The Express.
London, England, 1858-03-20 00:00:00

THE EXPRESS, SATURDAY EVENING, MARCH 20, 1858.

NAVAL AND MILITARY.

(mos Len mimes ciesirrn.)
ADMIRALTY, Kasen 19.
Admiral of the White Edward Hawker his Ism NVlbeLed
to receive a pewee of 1601. a year r pr rYM ►p hr
Majesty's Grier M Council of 26th Jaw, 1661 resat by
the death, to the 6th irk, of Admiral the aht Jim
William, Lord Aylmer, H.C.B. and the name o Admiral
Hawker has been ismoved to the reserved ball-pay lid
; sad la canaries°e of this removal the fol-
lowing promakme, to date the elk inst., have this day
laktal Plam .—Adedial at the Ras the lion. Sir Anthony
Maitland, K.C.8., K.C. et. M. G., to be Admiral of the
White ; Vioe-Admind of the Rd flfr Charles Napier,
K.C.8., to be Admiral of the Blue; Via-Admiral of the
White lia•Betalt Hos. BW Manna Pindaric& Fitz-
' ""moad• ,K.C.8., to be V W-Admiral of the Red ;
Vies-Admiral the Blue Henry William Brea to be
Vice-Admiral of the White; Rear-Admiral Percy Orme,
on the reserved list, to be Vice-Admiral on the seam ;
Rear-Admiral of the Red Henry Dundee to be Vica
Admiral of the Blue, Rear-Admiral of the White lobs
Alexander Mantra to be Rear-Admiral of the Rd ; Roar-
Admiral of the Blue Michael Quiz to be Bear-Admiral of
the White; Captain the Hon. Frederick Thomas Pelham,
C. 8., to be Rear-Admiral of the Bios.
Captain Thomas Busliby, on the retired list, has also ban
promoted to be a Retired Rear-Admiral on the terms pre-
paid in the London Gosstt• of let September, 1846, but
without increase of pay.
ADMIRALTY, Mews 13.
Corps of Royal Marines—itecond-Lientaisat Hoary Thomas
State Davis to be flnit-lieutenant, Moe Rose, rived.

ANNIVERSARY Or THE BATTLE OF ALEXANDRIA.
—The Highland Soddy of London have invited the sur-
vivals of the dames of the army and navy who served ia
Igypt under Sir Ralph Abiroromby to dine with them on
Monday neat. We Inspect that very few live to meat
themselves; the youngest nest must now be seventy-di
years of age.— Mooted &mos (hung.

We ( United Service Gazette) hear that a petition
to the Admiralty i• now in onset of signature by the naval
diem who were urged during the war in the Crimea as
ages* of traneperea, but who, notwitheiteadtag their most
Imperiled services, often under a heavy are, have not re-
ceived a mikAL

ADMIRALTY, 814 nut 19..—APPOINTMENT8.--.
Acting Assielmat-Surseona A. Ma sa sad C. J. Devon-
shire to timi Owes, 84, at Port mouth.

PORTSMOUTH, MARCH 19.
The Vulcan, 6, screw transport, Commander Sec-
combs, hove in sight this afternoon, and will anchor at Spit,-
head this evening. She was to leave Malta on the 4th inst.,
and brings ordnance:stores used the Crimea, and some pas-
sengers.

Cootuto rot rag AlLllT.—Yestaday afternoon
M. !foyer lectured upon Ids owe ea to a large party of
ladies and unthaws at the United &wring limitation ; Lord
Robby in the chair. Lbw apeaking of the improvements
be and Mier NighZezah: allectedin the kitchen of the
Scutari and other beerltalk M. Boyer passed to the
soldiers cookery in the and detailed bow be found and
how he left it in the Crimea. He dwelt upon the advantages
of his new and economical system of cookery for both
services, and showed his cooking-stove or boiler, which
roasted, baked, broiled, brazed, fried, stewed, and boiled in
the simplest and most economical manner. He stated that
201ba. of fuel (wood) wan sufficient to cook everything for
100 men, and that the stoves were applicable for hospitals
and even private families. He reminded Lord Rokeby of
the great success of these inventions in the Crimea, and his
lordship replied that they conferred Unmeant advantages
upon the whole army. It was stated by M. Boyer that •
cooking carriage (invented by himself), • model of which be
exhibited, was being cowitructed at Woolwich, for the use of
the army on march, so that the soldier could have his food
at any hour axed for the purpose, as it would he 000kizig as
they went along. The lecture was listened to with great
attention, and M. Boyar was frequently applauded.

