The Express.
London, England, 1860-10-05 00:00:00

THE ROAD MURDER.

DISCHARGE 0! :rat yIIBEIL

at
Yeetertl;iihT inquiry before the magistrates
Tmwleidge woe resumed and concluded. Agaia. the court
was arowiled. sad the peatest interest was evinced to the
probable &visite of the magistrates. Wu John Awdryagam
presided, cod the legal gentlemen who bad prerioullY
ettended were abo present.
Mr. Ilibton said he supposed he might pr.mume that the
inapstritos had not arrived at a conclusion in the matter.
stir "cede,- We should sot ts• is a poeition to come to
a tondo:non, excepting on. favourable to your client, with-
out heariug yon previously.
Mrs Italliniore re-called be Mr. Saunders, said—On the
'lth ofJuly the prisoner was et my Louse. I Ilea had a
one...trate% with her •ql the •nhject of Milks Collation:es
=mini nightgown. She wee sleeping with me &aim the
time she was at TrooT.Tidge. She was dun oder my
surer:Rano, and care. She was allowed to go in and out as
she phased. I asked her if there war not a nightgown
uli.siug. mid she said " Yes." I said, " Whose is it r
and stir said, " Miss Constance's. Depend upon it that
that iiiditgown will leash to the discovesy of the murder."
I sail. "What doyou think of MiseConetance doing it" She
soil. •• I runt 'so anything about it. I saw the nightgown
put in the blanket."
l'r. ssei.imined— I remember her speaking to me
.1. put ie. I mentioned it to Mr. Slack. Thia wee about a
wee., ~:ier the murder had bees committed. I find now
th.it the inizlitgown was mend on the Tuesday after the
US • r,! 7 I did sot know it then. The none told me. My
buTistel come in mid we re-commeaced the conservation,
sod .I,e again said she saw the night-dreas put in the
lestet hasband heard her my so as well as myself.
It ea. in the evening that she said this. She had Ma been
ro th, house long. It was Mat before she went to bed. My
bad not been in before this cooversatioe. It was
the prtmeer who told me fleet that the nightgown was mis-
sing My husband told me the moment he came in about
the Tu.:Lumen. He said, " Then you saw the nightgown
ruts stl.t.:tit-'eNbal.., klest;tllpuhle:e, asnot‘trieikroC4sayn !aksruti'tlemtal'stoe
enough of my own to contend with, and thee elle went to
tart. I am sure my husband said, " You saw the
tiagtiqpren put into the basket?" We had no
forth., ooneersation, and else made ao armor. This
toot I.i.Ke in my own kitchen no one else was present. I
stayed up a few minutes after that. That gentle-
man Moo of the local reporters, who stood up at Mr.
Ribbon's request) warn not there, as 1 saw. I did not hear
the men me, a. that gentleman says, that "they bad gotout
all but six inches of the water in the closet, maid hied felt
carefully over the huttom with their bands, sad had found
Dothio,- as yet." They dot not say so in me hearing. (lough
was in the kitchen before the men came in. The primmer did red
say, " Then you will not nod anything now. She only said,
" Then, you won't." I will swear that these piestions and
enrre.re were not given In my hearin` I did not see either
of tip, turn's facie; there may have been two come in with
out or seeing them. 1.1.1 not swear that there was only
1,10. sun there. I saw the man's face and part of his
out.

then, did you tell me that you did
sot se,• his tie,

1V t,uw- I did Dot .ay so.
•ha .I.wdry read Iron him notes and showed that
hwal said so.

Mr %Owen—Thew, it was a positive untruth when you
said you did not see his We!
Wizcess— No it was not.
Re.easunined by Mr. Satuiders—l did not see his whole
fart., but part. I did not recognise him, but as the nurse.
maul said it was Mr. lo'rither, I thought it was him. From
Leann Mr. Fricker's name mentioned, I concluded he was

Pubie-eonstable William Dallimort WAS called by Mr.
Saunders, and said—l em .me of the Wiltahire constabulary.
to the ith of July prisouer sra..a my house.
By the Bench --Mb. WAS not there to any degree ender m-
aims:. She was not there as a prisoner.
By Captain Mendith—Tbe first week the prisoner woe
wader .study she menial weak. She was merely allowed
to nimaia them of her own c hoax.

