The Express.
London, England, 1856-11-29 00:00:00

THE EXPRESS, SATURDAY EVENING, NOVEMBER 29, 1856.

punishment, and which would probably meet the
justice of the cue.
Mr. Baron•Aldenos, in ramming up, said that although
the jury bad 1 point, to sounder, most certainly the
subject of another indictment for robbery upon the same
facts was rot one of them, and he was surprised that
each a charge should have been made, as it was perfectly
ekes that the chews were identical, sad that the person
oho dote tk• fish must have committed the murder. The
*milieu the jury bad to sousider woe whether the primer
mos that person. The Isassed judge them Weil esplabod
le Ohs 11_117 the law in redessome to cabin soma if nudes
est said tut if say one la the assess of es adept to eon.
mit a robbery or felony of say demelpeiem, made see of vio-
Mee towards smother which caused Ids destb, in the eye of
the law of Ragland, and he said he *ought he might she
say in the opinion of every reuoasbb maa, that man was
guilty of wilful murder. If, therefore, they should
be of opinion that the object of the prisoner welt
to rob the shop of Mr. Berry, and that in the
source of that design he assaulted the decomede
and thereby canted hes death, he was guilty of
end it would be their duty to fled them guilty TM
offence, ted:the only questions, as it appeared to him, fee
their consideration were, whether the prisoner was proved
to be the man who awaited the deceased, and if so, whether
the injuries he inflicted were the canoe of his death. The
leaned judge then went carefully through the evidence,
and said that the jury would neglect their duty if they gave
effect to any absurd or unreasonable doubts, and that the de-
edam they came to should be one likely to be excited is the
minds of reasonable and sensible men upon the facts laid
before them.
The jury left the court at half-past three o'clock to deli-
berate, and upon their return at a few minutes before four
they gave a verdict of Guilty.
The prisoner appeared perfectly unconcerned when the
verdict was pronounced ; and when he was asked in the
usual bees whether he bad anything to urge why matinee
if his. should not be paned upon him, he replied, In s
I coveter test, to Mr. Btreight, the deputy oink of amigos,
No, I have nothing to say, sir."
Mr. Harker then made the proclamation for silence, in
hie anal theoremic, manner.
Barns Alderson, having pat so the bleck cap, addressed
the prisoner, and said he bad been convisted of the IlflMl 01
wilful murder, committed undercireametanees of very great
togravation,and, as too frequently happened, is the conned
the eommission of another crime whieb he had probably me-
ditated for a considerable time. That he and them
wished men who were watching outside, intended
to plunder Mr. Berry of the whole of his peeperty Ode
could ad be the slightest doubt, and they W probably
eelected him as the oldest, or possibly foe some ether roans,
to commit the ad, and they ware cowardly enough to look
on while the deed of violence was being perpetrated, ea-
rzinto receive a share of the fruits of his audacity. Re
hat he had beet before convicted of felony and un-
Mooed to transportation, bet be was brought back by the
mercy of the crown under what wee called a ticket of-leates,
and the recompense be made for that menage was to room-
dead a career of crime, of the emeseqneaces of whisk
he bad already received so dreadful en sample. emir
a proseeding was well alealatad to raise a doubt who. 1
their such mercy was; wisely *deeded In any .net,,
bat most *mainly it bad not bees ia hie,_for it had wig
brought him back to the mateogolis to amide him to eon-
mit a greater mime than the one Si wig& be had already
been eoavieted. The leassedspriatfoomoomity atherted
the prisoner to sonsidor the is whialli kat stood by
the verdict of the jury, list the mug of the
mows would allow him OPIND limo Sc, rsommtmoo. sod if
he repeated sincerely, be milk ho might dal hero he plO:
des from the Almighty God Mor ell pieces' Woo Mass
coope.mmitted. Is this world, he mile be could :gin Ides lee
h The moms would. peeleiby. leave Ms Isle best
sad he did set think there wee the AWNS dime of
maw bele. eileaded one him, sad he ibeeseses meeelly
=haft' him to semen for the his whisk lembelly
swelled hies. Iblerieldp concluded Ir Delft sentence
of dm* be the newel he..
The primer did set betray the least ensiles during the
addsms of the 101111111 g judge, and at Its sodden he bowed
respostisily to the seer% toned round, sod walked away
from the hay wefts Senn seep.
Mr. Bolide thee meld to the mum to order a reward
to be paid to dm whams., Wipe end Allen for their cos-
deist I. the tiemestee. Be said that in oonsquea of
'AAP WWI meepelled to attend to give his evidence es
may essudem Mims the magistrate and the ecwaser, he
had led hie ellestimo. WI was new out of employseet.
Beres Aldeeses said be was very sorry to hear it,
' and if the Tiosensadaties of a judge could get him a
better one, he dasabil sertainly have it. He then addressed
Ned sail that he end the public were much indebted
khf~imhe the susemp kshaisispisyss causing the ap-
prehend= et the Onus. sad tee observed that if every
ems mew to men himself to dated mime and Wag
Abram is is in the soma emeasr, it would have the
most besell affect. He ahead not be content with more
*sake bat should direct that a reward of 201. be pod to
him, and he wished at the same time that there was SSW
book keel by the dart is whisk the man ef witnesses
who he esedeetsd themselves se be led, meld be seemed
sod reseeded. lgla lordship thee adhered Whs. sod slid
Om he bed also behaved very well, and was entitled to a
ussisrii, bet it wool& not be so large is amount u that given
te Ledge because he had not lost hb situation. Ile then
goys diseetions that he should receive 101. ia addition to his
.gone,

