The Express.
London, England, 1860-12-21 00:00:00

THE EXPRESS, FRIDAY EVENING, DECEMBER 21, 1860.

Sabi intellistmt.

EQUITY COURT& —Use. 20.
(Before Viorasmoollor Bir J, Stuart.)
r. warrs.—THl SWIEDIENBOROIAN BOCIITY.
Mr. Melina, t4C., and Mr. Henry Steven; appeared in
support of a motion oe behalf of the plaintiffs, john Spur-
gin, and several others, who filed the bill on behalf of them-
selves and all other the members of the aesociation of per-
sons canal the Swedenborg Society, except such of them as
were made defeudente, that the defendant White might be
restrained by injunction from acting as agent or manager of
the society ; from selling arty of the books of
the society, and from readving an moneys due
to the society, and also from selling, or adver-
tising at or from the bees* of the moiety any spiritualistic
books, periodicals, ar dim works whatsoever, end from
disturbing, hindwig, or ischetteg the plaintiffs, or "my of
their agents, in the pessesslos ar sedornent of the house of
lie society (being liw 311, Bleemsbury4Meet, in the county
of Middlesex), or is the ponessekm of the books, stock in
trade, tec., at seek beesa, or is airryieg on the Moine= of
the society at such how& sought an injusetios
reetreining William Martin 'IIM IN, on from am mom
lacy of the society, &Malmo restesining Wilitbiryer the
treasurer of the society, from applying soy el the maim of
the mid society except in secordanee with the rules cd the
society.
Yr. Balms, C. Mr. Hobhouss, and Mr. Homy are for
the delembeits.

' TM monks is at pnosat only part Mud, and will b•
prosoodsd widener the petitions to-morrow.

COURT OF QUERN'S BINOIL—Dao. 20.

Mane at Nin Prins aka Term in London.-(Belore lie
Lord Chid Justice and Special Juries.)
WOOS AND dram, awl:moss, a. TEN lAITUN

00011}0/ RAILWAY 00iLtAIT.

This wee ea adios leader Lord Campbell's Act, sad sub•
etaatilly the quietism involved has bus already deeided in
the Court of Ibrebequer by the ere el "Mamma +. the
Eastern Counties Railway." In that ease the plaiatiff
brought an action few the lime of • lag, marring cse the
nine occasica as the pniseat action armee out of sad he
recovered I,OOOL damsgsa As effort was mad; sere-
greatly to upset the valid by aa appeal to the tan wart,
but it did not aeeeed. In this is Canoe tlaintlift,
George Stokes and others, executors of Edward Stokes,
declared, on behalf of his widow and five children,
that he, • traveller on the defendants' railway, came
by his death id consequence of their negligent management.
The defendants by their pleas denied the eha
Mr. Edwin Jame.,Jame.,Q.C., Mr. Huddleska,l., end Mr.
• Mills, smeared for the plaatiffs; Mr. Q.C.,
Serjeant Batiese, Hr. &ishby, tad Mr. Kays, for the
*Weise is sot likely to be easeladid before Saturday
evening.

COURT OF IMOHZQUXR—Dso. 20.
Nisi Prins el Oaildb•ll.—(Hdere the Lord Chief
Harm sad Ominous Juries.)

IMMIX Ir. DAY —sots 111PRI9OINIMIR.
Yr. Joy.* wan ocranntl for the plaintiff ; and Yr. Tindal
Atkintion for the didendant.

This wee an action brought by the plaintiff, • dealer in
cigars in the Haymarket, against the defendant, a furniture
dealer i• the Londonmad, under the following eircum-
Manses :—lt appeared that the plaintiff bad ptuultaaid
some goods, for which he had not paid, from the de-
fendant, and haring to make up some rent, he, on the
Saturday after the tirchaot pawned some of the artists,
moon/Aug to 21. This came to the knowledge of the
defendant, who bad the plaintiff taken into custody at
two o'clock in the morning. The plaintiff was locked up
at the police station, mid was tabs. Way kr. Norton, the
magistrate, ►t 4 o'clockom • of ebbb goods by
false pretences. He was roe rasi4 tor • wee wvhout bail,
s•d for this alleged wrongful lambeinme•t he brought this
adios. It was admitted, cu behalf of the defendant, that
he could not jaatifs the aet, and the only question thim-
ble for the jury wm no to deasnies.
The jury retired, and Aar • abort absence found a vie*
dint for the plaintiff—demegne,
This wee the lest day of the sittings for this court—the
ores list haring been disposed aL

COURT OF PROBATE AND DIVORCE..
Doc. 10.
(Ware the Jules Oct.)
MITI •. POTTS—STICIAL JUIT.
This was a snit to austablialt 9.ls_wil! of the Lp Yr.