on the 7th of July I
saw tut wile there and Elisabeth Gough. They wove talking
when Ima in. They were speaking about Mass COINi&DI
night deem ket. The nurse said the nightgown
eitwalim wise lust. She thought it must have been lost, in
the wAels. My wile said, Did you see the sight.
dress put into the basket '^ and she Yee."
I mad. " Num thee you saw the sight.drees
put into the traelet?" and she said " Oh, Dia I did
not." 1 saal, " But you have jast said so." She said.
•• fib no. I did ant." bike agaie repeated that she did not
say it. There was no saute mid about it at that Sew I
had 00 .tan.® to go out, awl I left them.
I esainined-- I do not reconect may more oomeareatioa
shout it thee. I west out mid left them mated ta the
kitchen. I left foe shoat tea nuautes, sod they ware then
mewl-Ds to go to hod. My wile and prisoner 440 r.
They a roadie with tlogri ; one candle was Wttettee.
ha the Suturtlay night after the murder, I know that two
wen' saus.hrag the closet. I did not see them so into
it., kitchen. My wife slept with primmest lest she should
go away ID the ought.
By sir John Aw.try—l nm told there was an arrangement
amide with the concurrence of the prisoner's father for este-
keeping, under surveillance. This was the second week ;
the at it week the prisoner woe le :wisely.
This was the whole of the evidence.

Air John Asedry then asked Mr. Maunders what commit•
meet he asked for. It was not nay to commit is •
pnacipal or aecessay definitely. but is this came it would be
desirable not to vermin: for the heavier °deem if the
lijiter only wsa ultimately intended to be prosecuted.
In reply to Mr. :taunt...is.
Su John Awdry resumed —ls regard to the person who,
Is order as it may be to make aseursace doubly aura, cut
the throat, the person who did so might be merely
accessory. It might be taunter in the one party and not in
the other, as if toe asetuription that the throat was cut ma •
aryl that the smothering was accidental or sot with
the latent to kill, he correct, the penes might only be aid.
lag abettiag • manslaughter.
Mr. risiu.oiters stud that the mum win proposed to be
charged either as a principal of the first degree or as an
',memory before the fact, hut in what way the praseatment
might be made to the grau.l jury it war impo ibte to my.
r. itibton then rose to reply. He sud they bad not
sow to consickr who wait the tend in human shape who
pmmtirstell the dire deed, but whether they had any
evidence before them to warrant them in sendiog the
unitised for trial. Mr. Saanden had I. his opening
gum into the case with an elaboration which they ha,l
sneer heard eiiiialleil in a criminal case, aryl had anipli6ed
tun tine or two points; which had no immediate bearing
inn the in's.. r instance, he had • doubt as to what
time tie nuirihr had beenrommittal,and whetherthe wound
was iolictol after death, or when the child was still alive.
All these metti.ra hail received full hearing in this inquiry.
tin agitu with regard to toe queation of the dog not barking,
for it was proved beyond ill locution that the dog was en•
closed to the mod, and that a person could have got from
the anteing-room to the closet without passing through the
yard at all.
Sir John Awdry—Any one could have got from the front
door to the closet also without going through the yard—
that is, if you regard the window being opened merely as •
blind.

Sanaders bad most illogically = to the la=
sykginin that if it were dose
mum have bees one. It 'told seem es veillerri gime beck to
the dark ages when judges were aSaLd sad Minium bribed.
The lammed *same& then proemial te ereellinit the 0001111
which the inquiries had takes, easMrislitimes wes •
far psalm body of inkhorn to lElee Classissms
bent—wham the magistrates bad end jmily, be
met ay, diechargen—tbea shun we wing the pow 04
Ware The ioquirise possed by Yr. Mak resortied
in every respect the tortures of the :sok of the Model-
tics, except that is the one on.. evidence was ex-
torted by mental and in the other by ri cow-
cion. Mr. Kant had been representeda proles
sional gentleman at ell these inquiries, tbe poor
girl before them had been even left in utter imeoranos of
their being conducted at all. Disl the solicitor of Yr. Hest,
who was present, do all in his power to facilitate the in-
quiries ? -They had it in evidence that he had salted some
questions, and prevented others being asked. With reference
to the pour child's murder, be would not attribute crimi-
nality or guilt to Mr. Kent, bat Mr. Kent's solicitor bad
prevented • little child being examined who slept in the oars
room with Mr. Kent.