NEW COURT.
The Cosmos &rhea' sat dudes the day it this tout,
and disposed oft few trifling mese.
Octavio 'Liar, who last maim pleaded guilty Mattering
forged acceptance*, WU brevets up fee sentesee.
The prisoner, it will be remembered, was a eon merchant,
near Newmarket.
He was eentemed to 18 months' imprimantast.
Charier, Lister was alto brought ap sad sestmeed to 16
mouths' impriemmunt.

THIRD COURT.
117011 L 1172,11110117. 0.0.

Jobs Devey Rymer, data m hi • ansizrrenders.
an take his trial upon iadiotment, him with
buts( assaulted and without a warrant false y imprisooed
for aims tours Mr. Slack Davie. There wee another indict-
mug hi • coma= assault.
Thu defendant pleaded slot guilty, and dude' the pro-
oloiMe was allowed to remain seated behind his counsel.
DoWeis sod Mr. Ribtou appeared for the prosecu-
tion, sad Mr. Bingham Daley and Kr. Gent were for the
ashodank
Mr. Bodkin, in stating the ems to the jury, said that it
MOON, Oda very singular bat at the same time serious di-
The risteadast bad maimed the sister of the
ella▪
tkomen who appeared u the prosecutor of this indict-
ment. Ile (Mr. Black Davis) wee • solicitor of high
osepectability, sod one of the trustees under the will
of
the
_property left to his met ea and her chil-
i/en. The defendaut had slam his marriage been •
motional source of trouble to the preseentor and other
members of the family, who from time to time had assisted
him, for the sake of his wife, through his difficulties, and
proseeutor, Mr. Davis, had himself foregone part of kis
hem claim to afford that relief. The result of this wee that
the means of Mrs. Davis, the proweatoir's mother. hams
mush straitened, and to incluse her Iseeme the promos.
haditmshoisally speakisi departed from the terms ider
WWIe end sold out stook 'ousted in the hank for the per
pen se obtainion more interest for his mother. Under the
YIN the defendast's wife was entitled to • share. The pro.
pmty, which had bum so sold, though sot done strictly
fe accordasses with See purlieus of the will,
had been done by a emend family arrange•
meat to relieve those difikultiee which the defendant's
emeduct bad been, to a great 'shut, the cause of. It was
tan doing this—that wee clearly not an sot for which Mr.
Devi' scald be given in sustody—that the defeadent
had malielosely caused the prosecutor to be locked up all
eight in the toiler' stolen, end after being take. twice
lidme a magistrate, defendant said he had so complaint
to make, and Mr. Davis was discharged. Mr. Davis had
take. these p.u..ectioga to clear himself from the impute-
tires sae-aided account of these preceisp, which got
late the peps re, cut outs hits, end which tended to seri.
estsly injure bits is hte professional capacity.
Mr. Prendergast, at the coulosioa of the learned coun-
sel's speech, asked if this was not a case in which some
arrasgemeat might be sous to
Mr. Bingham Daley said not miler the defendant pleaded
guilty, which he should not advise.
Mr. Prendergast again suggested an arrangement, as he
thought the ease sot us that ought to have been brought
here.
Mr. Daley having again expressed a wish that the ease
should be tried,
Mr. &Iron, who warmly aon'ended that his client had
beau deeply Wined (after some remarks from the bench),

