwAldwri, wall
brought up before Mr. Aldermen Finals (who sat for the
Lord Mayor) on remand, charged with embezzling divers
rams of money received by him as clerk in the service of
the London and St. Katharine Dock Company.
The evident)* on the first examination, already reported,
showed that the prisoner was in the employment of the
dock company u one ef the " cargo lager clerks," and in
that capacity he acquired • knowledge of the sums due for
freight and charges by different City merchanto. Thais
amounts it was no part of his duty to collect, but it wee
provedthat, knowing the amounts that waredue, he claimed
and received from different merchants the divers rums of
1/. 19s. 9d., Q. 15s. 5d., and V. 7s. 6d., for which be never
accounted, but on the contrary had converted the moseys
to his own use.
The prisoner was now further charged with feloniously
stealing two dock warrants fee five poonsissens of ram each,
and forging the endorsements thereon, with intent to de-
fraud Maws. Leyland, comminion agents and merchant.,
of No. 30, Botolpl-lane, Bastcheap ; and moreover, the pri-
soner was charged with stealing the sum of 551. from the
Ake of Meows. Leyland.
On the present examination the evidence disclosed that
the psi' oner having been suspended in his defier as *lark
in the offices of the London and St. Katharine Dock Com-
pany, was seen at his usual desk, on which were placed
numerous dock warrants. Amongst then were the two
warrants by the forgery of the endorsements upon which
the fraud on Messrs. Leyland was attempted to be oom-
mitted.
These facts were proved by the several witnesses called
and it was also shown that the value of the rum mentioned
in the dock warrants was upward. of 2001.
The prisoner, who bad absconded and was apprehended
at Sheerness by Detective-officer Michael ffeydon, was
fully committed for trial at the ensuing 01111110011 of the
Central Criminal Court.
JoAoi Bryant Palmer warn brought up on remand, in the
custody of Detective-officer Neiman., charged with felo-
niously forging thaondoreement of • bill of exchange, with
intent to defraud Messrs. Roberts, Lubbock. and Co., the
bankers in Lombard-street.
Mr. Mullions, the solicitor for the London Bankers' Pro-
tection Association, appeared am before for the prosecution,
and the prisoner was undefended.
On a former oeceidon (shindy reported) it appeared that
the prisoner was • sleek in the service of Ake Dorset
and Somerset Railway Company, at 16, Hishotrest,
Bristol, and that he transmitted to • Mr. Nutt,
who is now residing at Bryansion-terrace, Oxford-skeet,
Reading, and is an auctioneer and apprehow, • cheque
drawn by Stuckey's Bank on Kosovo. Roberta, for the sum
of IW. 6a., made payable to Mr. Story, a cabinet-maker,
carrying on, in partnership with his brother, the business of
cabinet-makers Coleman-skeet, City. The endorsement
of Mr. Story was proved by him to be a forgery, as was
also that of Mr. Henry Rest, another endorser, the latter
of whose eignaturso wee proved to be in the handwriting
of the prisoner, slight', dieguialid-
From the testimony of Detective-ofileer Paclonso, it ap-
peared that the prisoner had volunteered to him a date-
ment which reflected upon the character and reputation of
other individuals.
Mr. Alderman Muni' remarked that this had nothing to
do with the charges before him, upon which the prisoner
must go for trial.
The prisoner was accordingly committed to the next see-
alone of the Central Criminal Court.

Robert Hoyles, a carpenter, of 37, Ossulston-streset,
Somers-town, was charged before Mr. Barker on sus.
picion of throwing his. wife, Sarah Hoyle', out of the
first-floor window of the house No. 37, Ossuletonetreet,
whereby she has received several injuries which has endan-
gered her life.
Police Sergeant Hocking, 3Y, produced the following
certificate : April 4, 1866. I hereby certify that the
woman Hoyle% who was brought into this infirmary lost
night about 12.15, has received a severs fracture of the
skull, and is in a very precarious oondition.—W. T. Burr,
M.R.C.S., surgeon to the St. Pancras Infirmary." Sines
that certificate had been written the injured woman had
become worse, and her life I. now despaired of.
Mrs. Jane Perkins said—l reside at 37, Ossuleton4dreet,
Somers-town. The defendant and his wife have lodged in
my house for the last four or five years. Last night, about
half-past 10, the wife of the defendant (the injured woman)
came home the worse for liquor, and asked me for a light.
She went upstairs to her room, the back room on the &A
floor. At about ten minutes to 11 I went into the bask
yard, and saw the woman lying in an insensible state on
the stones. When she went up-stairs her husband was at
home, and had been so for about an hour. I had heard no
quarrelling that night, although I have frequently heard
them doing so. Both the defendant and the injured woman
are often in the habit of getting intoxicated.
Mr. Alfred Grays said— had been out for a walk last
evening, and when I returned I heard words in the back
room upstairs. Shortly afterwards I heard that the de-
fendant's wife was lying on the stones in the yard in an
insensible state. I went up and saw the defendant, and
asked him who threw his wife out of window, or did she
jump out. The defendant said that she jumped out. The
window was shut down when I went into the room. The
fall from the window is 16 feet 6 inches.
The defendant said he shut the window down.
Mies Rebecca Perkin said—l slept in the room below
that occupied by the prisoner and his wife. I was in bed.
I heard a scuffling, and then the window opened, and I
heard the prisoner say, " Out you go." I stnno hew
anything fall after I heard the prisoner say, " yo go,"
everything was quiet. Both the prisoner and the injured
woman were intoxicated.
The defendant said I have nothing to say, except that
she threw herself out of the window. I did not know that
she had thrown herself out of the window until I was told
by the witnesses that my wife was lying on the stones.
Mr. Barker said it was a ease for a remand, and ad-
journed the further hearing of it for a week.
The prisoner asked that he might be admitted to ball,
but the application was refused.