The Express.
London, England, 1858-07-29 00:00:00

TEE 'XMAS, THURSDAY EVENING, JULY 29, 1858.

MIDLAND CIRCUIT.—Dust, JULY 28.
(BAN Xi. Judea Wislibms.)

♦ 1101WIR CS•101D WITS •1

Halt OW CIILDW.

TO POISON

Mary Bell, 31, was charged with admlnietering on the
80th oilier* 1866, to Joseph Ball and Ebesener Bell, her
htdrt cWldren„ • deadly potion called laudanum, with intent
to kill and murder them, at Alfrston.
Mr. Morawood prosecuted; Mr. O'Brien, at the request of
lordatip, Minded the pr isoner.
This wee • very *Vol case. The primmer had only been
emellaied seven days, but preferred taking her trial in pre-
ference to its being adjourned* the next sarises, as recom-
mended by the eurgeon of the gaol. Her husband had gone
awe, mad left ker burdened with the two little boys whom
she was new charged with attempting to poison.
Imey (deter to the misoter) mid that prisoner
lived with her idiot and mother at Swanwick-ktme, near
AMrston, together with her two children. Oa the minis(
at the 30th if Mardi ahe went oat of the home, and ma
rehandser skint nom e'elock, maw prisoner with a cap and
bottle la her hod. Primmer then (said the witness) went
up delve le her bedroom. I followed her as far as the door,
and my her with hryoungset child in bar arum Pri-
mmer eei& "If yon don't go down stairs, I'll break your
seek." I went down stairs and told my mother, and then
returned to the bedroota sad saki, "My mother has mat me
to treats the sap." My mother came up stairs.
Lam upd, mother of the prisoner, said—l am the wife
• emenal Ugland. of flweswick. The prisoner was living
with us In March, with her two children. The eldest is two
years and a half old, and the youngest fifteen months. She
ie a married woman. Her husband has gone sway and left
bee. Oa **morning if the 30th of March I went up to
her bedroom, and env her with one child in her arms,
mil the oar running shout. I said to her, " Mary, hare
yen bon giving that child poison t " She said, Yea,
loathe, I have give them both some."
Henry Neale, druggist,
31
Oreenbill•lsne, proved selling the
=drachms of laudanum in arift, and labelling the
Laudanum—poison." Bhe said she wanted it for
• eovith, and he told her how mods to take. On the morn-
lag et the 30th March he was sent for to England's house.
lie adandotered emetics to the children, and they were
ellesenel. Oa inquhlog of the prisoner it Me had given the
children laudanum she said, " I have. I wished that myself
sad they too might all he dead together, and out of
the way." The mother appeared to be suffering also from
the allect• of laudanum.

Cross-examised—The mother appeared to gnat distress.
Mr. Belcher, surgeon', Bemcnercoates, ezendaed the two
children cm the morning of the 30th of March, and found
them suffering from the effects of a narcotic poison. Ho woe
informed that the children had bad a teaspoonful of pairs
each. Prisoner said she did it to saes trouble, and because
she thought that herself and the children would be better
out of the world. The emetics which had been administered
pee the children relief, and they were still alive. A tea-
spoonfal of laudanum would be sufficient to cause the death
of children like these.
By Mr. O'Brien—That is 'zippering the laudanum was of
fall
*old by country strength; as • general rule it is diluted very much when
obsolete.
The prisoner was hi a wry excited state.
Mr. O'Brien addressed law Jury for the prisoner, who was
Acquitted.

NORFOLK ClRCUlT.—lrswicn, JULY 28.
CROWI4 COV3T.—(Bacire Lord Campbell.)
. .

His lanisidp task his wt upon tan bunch this Morning at
half-paia 9 o'clock.