Called tie Proiscatos,-
Ntr. Slack Dula, who sad—l ea a solieiter, carrying on
babas is Indian-row ;my private tannin ts No. 3,
Cesadeantrace, Camden Town. lam matte to tie will of
my ritoner's father. The °signal moan, was 8.9751. in
Console, end 6,0001. Redseed Ananias. When I become
meta, in cajeaction with my brother, Mr. Wood
Davis, is the year 1850, that amount bad been
dietitian about 50111., through the misconduct of
the previous trustees. The prisoner's wits had
an Interest, after the life of say mother, to a siath-put of
the two funds. The witness then 'splashed the einem-
stance of the diminution in the entire amount which took
plus before his aeapt►oce of the trusteeship, and then
added—The defendant came, about eleven at night, to
my private residence at Camden•town. lan elways
to be met with at home, or in Bsdford•row, at my yhce
of business. I ►d some friends at say house that night,
and the prisoner knew it. I wee about sitting down
with the company, when I was informed that some one
wanted to sea me. I signaled them to mend up their name,
which was not done; and, hearing some contain, I went
out, and saw two pollee anstables. My solicitor was
with me; prisoner women the doorstey, and he smoke to him.
The constable then said, "Are you Mr. Mad Donis?" and
added, "I have ease to take you Into custody upon ethane
of gabs snag funds." I was allowed to pet on lay coat, but
was hurried to the Kentish-tows station, where I saw the
prisoner, who said—" I charge Mr. Slack Davis with frau.
dalealy *cling oat or lemoring" (I canoe ear which)
the slate part of 6,9751. in Consols and 5,0001. Reduced
Lanuitia." Upon that he signed the niece-stint, asd I
Imes locked up all night, the inspector teasing_ bail. The
mat morning I was taken to the Ilaylebone Poba•eeurt,
Where the prisoner stated that his reason for giving me is
hasise.dviagitonhetcheastanirlh.t rfulsetraat hisetraitenreenaddielidlewdastbastite
t
as
sides*, If any, bad bees committed wine the stork was
mold, and referred the ease to the Manion-house. The de.

fondant there repeated the charge. I was then let oat upon
my owe bell, to appear upon the Monday, this beteg Satur-
day, whoa the defendant said he could not prefer a charge,
sad the complaint was dismissed.
Cross-ezeteined by Mr. Ratty—My mother married its
1822. The money left to her was one third of 40,0001. for
herself end her husband, slid the remainder to her children.
The trusties were named Boughton and Eltrettoo, who had
the power to appoint. In 1842 the traitors were changed,
sad the trust fell into the heads of Ise. Robertson and Juan
Slag/eve Snell. I war an articled clerk to Robertson. lam
aware that Mr. Wood, my mother'. father, left 2,6001.
lam not trustee to that. lam aware It has ban reduced to
1,0001. It did stand in my name. I will slower any-
thing ; my only object la to clear up my character. I
believe it war oats transferred into Mr. Robertson's same,
bat that was when I was a lai in the I am, with
my brother, tratee ander the defendant's wife's marriage
settitonent. A portion of that money is invested fa the
name of my brother es traits*, end not Mrs. Rymer's.
The witossa, in farther crces-ezamination, which elicited
a great essay interruptions from the hearth, stated that a
great portion of this money was invested in long leaseholds,
which paid a greater per cents's than it would if continued
invested as the trust directed. The sum so Jousted was
done under the sanction of the prosecutor's mother, who I.
now between 60 and 70 years of age. Neither Mr. Rymer
nor his wife knew of this disposal of the property. It would
descend to Mr. Rymer's children at his death.
Mr. Prendergast said that it was evident there had
been a breach of the utast, bat the mitts, war not one that
should have come there The question war one for a civil
action.

