The Express.
London, England, 1866-05-04 00:00:00

AMERICA.
ARRIVAL OF THE BELGIAN.
(Via Greencastle.)
NSW YORK, Aram 21, Zvirrnia.
The steamer England has arrived at New York
with the healthy and convalescent passengers. No
new cases of cholera have occurred on board the
vessel. She has been strictly quarantined.

SHERIFFS' COURT, RED-LION-SQUARE.
(Before Mr. Humphreys, the Coroner ; and a Special
Jury.)

ALLEM V. TAB METROPOLITAN RAILWAY.-TAB ROWING-

HILL AND BROMPTON RAILWAY.
This was a compensation claim by Mr. Allen, baker, of
Conduit-street, Paddington, for his leasehold premises
and loss of business consequent on the Rotting-hill and
Brompton Branch of the Metropolitan Underground Rail-
way taking his place. The claim as made was 1,5001.
Mr. Hawkins, Q.C., and Mr. Harrison were for the
claimant • Mr. Lloyd (with whom was Mr. Holloway)
represented the company.
The jury were about to proceed to the premises to view
the same, previously to hearing the evidence, when a
negotiation took place, in order to save a long inquiry ;
and in a short time an arrangement was effected between
the parties.
Mr. Hawkins announced that the parties had agreed to
a verdict for 700/.
Under the direction of the Assessor, the jury gave a
verdict for that amount, and it was accordingly entered on
the proceedings.

The Teutonic► has arrived out.
COMMERCIAL INTELLIGENCE.
NEW YORK, Aram 21, EVENING.

Money abundant. Gold, 126 g. Exchange on
London, 1364 ; ditto on Paris, 4.138. Stocks
steady : New York Centrals, 924 ; Illinois, 1144 ;
Erie, 734 ; 5-20 United States Bonds, 1041. Cotton
heavy : Middling Upland, 37. Flour dull. Wheat
very dull. Corn quiet, and prices drooping. Pro-
visions heavy. Coffee and sugar firm and active.
Molasses steady. Petroleum dull : crude, 254 ;
refined, 39.

THE POLICE COURTS.

(THIS DAY.)

WEST INDIA MAIL.
LIVERPOOL, MAT 4.
The steamer St. Thomas, from Kingston, &c.,
arrived here this morning.
Her news has been anticipated by the Shannon.

SOUTHWARK.
A GINTI.NNAN IN DIFFICULTIES.
Mr. Join Coulson, a gentleman residing in Lorrirnore-
street, Walworth, was placed at the bar before Mr. Bur-
chain, charged with being drunk, refusing to pay his cab
fare, and assaulting a police constable in the execution of
his duty.
Police officer 143 M, said that about a quarter to 10 at
night he was on duty in the London-road, near the circus,
when he saw the prisoner disputing with a cabman, causing
a great disturbance. Witness went up to them, and ad-
vised the prisoner to either pay the man or give him his
name and address. The prisoner not only refused to do
so, but without the least provocation struck witness a
severe blow on the eye.
The prisoner here, in a very excited state, denied that.
He never struck the officer at all.
The constable informed his worship that the cabman

INDLk AND CHINA MAIL
SOUTHAMPTON, MAY 4.

The Peninsular and Oriental Company's steamer
Ceylon, sailing to-day, takes out 2,2481. for Madras,
5,1001. for Calcutta, and 23,1831. for China.

LAW INTELLIGENCE.
(THIS DAY.)