TVS IPSWICH 111:11D111.
Zimmer Cherriegtoe, 27 years of egs, • person about
five feet In height, was charged with the wilful murder of
Susan Stork], at the parish of St. Mary Erna, in the borough
of Ipswich, on the 30th of April last.
Mr. Keane and Mr. Marriott appeared for the prosecution;
the prisoner was defended by Mr. Ducat.
The pneoner pleaded cot to the charge.
It appeared from the opesles of Mr.
i Keane as well se the
evidence adduced, that the thee. or fear yeses ago
extend into the senior ef Haas Bteolel4. WOW-
cuter), torrYthil oa bathes' se • la the of St.
Mary Elena and Mislead to the deceased. prisoner
remained in Studd's service for =oat • year, when be left.
The mode in which the Imams od Studd was carried on
the presence and amistanee of the deceased in the
eo that the prisoner and he deceased were
Ironed a 'great deal into the sookity of each other. After
the prisoner had been in the service of &add for
• year he he; bat fa about December last the
again come beck to Ipswich, and went
the house of the deceased. After he had been back
• short time, ono evening Stodd, the husband of the de-
' ceased, went to his house, where ha saw the prisoner and the
deceased engaged in a scuffle. &odd exclaimed, "Good
God, what doer this rasa f " The prisoner then took up
some tea things which were standing on the table in the
room end flung them at Btodd, at the same time turning to
the deemed, saying, "D— your heart, I'll murder you."
Stodd at otos applied to the magistrates for protection. The
prisoner was taken before them, and wee eventually put
under restraint for six weeks. At the expiration of the pri-
soner's Imprisonment be again went to Stield's house,
and it appear, he was permitted to take his meals
with B=dd's family, asd to sleep on the floor of the
lower new. at night. This he was permitted to
do he arm drys, at the wad of which the prisoner again left.
Daring this time tke prosecutor (S:utld) slept at the bake-
Mee cl• night, sad k appears he reedy west home to his
own salter. Oa the 26th of April the prisoner ouoe more
returned mad west to Studer. house, ex g to be treated
as (many ; bat It appears he was repotsed by the deemed,
mad told bytes? that he should have nothing more to eat there.
We should, however, state that Stodd's bake-office is dis-
tant from hie cottage about 300 yarde. Stodd's family then
cones= cf ti. trio and seven children, three of whom did
eot live at home. Oa Meaday, the 26th of April, and
the two following days the was again
permitted to take kb nasals with trulididieir family, again
sleeping oa the Boor of the lower room. However, on
the 29th, the prisoner again presented himself at the boil*
el Studd, and requested that be might be permitted to partake
of dinner, but the deceased told him be should have " no
mere dinner' there." The night before the murder, at about
I l o'clock, the prisoner again presented himself at the house
of the deceased, and was noticed to be making for the side
of the tire-place, with the endeavour of seizing the poker,
but a daughter of the deceased sprang forward, and prts-
vented him settles possession of it. Some hard word' then
pawed between the prisoner and deceased ; the prisoner mrou
tattc.h, and was very violent. The deceased, after • time, got
eat of the hoar., and in her absence the prisoner Much •
daughter of the deceased over her head with a piece of wood.
The prisoner thee went out of the hones, taking en Indian
cashed* him, sod reseeded to the hones of • Miss Serap-
e:in, • dressmaker, who resides in the Norwich-road, • die-
trees of about three-quarters of a mile. At ?diva Saesperes,
' the elder daughter (Susannah Studd) of the deceased lived, es
en sanistant. The prisoner rapped the inmates up, and
called out to Susannah Redd to immediately come down
stairs sad proceed to her mother's, who we. hiker den-
telty ill. He laid he was the father of Miss Studd.
= Struld refused to come down stairs through fear,
well knowing that it was the voice of the prisoner. At this
time the prisoner wee heard to say, "If you don't come
down, I will break open the door and murder you." A politie-
s= soon came up, and string that the prisoner wee
merbeating himself in an Improper and violent tauter ro-
=rb= to be quiet, at the same time wresting the lodise
ota him. In passing down Bt. Matthew's-street, in
the direction of Studds honer, a man named Fairweather
met the prisoner, who ',Tree= himself as very angry at the
club being taken from him. Prisoner at this time mid he
" Would murder the accrued before the moreing, and that
he would be bung in Ipawirh for it ;" and he aided, using •
violist oath at the rime, " that elle (i-teased) had been the
Wit of him." Perceiving that it was the intention
of the prison'r to go to Stndd's hone, the man Fair.
weather and the potent= kept company with him, tearing
that awe Injury might be done. It will be remembered that
the deemed wont= left her home after the prisoner was pre-
vented seizing the poker at the Ore-place. She did so, it ap-
pear., for the porpoec of obtaining the assistance of the po-
llee, and an oilier wee sent home vt ith her for protection. In
the presence of the police and Ferweather the deceased and
her daughter locked the door of her house and went upstairs
to their bedroom. They had not bees long upstairs-before
the wiener knocked at the outer door, but he wee refused
admittance by the murdered woman, who looked out of the
chamber window and accrued him of stealing the key of the
front door. The prisoner sounder thiej armed overawel at the
back of the house, forced open the kitchen-door, ran upstairs,
sad burst open the bed-room where the deceased and her
daughter Emily were. The prisoner was told to leave the
mom, bat he mfased to do so, standing with his beck
eeggaamiaeett the door, all the time swearing at the deceased, and
tiglaeeniag to murder her if she said anything. The wait
Fairweather, at the request of deemed, went up stairs and
mewed the prisoner into the erect. The prisoner hare
salted for money and vic'ualo which deemed refused to give
hiss, ad he was prevented by Fairweather striking the d -
°mead. After Fairweather had got the prisoner down to the
street a bad% took place hawses them, in the muse of
which Fairweather struck the prisoner • blow on
the Ede of his eve end caused blood to Sew
from en abrasion of the akin. (This le important, se the
peonec accounted for the scratch by the side of the eye
from a scuttle be had with the deceased, and which he said
was c.iumed by the sod of • poker.) The prisoner, after a
time, was 'Mooed to leave with Fairweather, who, to get
him away, promised him • bed and broeitast. The prisoner
went away with Fairweather, but they had not proceeded far
Ulm the primer ran away from him. Fairweather, se-
ek:B=BlEl=ms°' twirl
thjgto some
mischiefSwenwrhd,
whew d cries upp- stairs es if in altematioa, inthe
muse of which the exclamations of " I shan't," " I won't,"
sad " were heard. The potoe- Aker celled out to Mrs.
Stodd (t►edeeeased),e.kisg her if she required his seleance or
laterbrator ? The deceased replied that his atelstince was
no huger an I he west away. This brings the
Illivethrs down to about one o'clock In the morning of the
assoltr. It further sppeare that when the prisoner left
Fairemilkie he at once wco.t to the chamber of the deceased
and threatened to take her Id. before the morning.
wtea Ilhe doossee4 and her daughter Emily, who were not
aadrarsd, the presser stayed keen 1 o'clock till hali-paat
6 la the deceased' a bedr.aeo, on the morning of the mauler,
at which time he went down stairs and wee followed by the
dashed, the daughter Emily nnuinieg up stairs. At 20
Wanks to 6 the deceased went to the bake-ofilos for some
kindling. At this place the deceased saw her husband, who