Mr. Daley said as action was pending.
The prosecutor said, in answer to the court, that put of
the money had been lest for building, but that y pre-
caution had bees taken to ensure the safety of the invest-
ment. The most was freehold, and the leaseholds were for
200 lean.
Re-examined by Mr. Ribton—The defendant ran away
with my sister. Re came into the family in 1843. Debts
for him to the amount of 8001., all money, have been dis-
posed of by the fall consent of the family, incept the de-
fendant. The debts were paid to the injury of the general
fend.
Mr. Prendergut—And to the irjary sad greater lose of
the wife.
Witness—Mrs. Duis paid his debts until she got into diffi-
culties, and then the funds were dispwed of. He considered
the property all solvent, and his mother and all the rest of
the family totted no fault with what had been done.
The only other 'vides*. was that of the police, to esta-
blish the feet of defendant giving the prosecutor in chugs.
A long discussion then arose, Mr. Prendergast ruling that
a verdiet of guilty maid not follow upon the 'videos The
police inspector made • mistake. Defendant stated the
naters of his charge, which was true; but the inspector
ought not to have taken prosecutor into custody, as the
effaces was not yet a felony.
Mr. Ribtoa bud such a ruling we. most dangerous, sad,
If allowed, so one would be safe or have say remedy if
falsely imprisoned.
Mr. Daley then addressed the jury.
Mr. Prendergast, la summing up, told them there were
no legal grenade.. which they could convict the defendant
The majority of the jery espressing • determination not
to acquit, were locked up for some time, and then directed
to again come into court, and upon Its being found they did
not agree, Mr. Prendergast disobliged them without their
coming to • decision.

price of which he was told would be 3.51., and
this amount he agreed to pay down in cash
wbra the dregs was finished. I. a day or two afterwards
the prisoner called again, and gave his address, No 15,
Westbourne•terrass road, and said he would come there to
dress for the bell. On the evening of the tad instant the
prisoner came to the warehouse, and was allowed to dress
there. While dressing the prisoner said, " I supple', old
fellow, you would like your money now?" ;Ile replied he
should, upon which the prisoner handed him a cheque for
861., drawn is William Btophel, 52, Cheapslde. He Old
the prisoner the okeque was of no use to him, the transaction
IMing a ready money one. The prisoner replied he bed only
just come to town and had not had time to go to his banker's,
lout if witness would present the cheque the next day It
would be foand all right, and his bankers would tell him he
had plenty of cash there. Believing the prisoner's repre-
sentation, he took the cheque, and, in,addition to:the dross,
he allowed the prisoner to take away a sword worth 41. The
prisoner having completed his toilet to his satisfaction went
away, leaving his clothes behind. The following morning
witness seat the cheque to Mr. Stophel, and it was returned
marked "No affects." He then put the matter in the hands
of the pollee.

?Menton said from information he re-
ceived he was enabled to apprehend the prisoner the previous
night In the Haynisrket, and on telling him the charge and
stating that he intended to take him to Marlborouglcstreat
polite met the next morning, the prisoner replied, "If I
as phis there then It is all up with we." The prisoner
woe taken to the station-house and searched, and in his po-
mmel. was found a cheque for 61. drawn on J. Murray,
1124., 13, John-street, Adelphi, and signed Herbert Edger
RIM bridge, in the same handwriting ea the cheque given to
Mr. Nathan. _ _ . .

Mr. Bingham remanded the prisoner for a week.
It is alleged that thirty or forty cues of obtaining goods
from tradesmen, principally jswellen, tailors, and hotel
ksepen, an known.