Anessed his conduct.
Charles Gibbons, cab-driver, badge 6,972, said he was
hired by the prisoner at Charing-cross to bring him and
a lady and child to the Surrey side. Ile set them down
at the corner of the London-rood, and the prisoner walked
away without taking any notice of the fare. Ito accord-
ingly followed him and demanded the 611111 of 25., which
was due to him, but instead of paying him he told him to
go to —. A constable (last witness) then came up,
and while he was advising the gentleman to pay the
money or give his name and address, the latter struck
the officer a violent blow on the eye.
Prisoner (excitedly)-1 deny all of it. It is false, I
never did anything of the kind.
Mr. Burcham—Have you any witness?
Prisoner—No, I have not.
Mr. Burchain (to the constable)—Was the prisoner in
liquor'
Constable—He was, sir, and very excited.
Mr. Burchani told the prisoner that, according to the
evidence of the constable, supported by the cabman, he
had grossly misconducted himself. The officer was very
properly doing his duty, and must be protected ; and
therefore he fined him 151., and in default of payment to
be committed for 10 .lays. He advised him also to pay the
cabman, as that would save him further expenses.
The prisoner paid the money, and left the court in a
passion.

COURT OF EXCHEQUER.
Sittings in Error.—(Before Lord Chief Justice Erle, Lord
Chief Baron Pollock, Barons Martin, Bramwell, and
Pigott, and Justices Bytes and Smith.)
TUE QUEEN T. CHARLOTTE WISSOR.--THE TORQUAY MURDER.
This was the day specially appointed for hearing the
arguments in this case on an appeal from the decision of
the Court of Queen's Bench. The prisoner, it will be recol-
lected, was tried at Exeter with a woman named Harris
for the murder of the illegitimate child of the latter.
The jury were unable to agree, and at five minutes to 12
o'clock on the Saturday night of the last day of the com-
mission, the jury were discharged, and the prisoners were
re-committed to the next &seizes. On the second trial
Harris, without being acquitted or pardoned by the crown,
was taken from the duck aliel put into the witness box, and
itwas upon her evidence that Winsor was found guilty, and
left for execution. Error was then brought in the
Court of Queen's Bench, and the principal points raised
were that the learned judge had committed error in dis-
charging the jury, who were sworn to deliver the prisoner
on the charge of murder, and that in consequence she
could not be tried again ; and further that the prisoner
Harris, before she was allowed to give her evidence,
ought to have been acquitted on the charge, or
should have been previously tried, and if convicted
then have given her evidence, as in either case
she could not then be said to have an interest in the con-
viction of Winsor. It was urged that such a proceeding
was in consonance with the law as laid down with regard to
the evidence of approvers, but that as that had not been done
the prisoner bad been prejudiced,and that without Harris's
evidence she would have been acquitted, and that, cense-
quently, theprese n t conviction was bad. The Court of Queen's
Bench decided against the prisoner upon both these
points. And with regard to the latter, they decided that
Harris's evidence under the eircuruatances was admissible,
though there could be no doubt its reception whilst
llama was still charged as a participator in the
crime, had prejudiced the prisoner, they observed that
that was a matter of consideration in another
quarter. All they had to do was to decide
whether Winsor had or had not been legally convicted.
The Court of Queen's Bench decided that she had been,
and she was sent back to Exeter for the sentence of death
to be carried out. Error wait then assigned on that judg-
ment, the prisoner was reprieved, and the case came on
to-day in this court for further argument.
The prisoner, who has been confined in Newgate since
last Tuesday week, when she came up formally to assign
error, was brought to the court in the custody of the
governor of Newgate, the law requiring that in Caeca of
error the prisoner shall be present during the arguments.
The Solicitor-General and Mr. }Lumen appeared for the
crown ; Mr. Folkard and Mr. Collins for the prisoner.
Mr. Folkard urged that a jury once sworn and charged
in cases of felony could not be discharged from giving
verdict without the consent of the prisoner. He referred
to the various text writers upon that point. Blackstone,
however, stated that a jury could not be discharged from
giving a verdict except in cases of evident necessity. All
the old authorities used the words " sworn and charged."
Charged meaning the summing up of the judge.