Nutley Potts, who died in the 23d of Feb. Bet, laving exe-
cuted the document in depots • few hours before his
decease. It wee propoended by Elisabeth or Polls,
who claimed to be his wife, and it was append his nazi
of kin.
Only sir of the special jurors answering to their names,
Sir C. Creasweli fined eight of the absentees in the sum of
101. each ; azioopt them wee Mr. Mitchell, who bad sent
his *errant to clam an exemption for him oa the ground
that be was a member of parliament.
Sir C. Creswell said that the excuse would not avail the
ban. gentleman daring the room. He must pay his be
like other people. (A lamb.)
Mr. fierjaant Shea, Mr. Macaulay, Q.C., Dr. Middles",
end Mr. Smith appeared for the plaintiff ; Mr. Edwin
James, Q.C.. Mr. Berjeant Pigott, Dr. Spink• and Mr.
WilliamsWatkin were counsel for the defendant•
Mr. Sereant Shea, in opening ths plaintiff 's ten, said
that the wee • young man who bad died in the full
strength ad vigour of his youth, at the age of 26. He
was the so* of the late Bev. Joha ftits„ of the
diocese of Amesgh, end he led left propal:itYVlCl:alue of
7001. • year, ronsistiegy of landed elide, partly of
thepremeds arising mid partl L
immeshed ia the funds
and ease seanrities, sad La* leratia4de d Bainideris
Nero LIM, late& aka* had Added Ha 40001. a year.
He was educated at Rigsby Selteal. which be hit at the age
of 18, in order to become an andevrednate of Trinity Col.
lege. Cambridge. He quitted the Urdlressity in 1851. Be-
fore then he had termed the ampaiataate of the plaintiff,
the daughter of • widow who bad bean the wife of • Media-
awn, ad who occupied • position of independence though
not of affluence. In the month of Maruh,lB.sB, he returned to
Cambridge, and induced this young lady. then 16 or 17
years of age, to accompany him to London, and to reside
with him et No. 51, Hans. place, Sloaneetreet. At
this time it was clear that his constant effort was to arrange
• marriage with her without coming in collision with his
timely. In April he went to Dublin, from which city be
wrote the following letter to the plaintiff, whom he ad-
dressed as "Ilirs. Potts r

" Tuesday.
" dear Elia.,—l am quite well, and I arrived here
mute widely. I woke to my mother this morning. She
was very much annoyed, but she maid that if I am deter-
mined to marry you she won't refine her consent ; at the
same time she mays she will not come to the =mime. I
did not tell her your name. You may depend, whatever
may happen. on finding me ever the came. My darling,
nothing shall separate you from your own

