The Express.
London, England, 1866-12-07 00:00:00

THE EXPREBB, FRIDAY EVENING, DECEMBER 7, i. 866.

Serjaant Hayes—l don't think that I should care a'
straw how it was in my muse.
The Lord Chief Justice—Rut, brother, you arc not in
position to give evidence. (A laugh.)
Mr. Serjeent Hayes—How far are you at Orsett from
Gravesend? (Loud laughter.) Well, the name was ap-

propriate.
Witness—Seven miles. He did not know whether the
things could be got there, or at Chelmsford, which was 20
miles away.
Several witnesaes were called to speak to the reasonable-
ness of the charge. They agreed that it was proper in •
country funeral to give away a good many bands, scarfs,
and gloves. They all agreed that it was usual at such a
funeral as this to give the bricklayer a pair of gloves, be-
cause, mid one of the witnesses, he is part of the estab-
lishment. (Laughter.) Another witness, however, doubted
the propriety of giving the plumber gloves ; but said that
it would depend upon whether the plumber was required
to attend the funeral.
Mr. Serjeant Hayes said that these witnesses, under-
taken though they were, would never undertake to cut
down a fellow tradesman's, bill. (Laughter.) He had one
undertaker as a witness himself, but he was in this posi-
tion that he did not know what he would say. (A laugh.)
The witness, however, was in business in the country, he
had buried many of the gentry there, and he hopol he
would agree with him )Mr. Serjeant Hayes) that 971. was
too much for burying a farmer in the marshes of Essex.
Mr. Fellow, of Hourdon-on-the-Hill, Essex, said he was
an undertaker, and had buried many of the gentry in the
county. He had not seen the bill ; did not want to see it,
' and would rather not say anything about it. (Laughter.)
lie should be happy to say what be himself would charge.
Mr. Serjeant BalLultine—But that would not be evi-

deuce.
Witness—He wu in the habit of getting hearses and
coaches at Brentwood and at Clielmsfo• 4. They were
good and respectable, and there was no nec.,sity to go to
London. If the things were had from Brentwood only one
instead of two days would have been consumed. The
witness waa examined as to variou items in the bill, but
he agreed that as to most of them the charges were rue
sonabk.
The jury intimated that they had made up their minds,
and without hearing the learned counsel or the judge, they
found a verdict for the plaintiff for the amount claimed.

ASSIZE INTELLIGENCE.

WESTERN CIRCUIT.-WINCHESTER, DEC. 6,
(Before Mr. Baron Bramwell.)
Caroline Clements Burst, 16, spinster, was indicted for
the wilful murder of Augustus John Hurst, her male in-
fant child,at Forties, on the 13th Nov.
Mr. Beetham, with Mr. Letgard, appeared for the pro-
secution, and Mr. Bere defended the prisoner.
The prisoner, when arraigned, pleaded not guilty.
Mr. Beetham, in opening the case to the jury, said he
was satisfied that the cirewnstances were deserving of their
moat serious consideration. The prisoner was the daughter
of James and Elizabeth Hurst, who kept the Railway
Hotel. The child was an illegitimate one of the prisoner,
and about five months old. A young woman named Privett
was sent for to the house of the prisoner, and her mother
asked her if she could widertake the nursing of the prisoner's
child. It was ultimately agreed between the mother and the
witness Privett that the child should be nursed by Eliza
Privett for 4s. a week, and this was paid sometimes by the
prisoner's mother, and sometimes by the prisoner herself.
Privett required greater remuneration, and obtained an-
other Is. a week after five weeks. At last there were ar-
rears of 255. On the 13th November the prisoner went to
Privett's house, and told her to wash the baby's face, as
she was going to take it to Portsmouth, and she might go
as far as Kingston. She took away the baby in the after-
noon. The next day (Wednesday) a witness saw a child's
hand in the Portsea milldam. It was taken out of the
water, and conveyed to the police-station. Afterwards, on
Thursday, the 15th November, Mho Privett saw the pri-
soner at her mother's house, and asked her why she had
taken the baby away, and hoped she should see it again.
The prisoner said the child was not far off, and Privett
should see it again. She did see it, but it was then dead
at the police-station. A post-mortem examination fol-
lowed, and concluded with a verdict of " Death by drown-
ing." What hand had drowned the body it was for this
inquiry to ascertain.
Henry Croat deposed, that on the 13th November, re-
turning to Portsea, he saw a crowd at the milldam, and a
baby's body in the water. Witness got the body out of
the water, and gave it to a policeman. A liquid came
from the child's mouth and nose. It looked like milk.
Police-detective Poole went to the milldam on Nov. 13.
The child was stripped of its clothes, and an inquest held.
The chill's body was found a quarter of a mile from the