had slept lanadir dialglicas les had_ dose der theuring Walk pre-
ram bat nand betwD the de-
osassa's abuses slabs balostoSoeenet irony Mudd, ea &nab-
ter of demand, who was upstairs, arra the primmerwalkbrgg
about in the room below. On the return of abs
from the bakeries, abs &siker. Bray heard abs settling
of coals, as If her wear as a dioth sad bar mother
exclaim, " Put it down." leloq ear est, and
almost. multsosoudy, lard the band cd a blow and a
moan. Emily Mull larrialsly ran down balm The
prisoner had gars , sod sae saw kw mother (ths de-
osassa) bag ea des door. Thies was a poker
lyisg the leer wide& had beim bast, and which was
not bent the night beim The tree sent for to
the baks-odre, as wed as Kr. abs enboess, but Mn.
Btudd, In an hour sad a porter from the dna the blows
were inflicted, had cored to live. On iseradlon of abs
body after her death the occipital biro wets bed not to
have been fractured, but there wee a howented witual made
the ear and • mark es be neck prim& by a dim lag
swan of which exactly lard wilt the stun ad of las
poker. Thus wounds abs lasand man oebt ewe the amain
of des& The yebonir yea a few Mrs oar hod at
' Web" a Alp
_Went Awl nght miles trees Or moo of
the waresk
erred. at Ws alber's houae, with his boob ea.
and uay de Pdlesneestable Gallen hoop told the
prisoner he mast antis lima, in cnotody, bag an what
charge the aka did set ebb. The pfmair Immidistely
wired, “Is she deed r The cane onollllllll.l. " I don' t
know." TM prisoner was eventnally laidover to the
custody of Superintsrart ldorte, of des Ipswich borough
polies, who said to abs lame " I understand that upon
yonr offrehouion by dr yollee-officer you easel him a
=lr. The biome mad, " I did." Superintendent
kon said, " In near to the question yon put to the
ollberf I tell you she be due' The yellow said, "I em
Dory for it." Bupsinterkal Nabs hers said, " I have sem
bee ; dee bawl: and I thlnkigsarmpla le Mow of it." The
proem It • bed We bed mew words ; she
took up •yeher, awl woo to leas tab I took hold
of It ono Ed oright sr rip epos and the other
end struck bar as lie bead. I Sea La by the back door." 1
In abs oressonanobblera of the prosecutor, the husband of
the thisinsol, he odd ba onspoted there had been an Moat
connenba Wolin between as idiom and his wllle, the
debar& The rams why ha &pi at the baba-Asa arts,
from the nee di fund If Mast hone b ooneerionse.
It was etc sibebledEct desablees ant her mother
had ant bad tow at be awe he was at the
sistisearms on a of esassiefog Medd.
Iftralainhat NAM" ha abs ebbe of hie crows lemma-
=ark add, whin he Yid the_ phom lbs. &add wee
ark be eronld hews Ma bid leer
not supported bin.
The nearrtnesis sennsion Dobenen be 'donor end de-
ceased vat Ina known ha the lawn. The aseredi peered
to booboo the rimer. TM night 611 Moab wee at
the statics In ohms at easwalass 'be peraeutee, one of the
deceased wornsn's ablkair brought Ids a of hot
sprats for rapper.
Police constable Spinks rid, in cross-szasargaa, that
whoa he took the prisoner into ousted an a ohmage of
sassultiug the prosecutor, [the d rid to prisoner
(who *keeled to go quietly), " 00, my dater, go quietly; I'll
pet an my shawl and go and see if I can get bail for you.
I'll need you something up, so that you shell not take
any harm.'
This was the ore for the prosecution.
-

