The Express.
London, England, 1858-01-25 00:00:00

TAB lirlilragelk MONDAY EVENING, JANUARY 25 1858.

BPORI'ING

HUNTING APPOINTIONTB.

n" "on-.
Ur. RialkamWs. fit. iloakes •
11'4 IL Itamear, a 4 MN.

cuver.e IYr. AA IM.
pro 10. Ifuesioy. Oembo 101 M Tor-el Wt-
Crane (Mr. 0. 0001:0'10. Wetludo:. ?Imp; PAW. 001104110-
go 11.
Not* boom 'Ma,. Woodford Or Mb **7410.
Durham Omoty oblokor .101,0000 .1 Woo r del. his Ham; 114-
00Y. 110•000oub-sto Immo NU.
Wowed.. Mr. 1010101. WoOmodir, 1110001 V NOM. Wolad
0•0106ory 00.ro-sa toot.
11"4"0 VS.,. MIA 01,0101:: SOW. osolllo (OEM
-et Wilmot O.
Mr. RMI Weismiar. Wain MID filds4oo-al
Toollay. Alton ; Mob,. the fox owl 110b0041-0.30.
aL
aeli Thom*. Nivea Doors ; d/. v. Merton Pitt-
-04 Wino 1 .
Wharf 114. nut wen 0, TAUT, Itcolouy VOlog•-•10•11.1•00 10
itUiwooks Woinooloy. WM lo.: mass. nal*, 6"ur-
Los& Condo Monday. Doddlootes-+t 10011
1011. L.
air. hook 11110•1.). Tondo,. 1.. 00000, Wlrolord-
at IL
1:21101 Po* 01100.14.0.0•7. Harley Folord.o. 1.10.10y-a0 10.
Worommoillos. Ifiloadoo, The limbed lime; FOWL °rotten
Wasit-01100119100 la
- •

v. it, gra:77rii.. 'woo omdraa-•
Wilma U.
(Sedmeiso,_ ?binds). Disk reoart—at U.
yoni Friday. Warglarioe—u 11 •
Voles( Rey.. nandag. Warwskamm Mud= 114-4

NAVAL AND MILITARY:

PORTSMOUTH, J. 2S.
The Otter, 3, paddle-wheel ateant-veasel, Lieute-
nant-commending Cortland H. Simpson, and the Traveller,
gunboat, ensued to-day from Shaman. The Traveller is to
be a tender to the Blenheim. The Otter mild spin at a
later hour in the day, on her return to Shawswa.
Admiral Blr Gawp Seyawnr, H.C.B..,rantbb Sag on
bard ths Blaahsl thla oriaiaa is cadet to be pamat
the court IN-Mabee on Ittaday. Raw-Adaaral Mania has
transferred lib Sag Ikea the At. Vistaed to lie Blenheim,

We Ism this evening chat the bedneal of the various
doritaidie el en dockyard will be pretended with u usual.
The only intra to whoa leave el slump is given are the
t v W
news et the royal yacToads,hts. Their leave extends &ore th's
og mill ant.
As the Llealwrint-Govessor et the Garrison, General Sir
Issas Yorke Seerlet, K.C.B, will also be present eC the
court on Moody evening, the keel*, to be esrembled ea
Swethers cessiana, will, It Is old, by reviewed by Wing
?ester, of the Royal litagissaa.

DIVONPORT, JAN. 24.
Ilse Alacrity, 4, weir, Cataltaader A. Wodehouss,
was paid wages on Thursday, end will proceed on Monday
to the Nore, tojoia the meet an the :limier of the Princess
COMMaldillr 111. mho to join Os
Newt of the MAIMS Napa