Mr. iitiar7iierTeexPlained that the child had been asked
three cieentioue—one, how often she went to am*;
another, what age she was ; and the third, how to spell her
name. yawing answered all these incorrectly, he thought
the mispetrates would Deer kiln out in saying that she was
not fit to give valvular,
Mr. Ribtos rimmed freioor girl had Dot bees
examined by Mr. Meek. lasenshteneles are stated to mist
in her evidence. When she west away she Idb bet address,
and had given at all time@ every intensifies is her power.
She bad remained with Mr. Kent two months slier the
murder, hail not then left of her own free will, and bed
expressed her willingness at any hour to come forward for
further examination. He appealed to the justices nitre
mod her for trial ; the eyes of the whole world wow you
them, sod if they debberately stated that demean •
facie case against I.er, for the rest of her life she be
branded with infamy, even though acquitted at time trial,
previous to which el.e would endure six moues* i
merit. The le“ rned gentleman then at grestll=
adverted to the three points which had ism linsight
forward against her., First, the Tarim breseldesess
with regent to her knowledge of the remand el the
blanket before the child was brought in. Even if them Mir
crepandes did exist, which was very uncertain, be ormiseded
it was nothing but what might be attributed to the agita-
tion of the moment, and nothing more. With regard to the
flannel, the evidence as to its fitting the prisoner, and DOOM
else in the house, were it evens material point, vas wholly
dependeet onthe testimony of that wretched woman
whose proved falsehoods he denounced in the
strongest terms. With regard hto the only other
point, that the prisoner could not have seen the
boy's cot from the bed, be contended that her word " kneel-
ing " should not be so arbitrarily and strictly interpreted
she had once said "got up in the bed," which might imply
much more than the kneeling as tried by Mr. Wolfe, who
WWI a tall man, and unaccustomed, as the nurse was, to the
exact position of the cot and its contents. The evidence
had been quite as hard against Miss Constance and Mr.
Kent himself as against the prisoner, and he appealed
to the magistrates most earnestly net to subject her
to a trial on the paltry ease of anspiciou, which,
after all their endeavours, they had been only
able to wring in thee days of close examination from
twenty-four witnesses. She bad acted naturally through-
out, and there was no foundation whatever for &case against
her. The learned gentleman concluded his speech of two-
and-a-quarter hours' duration with a most pathetic appeal.
The court then adjourned for half an hour, to admit of
the magistrates considering their decision.
Oe the magistrates returning into court the intensest inte-
rest was apprmt. The prissier shook violently, and be-
came deadly pale, which, indeed, she had been throughout
the day. AM present were deeply affected, and the bar-
risters and solicitor, could not conceal their emotion.

prisone here Sir Jrohn Awdry—ls there any friend or relation of the
?
Mr. Ribton—Yes, Sir John, her two urclee are present.
A pause ensued while the professional gentlemen were re-
suming their places.
Sir ohn Awdry-1 will not keep the poor girl in suspense
a minute longer than necessary, but inform her at once that
we have determined on not committing her for triaL (Ap-
plause, which was speedily suppressed.) At the same time
I cannot close with that declaration. Observations have
been made referring strongly to the manner in which this
inquiry has come before us ; and I wish to may that I do not
see the slightest misc.,thluct on the part of Mr. Slack, or
any one coneervisl, ia the manner in which the inquiry has
been conducts'.

Mr. Ribton I wish to my that, as far as Mr. Slack pis
weeny is concerned, I never intended to make any offal•
ire or annoying expremion whatever.
Stir John A wilry—We feel we shall not be justified in
committing the prisoner on this evidence, especially as rll
our previous inquiries have agreed in this, that there is r of
the slightest imputation araiest kie^ previous character;
indeed, this is true to a wonderful extent, omisider;ng how
were have been the criticism to which she has been v.-
peed in all quarters. She appears from the first to have
betrayed neither over indifference in the master nor sullen
gilvrce, as is frequently the case with primmer' char. I
with grave offences. I a. not my there is not material even
now which may hereafter, with other additioaa, be acted
upon in reference to the promise ; and we have therefore
decided to bind her over in sureties, either one or two, in a
moderate sum. ry 100 f., to appear when called on.
The depositions were afterwards read over to the family
of Mr. and Yrs. %eat and witness, and the inquiry ter-
minated.