. -
Kr. Dement made a powerful address on behalf of the Poi-
ewer, urging that, under the circumstances, the unfortunate
annemion that had misted between the prisoner and the un-
helmets woraILD, the quarrel between them, and the pro-
bability of the deceased first attacking the prisoner with
**poker, they would not find the prisoner guilty of the crime
of murder. He couldnot but admit that the prisoner struck
the blow which wee the cause of the death of the deceased;
bat then come • question for the consideration of the jury—
Hid the Wixom inflict the blow with the intention of taking
away her liis ? He trusted they would arrive at a different
conclusion, sad thus find the prisoner guilty of the lesser
offence—that of manalaughter only.
The Chief Justice, in summing up the evidence to the
jury, said • most solemn and painful duty now de-
volved upon him. The question for them, as had been
submitted by the learned counsel for the pewter—end very
properly Do—was whether the jury should find the prisoner
guilty of murder or manslaughter. That the deceased came
to her death by the hand of the prisoner admitted of no
doubt ; and, unless there were circumstance* In the evidence
which had been submitted before them that would in point of
law so reduce the mime from murder to manslaughter, how-
ever unwilling they might be, the law must take Its course.
There were no grounds on which he (his lordship) was
able to see that this WY manslaughter. But it was
for the jury to consider the evidence, and In doing so there
were two questions for their consideration, and which would
guide then as to their verdict. The first question was this
—whether they could come to the conclusion on
the evident* given that the prisoner did not mean to do the
deceased may serious bodily harm at the time be gave the
blows. The second was, whether there we • scuffle between
than and such • provocation given by the deceased, snd the
ass of the poker by her, whereby there was provocation—
that she struck him with the poker, end then 'het he
wrested the poker from her and struckl her—that would
areciesiU they could arrive at that conclusion from the 'A
ce-
dduyen, to manslaughter.
Him p then read the evidence over to the jury, and
commuted upon it in a moat careful manner, observing that
however guilty this woman might have been by seducing
the prisoner at the bar, yet that war no jnatilixtUon for the
prisoner acting as he had done. There was no evidence of
• quarrel having taken place between them, but If the jury
should be of opinion there was • quarrel, they would
then return a verdict of manslaughter ; but, if on the other
hand, they should be of a diffortmt opinioa, their verdict must
be that of murder.

