The Express.
London, England, 1867-03-29 00:00:00

ASSIZE INTELLIGENCE.

HOME CIRCUIT.—KINGsros, MARCH 28.
(Before Chief Justaoe Bola and a Special Jury.)

AHDBZWB r. TIMBTALL.-ACTION AGAINST • BANN.

This was an action brought by the plaintiff, nominally
against the defendant, the real defendants being the Glou-
cestershire Banking Company, be being the public officer
of that company, to recover damages for having impro-
perly dishonoured certain cheques that he:hadeent in tothe
bank. The defendants pleaded that the plaintiff had no
account with them, that he did not sign the cheques in
question, that they were not presented for payment, and
that there were no funds belonging to the plaintiff in
their bends to meet them.

Mr. Montagu Chambers, Q.C., end Mr. Philbrick ap-
peared for the plaintiff ; Mr. Hawkins, Q.C., Mr. Prentice,
Q.C„ and Mr. Hance represented the company.
Mr. Chambers opened the case as one of a very serious
character, so fares the reputation and position of the plain-
tiff were concerned, and be said he was at a loss to know
what answer would be made by the defendants to
the case that he was about to establish. He then pro-
ceeded to give a brief outline of the matter, and said that
in the year 186.5 the plaintiff, who was a highly respectable
man, engaged in the occupation of a cattle and hay dealer, '
in Gloucestershire, at the request of the manager of the
defendants, opened an account with the bank, and paid in
a very considerable sum of money. The very first cheque
he sent in, however, was dishonoured, and upon his com-
plaining an apology was offered, and he was informed that
there was some mistake which had been the cause of the
neglect, Notwithstanding this, almost immediately after-
wards two other cheques were treated in a similar manner,
and in one came, where the cheque was given to a solicitor,
the plaintiff was put to very great annoyance and incon-
venience, and was actually threatened witii a charge of ob-
taining property by false pretences. He said be could not
understand what the defendants meant by the pleas they
had put upon the record, but he should show that at
the tune the cheques were dishonoured the plaintiff had
ample funds in the possession of the hank to meet
' them. Under these circumstances the plaintiff, finding
he could not obtain any other remedy, was compelled to
bring the present action, with a view to vindicate his
character, and he could not help saying that it appeared
to him the defendants had greatly aggravated the injury
and inconvenience they had occasioned to the plaintiff by
having, after legal procee lingm had been commenced, ac-
tually emloyed adetective to inquire into his private
affairs, intlie hope that they might discover something that
might be considered damaging to his reputation.
Mr. John G. Andrews, the plaintiff, was then examined.

Lord Chief Justice BOvill, at the close of the examina-
tion of the plaintiff, made a communication to the learned
counsel engaged in the cause which led to a conference
taking place between them, which lasted for a considerable
time.

Mr. Hawkins then addressed the jury, and said he
was happy to inform them that the result of the conference
that had taken place between him and his learned
friend was that they would not be troubled any fur-
ther with the inquiry, and he should consent to their
returning a verdict for the plaintiff with lout. damages.
He thought it due to the plaintiff at the same time to
state that he was believed to be a very respectable man,
and there was not any intention or desire to cast the
slightest imputation upon his character in reference to
this transaction. On behalf of the bank, however, he con-
sidered it we. only right to say. that what had taken place
was entirely owing to the misconduct of two clerks who
had now both left the bank, and such a thing would not
occur again ; but, under all the circumstances, the de-
fendants would consent to a verdict passing against them
with the amount of damages that he had mentioned.
Mr. Chambers said be was satisfied with the course that
was proposed by his learned friend, and on the part of
the plaintiff be might state that he had no desire in
any way to injure the bank, and his only object was to
vindicate his own character. He had suffered most
severely by having his cheques returned in the way
they had been, and his credit had undoubtedly been
to a very considerable extent affected by the course that
bad been taken. He hoped, however, that the result of
this action, and the publicity that would be given to these
proceedings, would have the effect of setting him right
with his friends in the counties where he had been in the
habit of doing business.
Lord Chief Justice Bovill observed that it was un-
doubtedly a very serious thing for any man engaged in
business to have his cheques returned, and when this oc-
curred with three cheques in succession, the consequences
were likely to be very serious indeed. The affair was ex-
plained by the defendants to have arisen through the
misconduct of two of their clerks, but the bank was liable
and must suffer for their misconduct, and he considered
that they had acted very properly in the course they had
now taken.

A ;rerdiit was then taken for the plaintiff, with 100/.
damages.

NORFOLK CIRCUIT.—NonwicH, MAscn 27.

(Before Mr. Justice Willes.)

Susan Grief, M, a married woman, was charged with the
wilful murder of Alfred Grief, at Shernbourne, on the 6th
November lag.