Sir Ribton—Mr. asunder% had entirely failed in his
ath.mpt to show the improlability of any one being secreted
in the hums. There were unoccupied moms and bedrooms
in the house in which ear one might have been concealed
the whole or pert of Frain,. The inspector's evidence war
nestle valueless, as he could sot eves tell whether there
was di cupboard in &eyed the roma into whisdi he looked or
sot. He would endeavour to show that it was within the
bornads of possibility that the murder was corn.
nutted by a stranger. Had not tr. Kett yester-
day sad that a servant had left vowing reegennee
cm het and on the children? The chairman had stated that
that smatter had been examined and cleared up ; but were
there not other persons with whom lir. Kent was by no
mesas peptise! His duties woold muse him to be un-
popular with many. The poor girl before them had said
it was. Jealousy, it. was revenge, sad tidings of some sada di3-
ute.nteut might h ~o readied her sue. It might he said
that it was not probable that the revenge world be taken
mur•lernag the child ; hut it does sot follow that murder
was intended in the ant indoor, at a. The motive might
have l.ren to sled the child from Mr. Kent's hoes, ; and
this would se:scar to have mine seminal front the feet that
the rh was wrapped in a biaakeL The piece of !kneel
wont t I,,ve stifled the cries, Put well as the blanket ; but if
the t was to murder, why wrap it op In a Market'
ni,411. have hoe. found that the stifling had been carried
too far, sod that the child was taken to the closet and its
theist cut. Weald es, the inmates have known the
nature of the closet, and not have left the
child lying on the s:dashboanl ? If this had been
dole by Oft of the itiv..tes of the house, their clothes
must have been stained with blood. How did the murderer
getaway! Were there any footmarks' It was stated by
the pMsotier tuat she saw marks of two men's feet as the
zzt,and loer evideoce im this point had been maimed
,„.Kent, who had -deco her evidence is a highly me.
&tom. imumilr. 'The evi.leoce of the prisoner taken at the
ismiset was here formally pet in amt read.) tined the
boys also hart told them that he had the let ht before made
tracks in the tall gram, and the roan:terve, to pities away,
would see sod follow in his course. Owe of the witnea...a
had said there wile no dew ,11 the gram that monis. ; but
it war imposaiii:e to believe that of • Jose 11111.11ig, and
no examination bed bees mete of the hurts el may of the
uim.ites. which must have been damp if they mmentillasd
the deed. Mr. flanaders had opened by saying Net W
drawing-rum abutters odd not have bees regime in the
peetios in which they were found by my es, inn the
outside. This was perfectly ludicrous Ileary pestle-
ova present knew to the contrary, mad the eviler" et the
housemaid and Cos donde proved it practicable. Illitherith
stasellue Mr. W, INN pft.te.tatitiss to the °mum, I would
not dare to alarm that the flaunter was perpotaniedvamit•
dr-eller, bat only to show that the hypeitheds
Another speculation of Mr. Saunders wisa that it teak, set
be .kale by me pence. But wee iroyeadthe fora dross
nun to take a child of four years in his arms mad take it out
of the aug, "ail take it nut .1 the room. withont distorbieg
the sum, who Ina is bee ant inun,l yd heavy sleep, whe
had been op early with the sweeps, he scnibbeil out the
nursery, wed bad again been up Late et night ; then have
crept downstairs and oat of the &swim-room
wind iw, without disturbing the deep sleep of the
wearied girl Haring kid down the proposition
that it coold sot have bees dose by ow polo% Mr.

,~-,~.,

TUX EXPRESS. FRIDAY EVENING, OCTOBER 5, 1860.

&firma
Wipe imitibiel mew het. lonise Imeiietella—.
dee Wit "Thrieheed amt INA" I 141 'haat 11
erica.
Hannah Denton proved that o the day of the sale a num
(Priestly) showed her some whits powder on a loom tar if
a gide. lam positive it do not call-ash. It woo art le
the bar, aid required scraping off.
ln widows rsapectiog the resiovel of the
Mr. Farnantim, solicitor, was celled, and sad _rxm
at far the executor of the leeelesel
ley., whe irrK
Mr. of Paddies, awe Dere_ hte Mgr
des Igl took passed= et the We Mae Aderroefe beau
The
_eahit the hoses ea the 20Ih ot Aso* earl au
the nth et Wear cam* she removed her Imes ; tlkey
orehaudi wakes bat to her.
The grimier soooaritut tow:eb feraCeineLdeleperlich ale
had expended the 501. ads. Mot limed esuchere tee
LW. ea, sad deducted Mt foe wages. ere claimed a Ice
dra&thy Mr. Wheelhouse—Letters of adminis-
tration have Wes takes out to the property of the de-
emed I wait Me the be.. with Mr. Cartwright, the
limadkird. I baws ismot the Bd. Mr. Adamson several times.
Thee peelbrama took peered= of the premise/ on the 20th
of Amid. flied beer la the home before that once or
twice. I bad told land &ringer to leave the promises. I
found her there oa the 101 It.
This wee the wide of the evidence given to-day.
After the oloh of our Fermi yesterday Mr. Nun-
naloy's examine was proomded with. He &Wild the
various stops he had taken in the analysiMiun of the values
of the deceased, and stated most positively that he War,
covered arsenic sufficient to account for death. The amp.
tools which usually attended poisoning by arsenic did ad
ossniird themselves in all mem
Mr. Wheelhouse craerisamined the witness at consider-
able Mgth, bet failed in shaking his testimony in the
slightest degree. Mr. Nunneley stated that he was of
opinion that Palmer had been improperly hanged, sad that
in his belief no strychnine whatever was discovered in the
bodies of the parsons he was supposed to have poisoned.
At the conclusion of the evidence, the learned anima
having addressed the bench, the prisoner was committed for
trial.