harbour.
Police-constable William Osborn Rogers. of the Ports-
mouth police, went to Gosport on the 15th November, and
took a bundle of clothes with him to Mrs. Privett's, and to
prisoner's father and mother. The prisoner was charged
with the murder of her child by throwing it into the mill-
dam. She made no reply ; but her sister asking, " Oh,
Carry, did you do it ?" she answered, " I did." She also
said, "Do you think they will hang me 1" He appre-
hended the prisoner and took her to the station.
Mr. Way, surgeon, examined the body of a male infant.
There were no marks of violenco,except slight marks on the
ear, right hip, and between the shoulder-blades, probably
caused by fish. lie described the result of a post-mortem
examination, from which he concluded that the death
had been caused by drowning. It was commonly the case
that the right ventricle of the heart was full of blood, iind
the left empty—not invariably. The symptoms were in
this case the reverse. The actual cause of death was
asphyxia. The surgeon underwent a long examination and
cross-examination. The post-mortem examination was
assisted by Dr. Cousins.
Mr. Beethani said this being the evidence for the pro-
secution, he submitted that it was circumstantial, but
that it pointed to the prisoner as the guilty person, and
he submitted that what was stated by the medical gentle-
men was not irreconcilable with the theory that death re-
sulted from drowning.
Mr. Bere addressed the jury in a lengthened and elo-
quent address ou behalf of the prisoner. The learned
counsel argued that there was no evidence in this case,
from beginning to end, pointing out the prisoner as the
niurtierer of the Arta.
The Judge having summed up, the jury returned a ver-
dict of Nut Guilty.

NORTHERN CIRCUIT. —3IANCHESTER, Der. 6.
CROWN COURT.—(Before Mr. Justice Blackburn.)
John Itrwrler, 30, was charged with shooting at Miss
Emma Gawthorpe, whilst she was engaged in walking for
a wager, with intent to disable and do her some grievous
bodily harm.
Mr. Higgin was counsel for the prosecution, and Mr.
Ernest Jones defended the prisoner.
Miss Gawthorpe, being sworn, said on the morning of
the Y2th Augost (Sunday) she was engaged in walking a
match at the Mona-gardens, at Elton, near liury. The
match was to walk a thousand miles in a thousand consecu-
tive hours, and she hail still a fortnight's task before her. At
a quarter to eight o'clock in the morning she sent the
prisoner, who was in the grounds at the tune, to meet her
servant, Jane Meaney, at the railway station. He re-
turned at a quarter to ten. She was then walking.
Mcaney had art ivied at a quarter to nine ; and when the
prisoner came back, she intimated to him that he had not
been to the station. He then went to the " potting "
house, attached to the hothouse, and kicked at the door.
I She saw him soon afterwards at the hothouse door. She
was on her fifth round, and was walking towards him,
when he placed a gun to his shoulder and aimed at her
and pulled the trigger. The cap exploded on the nipple,
but the charge in the gun did not explode. She was about
six yards from him at the time.
In cross-examination by Mr. Jones. witness said the
prisoner was her brother-in-law, and it was his duty to
wake her during the night in time to resume her walking.
Jane Heaney said she was in Miss Gawthorpe's room on
the morning in question, and asked prisoner to have some
breakfast, but he would not. He said, " I must do the
job, and it will tell a tale." He went behind
the door and took up a gun, and took it to the front
floor. Ile stood on the middle step, and aimed the gun at
Miss Gawthorpe as she approached near him ; he pulled
the trigger, and the cap exploded, but the gun
did not go off. He then took a lucifer match
from his pocket, struck a light on the barrel,
of the gun, and with the gun pointed at prosecutrix (who
was then walkink; from him), he attempted to file the gun
by putting the light to the nipple, but the light went out.
Jane Mahoney (servant) asked him for the gun, and got it
under a promise that she would put him another cap on
the nipple, but she took it to Mr. Weston, owner of the
gardens. He then kicked witness, and was given into
custody. He was not drunk.
Jane Mahoney being sworn, corroborated the last wit-
nevi, and said the prisoner on presenting the gun stated he
would put an end to the walking " and the whole job lot."
He was drunk at the time.
Evidence was given by the police that when the prisoner
was in custody he said, " Tell Mr. Ainsworth he has won
his money, for the woman has not walked it." On
drawing the charge from the gun they found only some
coarse powder and wadding in the gun ; there was no ball,
shot, or slugs in it.
Mr. E. Jones (for the defence) argued that the affair
was only a rough practical joke. The prisoner was watch-
man ti Miss Gawthorpe, had to wake her, and if he had
been disposed to defeat her object in winning the wager
he could Lave accomplished it by not arousing her in
time to resume walking.
His Lordship summed up very briefly, telling the jury
that if they thought the charge in the gun might have
done the prosecntrix grievous bodily harm had the gun
gone off, they would infer what his intention was from
his conduct as described by the witnesses.
The jury, without leaving the box, found a verdict of
Not Guilty.