ASSIZE INDILLIGENCE.

HOME CIRCUIT.—MAIDSTONE, MARCH 19.
(Before Kr. Juatke Erie and a Special Jury.)
mount I. SWUM.

This ease was tried by a spaisl jury.
It was an action to recover damages from the defendant,
who represented the Woolwich Board of Health, for having
improperly erected a sewer in consequence of which it burst
sad Inundated the house of the plaintiff and damaged hie
Fri James, Q. C. sad Mr. Prentice were counsel for
Mr. M. ehamblrs, Q.C., Mr. Burin, Q.C.,
eadYr. Joyce, appeared for the defendant.
The evidence went lo show that the town of Woolwich,
having adopted the Health of Towns Act, in 1852, bad con-
structed a sewer connected with a new system of drainage.
Oa the sight of the 19th of June there was a violent storm
of rain, sad in the morning it was found that the sewer had
overflowed or burst, and the consequence was that the cellar
of the plaintiff,who is a baker in the town, and also his ovens,
were inundated, and property injured, as was alleged, to the
amount of 1501.

It Ina arrange:l that the question of liability only should
be tried, and that the amount of damsge should be messed
out of court, and whammies laving been examined upon that
point, the jury found a vodkalots the plaintiff.

MIDLAND CIRCUIT.—WddwIcd, Medal 19.
(Brim Lard Csinpbell.)

XING 11% erl 1103111? BART.—TINANT-RIOHT.
Mr. Serjeest Hayes sad Mr. Brewer were for the plain-
tiff ;Mr. Yolks, Q.C., Mr. Bodes, and Mr. Field were for the
defendant.

Counsel for the plaintiff stated that since eighteen yells
ago his client had held a farm under the late Sir Robert Pei,
who was on the best possible terms with him, as he was with
most of his tenants, to the time of his death. Mr. Frederick
Peel then became owner of this estate, but by an arrengs-
mut within the last three years, the present Sir Robert
Peel became the proprietor, and consequently the landlord
of Mr. King. An agent was introduced—a general manager
to the present Sir Robert Peel—who required the tenanta to
enter into strict written contracts. The plaintiff held under
no wit—he had formerly held under a lease whloh
regulated the terms of his subsequent holding. He refused
to enter into the agreement; a dispute arose, and the plaintiff
received notice to leave. The action was brought to recover
3181. 13e. Si., for the violation of certain tenant-right. The
plaintiff had made a considerable expenditure in permanent
improvements, draining, hedging, ditching, dec., in entire
confidence that be should remain in the term, and he over-
held after the expiration of his notice, expecting be should
not be turned out. However, an action of ejectment wee
=t, and Mr. King went out of possession. There was
soden for mean., profits, in consequence of Mr. King
holding over, sad of miscultivation.
Campbell suggested that as this action would not
terminate liton, all matters In dispute should be referred.
This was agreed to.

NORTHERN CIRCUIT.—Yost, MARCH 18.
csowir Coula,—(Bator.ldr.Jusiksßykr)
TOMTIT OF VOTING PAPERS AT LIMA.

