The Express.
London, England, 1858-07-31 00:00:00

THE EXPRESB, SATURDAY EVENING, JULY 31, 1858.

lab intdltgnue.

HOUSE OF LORDS.—JuLT SO.
TIC 111W1131011 !TILOS.
The home eat as • committee for privileges to ooneider the
Admit at the Prime= dinstiniani of Naples to the barmy of
Newburgh, ia the peeegl of Scotland. The came has been
for rents dew before the hone and has been reported in the
Express. The ow, la the fret instance, was of impli-
es* latursuch as it involved the gentian whether an alien
coald hold en English peerage; bat that point ham been dis-
posed of in consequence of a hill of naturalisation of the
eat having been passed last rake.
Mr. Firming having, ca behalf et the petitioner, put in
wee certificates of baptism required for the eotopledon of
the cart,
Their lordship held that the *ha hod bees established.

EQUITY OOURTL—JuLT 30.
Mabee tba Make at the Bons.)
Ti as Tin MOSAVLIM NOMITY.
The elijset et ads palace w is dada the dramatics of
the wart, whither autos ewe nadir the previsions at the
bast dad to bs esambitesd r \setae woad their ears by
beam pas stead temporarily ca the lasissie d lb,
The arms el the deed wery tarot H say trustee
ahead depart the UMW Kingdom treat abstesever owes
sestive, or gilder slateosver dranesismess awry area
se disparate the United Coßdecl /bola iatmdf-W apes
Ns dermas be, sad be ccasidered es thereby dared
sad tionoecia bees As trait.
Nis Honour bad dot tbs trust wee set nested, the is.
porters being only at it temps:eery esters.

COURT OF PROBATE.—JuLY 30.
(13stee Sir C. Creamsl)
NICHOLLS AND MOHAN V. SINN& AND °raw.
The endears la al the will w rewrawl this
morning sod ceselodsd. It will be rams bled that the
testator, Mr. W. W. Perkiest*, w an adjudged lava* is
Relghain Howe Asylum, as Norwich, bat that It w
nevertheless wuresdad by the plaiutiffs that the instrument
had been masted daring a load interval.
Mr. Collier, Q C., tin seldriased the jury for the da
hadanta, areal; the meafeeld language of the instructions
given by the testator se prod that he could not really have
been sew when be watts thaw
air C. Carmel having sassed up,
The jury found for the pigtail'', Um establishing the will.

via at the Telegraph on the night of the 17th April, and
saw the prisoner and hta wife there, but ho Lad no conversa-
tion with the deceased. The prisoner went out to go to his
cottage, and his wife followed him soon afterwards. This
was about twelve o'clock, and he never again saw the de-
ceased alive. Wilber slept in the back parlour, which looked
towards King's cottage, but he did not notice whether the
shutters were closed or not; and be swore positively that no
one came into his room until the landlord mute in the morning
to inform him that the prisoner had killed his wife. Shortly
after this be saw the pawner, who said to him, "I h ire
dons it for her, and you may go and see her ; she won't be
your any mac" Witness made no reply to the
prisoner when he said this.
By the Court—He remembered hearing the prisoner come
back shortly miter he bad left the Telegraph, and inquire if
" Pull" wee there. He went into the garden for • short
time after the house had been closed, but be would sweet
positively he did not go to the cottage of the prisoner.
Th• primer In en sidled manner hers mikal the witness
whether be did not dad him sitting on the stairs f
Tb witness denied that be had dons. so.

fit; i;lsonar then exclaloTedsDotillilie Inith, may God
s'lou I 17... T Tuft, the superintendent of polls of Rochester, deposed
that he bad charge of the prisoner, and wavered him to
Maidstone pal after his contratUaL The primmer appeared
very mach &Mord to his naiad, end he addressed him and
I have done the died, and 1 mom mar the law—me
end my tritium' smogs the herd to go to my oottage from
the Telegraph, and when I got to the garden I missed her.
I west to my room thinking else would follow, and shortly
ettawarde I retuned to the Telegraph, end asked If she was
titer, mid the !milady told me thmslii had left with ma.