Lord Chief Baron Pollock —ls not given in charge done
by the officer of the court when he calls upon the prisoner
to plead ?
Mr. Baron Martin—Just before his trial.
Lord Chief Baron Pollock said the words " sworn and
charged" are a few of the technical expressions in the
criminal law that havecome down in modern practice with-
out any change whatever. Formerly it was the practice on
the Northern Circuit, and it was within hie recollection that
the officer of the court used to say, " Gentlemen of the
jury, look upon the prisoner," and then the nature of the
charge was stated ; and the officer afterwards used these
words, " Your charge, therefore, is to inquire whether the
prisoner is guilty of felony, and if not whether he fled,
and if he tied what goods was he possessed of at the time
of his flight." That mode was adopted in every criminal
case.
Mr. Folkard said that was one charging, but be con-
tended that words sworn and charged meant the address
of the judge in summing up, and that after that was
done the jury could not be discharged until after they had
given a verdict.
Lord Chief Baron Pollock said that it was a usual prac-
tice to arraign a number of prisoners at the same time,
and the words of the oath used by the jury were—" Those
whom you shall have in charge." If they have not been in
charge the jury may be charged 20 times. The jury had
the prisoner in charge when the language of the oath was
used, and before the judge summed up.
Mr. Folkard said the jury were not charged, he con-
tended, in the sense and meaning of the text books until
the judge summed up the evidence.
Lord Chief Justice Erie said the oath taken by the jury
had also these words : " You shall well and truly try the
prisoner whom you shall have in charge."
Mr. Baron Martin—The jury are charged before they
proceed to try the prisoner.
Mr. Folkard pressed his construction of the meaning of
the word charged, and said that in Alfred's time no person
could be punished by loss of life or limb without the assent
of all the jury, and it was recorded in Pettingall's
" History of Trial by Jury," that a judge was hanged
for exercising a discretionary power in discharg-
ing a jury, and another was hanged for discharging
three jurymen in the course of a trial and putting in
three others. According to the authorities when a jury
could not agree they were carried in carts by the judges
to the border of the next county, and that he might re-
cord their verdict in a foreign county—not that he (Mr.
Folkard) urged that the judge should have done. it in this
instance. All he used it for was to show that if it could
be done and had been done they must have been provided
with refreshment.
Mr. Baron Martin said he understood that it required an
act of parliament for a verdict to be taken in another
county.
Mr. Folkard said he apprehended theta judge might ad-
journ the assize into another county.
Mr. Baron Martin said he had been informed that there
was a modern case in Ireland. There the jury were un-
able to agree, and the jury were taken along with the
judge to the borders of the next county, with the inten-
tion of there discharging them, bat just as they arrived
there they agreed to their verdict, and the judge, jury,
and prisoner went into a cabin by the road side and de-
livered their verdict, and the man was hanged.
Mr. Baron Martin said that Mr. Justice Smith had found
a case where King Alfred ordered 44 justices to be hanged
for breach of duty.
Mr. Folkard—Yes, but that was not for discharging
juries before they agreed on their verdict. If a judge was
to take a jury to the adjoining county, it was strong au-
thority that a.judge had not the discretionary power of
discharging a jury in cases of felony. The learned counsel
then proceeded to argue that a judge possessed the power
of adjournment to another county.
Mr. Baron Martin said the judge had to go in the first
instance to the Castle of York, and there dispense justice
according to the laws and customs of England.
Mr. Folkard said the judge had the power of naming the
day of the commission and of adjourning it.
Mr. Baron Martin asked if there was an instance on re-
cord where the commiasion day having been appointed it
had been altered by any subsequent act of the judge. He
could only put off the commission day one day by special
act of parliament.
Lord Chief Baron Pollock said it was done in Lord
Fadon's time. The judge could not get to Gloucester until
after midnight of the commission day, and Lord Eldon was
so careful to draw the act to record the judge's non
fessance as to assign the cause of it.
Mr. Folkard said that would answer his purpose.
(The case wax proceeding when our report left.]

ELECTION PETITIONS.-(THIS DAY.)

CHELTENHAM.