George Beektoith, John O'Rourke, and Glop &meek
were charged with haying, at Leeds, on the lat of March,
1867, unlawfully conspired together to forge and counterfeit
diver, proxy appointments of persons having the right to
at the election of guardians of the poor.
Mr. Bliss, Q.C., Mr. Pickering, Q.C. and Mr. Baines,
wen for the prosecution; Mr. Overend, Q.C., and Mr.
Wheelhouse, appeared for the defence.
The present prosecution was instituted by the Poor Law
Beard, In consequence of certain forgeries having been com-
mitted at the last election of guardians for Leeds, at which
election much party spirit was manifested, sad forged voting
papers were presented.
Highly respectable witnesses were called as to the unim-
peachable reputation of the defendants, particularly as re-
girded Mr. Beckwith.
The learned Judge summed up the asse with great minute-
men, and the jury retired, and were absent about twenty
minutes, when they returned a verdict of Guilty of mna-
racy to utter the forgeries with guilty knowledge as against
all the prisoners, accompanied with a strong recommendation
to mercy, especially as regarded Cromack, who they believed
had acted in the capacity of a clerk.
His lordship sentenced Beckwith end O'Rourke to one
month's imprisonment each, and Cromack to fourteen days'
imprisonment.

(NUE PRIV/ COOIT.-131162,0 Mr. BUM Mirth.)
WARE V. NORTE RASTRRN RAILWAY comrsigir.—THE
ACCIDENT AT TR{ NULL ITATION.--SPECIAL JURY.

Mr. Atherton, Q.C., awl Mr. Thathank, were for the plain-
tiff ; and Mr.
te.Hill, Q.C. and kr. blanisty, Q.C., were for
the defandea

TIT* plaintii4 Mr. Chao. T. Wake, was a gentleman of the
age of 23 years, and he ham, until within • very recent
period, melded at Hull. He was for several years a clerk
in the office of Mesers. A Robinson, and Atkinson,
of Hull, solicitors, and at the time of the accident which
occasioned this action he was serving the last three months
of his articles with that firm. On the 26th of July teat
the plaintiff was a second-clams passenger from Hull to
Cottingham. He had taken lodgings at the latter place
for the purpose of pursuing his studies with lees in-
terruption, and was in the habit of leaving Hull by the
train from the Paragon Station at half-past four o'clock in
the afternoon, end returning to Hull about half-past nine
o'clock in the morning. On the day in question the plain-
tiff entered the train at the Paragon Station, but had not
premesded far when, In consequence of the neglect of one of
the servants of the company, the passenger train was run
into by a goods train with such impetuosity that mewl of
the carriages in the former train were thrown over, and most
of the passengers injured. One of the passengers was killed,
and the plaintiff received a memo shock to the system, and
other injuries. He was removed to the residence of his
brother in Hull when it wasfound that he bad received a
fracture of the right leg, and a dislocation of the ankle of the
same limb, and other serious injuries along the whole length
of that member. Competent medical gentlemen were called
In. and the bones were re-set. Unfortunately, however,
inflammation and mortification supervened, and it was
found necessary to amputate the injured limb, and
Mr. Teale, of Leech', was called in, and performed
the operation. In addition to the agony and pain the plain-
tiff had suffered, be was for a considerable time confined
to his home, and was unable to proceed to Leaden,
ma he had intended, for the purpose of passing his exami-
nation. The defendants did not deny their liability,
that the deplorable accident was the consequence of the
neglect of one of their tenants, and the question for the
jury was whether, having regard to the age, the position,
and profession of the plaintiff, having regard to the pain
which he had experienced, end to the deplorable loss
which he had sustained, the sum of 1,2001., which bad been
paid into coats, was a fair and reasonable compensation
which the defendants ought to pay for the injury caused by
the admitted neglect of their servants. The expenses to
which the plaintiff had been put, arising from this acci-
dent, were very considerable, and amounted to between 2001.
and 3001.
Mr. lIW, for the defendants, paid his clients felt great
- sympamy with the sufferers by this accident, and were
anxbus to make to them what was a fair and reasonable
compensation for the injury they had sustained. He ad-
mitted that money could not fully compeneste defendant for
the loss of a limb, but, so far as such a compensation could be
rendered, the defendants bad been anxious to make it. The
company thought 1,200!. was a fair and reasonable awn, and
they were willing to leave it to the jury to my whether
they had come toe right conclusion.
The jury retired to consider their verdict, and, slter an ab-
sence of about a quarter of an hour. they found for the
plaintiff—damages 6001. exclusive of what had been paid.
(Special Jury.)
WADDINGTON O. NORTH EAPTIIHN RAILWAY COMPANY.