Mr. Metcalfe and Mr. I). Brown appeared for the pro-
secution ; Mr. Carlos Cooper and Mr. Ford defended.
It appeared from the evidence adduced on behalf of the
prosecution that the prisoner and her husband resided in a
three-roomed cottage with ten of their children and the
deceased, who was the illegitimate son of Mary Grief, one
of tho prisoner's daughters. The deceased was
five years old, and up to the day preceding his
death, he had been an exceedingly healthy
child. On that day, the sth November, Mrs. Filcher, a
neighbour, saw him in the garden vomiting and in a state
of great misery, and exhibiting all the signs of having been
poisoned by arsenic. On the following day the prisoner
called Mrs. Filcher and said, " Jane, Jane, for God's sake
make haste or the child will be dead before you come." Mrs.
Filcher went into the prisoner's house and found the child
on the lap of its mother, Mary Grief. He was dead when
she got into the house and his fingers were getting quite
dark, his ears purple, and his stomach hot and distended.
Mary Grief MAX in great distress and fainted shortly after
the child died, upon which the prisoner shook her and
said, " Come, come, you are not all that bad." The house
was subsequently searched, and on the top of the prisoner's
bed was found a paper containing arsenic and it was
proved that the prisoner bad sent one of her daughters to
purchase some arsenic, but she did not emceed in getting '
any. The prisoner on being shown the arsenic said that
she did not know how it got there, and is appeared that
her husband, who was a shephenl, occasionally used
arsenic mixed with tar for the purpose of dressing sheep.
On the Tlnd of November a coroners inquest was held, and
the prisoner then asked Mrs. Filcher what she wee going
to say about the job. Mrs. Filcher mid that she should
say then as she said at first, that it was a poisoned child,
and she asked the prisoner how she could be such an old
fool as not to take the arsenic off the bed. The prisoner aid,
" Oh !I forgot it, but I hope God will carry me through it."
The prisoner also said to a policeman before any charge
had been made that she knew he suspected her of poison-
ing the child, and when taken into custody she said that
she had had twelve children, and they had been a great
trouble to her. The result of the poid-mortem examination
was that three grains of white arsenic were found adhering
to the stomach of the child, and nine grains were found in
a dissolved state. Two grains would have been enough to
cause death, and this, with the other appesrances showed
clearly that the child had died from the effects of taking
arsenic. Four members of the family were taken into cus-
tody at different times on this charge, and only two of
those who lived in the prisoner's house were called as
witnesses for the prosecution.
Mr. Cooper, in addressing the jury, cautioned them
against being influenced by the reports they bad
heard, or the nature of the charge. He did not dispute
the fact that the child bad taken arsenic, but he contended
that there was nothing to show that the prisoner had ad-
ministered it, and he commented strongly on the fact that
only two of the persons living in the house had been
called for the prosecution, and that others had originally
been suspected.
Mr. Justice Willem having summed up, the jury retired
to consider their verdict, and after a short absence re-
torned with a verdict of Not Quid',.

The prisoner was then charged with the wilful murder
of Anna Maria Grief, who was the illegitimate daughter
of another of the prisoner's daughters. This child had
died when a few months old, souls time previously to the
death of Alfred Grief.
Mr. Metcalfe stated that the evidence in this case was
weaker than that in the preceding one, and as be had no
further evidence to convect the prisoner with the death of
the child, he did not propose offering any evidence on
the charge.
The jury then, by the direction of the learned judge,
returned a verdict of Nat guilty, and the prisoner was
discharged.

THE FATAL ACCIDENT ON BOARD THE GREAT
EA/47E1111.-Idr. Devey, the deputy coroner for Liverpool,
opened an inquiry yesterday touching the death of Joseph
Barrett, o seaman on board the stain-ship Great Emtern,
who was killed on board that vessel as she was leaving the
Mersey on Tuesday last, owing to an accident to the cap-
stan. As all the parties connected with the Great Eastern
who could give scientific evidence on the subject bad gone
to sea, the coroner adjourned the inquiry until Saturday,
when he said he hoped some persons would be found who
could explain to the jury the construction of the capstan
and the probable causes of the accident to it ; otherwise
he feared the jury would have to return an "open" ver-
dict ; such a step he hoped they would be able to avoid.
THE IRON TRADE OF SOUTH STAFFORDSHIRE.—
BIRMINGHAM, MARCH 2R.—The preliminary meeting of the
ironmasters of this district was held at the Hen and
Chickens in this town, this afternoon, Mr. William
]farrows in the chair. There was a toleribly full attend-
ance, and after a brief discussion a resolution was unani-
mously kaussed to adhere to the old scale of priors for all
descriptions of finished iron, that is, 71. 105. for bore,
other kinds in proportion. This resolution was the only
one open to the meeting, but it is doubtful whether more
than half a dozen of those present are able to obtain the
trade price.
(XMAS. PALAcs. ONE Sar-Lnges DAT.—
THURSDAY, MARCH 28.—Adinimioas on payment, 927;
ditto by nee= tickets, 1,301. Total visitors, 2,228.