The committee resumed their inquiry to day, al
11 o'clock, Mr. Ayrton in the chair.
The cross-examination of Mr. Stroud, one of the agents
of the sitting member, Mr. Schreiber, was resumed. In
reply to Mr. Powell, Q.C., he said he had written a letter
to George Powell prior to the election. He retained a
copy of the letter, and then, as he believed, destroyed it.
He intended to destroy it but did not know whether
he had carried out his intention. His reason for
intending to destroy it Was that the people might not
see it. Never employed George Powell to act in any
capacity at the election. Knew Mr. Allen, who keeps a
a porter store in Cheltenham. Knew very little of him
before the election. Saw him several times on professional
business as a solicitor since the election. Has not the least
idea where Allen now is. Does not know that he is now
in Cheltenham. Cannot tell where Palmer or Baldrey
are. Would like to know very mech. Hoped to have
met theta inthecommittee-room. Stott and Coy wereclients
of his. He wrote to Mr. O'Brien demanding 71. on behalf of
Stott and Co. Powell instructed him to write the letter.
It was not written in order that O'Brien might take the
letter to Mr. Chesshyre to obtain the amount. Never
called at O'Brien's house or shop. It was likely that Stott
and Co. never heard of the letter being sent. Their house
is in Huddersfield. Never knew of the relations between
George Powell and Barnfield. Never saw them together.
Only wrote one letter to Powell. Never caused a second to
be written to him. Never telegraphed to him. Never
went with Barnfield to canvass an elector with
one exception. Went with him to canvass Digby. Gave
Allen 1/. and some odd shillings, the amount of his rail-
way expenses. Asked him what class be travelled by.
Mr. Byrne was a friend of witness's. Never saw him at a
committee room. He joined witness in the canvass. Knew
Mr. Cochrane. lie is director of a loan company of which
Mr. Byrne is the secretary.
Re-examined by Mr. Price, Q.C.—Never gave Powell
any authority to do any act for Mr. Schreiber. When he
was applied to he declined to act. It was altogether un-
true that he ever employed Powell at B. a day, or any
other sum. Did not see Powell at all on the polling day.
lie was not at the committee-room that day. Did not see
him for two or three weeks after the election. The letter
to O'Brien was a bona fide piece of business done for
Powell. Acted as attorney for Barfield after the election
in a case between him and I tigby.
Mr. Schreiber re-called—l did not say to Mrs. Wood that
I would maintain her children. I did not say "Ours is the
party to keep the children," but ours is the party who
keep the children," alluding to the groat preponderance
of the party. (Laughter.)
George Powell was called in, and having been sworn said,
in reply to the chairman, he had read a letter from Mr.
Stroud. It was destroyed. He had not received a second
letter. He had seen Mr. Stroud before the election.
Knew Mr. Barnfield. Went from Cheltenham about four-
teen days before the election. Told Barnfield he was
going away, and gave him his address. Did not give his
address to Mr. Stroud. Received Mr. Stroud's letter at
Carlisle. Gave Mr. Barnfield several addresses for diffe-
rent dates. Corresponded with him about the election.
Has not any of the letters.
[Left sitting.]

COURT OF PROBATE AND DIVORCE.
(Before the Judge Ordinary.)
PTABODT V. PEABODY AND GRIEEIf.
Dr. Bpinks for the petitioner, who married the respon•
dent at Northampton in 1857, and lived there with her in
domestic happiness until 1860, when she became ac-
quainted with the co-respondent, en innkeeper, and, through
him, fell from the path of virtue.
Decree nisi, with costa.

THE EXPRESS, FRIDAY EVENING, MAY 4, 1866.