Aker Lk return to Yachted be went to Scotland, where
he directed the plaintiff to meet him, in order to be married.
On the 17th of August .be arrived at Stirling and was met
at the station by the deceased, in company milt his irked,
In,. Robert Ttiessat. The two young man went to ea
episcopal clergyman, and requested hum to perform the
eerinsimy at emu; but they were told by the rev. gentle-
man that it wan inigxesible for him to comply with their
with. Thial dm went back to the hotel, and the da-
mmed, calling on Mr. Termini to minima, took the plain-
tiff he the hand, and said, " I take you for my wedded
wife." Then the plaintiff said to lam, "I take you for
my wedded husband." The deceased, after this, put a nog
on her huger and kneed Ler ; and, but for a recent act of
parliament, the marriage would have been a perfectly good
sod valid one. The statute in iineetioo required, bowerer,
that at lost one of the potties should have resiikd in Scot.
Lunt for twenty-one days. The testator anal plaintiff,
therefore, after travelling about Scotland till the
29th, repeated the marriage at Wick; and this
time it was perfectly valid. After their return to
Loudon they lived together at Old Oak Cottage, Shepherd's
Bush ; but Mrs. Potts having still some doubt, about her
marriage begged her husband to leave her for a week or ten
days, and make up his mind about it, telling him that if
be would not many her openly she would leave him. He
accordingly west away on the 11th of February, and stayed
at tho Tavistecli Hotel the Dith, when being unwell he
returned to Shepherd's Bush, and the will was executed
under the cirennistauxes detailed by the witnesses.
Mr. E. R. Day. of Hackney, surgeon, axial he was sent
for to see the deceased on the Tuesday before be died. Ifo
was suffering from a bad cold, which had supervened ea a
bilious attaek. At got Le grew better ; but about twelve
as Weduesiley night witoess was sent for to him, and found
him very much worse. He said that be was going to die,
and that he wished to die aware. He bagged-therefore
that nothing might be gives to mamas him. Asked Mrs.
Potts if he had been wanderiag at all. Testator instantly re-
plied that he had not. Advised Dr. Budd to be sent for.
11.7 p to this time there had Dot been the slightest wymptom
of any failure of zuevonry on the pert of the testator, and
nothing whatcver bail been said about a will. Before Dr.
Budd arrived tie servant bed been mot for Mr. Rowley
Hill sod Mr. Torment, Mr. Potts giving the address. Dr.
Build arrived at about two. The testator first mentioned
the subject of a will. He said to Mrs. Potts, " I have
made no wild -couldal I do it Dow? I could sign a will, if
I could not write me." This was after he had asked Dr.
Build whether he was likely to recover, and had been told
that he was not. Dr. BeM asked him questions about his
property and his relations. Ile said he had DU children,
and no father or brother, but that he had a mother and a
sister. Dr. Budd then asked what he wished to leave the
latter. He replied, " Nothing." " What !" said Dr. Budd,
" will you not leave something to your defiler sod he
again slammed "No." Dr. Budd repeated the ;
and the testator, discerning his " Dun
quite eenaible As to his property, be he landed
prperty, ramey in the finds, mad in railway& Dr. Budd
then asked, " Ts whom, then, do yea brave your property ?"
His reply was" To Lissy," Weis( to Mrs. Pot* who was
lying dressed en the bed. Dr. Budd read the words, as he
was writing them.'"Thia is the last will of mew dab I'azl•7
Potts." Mr. Potts corrected " Naniey"--epdliag the
wool. TLe will went on, "I give and bequeath the whole
of nay property, real and petunia', to Elizabeth." Dr. Budd
hal asked her name; anal then I *Mitered in his ear,
" There is n report that thi-v are not married. Perham it
would be as well to ask the goodies.' Dr. Budd said to

MM. Pod*, "Are you Manled!" She replied, "i eveleeeir.
did in Scotland ; but I cannot prove it now." Dem**
said " Put nimbi& Rattey." Ile then expreemeThle whib
to leave 6001. a year to his cousin, Rowley Hill. As Dr.
Budd was writing that down be spelt the name
"May,' and asked the deceased if that wee the proper
orthography. H. hid "No," and again open the same for
him. Dr. -Budd read the will over to the diseased, and
asked him, "Is that what you wish v' Hit reply Ws;
" Yes." He was then helped up. and be executed the does-
mint Dr. Budd, looking at the signature, said, " Why,
you haven't put your full Christian same." " That is dew
consequence,
measquence," WM the reply, " that is the way I always
sign my name." There were present Mrs. Barrington and
Mr. Battey, the brother and alder of the plaintiff. The
within attested the will. The deceased then requested
that Mr. Battey should be the other witness, and he also
ateeded the instrument. Dr. Budd remained about a quar-
ter of an hoer longer, and left about half-peat &
Mr. Rowley Hill and Mr. Tennant arrived soon after. Mr.
Rowley HID entered hito a religious oonvereation, in the
000.1111,11 of which Mr. Pods mid, "I have left you 6001. ayear,
Rowley, so you seed not mind about your curacy. By
the bye, Tense*, I haven't mentioned you In the will, hut
I should like yes to have my books and jewels. You'll
give them to him, won't you, IMry ? " She said, " Yea, I
wit' Sir John and La 4 Hill, the brother and eider of
Mr. Rill, then arrived, and I left the room. In about five
they sent for me main. The conversation that
weed was not shout the will, except that he said to Sir
Jake. " I have left my property to Limy." Mr. Tennant
W asked to see the will I gave it to him ; and he hav-
gig:: it pve it to Mr. Hill. Inconsequence of ►some-
that Mr. Tennant said, Mr. Cleobury, a solidi*, wee
eget .Mr. eleohary came and saw the wilL Theo ter
War would then have been quite competent to make m-
aker will V he had pleased. The Rev.
_Mr. Twine ea*
afterwards eget for, and the doomed received the seem-
meet at his hands. He made aged *gem sed modeled
the mafiosi*. Mr. Teens etathe decals* died,
vide was at about six o'clock. Me remained perfectly
swede till the moment of his death.
Orarrixamined—lt struck einem, when be requested to
be kept awake till he died, that he might possibly have
hem wandering. Bad given him permission, the
fare, to take two or three glassed. of champagne. Did not
eanelder that alcohol underany form would have a tendeucy
herein the symptoms of bronchitis—the complaint cif
the deems& Was informed that he had not had any
brandy and water as well as the champagne, but whew*
gave him some. Mr. Ratter bad been sent for. Could
swear that he was there before the execution of the will.
The deceased did not wander at all while witness was is
the room.