COURT. OF COMMON COUNCIL.

A Court of Common Council was held yesterday
in the Council Climber, GaildhalL
The Right Hon. the LORD MA7OB took the chair. The
newly appointed sheriffs. Mr. Alderman Abbias and
Andrew Lusk, Esq., attended for the first time in their
almal gapasit , and upon the motion of Mr. peputy Her-
iby Mr. Fuller, it was carried unanimously that
rillgre,lisst be requested to take his seat on the bench with
tie sidikmen, and he accordingly did so.
Mr. Deputy Haaansom then moved that the sermon
preached by the Rev. Mr. Christmas, the Lord Mayor's
chaplain, upon the day of the election of Lord Mayor,
should be printed, and • copy presented to every member
of the court.

The motion was carried unanimously.
_THE HONE MI IN NANSINOTON.GANDINS,

The TowNCi.zar announced that he had received aletter
from the vestry clerk of Marylebone parish upon the sub-
lact of the new home ride in Kensingtonlardens. (A
laugh.) The communication contained • resolution that
had been come to by the vestry, that the gardens should be
restored as quickly as possible to their original stater and
requested that tins court should lend its co operatics to
effect that object. (Renewed laughter.)
Deputy OBBARD said he did not see what this court bad
to do with such a matter, and that they, in his opinion,
onOt mot to interfere.
,Nvervi members, amid a great deal of laughter, said they
thought the best course would be to move that the coca-
=munition be laid on the table. _ _

Deputy OBBLitD;id this coarse would not be ca
mid he proposed that the Town Clerk be merely requested
to acknowledge the receipt of the letter, and state that he
had laid it before the court, and a motion to that effect was
carnet

The Tovrit Cumin then read a letter from the Secretary
of the City of London Hospital for Disease' of the Cheat,
oontaising ► resolution of thanks for the donation of one
hundred guineas by the corporation in aid of the funds of
the hospital.

Dr. ABRAHAM then moved that it be referred to the
law, Parliamentary, and City Courts Committee to con-
id.,; the provisions of the Metropolis Gas Act, and to
report forthwith in what manner and to what ex-
tent they affect the interests of the gam consumers
of this City.
Mr. Pininta seconded the motion.

_ .

lOUS DIMENSIONS
GEORGE 3, Assr.

.__...-4-...
IN sr.

The inOtTo;;;;;--eaitiedunaonsly.
The Loan MAYOR announced that he had received a letter
from Mr. Alderman Cubitt, the Lord Mayor sleet, which he
proposed should be read to the court. It was as follows :

_
" Abcharch-lane, Sept. 29, 1860.
" Icy Lord Mayor,—l have the honour to return this
answer in writing to your lordship, signifying my consent
and agreement to take upon myself the ottce of Lordidayor,
to winch I have ibis day bean elected."
The lett v was ordered to be entered upon the minutes et
the row*.

Depot- .•AITD presented a petition signed by Kr.
Hicks, bur. Alderman Ross, Mr. Hopkinson, and other
ofileers of London Rif. Brigade, praying the court to
grant Mu- •• of the Guildhall for a balls aid of the funds
of the hr.: I, as shortly as possible after the 9th November
next. Ti. •.e. member, in proposing that the petition be
granted, to • was certain from the interest the court had
taken in i ifs movement that they would unanimously
grant then u..t that was made to them on the present
occasion. rifle volunteer were the rail Peace Society,
be they howod foreign nations that they were fully
prepared, and rho continental powers bad been very civil
since they ha.' heen established. (" Hear," and a laugh.)
He wu sure t., it the motion would be =runt without one
dissentient voi.e.