THE MURDER IN CANNON-STREET. 1
___•__

FINAL EXAMINATION OF THE PRISONER.
(THIS DAY.)
The prisoner William Smith, alias William Den-
ton, who stands charged with the wilful murder of Sarah
Million, and who already is committed upon the ooroner's
warrant for that crime, was this morning brought before
the Lord Mayor for final examination.
The inquiry still appeared to create great public interest,
and as early as 10 o'clock a number of persons had as-
sembled outside the Mansion-house anxious to obtain ad-
mission to the court to hear the proceedings.
The court was opened at 11 o'clock, and Alderman Stone
sat for the Lord Mayor, and disposed of the night charges.
Soon after 12 o'clock the Lord Mayor took his seat on the
bench, and the prisoner was then placed at the bar.
He exhibited the same cool and collected appearance as
on the former examinations, and the knowledge of the fact
that the coroner's jury had returned a verdict of wilful
murder did not appear to have had any effect upon him.
Mr. Wontner again attended to conduct the
prosecution, and Mr. Scarth appeared for the
prisoner. Colonel Fraser, the commissioner of the
City police, was seated on the bench during the in-
quiry. Mr. Bevington, one of the firm of Bevington and
Co., was also present.
Mr. Wontner made a short address to the Lord Mayor,
referring to the fact the prisoner already stood committed
upon the coroner's warrant, and the following evidence was
then adduced:
Agnes Heathcote Bayley, the witness who was examined
on Wednesday before the coroner, was the first who
was called. She described herself as a widow, and she
stated that, on the night of the murder, she had been to
Greenwich, and left the train at London-bridge, and
walked over the bridge, and through Cannon-street, on
Mr. Bevington's aide of the way. As she was passing
Mr. Bevington's house, she said that she saw the
prisoner standing on the steps, and it was then about half-
past 9 o'clock. The prisoner, she said, appeared to be
buttoning up the collar of his coat, and she observed his
face. She saw him go first towards St. Paul's, and
then he returned and went on the steps of Messrs.
Bevington's door, but she did not see him go
into the house. He had an ordinary black hat on
his head. She said that she happened to be
accidentally in this court upon one occasion when the pri-
soner was under examination, and she recognised him im-
mediately, and made a remark to herself that he was the
man. The witness, in answer to questions put by Mr.
Wontner, said that her father was formerly a merchant,
but she and her mother were notfin such good circum-
stances at present as they had been. She said that she
afterwards went to see Messrs. Bevington's cook to ask her
how the matter was going on, and she saw the prisoner
last Saturday in Newgate.
Cross-examined—My name is Bayley. I am a married
woman. My husband's name was Bayley. He lived at
Sydenham, near the Palace. 1 forget the name of the
place. I used to live with him when we were married five
years ago. Wo were married at a registry-office. I refuse
to tell where we were married. My friends did not know
that I was going to be married. I told my mamma. (A
laugh.) I was sentenced to twelve months' imprisonment
at the Old Bailey for obtaining goods by false pretences.
I was charged with taking a begging letter to the clergyman
of Islington. Myrnatemadid not send me with thisletter. (A
laugh.) I was convicted in the name of Agnes Watson.
My father was a merchant, but it is not true that I have
been to every merchant in the City with begging letters.
There was a subscription for the family when my father
died. I did not send my father's freedom to his lordship
(the Lord Mayor) with a begging letter. My mamma scut
the freedom and the letter, and his lordship sent 104., but
my mamma did not get any of it (A laugh.) The train
arrived from Greenwich on that night about 9 o'clock.
I went to Greenwich on private business, but I refuse to
say what that business was.
Mr. Scarth said he really must know what the
hilliness was. It was very material for the prisoner that
he should get all the information he could about this
witness.