-Yr. William Battey and Dr. Budd pve conlirmaka7
evidence. . _

--Mr. llerjeant Pigott having received from Dr. Hada ma
assurance that the deceased was in perfect pores • cl hi
faculties, abandoned the opposition on the part of Me
then and
The jury found for the plaintiff.
Mr. Serjeant Shoe then moved that the defendants be
condemned in the costs.
Mr. Serjeant Pigott, on the contrary, prayed that his
client's cats might be allowed out of the eriWe.

The Judge Ordinary said that, if salted to do so, he
should feel it his duty to condemn Ohs ddendents the
coda, though, probably, having meal Imo We admit al its
forting, the *lothf would not Wilt olt Owls ballg ptit
Adminillastion to the plaintiff, ' •

COURT OP BANKRUPTCY.—Dic. 20.
(Before Yr. Cloonnissioner Holroyd.)
22 LAIDLINCB, NOBSIXOBZ, AND 111:121ADMIL-721 MILT
reams IN THi =ATM ?NADA
(Continued from yesterday's Avu. )

Yr. Ifenball examined by Mr. Lair/star—He wu the
asea of the Bank of Lades. Ryder opened an amount
with Ohre. He wu introduced by Xr. Llama in Jay
11$7. Upon the faith of the stateramet that the bill wcdd
be *innate they discounted for Ryder. If be bad known
thee bill. were r. papa. th_eywowidnotliair!
-