The following general order, regulating the volun-
teering from militia reg+meats to the regimmts of the liar. has
bean Mood from the Ilona Guards by command of hisHoyel
Highness the Oenerel Commanding-in-Chief •
" 1. TM restriction of the volunteering to men who have
setetided me training, or who hove been three months ha the
Bailin*. le dispensed with. 2. A sum of 10e. in coat, instead
of 21. Id. se heretofore, fa to be banded to each voluntew cm
attestation ; and the balance of his bounty—vu., 30s.—is to
be paid to him, without deduction, on juicing has new were.
The enlisting shilling, the 10s. bounty, and the money re-
quired for Ms for the pastorates' clerk, are, is conformity
to cisme 8 of the War..fflee ' Volunteering Instructions,
dated December last, to be drawn from the militia paymasters
by the officers of the recruiting service who are called upon
to enlist the volunteers. 3. Volunteers for the cavalry and
ride corps, tf of the p oelbed standard and In a.l other
respects fit for the sink., me eel to be rejected on account
of not memorial; 34 NNWo rowed the cheat.—By command,
"0. L. Wirrnmw.i.., Adjutant-General."

Itato Intattgatce.

LAW NOTIOIB.
UNTIOPOLITAN COUNTY COUNT&
aeft• ter the MINA MIL
Warsliguivs. lriar—Toordee. Jr 111; waymisy.
ft: ftsiefte. 11 • Mat.
theTheselyeme. esr, 'ranked reed—Teetig, Jr II; Wefts**, :
11
MOeas.*.tamowess, Does tetteet—Tureest. Jr. II; iteinest.
r 044 M I I—
stealier. Jr
Ottetweeree=e. J2.1'16 Weeeeeley.
IL
: • Swee•beeh Nweeste-Tete 14. Jr SQ ;
Sri 11•ft/y41111.
41,61 A
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WL . OldiallakiiiiielWlollll/47. Jaa, n Tio
Doe
IC

COURT FOR DIVORCE AND MATRIMONIAL
CAUBBB.—JA N. 23.
(Before the Judge Ordinary.)
we PARTS -.
Mr. Pullen (on behalf of a rvitlenea whom he did not
..itte2Leked leave to present a petition for a diasialution of
without making the dived salters. a co-reopen-
dt7a;Wb the wife. The 28th laden of the sot would per-
mit this course if the hatband could show " apeolel grenade
to be allowed by the court." In the panel Nee the appli-
ant had recovered homes aid mete in an Wks it
Ma. eon.
Hie Lordship did not musider that the eireezedenee
question would constitute a wadest pound ix gran*, the
application. The Israel sweenefe stint vrenH of owes
plow himself as to whether he would prone a petition to
the court.

COURT OF CRIMINAL APPEAL-Jut. 23.
TAR OMNI( IP. CIIMITIAX OATTLEI-1111 XUILDIII Or

TRAIN, TRI DETECTIVE OFFICER.