Yesterday diereses Jeseph Mews, a 'belt . •
was pined him the meristrate ei Os Elm= ,
ror•th:r e,Court, on reasibetw mower • wrifimme here n►
mutt on Mr. Wilber Gethe, of Cannon-aired-road, sexton
and verger of the with of St. George's-in-the-Ear, on
liaraday. thAsieslasned also for cresting • disinth-
Echurch under the recent ash
Ike t had been in the halt sr
the bunch for • long time put, and that lie wee
• disturber of the worship. On the Sunday ;
it gamest Mr. C chainedeed him go lag 10
per_. _ _le eta hi 10_ w
slufs)ooke
wife as m. Bs Swat
te ties Mambo% awl tsii his that he could as. is is, se
' Hs seat behnial M. klgi. The defendant mid bid
right to go b. mil Cooke on one ride '
cer ribbed to Ite.the senior chureltmebni.,.
rho regeseled te withdrew,.
lie refused to de se, see
Wee tho is
bins that he would be rissor4
Ss iairiasi mooched down the aisle, and with kis weWieo
P ears
imam albs a wt etimia ldeked up the
is doe am& elbowed
contact with the sibs 'H
teas. r= skirl that he was interrupted by the
ddeaiafs to slap the service during the time be
was rift bin snit from the church.
This INS Wm charge which the defendant was to-day called
upon torah
Mr. Monism app esel as before for the prosecution. Mr.
°cam was ler Ss elelsot, and urged that there had
be a proisismiesesa to erred him that evening; that
be esseblewisi M Ifflrir, No. 10, by Mr. Thompson, and
that he lee th into the wrong aide ; and that numerously
violist/se me mod towards him. If there was any dig-
turbias wesentirely owing to the forcible manner in which
Mr. aid Mr. 'Thompson acted towards the defendant.
W Fowles said that he wee on ;the church steps on
the night of Sunday, the 23rd, when Mr. Churchwarden
Thomism said, referring to Rowe, who was approaching,
" Henke ousee—we must have that man Rowe to-night,
at any pries." Rowe wort to a pew, and Cooke ordered him
out. Pis said that Mr. Thompson had appropriated him
that seek and he should not go. Afterwards. Thomp-
son mass and pulled him out forcibly, causing a great dis-
turber*, and compelling the minister to ruspendtheservioe.
In remezemination, witness said that he had worked
with tire iistrabee as a fete in the dodos.
Mr. Ben*, • yesterran of St. George's, and several
other witnesses, mute Noted to prove that Mr. Thompson
and Mr. Cootie gamed the disturbance, and that the de-
fendant was not to lime.
This was the are.
Mr. Belie, in giving judgment, rid this was the first case
which hod cores betel him under the recent ratute with
respect to twaselfsg `church. He had hoped that he might
never bye web a ease, but as it had arisen it was his duty
to deal with it. Before stating him judgment on the main
grounds alleged in connexion with the charte, he would
take the opportunity of saying &few words in reference to a
decision which had been given by his learned and excellent
friend, Mr. Elliott, who eat in that court emu two months
ago, and before whom the first cue under this statute was
brought for decision. He was very sorry to find that in
any quarter as impression should prevail that there was •
difference in any act of parliament, and especially in one
of this kind, between • gentleman who was held in such
high estimation as a lawyer and magistrate as
Mr. Elliott, and himself. If there had been that
difference of opinion, it would have afforded strong
ground that he (Mr. Sella) was mistaken, but he was
perfectly clear, and he had had opportunities of referring to
the previous came under the former statute of Mary, which
it fell to his lot to decide—he was quite clear that it was a
misapprehension that the least difference of opinion is to
the kw existed between Mr. Elliott and himself. It was
not unimportant to mention this, because in courts of
superior jurisdiction like that, differences of opinion
amongst judges who might sit there were very undesirable.
Mr. Elliott had a ease before him in which • person wee
charged with reedit* the in church in a noisy
and irreverent manner, and . Elliott decided that his
conduct was an interruption of the minister, and • Munk
of the act of parliament. He (Mr. Selfe) entirely as-
sented to every word of that judgment, nor had he ever
said anything which upon consideration could bear any
other interpretation. In that court, happily, they did not
have law reports, but he found in the newspapers of De-
cember • remarkably accurate report of a declaim
he laid down, that if any person went to • church to meets
a disturbance sod to drown the voices of the ch
that was • violation of the statute, which still remained
in force. He never said that it was lawful for any one to
say the responses et his pleasure, which amounted to en
interruption. He had refused to lay down the broad pro-
position which he was asked to do by counsel, that when •
minister, wisely or unwisely, decided that the responses
should he sung, any one saying them warn guilty of a viola-
tion of the statute, because some persons could not sing, and
were obliged to say the responses. He was in the habit
of going to Lincoln's-inn Chapel on Sunday afternoons.
There the minister, who could not intone, reed, and the
choir responded. Other person' said the responses, but these
was no disturbance of any kind. He only men-
'Cooed this because it was the first oppor-
tunity he had had for explaining that he wished
it to be clearly undastood that be did not differ
in any respect from Mr. Elliott, and that though he refused
to bay down the general proposition that nobody should say
the responses when the minister directed them to be sung,
the brawling of them or saying them irreverently was •
breech of the statute. In the present me be was called to
decide w bather tbe defendant had been guilty of • breach of
the recent act of parliament. It should be remembered that
this statute did not repeal the set el Mazy, but that it
left it untouched;—that act therefore remained is
force. The recent act was divided into two pine the
first having reference to violence in a church or churcl:yart,
and the second to disturbing the minister in the pelform-
mei of divine service. The gunmen* in this case was
taken out under the second heed. If this had been simply
• squabble about • particular seat, or a doubt as to the
meet to which the churchwarden had directed the defendant,
he should have taken a very different view of it from that
which he felt bound to take. It wee porible that Mr.
Thompson had told him to go to the side aisles, es stated
by one of the witnesses, and did not at the time expready
point out to him that it was to the south aisles be wished
him to go. But it was impossible to take that isolated set
of penisting to go into • seat which the person to wirers
was appropriated refused to allow him to eater—it was im-
pomade to take that act by itself, and he was bound to
look at the whole of the evidence. It bed been sworn to
by a witness who was not contradicted that the defendant
entered the house of God on that Sunday evening with an
oath on his lips—language more St for • brothel than for
decor society, much lens than for the house of God.
In the vestibule of that church, and therefore within
the terms of the act of parliament, he used language
which be did not like tarepeat, but about which he thought
that he ought not to be squeamish—" My God, I won't be
stopped from going into the church by those snotty fellows ;"
and then having forced his way into his rat proceeded to
bawl out the confession of his sins. Mr. Smith, the deaf
sideman, who knew his voice well, was attracted by the
noise, and had stated that the defendant wee bawhog out as
loud as he could. That was a wicked mockery of God's
commands—a solemn mockery to confer sin while shouting
out those solemn words to the annoyance of one's fellow-
worshippers. It was, moreover, beyond all doubt • distinct
breach of the set of parliament. Putting on one aide the
entrance to the met against the remonstrance of Mr.
fie,
the defendant's subsequent conduct was violentodat
indecent. and no man of common sense, who believed
the evidence' could doubt that it merited that
designation. The defendant appeared to think that
he was the victim of a conspiracy. If it were a eon-
seamy, clergymen, churchwardens, side' en, °Mask,
rind even stnugers, were parties to it. If that was so, be
was glad to find that they led all combined to voter the
sacredness of the church, which had been so fearfully dese-
crated. They would have the conviction of their own
minds that they had done their duty, and the approbation
of their ecclesiastical superiors. They would have not orly
the sympathy of ell good men, but certainly, as far as that
court could render it, they should have every assistance is
enforcing decency when a person had clearly offended
sgainst the law now in force. He was very clad that the
recent strata hnd been pared, for though it .11,1 not repeal
the statute of Mary, it supplied the male of procedure,
while it mitigated the penalties and rentleted one lee disin-
clined to pass a sentence ler severe than the statute of
Mazy rendered imperative. It wee, moreover, free from
all doubt as to whether that old statute applied to the ran-
ee* as by law established. All those doubts were now re-
moved. He wished to make one other observation, which,
however, bad perhaps better be left done. He had not
had any case sone December lid with respect to those
brawling* in the church. He did not repent of having on
that occasion carried mercy to the verge of clemency and
forbearance as he did. It was the find case brought before
the court, and it was brought under a statute the penalties
of which were very heavy. He thought that the people
then placed before him were honest in their intentions,
although they were mistaken in their views, and he
thought it better to explain to them the law in order to
induce them to refrain from strong expressions of opinion,
rather than for the first time put in force the severe penal-
ties of the Made. He knew that It had been matter et
animadversion that the court did not red the three decent
men then before it to rises, but lie must be allowed to
say, and he hoped he should never have warier to revert
to the subject, that theme enimsdveraions came with • very
bed • - from those who, when the court sent -- s fry