• •
Mr. Atherton. Q.C., and Mr. Unthank were for the plan-
the ; mid Mr. Hill, Q.C., sad Mr. Manisty, Q.C., were for
defendants.

This notion arose out of the accident referred to la the pre-
vious Nan The plaintiff, who is about 55 years of age, lie •
fellmonger and leather-dresser at Beverley, and on the 24th
of July bun he was • second-dean passenger
between Hull and Beverley, and was returning home
by the quarter past four o'clock train. The
in which he was seated was overturned briars
collision, and the plaintiff had his kg fractured, and received
other injuries to his body. Hs had to be fed with a spoon
for several weeks, and be was still unable to attend to his
business with the same ease as formerly, and to some extent
wee permanently Injured. The defendants had paid 500/. into
court.

In accordance with a suggestion made by Mr. Baron Mar-
tin, after the jury had arrived at their verdict I. the first
cue, it was agreed that the damages in the other actions
should be stressed on the same print iple as t►e jury bad
adopted, viz., half as much more as the sum paid thus court,
and therefore a verdict in this case ea. taken for the plaintiff
for 2601., in addition to the 6001. paid into court.
OMITH AND WIFE V. NORTH RASTIERN RAILWAY COMPANY.
By consent, a verdict wee entered for the plaintiff for 1601.
PIiORT V. THE NORTH EABTERN RAILWAY COMPANY.
The plaintiff in thief-sue, a clerk in the sank. of the pest-
office authorities at York. was on duty in the mail train to
London oaths 14th of March when the train ran off the rails.
Ile received serious injuries of the spine and bruin. The jury,
after hearing the evidence and the addresses of nomad, de
liberated an hour and a quarter and then returned a verdict
for the plaintiff. Damages, 8001.

SOUTH WALES CIRCUIT.—CARMARTHE
MARCH 18.
(Before Baron Bramwell.)
ATTINTT TO MUIDT.R.-1111NTENCE OF DEATH.

• —•-•
Jaws Jaw wee °barged with feloniously assaulting and
wounding Ilarpnt Jones, at Rhydygorse, with intent to
murder her. 3hete were otbsr counts in the indictment
varyingpthoiLoberp.
lir. ecsadnoted the prosecution, and at the request
of the court Mr. Allan watched the case on behalf of the
prisoner.
The circumstances of this ease were attended with great
atrocity. On the 9th of January last (Saturday night)
after the prosecutrix had gone to bed with her children, her
husband being absent at work In an adjoining county, a man,
whom she recognised a, the prisoner (who had married her
sister) C 4030 into her room and dragged her out of bed, beat-
' lag 4 head with a stone until she became ineenalble, and