The prisoner Christian Saner was convicted bare Mr.
Baron at at the Central Criminal Court, of the murder
of Then, the 're ofBcer. He waa sentenced to death,
but execution was mailed in order that the opinion of this
court might be taken on the following osaa :—The_pesoner
was • foreigner. On the 2nd of November, 1867, he ecen-
mined Mammy at St. Ives, in Hunnageloaddre. He went
away from England with part of the aloha property. The
owner oflhe arty gave information to the London police,
and the demised, who wee a detective officer, proceeded to
Hamburg, and there, with the ustetanoe of the Hamburg
police, arreaed the itrisoner, and brought him Sfaililli his
will on booed an English steamer trading between Ham-
burg and London, in order that he might be tried for the
larceny The steamer left Hamburg oat the amnia( of the
21st of 'November, the prisoner being in from and on the
22nd, while the steamer was on the high aces he shot
the °filar, who afterwards died of the mond. If the
killing had loon by an Englishman in an English country
it would have been murder. The deceased had ne warrant.
The question which Baron Martin desired Me bo mewered
wee' Whether them was any jurisdiction b ttylhaptiamor
at the OM Bailey ? If the mower be in the adlrmalve, the
judgment
wl'inegatitithairstbeto reardy givenb is
eo sinna
nmee lesaio :I
kept in custody to be tried on the indictment which hie
bean found by the grand jury for the larceny." The Seemed
judge added " I elm request for my ma miasmas the opt-
tics of the judges on the following questions : Was the
custody of the prisoner on board the steamer lawful, and I
there any distinction as to the times whilst the steamer was
in the river Elbe or whilst she was on the high Bees ? Sup-
posing the custody not to have been lawful, was the killing
necessarily only manslaughter P'
Mr. fierjeant Salentine, who appeared for the primer,
was about to put these latter questions to the court, whoa
Lord Campbell said the only question left by the case for
the decision of the court was, whether the Central Criminal
Court had jaristliction P
Mr. Baron Martin—Them are points on which I request
the opiates of the jukes Privately.
The Lord Chief Justice of the Common Pleas—l suppose
they did not arise at the trial ?
Mr. Baron Martin-1 beg your pardon, they did arise at
the trial. I think we had better speak in private about
them, and then you shall hear why I have asked them.
Mr. Sorjeant Bellantine then proceeded with hie argument.
He said that the Ent question depended on questions which
bad bean already submitted to their lordships in tbe former
mar, and the only matter, therefore, on which he thought it
necessary to address their lordships, was on the distinction
as to the facts between this cue and that of Benito Lopez.
He would submit that the fact that the prisoner had been
brought on board the vessel at Hamburg against his will
was an element of distinction, and that if the prisoner
wee brought on board against his will, or un-
lawfully token, be was not within the Admiralty
jurisdiction, or amenable to the Admiralty laws. He
thought it would be conoeded that the peerages capture had
been entirely illegal. In the het place, there was no extra-
dition treaty between Hamburg and this country; and in the
next, the officer had no warrant and eased the prisoner with-
out even that ostensible authority with which the law armed
its officers.
Lord Campbell--1f them had been say extradition treaty
ratified by law I should suppose that any British subject
could have been seised In Hamburg.
Mr. Serjeant Ballaattse was not prepared to say that such
would not be the ors. bat that was not the point which he
hat te argue. The otsoar had In point of feet committed
trespass, and had obtained the person of the accused with-
out authority. The question therefore was, whether the pee-
-1 son of the prisoner having been taken pommel= of illegally,
and be being then placed on board the vowel he wu within
the jurisdiction of the Admiralty; or, be having committed a
hicusy, there was • new taking so to speak. and ha was at that
time within the jurisdiction of the Admiralty. Were they
to take it that the prisoner shot the officer for the purpose of
=tan* his liberty or out of revenge?
Lord Campbell—The jury have found it was from revenge
and out of malice prepense.
The Solicitor-General—The cue finds It was murder if
committed by an Englishman in an English county.
Mr. Serjeant Ballantine—Suppose • policeman apprehend.
a man without authority, and the man, not with the view of
retain his liberty, but out of revenge, shoots the officer ?
Campbell—lt would be • clear case of murder.
Mr. 'Urinal Ballantine—There are two or three matte,.
white I wand wish to submit to the court before they come
to that serious conclusion.
Lord Campbell—Wo are to assume that there was murder
committed. No doubt a murder was committed according to
the laws of England. The jay found that the prisoner shot
the officer, not to extricate himself from custody, but from
revenge and malice prepense.
Mr. &emit Ballantine said there was a strong impression
that • person might go to great lengths when taken into
custody, and it was important to dwell on the facts that the
prisoner was not legally in antody, that be bad not volun-
tarily placed himself under the British flag. sad whether my
country could ragtime to itself the right of telt* away the
native of any foreign country without law a jurisdiction,
and then punish him by a aim be would wow lave com-
mitted if he had not bees tiro mlawfully pissed. It vie
felt &arable that We Wen owl: mot ow, end that
Ms wok Wad sot Oar pram lobs ear* Mealy. Ile
would ale the ors of Jew lbeelmeset la "Howell's State
Trials." The prisoner hail locked himself Into • house to
avoid anusand an officer, without • warrant, obtained an
entry .ts He was fired at two or three times by the
Wooer. - alias, however, was not wounded, but
sootbor pore who was assisting him was shot dead by the
plow Howl+ • door. The question awe as to the
quad, elate Mme, and it was residua it was by the cir-
cumstances reduced from murder to manslaughter.