diseounted them. At the cartyjitt deslised
to further discount for Ryder. Them w. Cu. or two res.
sees One was that the soccient me net • mereriesesitim vii
and the other, they thought thep had • Ws stns, et liability
the bills of Sirastheid and co. Mr. Imo. always
*sin highly of the Mlle, sad saki at they had leather
al the bottom of them. H. mid thell himusetly, and said
they were as good at ems sod as at the ethos—
and (motioned the witeem) whip !hey vire. (A
He bad had twenty-fear mare' bares erperisnes, sad it
We d Streatfeild and Co. were Went* to Wm fee value
received he should mender they represented emnaercial
tramsetioas net leans to keep up totting hem On many
oesanoss Mr. Lawmen bed represented that he and Mr.
Mortimer, were both rich men, having freehold ,
stock, ke., independent of their capital and thebesioaen.
He mid he had property at Virginhowster. Did not tall
him the deeds were with the B.& of Ragland. Law he
had accounts with the Bask of Ragland mid the Oily Beak.
The Oranistionsr— Whenever • party presints aMB to
yes aid me wee open to suspicion. wmW yes eeedelsor the
other was bound to let you know of his pcsftka
Witness—That is MUM a wide question. 71qmade at
the inquMy pond We. After Draper's failed they Hind Ms.
coast for OtheathOdani Co., ou,learniag the &MAW Dasper's
hod been supported by therm
Visair. Larnaca —He was for sixteen years in the Bank
of that time he believed that the bank
discountedveryDratie with them. He did not solicit Street-
fields to bring their amount to them. He did not know
how the account came to the bank. He did not, to the
best of his recollection, ask Mr. Laurence tolaseome •direc.
for of the bath. If Le had offered to do se in bit then
patio° he would have been received with Mien arum He
mad not fix the date of the conversations with Mr. Lan-
nip. They happened very frequently. He had sollnilei
knishes of hills. -He beard by implication from Mr. Mire.
soya that threatleilds' had supported Draper's. It was
salt a rumour abroad, but was not • fact. He had re.
Wally inquired of the character of die_a. altunifelid and
the customers with whom they were deign badness. He
inquired at the Bank of F.nglaod : they had a high °Maim
of the home. It generally held a high reputation. Their
principal oonfidence was in the perms who brought the bill.
Re-examined by Mr. Linklater—Did not ask Mr. Lau-
rence to become • director at the bank after Draper's fallen.
He remembered Mr. J. Herbert Smith opening en aocovat
at their bank is Amil, 1857. He eras referred to Mr. Her.
*Dore, mid be said he would be happy to trust him 50,000 i.
without a shill* of security. He never came afterwards
sod said Smith was tottering. Never came and gars him
• friendly motion. Never beard that Streathelde thanes&
tithe with Draper, in a commerehd sense, amounted to
31.0001., and they had acoommodated them to the extent of
upward. of 400,0001. He should call that "bolstering."
They held bills of Barbie and Waring to the amount of
5,0001. They were discounted for Lureoa. Mortimer.,
and Co. It was not the custom for respectable people, cos.
taxers, to offer to a beak bills of pesos' who were known
to be Insolvent. If they did so it would be • custom more
" honoured in the breach than the observance."
Mr. Laurence examined by Mr. Linklater
Did your house prop up Draper 1-1 don't know what you
mean by the term.
Did you not advance him loans to enable him to meet his
eseragementel—Certainly we did.
Did you use Draper for your accommodation at any
time Yes.
Do you find by the account produced that In December,
1857, you had overdrawn Draper 2,4e21. ?-It could not be
except in anticipation of goods coming forward.
I think you will find in every month in 1858, with two
exceptions, that acoount was overdrawn?—You are quite
mistaken.
Mr. Hart will point it out to you.—On the 31st Decem-
ber, 1857, bills were drawn. but only for one day.
Does it happen that on the 31st December, 1858, the
account was overdrawn 1,5881.1 Take Mr. Laurence, Mr.
Hart, through the year 1858, and we shall see the account
month by mouth. Was it true your purchases for Draper
for three years and a half amounted to 31,5991. or there-
aboute—Yes. .

--leinekitheee figures not to be controverted, the put•
chum wise to that amount!—Yes.
And k it true you received Draper's acceptances for
458,0001.1—Ter.
Witness said tbev had waisted Draper in 1858 and 1880,
but believed him aiwaye to be solvent. He believed Draper
would have bad to stop if they had not helped km. That
was hie present impreesioe ; but he did not believe so at the
the.. They agreed to take 15e. in the pound from Draper.
The debb yen shoat 170,0001. and the sakes 129,0001. It
was agreed DIV' should go ou, the stipulation being that
it should be kept "quiet." On the 23rd of June they
retired from the Bank of England Draper's acceptances to
the amount of 4,6361. At that time he was indebted to the
Qty Beek in a loan of 10,0001. That was not repaid. He
soak declared he did not know why he made the alterations
in the bM-book.
The

You must hays bad some reason.
The witness, in answer to repeated question; persisted
that he bad no object or motive in making the alterations. '
Be had beard Mr. Marshall's examination. He did not
think be had frequently said the words Mr. Marshall had
Mated, that there was leather at the bottom of the bills.
He was uot aware that he we. asked the nature of the
bills he took for discount. A few may have asked him.
He thought A lexander's did some two or three years ago. He
hardly knew who they asked about. He thoht it was about
Herbert Smith and Smith and Patient. These were the
two names. Mr. George Alexander asked about the bills.
It was in 1857, after the panic. Before the panic he used
lie eassedown and insist upon having bills. He opened •
diesuut amount with the London Dnommt Company in
M. The manager or auhrummer called as them, and he
Nil it was a question of rote. ho conversation took place
th• nature of the bills to be discounted. The London
Ur mall Company no doubt would ammo they would
have bale of tanners for hides and leather. They were con-
tinually sending for bills. He believed they now held bills
of J. Herbert Smith, and Smith, Patient, and Smith. The
manager of the London Discount Company told him they
liked bills for 7001. better than 1,0001. for small amounts.
A eorrespaodenee was read. In one letter the manager of
the London Discount Company said " that to-day he had •
teaspoon for him" (Laurence).
Mr. Lammas—What is a teaspoon !
Witmer-5,0001. (Laughter.)
Mr. Taarranos—And a tablespoon?
Witeees-10,000/.
Mr. Lawrence—And a gravy-epoos?
Witmer-18,01a. (Laughter.)
Mr. Lisklater—And a ladle