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THE POLICE COURTS.

DIARLBOROUGH-STRBET.
Jaw, &rift, money taker, and Thomas Cite Wpm!, check
taker, both at the Haymarket Theatre, were brought
before Mr. Knox for final examination, charged with
embezzling money belonging to their employer, Dlr. John
Baldwin Buckstone, the base°, and also with guzzling a
number of operailaasea.
Committed for trial ; bail refused.

WORSHIP-STItEETwho.
ve the name of
A respectably-dressed young mars, ga
John Heat, and said that he was dealer in horses, bad
to answer a charge of stealing a silk umbrella, value Jo
Mr. East Gray said—l reside at Woodford, in Essex, end
am a writer for the papers. This morning after leaving
the train at Mils-end I walked to Shoreditch, and entered
the Unicorn Tavern, near the terminus of the railway. I
there ordered some refreshment, which, as the waiters
were busy, I myself carried into the parlour, almost imme-
diately after which I missed my umbrella, and recollected
that I had left it on the rail by the counter. I returned,
but much to my surprise it had disappeared. From what
was told me by one of the barmen I pursued this person
(prisoner) about 100 yards, and found him looking into a
shop window, with my umbrella over his head. I asked,
" Where did you get this umbrella from ?" He replied,
" It's mine," but the next instant added, " I found it and
took it, thinking that it did not belong to any one." A
constable, whom I had requested to follow me, stood by
and heard this, and at my desire conveyed the prisoner to

the station-ho Use.
Smith, 95 G.—On the way to the station-house, prisoner
remarked, " Let the prosecutor kick me—do what he
pleases to me, so that he does not prosecute me."
Prosecutor (by Mr. Vann).—Prisoner did not my that
he had lost an umbrella of his own.
Alfred Bailey, the barman mentioned.—The prisoner
did not have any refreshment, and walked off hastily with
the umbrella.
Mr. Vann contended that although his client had as-
suredly acted most indiscreetly, the offence was to be
fairly looked at as one of illegal possession only. The
young man had lost his own umbrella, and seeing this un-
claimed, appropriated it to shield him from the rain.
Blacistrate—lt was stealing or nothing. I will send him
for trial if he likes.
The prisoner then pleaded guilty, and was sentenced to
one month's imprisonment.
HAMMERSMITH.
Gcome Lay, aged 11 year', was brought up on remand,
charged with stealing six sovereigns belonging to Edward
Byfield, of No. 4, Maxwell-terrace, Fulham.
It appeared that the prisoner, with his parents, lodged
in the same house. The sovereigns, which were in a
purse, were missed from a drawer in the prosecutor's bed-
room on Tuesday week last, and on the same day the pri-
soner absconded. In the evening he invited three other
boys to accompany him to the Victoria Theatre. He paid
all their expenses, gave them money, and treated them to
pies and beer. He told the boys that he had picked up
the money. When taken into custody he showed the con-
stable a field opposite the Gunter's Arms, Brampton,
where ho bad buried the purse, which was found to con-
tain one sovereign and 2s. (id. in silver. He also said he
bought a pistol and buried it. One of the boTs was
injured by the explosion of some gunpowder which had
been purchased out of the money. The other two boys,
who belong to the " shoe-blacks," delivered up at the
sti.tion nearly all the money they had received from the
prisoner.
Manly, the constable, informed the magistrate that
2/. Its. had been recovered, betides a pair of boots, twit-
sera, and cap, making altogether 3/. 15s.
Mr. Ingham said 2/. ss. had to be accounted for. He
asked if there was any chance of recovering the remainder
of the money.
Manly said he thpnght not.
Mr. Page, the usher, explained to the magistrate that
the remainder was spent at the theatre and in pies.
The father came forward and gave his son a very had
character. He said four months ago he robbed him of a
half sovereign, and he was put to the expense of 5/. 10a.
on account of that case. Mr. Arnold, et Westminster
police-court, fined him U. for whipping him. He ex-
plained that he corrected the boy for the robbery, and was
charged with beating him with a strap. He had behaved
better since the beating, until this case occurred. He
robbed his mother twice before he stole the half sovereign.
Mr. Ingham then questioned the father as to his means,
with a view to ascertain how much be could afford to con-
tribute towards his son's maintenance in a reformatory.
He said he was in the receipt of 30s. a week, that he had
three children, and an afflicted wife. He could not afford
more than Is, Gd. a week.
Mr. Ingham said the boy's maintenance in a reformatory
would coat ris., and to talk of paying Is. GI was ridicu-
lous. Ile thought he could afford 3s.
The prisoner was then asked if he had anything to say,
when he admitted taking the money, and promised not to
do so again.
Mr. Ingham then ordered him to be imprisoned for
fourteen days with hard labour, and at the expiration of
that time to be sent to the Wandsworth Boys Home for
live year.. He made an order upon the father to pay 3s.
a week towards the maintenance of his son. He allowed
the two shoeblacks a alining each for their loss of time.