Lard Maybell—Being doneprivilege with the Intent of preserving
liberty. Ouppoes a erms d from anise le arrested
a sheriff's offlosr, andp the pines es taken has • groaby
t:
molest the officer and shoots him, would not that
murder?
lb. godson* 13eIlantlae thought there would be strong
natter to show that it WSJ not, if the person was illegally in
custody. But he bed quoted the teas to show the care
which the British government took of the liberty of its sub-
. his would submit that when a foreigner woe taken
into custody illegally and had not voluntarily placed himself
within the jurisdiction of the oottrt sof this country those
courts bad no jurisdiation to acacias kin of any Mina
'Flotsam

Lord Campbell delivered the judgment of the court amidst
lithos. He said, in the cue of " The Queen v.
rerri:l the wart will take time to consider, end will
give jedpmest on Thursday at ten o'clock. With re-
gard te the two other math " The Qum v. Lopez,"
sad ~ The Queen v. Settler" the court is now
Ferrel to eth as that in both theme um the con-
vietimas met be met iced, la the " Queen sad Lopes__" the
use LW that the prisoner, who is • sailor and a f
was Mad oft air sogiorously wounding oes-7 _1"j14;
craw of the Mftith *ship (lateen, of which the pri-
mmer me else • emu& Now we have no
drat that the tames committedby him was an
odenos, under the circumstances, spinet the laws of this
c0n...trt.... He was in an English &hip —lie was under the
of the English lore—he owed obedience to the
Engil—ert laws, and he committed as offence against the
English lam. It is unnecessary to enter into the authorities.
Such I am glad to find le the law in America, and it is the law
in England. The only other question is whether the
wu within the jurisdiction of the court held under the
embalm for the county of Easter. I have no doubt
that he would have been so before the late act of the 18th
and 19th Vic., but that statute apppeeaasrs to me to be quite
oaaclusive, sad it me enacted for the pews of removing
any doubt which might have existed. - I- think there was
julediction, because the prisoner was found within
the jurisdiction of the court by which he wee tried,
aul the cue has found that the educe wee committed
sad the prisoner was found within the limits of it. jurisdic-
tion. I think, therefore, there was clearly jurisdiction In the
Court of 4:oblique to try the wiemer, and the emelt:lion
and be alarmed. With regard to the cam of the '• Quest
v. Battler," it is equally clear that though the prisoner was a
foreigner, he committed an offence against the law of Eng-
land. Hie lordship having hare reed the owe, proceeded to
say the crime wu committed on board an English sh which
would have been murder if committed by an , in
ea Emilia county. It is the opinion of the court, under
tithe ..thanoes, that the pnaoner, whether his custody
on board the ship was lawful or unlawful, was platy of
Ruder, hr he wee conveyed in en English ship, end sub-
jected to the law of England, and it was immaterial whether
at the time he was taken at Hamburg the taking was lawful
or unlawful. He was in an English ship, which must be
takes se pert of the British territory—he wu taken into
custody by a British subject, and be shot that °Moir, not
with the view of obtaining his liberty, bat from revenge end
of malice prepense. That being so, the question wins
had the Central Criminal Court joriadiction It is clear
he was found within the jurisdiction of the Central
Criminal Court. Mr. Barjeant Ballantine in the discharge of
his ditty contended that be was not, for ha was there against
his will. We are all of opinion that under the 18th and
19th Vic. the court had jurisdiction, because the prisoner
wu found within its jurisdiction. Therefore on gleam( ques-
tion, whether the court had jtuisdlotiou to try the primmer.
Then the question is asked whether he wee in lawful custody
on board the steamer while abet wu in the river Elbe or on
the high seas. I think it is quite unnecessary to answer that
question, humus the act of which the prisoner has bee.
thsd guilty wee committed not for the purpose of regaining
kie Maly, bat out of revenge. Bosse distinotioa may be
taken to the different slats of afters it the act were contrattith
on the Elbe or the high seas, but it is not unsnap to
summer that polat. When I am asked, " I:apposing the
I Geo* sot to hive been lawful, was the killing necessarily
owls mansianghter I may, unhesitatingly, it WU not.
The Lord Chid Berms-We are all of that opinion.
Lord Ceaspbell—For the reasons I have given, the court is
of opinion that the conviction in this cue also must be sus-