Witness -I don't lmow. We had ladle. formerly. (Re- i
sewed laughter.)
Witmer said when be discounted the bills with the Los.
don Discount Company be believed they would be provided
for. He was aware that if be did sot meet the bills
discounted with them Mundy would not be able to do
ee. It he had contemplated a superior he should have
bees in a different position, but he Inver contemplated any-
thing of the sort, and thought they had enough to meet
everything. He never understood their inability to meet
their bills until the suspension.
Mr. Limane said the female branches of his family were
suffering greatly.
The Commusaiorier-7t is impossible not to feel fur them.
Mr. Loki/star—There are a great many other sufferers
basideikthein.
/Ir. Laurence, who was deeply affected, said he had fur.
nished Mr. Lawrence with a Instory of the house from
1806, sad its Ave and progress. He no doubt would
take same time in relieving hint from the imputations which
bad been thrown out.

The aittingWLthen adjourned to the 9th of January,
with the arrangement that it ahould be coutinued on the
following day.

A&SIZE INTBLUGENCIL

HOME CIRCIIIT.--daammoroaa, Dao. 20.

The commission for the oounty of UNIX was opened this
morning before Mr. Baron BramwelL
The calendar 001314i1111 the names of 27 prisoners, and.
with the exception of three nom of setting fire to sticks of
sad ass against a man for a felonious aim& upon
two hi elnaghters, the offences with which the prisoners
stand charged are not of a very serious character.
The cases tried to-day were not such as to call for •

WESTERN CIRCIIIT.--Exaras, Daa. 20.

(Before Mr. Justice Bytes.)

- FORGERY BT ♦ sart.wAy

James Anning, aged 27, a railway clerk, wee obearpd
with having forged a cheque for the payment of 141. 175., al
Tamistock, ow the 7th of September. Other counts charged
the prisoner with uttering the cheque knowing it to hams
been forged.
Mr. Clarke prosecuted ; and Mr. Carter defended the
Rymer.
The prisoner had been an inspector of the works of the
Tavistock rsilway. On Friday amain, the 7th of September,
be west to the shaped Mr. Diem, ironmonger, of Tsvistook,
odpnrolursd • pm sad other stiklea, repreeenting himself to
be in the employ of Mr. John Spry. InerEntait far the
srthiee the pnsoner tendered a cheque, all to be drawn
by John Spry, and made payable to Nicho GianvMs or
UMW. 'IL Dunn refused the cheque, which was mbar
masertly discovered to have been forged. The prisoner,
when apprehended, said be had been requested by a man
who represented himself to be called Con, and to be • pale.
keeper, to get the gun, &a, from Mr. Dunn, end had
handed him the cheque to pay for them.
Xr. Oldie. for the defence, said the prisoner had been

—The-fury found the priaoner Guilty of uttering the eheque
knowing it to have been forged, and he wee iienteund to
five yean' penal servitude.