The jury, after a brief oonsultation, was sated by his lord-
ship if they would like to retire to consider their verdict ?
They enevered Is the atHrmaiive, and retired accordingly.
After an absence of an hour-and-a-half the jury returned
into court with a verdict of Guilty of murder.
The Lord Chief Jades pared matinee of death upon the
prisoner in the usual farm. His lordship was so overpowered
by his feelings that he was almost inaudible.

WESTERN CIRCUIT.—EXETER, Arty 27.
(Before Mr. Baron OrmelL)

BIGAMT.
Jonathan Loney, 63, waa charged with bigamy at Stoke
Demerol. The prisoner, who was defended by Mr. Con,
married, in the year 1846, • resident of Portsmouth, with
whom, however, he had not resided for upwards of four
=. In November last It• married a woman named
11, who resided at Stoke Datoorel, his first wife being
still alive.

Hs was found Ows7ty, bat asatasce was tisisnad.
DRETAL ATTIRES TO a oania.—DlATl RECORDED.

•
Abu Male was indicted for attempting to murder
Jamas Bolt, near Tavistock, on the 12th of July. Mr. Cox
prossouted.
The facts of the ogee were briefly these. The prosecutrix
was alone in bee lather's cottage on the morning in question,
which to 'Mate In a very lonely part, when she heard some
one at the back door. On opening ft she Raw Sickle peeping
M her from behind a barrel, and he immediately ran towards
her, saytng, " I owe you • grudge, and now I'll pay you
out," and then struck her a violent blow on the head, wit it •
heavy Mich he carried in his hard He repeated the blow
several thaw, until she, supposlog he intended to murder
her, uttered a groan, and became motionless, u though
she wee deed. On this, be struck her • final blow
ea the head, saying, " There, you that's
dose for you." Ho then went upstairs, and com-
menced ransacking the boxes and cupboards. She,
whilst he was updates, managed to creep out slowly and I
quietly unobserved, and hastened to her uncle's home, which
was close by, and said, " Biala is robbing the house." She
was so awfully disfigured with the blood and wounds that
her uncle could scarcely recognise her. The ahem was '
soon given to the neighbours, and two of them, named William
Maabford and George Cook, went to the house. Mashfold,
on mutating the house, noticed revers] pools of blood, and
heard • noise upstairs, on which he opened the chamber-
door, when Sickle, hearing some one moving, jumped from
the Dad room window with the stick in Me hand. The two
men ran out of the house after him, but were unable to catch
Dies, as he jumped over hedges and ditches, and at last they
lost him. They then returned to the house and obtained the
aestetance of one of the Devon Constabulary, William
Maddock, and immediately went in pursuit of Bickle. They
discovered him in an empty house at Horne-bill, about two
miles from the scene of the attempted murder. He gave
himself up quietly, and maid to police•oonstablo Maddock,
" As it is you, I will give myself up; 11 it had been any one
elm, I would give them • fax chase." On him was found a
oda, which seemed to have bete recently washed, and also
• wet towel In his pocket; also • handkerchief belonging to
the tither of the uuhrtunategirl. Neither the stick nor the
towel bad any traces of blood on it, bat Sergeant Free-
man, on examining him at the pultoostation, found spots
of blood on his jacket and shirt. As he was being brought to
Tavistoek by police-constable Maddock, he said to the
oomiable, " I took ont my knife once to out her throat, but I
theegglit better of lt," end " Halts was not deed, he did not
011114 end Mahe was, It wee only spoiling • bit of good hemp
to pat around his neck." On the police examining the boom,
they head the drawers and boom upstate, had been rifled,
and • parcel of wearing epparel tied up for removal.
Medical sesistaace was soon obtained for the poor girl,
who was In a very dangerous condition ; bat she is now re-
covering. It appears that phe bad given evidence against
!Mlle fur robbing her fattier's home for whle ho was
transported for four years, and had not king returned to his
native place before be committed the above horrible outrage.
Both his father and brother have been transported.
In hie defence the prisoner said he had no intention of
killing, but only of maiming the proaecutrix.
The Judge recorded mitten°e of death against the prisoner,
bat told him his punishment would probably be penal ser-
vitude tor Ids.