I this went bask to mi room sad laid down, and about
three eolith la the morning I went amour the yard sofa,
and listened at the back parlour shatters of the T
and I beard my wile to the room with Taylor. I tried
the shutters and back door, but they ware festoted,
and I retuned to my mowed about I. o clock, Sliding she
did not owes hems, I wont out again, end found the shutters
wire dm Ifiletssad. I then went round to the frost door, and
head that wee she closed, and I returned home and saw
m wife sitting on the top of the Oaks. I 'tensed her of
Wig oat, sad unlocked the door of my room, and she went
in. She then begged for mercy, and begged me to pardon
her, sad said she would never de so again. My feelings
wire so hurt, I took up the poker and Moot hello'se times
ea the head, and she fell against the table, and I eased her
down at the floor, and then cot her throat with a MOT. I
would radar me her lying died thin that she shout& live to
SKr . T. P. Bevan, • surgeon, of Rochester, deposed that
he examined the body of the deceased, sad found a wound is
the throat which out complied/ Mame& to the windpipe.
There were also several cadged moods on. the head, such
ea would be oseeekaid by blown with • Fier.
The prisoner'. etaioneat whoa before the magistrate was
that pat in. It was se follows :—" I have nothing to say,
only I know that I dose the deed,"
This was the case for the prosecution.
The witness Taylor wee then re-called by the horsed
judge, who addressed him in en impressive manner, and ad-
jured hire to state upon his molest& oath whether the de-
, ceased wee in the beck parlour with him on the night in
gaieties or not, end whether anything improper took place
between them.
soiszilor replied that she did not come to his room, and that
improor took place between him and the prisoner's
wife ea that t, at any other time.
Kr. Boron well reminded the viten' how important
it was to the prisoner that he should spook the troth if any-
thing of the sort had occurred, but he persisted in the
rower he hid given.
The prissaer, to an excited roamer, asked the witness
whether ha did net go to his room oa the Sunday before the
18th of April, sad stop with his wife while be was absent ?
Taylor, in reply, admitted that he did go to the yelsonsea
cottage, let he maid that two or three other mot wereprestat
all the thee he was there. _ _ _ _

Mr. &ft tiisTs sead; a mat feeling edam to the jury
a beak tho prisoner ; and ha mai at the at bad
been eatandled whils he was to • Ma of imam mats-
meat at the Islay which be basal ha hd naelmised at
the ands of We mac Taylor, end OM. vast all the *MD-
staaor, the beta of the am mad be seaglig Nada by
=Snag kin pay of thei kat fees of man-
e*.
Bran Banwell, r sammkg sal that Mt ea was
lile=• very palial ase, beam k nes doer that
bed al as salad by mew sr soy olla
wicked theft when be lea Oa al Mk liblify wane,
bat that ha walla the eat meder an alma esimpowang
h.y,(hfeeling
has ai Wary whia k• so Mat, be.
lhas Wad won ha by Or laiskty of hie
partner. Whatever kaap, however, limy might entertain
upon tho salsa Ms law arqual them to die their duty
according to tbek oaths, sad if they should think that
this person was guilty of the oda of wilful murder
they would have no altermithe a to say ao by their
verdict. His lordship this masa that every sot
of homicide was murex to the opt of the law,
=km fine were oiromaskam mainsoted with the act that
weal mina it to • Isar east, and he said that no
doubt • kashead would be baba is killing any man whom
he detected In the act of oommitting satisfy with hie wife.
It was • very different as., however' ware • ma only en-
tertained a suspicion, however strong the panda of the
ewidan might be, that his wife was Itufaithla end ba
sold hs was band to expra hie opinion that, oven sup-
ppoosilnng the suggestion, made by the wham to have bean
fiLundedact
he
fact, thlyi would not be my legal alkalis for

The jury re Cii.;s7ocoidder their renUot. They were in
deliberation newly three howl, end upon their return into
court they found the primmer guilty of sueLwghter•
He wee eintesced to penal servitude fix Wla

NORTHERN CIRCUIT.—Dermux, JULY 29.
Caoww Stna.—(Balore Lard Chid Bans Pollock.)
CNAPAII OF MORD= AT ZAX3VIO.
Crory. listriass 39, maser wariser, end ZJviw Fox, 83,
muter uterus', wen charged with the wilful murder of
William Berns, at Hamburg, ea the fled diens.
Mr. Ormond, Q.C., sal the Hen. A. Liddell were for the
Kirltion. Mr. Derhon defended Msaltam ; end Mr.
and Mr. Campbell Forster appeared for Fon.
Mr. Ormond stated the lacta. tie amid it would appear
that on the 22nd hoe two rends, named the Belianoe sad
the Schiedam, sad trading from this district, wars lying in
the Elbe, and they were so fastened to some piling
as not to be quite tight up. Oa the day named at
about sir o'clock in the evening the veer& were lying along-
side each other, and *totals( than woe a vessel called the
Mary Watkins. At the time the accetratee ',whit* be was
Omni to cell tisk attention tea& plats, the atm of sae of
the ramie was einatetd teem the adtar by a &Woe of dr
or MIS het, awl at the lowed paint dews the elm of cos
cam in carted with sir boa of the other. At the time
_