the party then left her apparently dead. The prosecutrix
had several of her ribs broken, thirty or forty bruises on her
head, and received other injuries. Her skull was fractured.
The proseentrix was assisted Into court, and in a
chair in the witness box. She had her head ben, and
was evidently suffering severely. She deposed that on the
night In question she went to bed between eleven and twelve
o'clock, and some tiros after a man came to her bedside and
dragged her on to the door. He then laid hold of her by the
hair, and beat her heed against the Boor. He aim twisted
her handkerchief round her neck, and placed hie hand
an acconcheur would do." She succeeded in getting on her
feet, but he got her down again and beat her head with a
stone. Witness begged for her life, and laid hold of him by
the Isit eye. After beating her with a stone he turned her
neck round, " setting her hoe backwards." He then beat
her again with the stone, and she lay quiet, unable to move.
He then left her, after feeling her feet and hands and drag-
ging her Into another room. There was no light in the
room, but it was rather a light night. (Reference to the
almanack showed that the moon did not rise until two o'clock
on the Sunday morning.) The witness, when asked to look
at the prisoner in the dock, immediately identified him, be-
came much agitated, and burst into tears.
On cross-examination the presecutrix said she did not
tell the policeman who was the man that had attacked her,
but told him she had marked him by the eye. She did not
cell the prisoner by his name when she &needed to him to
spare her life, because she thought he woofed be more cruel if
she did. The prisoner did not attempt to take any further
indecent liberties with her than she had described.
Margaret Davies spoke to the deplorable condition in
which she found Mrs. Jones on the next morning (Sunday).
She wee covered with blood, as also was the bed on which
she was lying. The bed was in the kitchen, and there was
a pool of blood in the kitchen, and blood also along the
peerage and on the table and window board. There was a
stone on the table in the kitchen. _

The deposition of Mr. Thomas, the surgeon, who attended
ttheielprosecutrix on the morning after the outrage, was then
the deponent having died two days ego. It stated that
he ound the prosocutox bleeding from wonnds on the
scalp and upper lip. She had received between 30 and 40
contused wounds on the head, one of which was four inches
in length. Her eyes were closed from effusion of blood, and
her face was much swollen and bruised. Her skull was
fractured, and at least three of her ribs were broken, but she
was in such an exhausted state, her life being in imminent
danger, that he oenld not make • minute examination. All
the wounds on the bead with one exception might have been
inflicted with a stone; there were bruises on the lower part of
her body.
Policeman Jeremy on the morning after the outrage traced
marks of • person having crossed the prosecutrix's garden in
his stockings. From the garden hedge he traced marks of •
pawn in shoes screen the fields up to the prisoner's house.
The left footmark showed • hole in a plate on the heel. He
found the prisoner at home on the Sunday afternoon, and in
his house to a drawer were • pair of stockings, with the feet
covered with mud. There was • pair of shoes, with a plate
on the heel of the right shoe, but none on the
left shoe. It appeared se though a plate had recently
been removed. On examining the prisoner he found
• scratch under one of his rise, and blood marks on his col,
ler, his waistcoat, his shirt, mad his trouser.. There was also
blood dried under his nails. There were also some hairs on
the front part of his shirt. (Hair produced :it appeared to
belong to a woman.)
The deposition of David Joao, labourer, who was ill, was
reed. It proved that before Jeremy came to the
home on the Sunday morning he saw the prisoner's=.
The heel-plate was not then removed, sad he told the
prisoner about the footmarks having been sees lit Rhy-
di=ret Richards deposed that the prisoner came to her
Looms (situate between the prisoner's and the promicutries)
about 9 o'clock on the night of the 9th, and left at 10, saying
he was to go to Rhydygorse that night, but he thought he
should not, se he thought Margaret Jones had gone to bed.
Ann Jones, sister of Margaret Jones, proved that the pri-
soner wee at her house the same night, sad said he had just
left Margaret Richards. He had no marks of scratches on
his face, end no blood on his hands.
Foe the prisoner, Mr. Allen carefully analysed the evi-
dence, and submitted that it was entirely circturistantni, and
not at all conclusive as against the prisoner. He particularly
dwelt on the absence of motive for the deed.
Hie Lordship pointed out the distinction in the character
of the offences charged—wounding with intent to murder,
with intent to disable, or with Intent to do grievous bodily
hem. As to the absentia of motive, which had been urged
by Mr. Allen, hi. lords/torn:narked that among the infinity
of motive. that actuate man it would be presumptuous
in any one to say that there was no motive for an act because
he could not detect it.

---413;jnry;;itera short consultation, returned a verdict of
with intent to murder.
Being called upon to say why sentence of death should not
be passed, the prisoner said he had nothing to say, except that
b• was not near the woman at all.