Depntyiii;i:drsaid he bad greet pleasure in seconding the
motion. The hall bad bees mad for charitable purposes for
the Poles, and' other foreigners, and last year it was used
for the same purpose by the licensed victualer's, sod he
was happy to say that it was the means of obtaining an
addition of 1001. to their fluids; and he hoped it would laid
toe similar result to the Bias Brigade.
The motion was then put and carried nuanhnonsly.
Deputy HAIIIIIION then brought up • report of the Coal.
Corn, and Finance Committee, which, among other things,
recommended that a grant of 1,0001. should be made from
the hinds of the corporation to the British and Foreign
School Society. The hon. member, in the course of • very
eloquent speech, urged the important beuellts derived by
the country from the labours of the society in the cause of
education, and said that • building was in the course
of erection at Stockwell, for the purpose of training young
women to act as schoolmistresses in this country and
abroad. The cost of this building would be 18,0001., and
7,0001. of that turn was still required to be rained, and he
said he was sure that the Corporation of London would
readily as in carrying out such an important work as the
ed.ication of the chalren of the poorer cheeses, of all reli-
gious sects and denomination, which was the object this
society bad in view ; and he concluded by im.ving that the
report be agreed to and carried out.
Mr. Cocerfteu mid he should not oppose the motion
altogether, but he considered the amount was too large,
and le moved that the sum of 5001. be given, instead of
1,0001.
Dr. ADRAZAM seconded the amendment. He thought
the corporation ought not to listen too varioatly to such au
application for 1,000!. to be taken out of the funds of the
corporation, particularly when they remembered that they
might very shortly be called upon to provide half-a-million
of mangy for one particular object.
Mr. H. L. TATUM said the only question was, whether
was sot too Lege a sum to give, and he, for one,
that it was. In point of (act, they were called
Lea.t.s.....Ardiscribe one-eighteenth pert of the entire east of
A.‘77cisis further discussion the amendment and the
2gnteelau were put to the court, and the former was
te be carried.
Tit emery then adjourned.