consider that the o3nreedpromeding which had been adopted
• ith regard to these two men, who occupied inch responsible
position, In putting them on their trial on a charge of wilful
mupter. as extremely harsh. There wan no pretence for
doing so, and It was only calculated to prejudice toe she-
rooters of the men. He contended that the prisoner Fox
bad not been engaged in the performance of a lawful ad in •
gross and onlpahly negligent maneer, end as was meat!.
muted by the law to be ogghter. A drunken man comes
on board his dip, becomes Ootiy and disorderly, easistanoe
from the man's own deed has to be called—the prisoner en-
dam:tetra to place the man in such a position that he may
read his own Alp, the man resists, and struggles violently,
sad, when Fox turns his back, felle overboard. He was
sure his lordship would tell them there was not a tittle of evi-
dence an which they could find an adverse verdict.
Mr. Davison, on behalf of Menharn, argued that the pi-
eced wee in the perfor=noe of a lawful act when he came
on tossed the Bchidamto take Barron to his own ship, but
that having had • little drink himself, and Barron
sti
sad nsiatirg violently, the man had accidentallyzgta
over the mI4 sad was drowned before any mistime could
be ghat.
His lordship summed cop enoWy in favorer of the pri-
soners, sad said they mast be rt deid that there was gross
sad en/gable negligence before they could bring in a verdict
of 'pithy.
The jury then retired, sad, after an absence of about five
minutes, returned with • verdict of Not Guilty, which was
received with some applause.

him if the young woman would be ate, but did not say any
thing about taking her to the station-house.
Waterman, No. 96, said he wu on duty on the night in
question on the Broad-street rank, when prbioner drove up
and eked witness to mind his osb while he went to gat a
ling fora female. He went eking towerda George-street,
sodafter a while returned, and eaybig he had " got a lodging
for her all eight," took the young women out of the *kb.
Hr. Mazy—You did not mention that she was in the cab
beam

---Th;witassa continued—She was very drank. He took
her away towards Owargratreot, sod prostatly Manta with
the boy who treated witaest to some cold rum and water
fad a bieowit.

Henry asked if he did not know what sort of bows
they wars ht George-street P
Witness—l knew there were some brothela.
Mr. Henry—You shall know more about this. Did you
think a cabman ought to take a rung woman to such a
place P Was it your duty as a waterman to permit it
Don't you know he ought to have taken her to the station P
Witness—l told him so, but be said she was a friend of
his, and had begged him not to take her to the station.
Mr. Henry—Did you believe that P
Witness--I saw no reason to disbelieve it.
Mr. Henry—lt is very easy to ley that. For aught you
know she might have had say quantity of money about her,
and she was helplessly drank ; yet you not only allowed
him to take a lodging for bar at that brothel, but actually
took charge of the cab while he did so. lam by no mans
sure that yon ought not to be placed at the bar for =Wes

Upestor Mackenzie observed that the watausn's data-
meat was very d,fferent from that which be bad made on the
preview night.
Mr. Henry sell the cue was one requiring a thorough
lavestigados.
Inspector Mackenzie said the prisoner brought the purse,
sovereign, end studs to the station on Wednesday night,
and said they were left to his cab at two o'clock that
morn*. He said he was bailed in Holborn by two young
women, one of whom hired him to drive her to London-
bridge. He drove has to the railway statics, and then found
alms was so drunk be could act understand when the wanted
to go. He then brought her back, end took a lodging for
her at 4, George-street. Ha admitted that he knew the house
to be a brothel. He said he called about three in the morn-
ing, sad Sound she wu gone, coed es he could not find out her
address he brought the purse to the stake, that be might
not get into trouble. The purse castabled a sovereign end
two pair of studs, which he said be took from the young
woman', sleeves " for safety." He said the Waterman ad-
vised him to take them to the station.