His Lordship then, amidst silence, passed sentence of
death upon the prisoner. He told him hie case would be repre-
seated in the proper quarter, but he could not hold out to
him any hopes of mercy.

the prisoner was brought there in charge of a corporal of the
Guards, who told him that shortly before he met the pri-
soner wandering about Whitechapel in • bewildered state,
wearing the uniform he had now on, and that he gave each
an unsatisfactory account of himself that he arrested him as
a deserter. Witness at once questioned the ener, and
although it was manifest, from his uncouth and ge-
neral bearing, that he had never been in army, the
explanation he gave with regard to the uniform he wore was
so strange and incredible that he was at once gives into
custod
In answer
to the charge, the prisoner, who exhibited ex-
treme consternation and excitement, protested his innocence
of any offence whatever, and assured the magistrate that he
had never smelt powder in his life, nor wished to do so. He
was a poor agricultural labourer, and having obtained leave
from his master, a farmer, at Hilton, in Cambridgeshire,
to visit his sister in London, where he had never before
been, he travelled up on foot, but was so completely tired
out with his long walk that, on reaching Whitechapel,
he was about to go into a public-house, to get some
refreshment, when he was stopped by " a lady," who
Naked him where he had come from? On telling
her that he was • Cambridge "man," and that he
waa looking out for a decent plus to rest himself in, she
answered that she belonged herself to the same county, and
as he wsa a stranger in town, he had better put himself
under her protection, and she would find suitable aocommo-
Wien for him. She then took hint to a house in one of the
back streets in Whitechapel, on reaching which she led the
way to a first-floor room, where be had only been about two
minutes, when the door was suddenly opened by two soldiers,
one of whom seized him by the throat and held him fast,
while the other forcibly took off the whole of his wearing
apparel. The first soldier who attacked him then hastily put
on his clothes, having previously stripped himself of hie own
uniform, which he left upon the floor. At the same moment
the woman who decoyed him into the howls caught up his
watch for which he had paid 31. at last harvest time, and
after wishing him "Good niot," they all left together.
After raising a loud alarm, which was not noticed by the
people of the house, he dressed himself in the clothes which
had been left in lien of his own, and went out in search of
the parties who bad plundered him, but had only gone a short
way when he was apprehended as a deserter.
After some further evidence, which went fully to corro-
borate the defendant's statement, the magistrate said that he
had clearly been the victim of an artful scheme of robbery
and desertion, and ordered him to be discharged.

SOUTHWARK.

James Lemke, of 6, Blownlace, Lee-road, Blackheath,
was summoned before Mr. Combs, for unlawfully leavWg •
third-class carriage on the North Heat Itatlway, while the
train was in motion.

Mr. Robinson, law clerk of the company, attended to
protocol., and in stating the ease to the magistrate, said that
the defendant had injured himself severely at the dmelte got
nit of the eamage, but to prevent others from leaving the
carnage. while in motion, end for the safety of the paesen-
gem, the company felt bound to take the present proosedinge
under their Bth bye-law, which was as follows : " Any pia-
sewers entering, or leaving, or attempting to leave, any of
the carriages while the train is in motion is hereby subjected
to • penalty of 40a."
Matthew Dickson, the head-porter at the North Bent
terminus, London-bridge, said that as the 10 o'clock train on
the night of the 9th inst. was coming into the station, he saw
the door of a third-class carnage opened and the prisoner
jumped out. He fell down, and injured his knees severely,
as the train was in motion. Witness picked him up, and
having taken his name and 'address, he reported him to the
manager, who directed that the present proceedings should
be takes._

The defendant said that the door was opened by one of the
company's servants, and another man got out before he did.
He thought the train had stopped.
Dickson informed his worship that another man had got out
before the defendant, and he bolted out of the station, but
he denied that any of the company's officers opened the
doors.
Mr. Combo said that as a caution to others he should flue
the defendant 55.. and 2*. costa, and In default of payment
he must be committed to prison for seven days.
The prisoner, who said that he could not pay the money,
tree sent away in the prison van to Wandsworth House of
Correction.