The effect of this judgment is that the sentence of death
pared on Christian Sauter will be carried out unless he
should be reprieved by Sir George Grey, which is moat im-
' probable alter the unanimous ruling of this court on the
point of law reserved for the convict.
The court was densely crowded during the hearing of the
cue in which much public interest is felt.

INSOLVENT DEBTORS COURT.—JAN. 23.
(Before Mr. Commissioner Phillips.)
rx nE wILIJAK WOODI.ZY.
Mr. Barged applied to suspend an order made in this ease
in 1848 as to some slave compeneation money, until a suit in
Chancery brought by the assignee against Messrs. Bodding-
ton was decided. The insolvent was entitled to considerable
West India property, which bad been greatly d
Mr. Reed for Mess: a. Boddington, oonteuLrecitllltdtbey
were entitled to the order, and to the money which was in
the Court of Chancery, without waiting the termination of
the suit by the assignee.
Mr. Commissioner Phillips considered that all proceedings
were suspended till the suit was decided, but the ratter
would stand till Tuesday to made& the point.

He was tuft' committed for trial, Mr. Arnold commentng
in becoming terms upon the oentleethere of the stein in
placing the things when she had.

TFAIIES.

An Application via made 67 Mr. Morrell,miry-clerk of
81. Ociegrlein-the-Birst, for a warrant to ased Ain
Armor, a poor•rate casette, on a charge of enbeashearet.
Oa invee*tim it was found that Fraser was a defaulter;
that ha had pat down in him arrear column 1.5001., which it
had bum discovered he had received; and antaept the
alleged defaulters the London and Blackwell Railway Oom-
pang were charged with owing 1061.10 a., two quarters' rates,
which they had- paid. It appeared that tha parochial autho-
rities had made a ooropromise with Fraser's recurides. sad
that he had absconded since the sth of August last. It was
also apprehended that the &digestions extended over neural
rears, and that the actual lose would amount to 6,0001.
6,0001. The applicant did not know where to find Fraser,
but wished for a Tumult to authorise him in arresting
him.

The magistrate decided that In a charge Wearing felony
the accused could be taken into custody wherever found, and
that no warrant was required.

GREENWCH.
Joseph Alaska, a constable, NoI. 83 of the II division, was
charged with asesulting Richard Hemet!.
Ttr primmer while en dMy, wrplaying at a Mississippi,"
and drinking is the Little Crown puttlicuss, East-emeet,
Greenwich. The oomplainant went there once or twke
during the day and had some words with the prisoner; at hit
a scuffle took place, which was stopped by another con-
stable, and complainant went home. While he was sitting
in his parlour prisoner came in, struck him with his fist,
and afterwards knocked him down with his truncheon, com-
pletely stunning him.
The prisoner was remanded for a week, bail being refused.
WOOLWICH.

The magistrate was Celleion for the first time to make en
order for the
_protection of a wife's property from bar hus-
band. Mrs. Mary of Plumstesd, said site bad been
deserted for 16 jests by her husband, sad els bad share
acquired property; he now expressed Sr intention of=
possession of that property. She deposed she wee
at the parish church of Plamateed, on the 19th March, 1810.
Alter living comfortably with bar husband nearly 30 years
he tamed out very badly. left hie home fir weeks together,
and ultimately, about 16 yeas since, he entirely deserted
her. Slum this period she bad supported a numerous
family by her own industry, end had not received a shilling
from her husband.
Mrs. Russell corroborated the evidence of the applicant,
sad added that the applicant was better off without her hus-
band—as he was a good for nothing character.
Mr. Trail' said, on the evidence before him he should
snake the order, and ft was necessary by the tame of the set
that a copy should be forwarded to the Regime/ of the
County Court within a period of 10 days.