The watermen said he did so .dries the prisoner on
Wednesday night. Ks did nut know prisoner had the parse
till then. . . .

Mr. Henry remarked that the mailman had admitted that
on Tuesday night the primmer nomad him of taking Es. out
of the puree; yet now he said the first he hard of the purse
was on Wednesday night. He should not venture to say
that the evidence would justify &charge of complicity against
the letterman, but the case must be sifted to the bottom.
M Inspector ackenzie was astonished at the conduct of the
waterman, who had been four years in the service, and who
was a pollee pensioner.
The piaster eaid he went to the house on Wednesday
morning, awl flatting that the girl was gone, be told the
watermen he had her money, and proposed to leave it with
him. The waterman advised him to try to find out her
madras, and if he could net to leave it at the station. He
amid bring witnesses to prove that he was hired in Holborn.
He was "so pleased" when he found a lodgi for the girl
where he thought the would be safe. Hie wife knew
nothing about it. (a. laugh.) He told the inspector that be
found U. 4a. 6d. In the purse.
Mr.lisakeesie said the prisoner told him he found IL Is. ea.
and paid Is. ed. for the bed.
Mr. Henry said the prisoner would have an opportunity of
making hie statements to • jury, for he (Mr Henry) would
send hint for trial. But ha should nut close the cams that
day, as much further inquiry would be necessary. Per the
present the prisoner meat be remanded.

MARLBOROUGH-STREET.

nonspon was charged with platting flowers to the

The prisoner said the was not aware she was prohibited.
She saw no board up.
Nolan, park-constable No. 19, maid there were three beagle
up cautioning the public against doing so.
Mr. Beath» said there would be no flowers left if it was
not put a stop to. She must pay the amount of damage,
and enter into her own recognisance In the *am of 2W.
Join Harry Newcomb, of 20, Brownlow-street, Holborn,
wen charged on a surantose with assaulting M. Adolphe
Wolfe, a -Frenchman, residing in Tykes-court, Carnaby-
street, on the 12th instant.
Mr. Lewis, jun., attended for the defendant.
The brief facts of a very long case me these : The corn-
lainent, who frequents the French and Spanish Clubs,
Iwiosatsr-square, had offered to give instructions in the latter
language on stated terms to the defendant. Nothing definite
was arranged upon bat subsequently the defendant agreed,
' and the complainant came to him accordingly. Some perm
ware pulled oat by the complainant at the defendant's red-
!=ogand the following day the latter received a letter
him of stealing a 100-frane note, which be
had inadvertently pulled out of his pocket with his
papers. The letter, which, bidden being accusatory,
was most abortive, advised him instantly to return
the seine. In consequence of this letter, for the accusa-
tion In which no ground whatever wee shown to exist.
the defendant went to the complainant's to onto an indig-
nant denial. Some other letters were sent equally scurrilous,
and making use of moat unwarrantable epithets towards the
defendant, telling him if he had not stolen the note, Lis wife
bad, and that the better way was for him to restore it to him
quietly, otberwiae the pollee would be set to work. The let-
ter, which was read in court, was vituperate not alone on the
person to whom addressed, but upon the English generally,
,efting London ens not like Party for that the latter, with
all it. Mini, was far preferable, and a pattern to it.
Falling the restoration of the note, It invited the defending
to a rendezvous, and to oome prepared with seconds.
The defendant then proceeded to the clan In Leloester-egoa»
end called the complainant down. On bla appearance mach
sag» language and recrimination took place between the
two and their respective friends, for the defendant was ac-
companied by beefing, and the complainant hand his op the
spot—the defendant calling the other a hypocrite, and the
cocatata inant calling the defendant a scoundrel. After Dingier
had been banded from one to the other some short
ratts the defendant pulled out of his pocket a whip, and
used it on the person of the complaining, who, in the general
monition consequent upon the quarrel, was thrown down,
trampled on by some who were present, and went away home
with his face bleeding, his body bruised, and his clothes torn.
Mr. Broughton said it was clear an mem& bad bean com-
mitted by the defendant; that assault was contrary to Eng-
Illeh law, which could only make allowance for a blow struck
en great provocation at the moment. and in the heat of
'smiles. In the premed our the defendant had gone for the
express purpose of aseaulting the oomplainent. On both
Wee the affair was most censurable. The defendant must
lad ball himself In 1301., and two annetiee in 401. each • few
three month,. _ _ _