..---- -
The witness then said—l went to Blackheath to look for
& situation. lam sure it au not on the 17th of April that
I went to Greenwich. The train I arrived by left Green-
wich at a quarter to nine. I went to see a lady
at Blackheath-hill. She is not there now. Her name is
Bell. She lived on the hill—No. 7, Staunton-place.
I went into the park and sat down to rest
before I went to the railway station. I have a bad leg,and
cannot walk fast, and that is the reason why it took me
half an hour to walk from the station to Messrs. Bevington's.
I live at Chelsea, but I swear that I did not go into a pub-
lic-house at the corner of the street where I live at 9
o'clock on the night of the murder. I did not go until 10
o'clock. I did not go home until past 10.
Mr. Scarth said that according to the witness's own
statement she could not have got home at the time she re-
presented. She lived close to Cremorne Garden., and the
'bus took an hour to get there. The publichouse referred
to was, in fact, a beershop, which was obliged to close at
11 o'clock.
William Smallusan said—l live at Barnsbury-road,
Islington, and am a costermonger. I have seen the pri-
soner before. I saw him on Wednesday evening,
the 4th of April, at a quarter to 9 o'clock,
at Bevington and Sons, in Cannon-street. I was on
the same side of the way. I was induced to notice
him by bearing him call a woman a wretch.
Messrs. Bevington's door was ajar—on the chain appa-
rently, and the prisoner was standing on the steps, and
some one was inside, and I think it was a female. I saw
the person, whoever it was, pass some silver to the pri-
soner, and I heard him say, " Is this all to-night, you
wretch?" The prisoner then turned to me and asked me
what I was standing there for? and I replied, "That was my
business." He had a short thick stick in his hand, with
a knot at one end and something like a dagger at the
other. I have seen such sticks in the shops, and particu-
larly at the time when the anti-garotters were about. (A
laugh.) I saw the dagger sticking out, and the prisoner
flourished it about like a shillelagh, mid said, " In a short
time I shall do for you, you wretch !" He then put the
instrument up his coat and concealed it, and when he had
done so, he " took to his heels" and ran towards London-
bridge. I saw him again yesterday among a number of
other prisoners, and pointed him out as the man I saw on
the 4th of April. I swear before God and man that the
prisoner is the man I saw on this night.
Cross-examined—l only want to see justice done to
every man. I sin a costermonger. I deal in shrimps, and
I had been to London-bridge to see the boat come in with
shrimps. I did not buy any shrimps. I can speak to the
time I saw the prisoner, because I looked at the clock in
Cannon-street opposite the railway station. I don't know
whether anybody saw me on London-bridge on this night.
I went to see whether any shrimps had arrived for the
next morning's market. lam quite sure it was between 9
and a quarter to 9 o'clock when I saw the prisoner.
Mr. John Whitehouse said—l reside at Eton and hold
the appointment of surveyor of the roads for that district.
I know the prisoner well, and remember meeting him on
the evening of the 11th of April. I left my own house
at 10 minutes past 7, and was going towards Eton College,
when I met the prisoner going in the direction of the
Slough station. I believe he had a hat on. I did not
notice his clothes, but I think he had a stick in has hand.
It was between a place called the Fifteen Arch Bridge and
the College that I saw the prisoner, and it was about a
mile and a half from this place to the railway station at
Slough.
Cross-examined—l am sure the distance is a mile and a
half. The prisoner was not walking at an extraordinary
fast pace when I saw him. I know the Jolly Millers
Beershop. It is about two miles from the beenhop to the
railway station at Slough. The prisoner might go to
several other places besides Slough from the spot where I
saw him.
Mr. Wontner said this was all the evidence he proposed
to adduce at present ; but he asked that the prisoner
might be again remanded.
Mr. Scarth said that the prisoner was anxious to be
allowed to have a pint of porter and some bread and
cheese ; and he asked the Lord Mayor to permit him to
do so.
His lordship said he did not suppose there would be any
objection ; and the prisoner was then formally remanded.

'HIS DA Y.)l increase of 711,6551. in the active circulation shows
where the bulk of the notes taken have gone,
while, from the diminution of 346,6361. in the
bullion, it is evident that another portion of the
notes which have left the Bank's till have bee.
actually cancelled, against gold withdrawn from
the issue department for export.

Ow a o'CLocK.

ENGLAND.
ith and Nth c. 32, for Mau
r, the 2nd day of May, 1860.
'ARTIIK/IT.
Government debt 211,015,100
Other securities 111.01A.9110
Gold coin and bul-
Hon .
Ulm bullion — •

BANK OF .
An Account pursuant to the Act
week ending on Wednesday
MUM nzP
A!7,71! 010

227.711,020

427.712,010

AsTon

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Vendetta

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