FLOG.;ING GARROTTER:L-1H accordance with the
sentence passed upon them at the last session of the
Central Criminal Court, several members of the garrotting
fraternity underwent the discipline of the cat-o ninc-tads
yesterday at Newgate, in the presence of the sheriffs, the
under-sheriffs, the governor, and other officials • Mr.
Gibson, the surgeon, being also in attendance. The: first
who were brought lout were Henry Wilson and Charles
Everett, who were convicted of a robbery with other
prisoners, and accompanied by violence, in the neigh-
bourhood' of Gray's-inn-lane. These prisoners also con-
ducted themselves with great violence towards the
' police when they were taken into custody; and the
sentence passed upon them was seven years' penal servi-
tude and to receive twenty lashes, and the latter portion
of the punishment wasucw inflicted upon them. The next
prisoner was a man named Michael Mack, who was sen-
tenced to seven years' penal servitude' and 20 lashes, for
a like robbery in the neighbourhood of the Gray's-inn-
road. The next prisoner was David Benjamin, who was
sentenced to seven years penal servitude, and to receive
35 lashes, for a brutal robbery with violence in Cannon.
street, City. George Mason and William White were the
laat two who " suffered." They were convicted of robbery
and brutally ill-using a gentleman named Swallow, residing
at Peterborough, in the neighbourhood of the Great
Northern Railway, King's-cross, and sentenced to receive
23 lashes each. The punishment was ingicted by Cakraft
most effectually, and it is to be hoped that it will be
' attended with salutary results.
HIGHWAYMEN AND THE CAT-o'-NINE TAILS.—
Yesterday, at the Stafford Assizes, two men, named
respectively William Herbert, ?2, tailor. and Henry
Bourne, 21, shoemaker, were found guilty of robbing an
old man named John Foxall, in Wolverhampton, of Bm.,
a knife. and other articles, and were sentenced by Mr.
Justice kyles to seven years' penal servitude each. They
were also ordered to receive 25 lashes from the
cat-o'-nine tails. - -

Mr. 11. LovarsN TA) hot: f..ht he thought the amendment
went far enough by proposing a committee, and that
the other 1, .rtion of it oa,,•`.t nut to he l t,•01. lie
hoper. IK-nquet of the tith of Nuveinher would con-
tinue for centuries to come, and he believed that if the
aldermen and others would forego a portion of their privi-
leges as to the invitation of guests, none of the con-
fusion and inconvenience that at presented existed would
take place. (Hear, hear.)
Deputy FRY, in supporting the amendment, /maid
it appeared to him that the time hail arrived when
thebanquet of the 9th November should be-
come a corporation banquet, and that the funds to
defray the expense of the entertainment should be pro-
vided out of the City's cash, andthat the arrangements for
inviting the guests should be carried out under the autho-
rity of this court, as was now proposed. The present ar-
rangements were certainly vary defective. Upon the oc-
casion of the last banquet he saw clerks in mercantile
houses in the City seated at the principal tables, while
some eminent persons were unable to find seats. H,
hear.) How the persons he had just referred to got, their
tickets he was linable to say, but he thought it' very
likely, as the tickets were transferable, that the persona
to whom they were originally sent could not come to the
banquet, and had given their tickets away.
After a short further discussion, the motion of Mr.
Heath was put and negatived, and the amendment was
carried almost unanimously by the court.