THE LIVLITHAN.-NUME4,OU3 ROYAL VISITS

The moving of the Leviathan to the extremity of
the ways, where she will he left to float at the fall spring
tide of Saturday, the 30th last., sera resumed last Saturday
morning, and attracted an unusual number of royal visitors.
The first royal arrival was that of the Duke of Brabant and
the Count of Flanders, with their suite. The princes were
received by Mr. Yates, the secretary of the company, who
conducted them over the ship, and explained the size and
'metal details of the hu,cavessel. Next came Prince
Jitlins of Holstein-Glucka . Later in the afternoon
Prince Albert of Prussia, Prince Frederick Albert of
Prussia, with a numerous suite, and Captain Da Plat,
Equerry to the Queen, arrived. They came down from town
by steamboat, and were landed at the stairs at the bow of the
gip. After rather a long stay their royal highnesses re-
turned to Buckingham Palace in three of the Queen's car-
riages and , four, which had previously arrived to meet
the Princes. Amongst many other visitors were the Mr-
gnus of Stafford, Lord Dufferin, several ladies and gentl►
men connected with the King of the Belgians' and the
Prince of Prunda'a household, Colonel Wyndham, Mr.
Hope, Sir C. P. Raney, Ac. The operations were re-
commenced at half-past seven o'clock, Mr. Brine', Mr.
Hepworth, Captain Harrison, and Mr. Prows* being at
their respective posts. The ship moved readily on the
pressure of the hydraulics being applied, owing, no
doubt, to her having several feet of water under her. She
progressed nearly three feet in the first hour. As the tide
needed, however, the power had to be considerably increased,
and frequently it was only on the almost fall pressure being
put on that she advanced. This is accounted for partly by
the mud which had accumulated at the end of the ways by
the falling tides, and the distance the ship has
from the rams, from some of than as much as 16F r;f7tas
ram heads, which run from the piston of the promo te the
cradles being formed of heavy Inuits, oiWy belted and
ballasted, to prevent the tide Boating then has Wlr po-

ARM the aeration of the work on Saturday a
when the ship with its progress on Friday had:tds=
some 16 feet more down the ways, Mr. Brunel arranged to
renew the operation in the evening when the tidewould be
p. About ballast five the men were again at the pumps,
and tontinued at the work until half-part nine o'clock, when
the vessel had moved 10 fest further down, making in ell 18
hake. her day's tally. The frost baring set Wiwi* increased
severity, it was considered prudent nut to low Me adventage
ale Mr, mad the gangs were ordered to be is eleindsnes last
evening to resume the launch, and we believe it wee the in-
Mirka et finally oonipleting the lowering of the ship to the
extreme edge of the ways, where she will be left to fleet in
dee time.

Yesterday (Sunday) afternoon the Crown Prince of Prue&
paid a private visit to the Leviathan. Other ants,
end his Royal Highness's intention to leave En and to-
morrow (Tuesday), shut up the Prince to this opportunity.
His Royal Highness realist the yard about a quarter put
4in a private brougham, and, on slighting, was nesived by
lir. Yates, the secretary of the company, Captain Harrison
Whig also in attendance. A fog prevailing at the time
somewhat obstructed a distinot view of the huge proportions
of the ship. The hydraulic presses, rams, end other appli-
ances for moving the ship appeared to engage much of his
Royal Highness's attention. He was then conducted up the
steep steps by the side of the ship on to the deck, and having
traversed its whole length descended into the chief saloon. The
royal visitor made many inquiries, and the view of the yard,
with its numerous fires near the hydraulics, to ;nerd against
the action of the frost end the busy hum of the
in readjusting the rant heeds for the final posh, at=
notice. After about half en hour's stay his Royal Highness
took his departure, thanking Mr. Yates far his courteous at-
tention.