Die. 19.
PULLCY Hr TIM CHASM=

Prederiek Handy, alias Brod, alias Wood, 27, ruler,
end Witham Figuring, 16, sailor, were indicted for fe-
loniously betraying their train as MAIMS, and
a revolt on board tho schemer Flown, of Bideford,
on the 19th July, 1860. Finals( was also indicted in the
calendar for stealing a boat, sails, and chain, of the nano of
201., one gold watch, of the value of 101., and the eras of
81. 10a. of the gold and silver coin of the realm.
Hardy also stood indicted for unlawfully and fe-
loniously wounding Johis *helm, on board the said
schooner, with an iron bar, Whh intent felosionely and
of her malice aforethoeght .to kill and anerder the
said John Baladon. Mr. Cole appeared for the
The Flown was a schooner of 98 tons hen
and in the month of Jane last sailed from Plymouth to
London. The cargo having to.. discharged a fresh one
was taken, and she left for Newport in July. The two
=ad another man named la'Kessie, were shipped
dim, and all went on well till the night of the 19th
of that month, when the schooner was at em on the Devon-
▪ is erect, about 10 piles foam Heavy Head, near Dart-
mouth. The mew comilated Of the two primate, three
other men, ad the master. At 9 o'clock the captaia was
on dock keeping his watch, and Hardy was at the wheel.
The latter said he was miry cold, and as he um whitest his
coat the captain told him to go and got it and he (the
eaptain) would take the wheel till he returned. Hardy
went below for • short time, and then returned to
his post on deck, the captain resuming hie watch. As be
vas walking up and down, ha madded, heard a noise from
sad vu Muck dews by • heavy blow upon the
hod by liadr, who lad a plies of iron known as • "nor-
mals," and which is used in eneleg the she. The prisoner
then went away, calling to the crew, "Now's year time ;
beds down." 'The captain got ap again as soon se be could,
euitectarered to his cabin, where he aroused his son, an in-
gent little boy of 11, and the mate. He then armed
himself with a loaded gun, and told the mats to take some
pistols to defend himself with, or elm he would be murdered.
The mate, however, did not do so, but said be would go
up to the men and see if he could pacify them, which he ac-
' tordingly did. The result of his good 'Meatless was that
the mutinous crew seized upon him, and lashed him to
the rigging. To show the violence that was used, as the
master waa retreating down the companion, • marlin-
spike was throws after him with such force that its
point stuck into the wood of the steps. Atter confining the
mate they went below, and were going into the cap.
tain's cabin when he threatened to shoot the first '
man who came in. They demanded his money, and
threatened If it was not given them, to turn the Flowpie
bead towards the French coast, and desert ; so that the cop
Min, the mate, and the little boy, would be drowned. Th• as p-
Min refused to accede to their demands for some tiros, bat at
length threw the sum of 71. 10s., partly in gold, and partly in
silver. They said that was not enough, and insisted upon
having the freight money (3001.), which they believed was
on board, but the captain, when to London, had deposited
it at the baoker's. When it was known that this sum was
Dot in the captain's possession, Hardy and McKsasie used
very bad language, and swore that they never would have
gone abroad if they had knows the money was not there.
They next demanded the ouster's gold watch, which be
fold them he could not give them, as it was his wife's, and
he valued it although it was not an axpansive one. How-
ever, they managed to extort this also, and they fastened
the master down in his cabin, and after placing some arti-
cles in the ship's boat they pulled off. The captain con-
trived to hulk out of hie place of confinement and get on
deck, and the mate being unlashed they turned the schooner
round, and managed to get her into Brixham„ where the
captain's wounds were properly dressed, and information
given to the police.
The jury found the prisoners Gritty, but recommended
the boy Finning to mercy.
Harding was also indicted for cutting and wounding
Oitptain Belsdon, but by the direction of his lordship he was
Acquitted on this count.
The learned Judge, in sentencing Hardy, said he never
heard of a more daring act of piracy than this, and the sen-
tence was that he be kept in iLioaal servitude for the natural
tarns of his life ; Finning for three years.

NORTHERN CIRCUIT.—YoRic, Die. 20.
(Delon )llr. Jostles Hill.)