NORTHEM CIRCUIT.—Duausx, Jinx 27.
Caowc SlDE.—(Denote Lod elle? tan: ?Zoek.)
Henry Wilson, Robert Gibson, Red George Darison, wets
charged with having committed burglary at Hartley O.
Willis* Lawson *Died guilty to the now charge es
Monday.
Mr. Melton sad Mr. Fowler were for the peceeoutioa ;
sad Mr. Seymour defended the primers.
Os the evening of the 18th of May the prosecutor, Kr.
gdiesed Spanoe, a relieving officer, residing In
Atbisa-
terraee, Hartlepool. retired to net with kis Grimly at stout 11
o'clock. Next morning at about half-last 2 o'clock one of
his daughter. diecovired that • man was riding bet drawer,
and she latreadiately raised ea alarm. The burglar homey

decamped, and although • search was made for him by the
young lady's two brother*, It was not till some time had
elapsed that they suomeded in finding him. They were
eventually attracted to the ooal-house byhearing a scrambling
noise, and on going in maw the prisoner Lawson working his
way out by the grating. One of the promoter's sons ran to
the outside to Intercept the robber, an on ooming round
to the outlet already described saw the other three prisoners
assisting Lawson to escape. They were also seen by two
other witnesses. They of wines took to their heels, but
were captured after a long chase of some miles. Lawson
wee mowed on the spot. It appeared that Oilman had been
previously sentenced to penal servitude, and that Lawsonhed
also bent transported for ten years. They were now sat-
tenni **pled servitude for live years each ; Wilson end
Davison to eighseen months' imprieonment.
John Laing and Ames &nit h, the latter prisoner 21 years
of ware charged with a garotte robbery.
Fowler prcanated ; Mr. Price defended Laing, and
Mn. Blackwell
pimaalpeared for Smith. The prosecutor, whose
NM is is • fanner near Stockton, and on the
mobs of the 24 February, about 12 o'clock, was proceed-
ing branawards, having been detained in Stockton until that
Ihlss on leanness. On the reed he was joined by tileZ
simme, hat, after proceeding about half • mile u
dreppull bsdr and the prosecutor and Smith continued their
jemmy. ' Ori turning down Itlshopgate-Luse, near Stockton,
the pramontor alleged, Smith made a sudden attack upon
him, sib( him fiat by the waist and then by the throat,
whke same he was deptived of the power of widows.
Two men dm came running up and rifled his pockets of
le 6d., after which all his assailants ran away.
Mr. Price emmisabill on the evidence of identity, es
against Laing, as Guiltyy deficient, and he wee s
pend
servitude. was foun, and sentenced to five years' penal
servitude. _ _

Hb LOrdship marked that this offence was of a nature
which ought to meet the severest punishment.
Thomas Ihtlar was charged with uttering a counterfeit
shilling at Crook on the 12th June.
The Men. A. Liddell prosecuted ; Mr. Price defended the
primer.
This one, which was of the most ordinary character, was
Indired kat/what interesting in consequence of some con-
vention which took place between his lordship and Mr.
Price ea a practice which apparently exists in some towns in
the north, of taking the depoeitions in the abeenoe of the
=accused. Kr. Liddell put in the deposition of •
who was absent, but Mr. Pries objected that the de•
resinous bad not been proved to have been taken in the pri-
stases prinanos.
Mr. Liddell then called • police aloer to render Mr.
Pricers objection nugatory, but It appeared front the officer's
evidence that it was the practice of the bench to hear the
faces of the case first, then to send the witnesses before the
clerk end have the deposition taken. The accused was than
nulled, and the depositions were read over to him, when
he might object to them.
Mr. Price requested his lordship to reject depositions taken
upon any such principle. In a ease which he himself had
conducted at the last winter win at Newoutle the mane
difficulty arose, and the depositions which were then pre-
sented, not having been taken in the presence of the accused,
were rejected. He would call his lordship's attention to the
statute, which provided that "such justice or justices,
before he or they shall commit such accused person to prison
or for trial, or before he or they shall admit to nil, shall, in
the presence of such accused person, who shell be at liberty
to put questions to any of the witnesses produced naiad
him, take the statement on oath or affirmation of then who
shall know the facts and circumstances of the can, and
shall put the same into writing; and such depositions shall
he read over to and signed respectively by the witnesses who
shall have been so examined, and shall be signed also by the
justice or justices taking the same." This statute having
bon violated, he naked his lordship to reject the deposition.
His Lordshipp admitted it was • very irregular method of
conducting ; but thought that when the depositions
were read over the accused person had ample opportunity of
referring to them. If Mr. Price's request were to be ocen-
plied with, every men in whose presence the depositions had
not been made, and who had been subsequently convicted,
was entitled to a habeas corpus to be disonrged.
Mr. Prioe—That may be. I am not prepared to deny it.
It is high time that such a practice should be stopped.
His Lordship said it was high time the magistrates adopted
a different course.