AiTIMPTIED MUM= Mit LEEDS.
John Hirstiverhy, 25, was 'barged with cutting and
wounding, with a hatchet and knife, Stephen Lupton, with
intent to murder him, at New Wortley, year Leeds, on the
Bth of October lag ; there was • count in the indictment
charging the prisoner with wounding the prosecutor with
intent to do him some grievous bodily harm.
The circumstances of this use were of a most atrocious
and brutal character, and it lea matter of surprise that the
prosecutor did not lose his life at the hands of the prisoner.
The prosecutor is a grocer and provision dealer, carrying on
Wetness at his premises situated at the corner of Oldforth-
street and Croseatreet, New Wortley, near Leeds. He is a
young man, unmarried, and lived alone in his house. Two
days in the week, on Fridays and Seturdays, he employed a
Airwoman to clean the various rooms of the house, and
the person who performed this kind of work for him was
the wife el the prisoner. On the evening of the 6th of
October last the prisoner went to the prosecutor's house to
see his wife. He knocked at the door, was admitted, and
had some conversetioe with her, and then went away.
Upon this occasion the prosecutor observed the prisoner,
and noticed the dress be was wearing, seeing particularly a
black band around his hat, and was enabled to identify hint.
About 5 o'clock in the morning of the Bth October the pro
mentor wee awakened by a loud knocking at the door of his
house, and be ooneequently got out of bed and opened the
window to emertain who was there and what was required.
He saw tbs prisoner, whom he observed was wearing • hat
with • black band. The prroaer said that be wasted some
miter oil, stating &bathe bad been to another shop and could
not procure any. The promentor partially dressed himself
and came down stairs, and admitted the prisoner into a
small room of the hollow A candle having been lighted the
prosecutor asked the prisoner if he had brought • bottle for
the castor oil, and he replied in the aMnnative, inquiring
what quantity the bottle would hold. Having been served
with it, he asked for various other articles, and the prose-
cutor was about to reckon up what amount there would be
to pay, when he felt • sudden and violent blow saran the
crow's of his head, and fell down upon the floor. He
attempted to rise, when he received a second blow upon the
head; but not being rendered insensible, the prosecutor
was enabled to seize hold of the prisoner, who was thus
attackingltim. A severe struggle ensued between them,
the candle having been knocked down and the light
extinguished at the commencement of the conflict.
The prosecutor at length became exhausted, and was unable
to defend himself further. Luring the straggle the prose-
cutor cried out " murder," "help," and also called for Mn.
Bonier, who lived next door, to come to his amistance.
When he thus cried out, the prisoner placed his hood over
his mouth, and endeavoured to stills his arise, when be bit
the prisoner's thumb and finger severely. The presenter
heard the prisoner run up stain to his bedroom, and from
the noise he made it was evidnin that he was ransacking
the apartment. The prosecutor arawied upon his hands Lod
knees, and succeeded in reaching the frost door, which he
endeavoured to oper, but was unable from weaknces
to accomplish his object He, however, contrived to

make his way through • trap door into the cellar, and
eventually got into the street. Mn. Homer had been
aroused by the noise, and had partially dressed herself
and gone to the front door of the house of Kr. Lupton
to see what was the matter, and to render allLupton,
the malt!
awe in her power. She observed the prisoner in the act of
leaving the house. He made off, and was not seen any more
at that time. Five wounds were found upon the prose-
cutor's bead, extending from two to three inches in length.
There was a compound fracture of the skull, the bone was
partly ant through, and one of the ears was severely cut.
Frora the nature of the injuries it was clear that some
sharp instrument had been used. The prosecutor, in
addition to the wounds upon his head, complained
of a pain in his beak, and on being examined to ascer-
tain the cause of this pain • deep stab was discovered,
and the bone of the vertebra:, was laid bare. Under-
neath the chair in the small room wee found a hatchet,
marked with blood, and hairs were adhering to it of the
same colour as on the prosecutor's head. This weapon be-
longed to the prisoner. When the room upstairs in which
the prisoner had been was examined, it was discovered
that almcrA everythinghad been turned upside down, the
drawers ransacked, and their contente scattered upon the
oce, but nothing had been stolen. The prisoner wee taken
into custody at his house in Campbell-street about seven
o'clock in the morning. He was then dressed in • different
meaner to what he was when at the prosecutor's house.
He was in his shirt sleeve* nursing • child, and had on a
pair of fustian trousers and • plaid waistcoat. The house
was searched byMr. English, the chief constable of Leeds,
and • bloody towel was found. The fireplace was
examined, and on the hearth ewe was • quantity of
sabre, having the appeanaoe of the remains of burnt
linen or calico, and these ashes were preserved Vsaitlt
English. The house of the prisoner's mother at
Royda was also searched, and between the mattress and the
bed was found a fustian jacket, which bad marks of blood
upon it ; and this jacket was shown to have been made for
the prisoner by a tailor at Wakefield of the acme of Paget.
At eight o'clock in the morning the prisoner wee taken to
the police-station, and in the room where he was for •
short time was picked up • knife with a bent and bloody
Nadia close to the spot where he had been standing. Upon
hie thumb there was a wound, the appearance of which m-
asted that it bad been produced bye bite ; the only inte-
nse, that could be drawn being that the Mil:au had been
inflicted by the prosecutor in the straggt. The prisoner
was taken to the prosecutor's house, andbrought into Mr.
Lupton's rose's, when he immedietely identified the pri-
soner, and he was also sworn to by lire. Horner. The
motive was supposed to be robbery.
The jury were absent for a short time, and then returned
• verdict of Guilty, and the prisoner was sentenced to 15
years' penal servitude.