Mr. Price said ha must press his application u a matter of
principle. The same point had beet mooted before In minor
cams; but it might happen that it would become of the
utmost importance.
His Lordship eventually decided on receiving the deposi-
tions. _ _

CIVIL SlDE.—(Before Mr. Baron Martin.)

'HAW V. REOPATH.
This was an action for damage' for breach of promin of
Mr. Temple, Q.C., and Mr. W. D. Seymour far
the tiff ; Mr. Devlin for the defendant.
. Tempts, in abating the our, said the plaintiff was a
widow of 42, but, he understood, a lady of considerable
attractions, looking mach younger. The defendant, a
widower, was • tailor and draper and resided at Sunderland,
in which town also the plaintiff lived. The lady was a
highly respectable person, being the daughter of Mr.
George Johnson, who had risen from being a seaman to
become the owner of a vessel; and her family had been
acquainted with that of the defendant for several years.
After stating the facts, as they appear in the evidence, the
learned counsel said be could not ivaLlis was a very romantic
case, considering the &goof the part and they slight be told
that the lady was not likely to feel slight so keenly as it
would be felt by a younger lady who was sued by a younger
lover; but, looking atall the facts, he thought that very con-
sideration might have the effect of inerening the poignancy
of her feelings, and he called upon the jury to award ample
compensation.
He then called Jane Robinson, the plaintiff's sister, from
whose evidence it appeared that the plaintiff and defendant
kept shops near to each other, and that an intimacy had
'prang up between them in comliance of an order which had
been given to defendant to supply some clothes to witness's
husband, who was a seaman. In September last they became
'reeding') intimate, and, in the early part of October, the
defendant intimated his intention of marrying Mrs. Skew.
His attention to the lady subsequently tumefied, but In
Febenary his ardour had visibly declined, and his risks Os-
came less frequent, when an explanation was d'e'eded.
In March the old dame revived, and both
seemed to set on the " old understanding," burin
few days the fickle lover again proved faithless, sad
utterly deserted the object of his former adoration. On biasrequestedto explain. his conduct, he mid if the marriage had
taken place it would have placed Mrs. Smith, his mothee-ia-
law, in her grave; and that the matter was quite done.
Mrs. Robinson also deposed that the defendant's conduct had
had a great effect on Mrs. Shaw's health; that the latter
had purchased dresses and different things for the wedding,
and had given up her shop for the purpose of being married.
This testimony was corroborated by Mrs. Ann Johnson,
the wife of a mister mariner, and the case for the plaintiff
wee then closed.

Mr. Davison thought his client was much to be pitied in
this transaction, and that he was entitled to dareareuaete
Pram
M. Shaw, because it wee not everybody that wee
enough to get a widow of 14 years' asperienms, end airmen
up daughter into the bargain. On the one hand they bed the
unfortunate merchant tailor, who was completely =dor the
control of a rampant mother-in-law, and had sir or man
children ; on the other MTS. Shaw, a widow of many years'
standing—and it was said that widows got uncommon keen
as they grew in years. ifs contended that in such a case the
plaintiff had lost nothing, and that very small damages would
ruffles.
The jury returned a verdict for plaintiff—damages 2W.