EXIONATION TROY LITERPOOL. The official re-
timasof the emigration from the Mersey for the quarter and
men* ending the 30th et September have just been am-
by the vverono of emigration officers, and from
it appears that during the past month 22 ships "ander
the act " were cleared by the government officers, beviag
on board 370 cabin and 4,964 steerage passengers-1,540
of whom were English, 216 Scotch, 2,891 Irish, and 307
foreigners, against in August 496 cabin and 5,906 steer-
age (being • falling off of upwards of 1,000), and 293
cabin, and 6,211 steerage in the conemonding period of
het year. The total emigration " under the act "
daring the quarter amounted to 17,331 some, of
whom 1,158 were cabin and 16,073 eteerege-
-4,885 English, 1,000 Scotch. 9,399 Irish, and 789 foreigners.
During the quarter 851 cabin and 13,346 steerage passengers
sailed " under the act" for the United States, against, in the
same period of 1859, 739 cabin and 12,428 steerage pas-
u increase of nearly 1,000. "Shari, ships'—not
sthe—a act—carried to the States 581 passengers grind
681 last month, and 727 in the oorrevonding period 011859.
The Canadian mail steamers carried to Montreal and
Quebec 760 mileage's, chilly cabin, against 697 last
ilibestb, and 540 in the corresponding period of 1859. The
total emigration for the quarter to Victoria and New Zee.
Mud amounted to 115 cabin and 2,754 steerage, spinet, la ,
las corresponding period of 1859, 175 cabin and 3,244
seemage. To New South Wales during the quarter only
sue ship conveyed emigrants-371 in number ; while in the
carrespunding quarter of 1859, 1,139 emigrante wens de-
spatched from Liverpool by the Colonial land and Emigre.
Moe Commissioners. There has been no emigration to the
Ceps of Good Hope or South Australia from the Mersey
during the quarter.
tAtivertiftementl—HoLLOWAY'S OINTIONIT AND
• FoniNglA—Naal Oft. mite sadwwesiowr.eae
etoi should sever ta any ace lln
chilly, Use soliest ovegasoe not be elolledot lb lair
will preface Nod wageoramale one. Wale so_diles
denim fylas oho sad ladflot N 111 e boob dle-
:fothanshi4lallelloweyn"nalibials esamotA
ever O.
the &Maar at
Oft lostoakum Ole. a
the day,
_uoi fioeldf=ll7lr.-'4llm.
be wee. sot te ateasa itablola
temperature. The elation* also wal anon Or direlbou bob
lie curative ower wet be spent 11 liellsoors pllb on be
takes Words& Hellowqrs an thew wmeru pct
every newel cemplitai

grace . fig
trial co aimilar charges, shandooed the pomeontima,persons
'Heifer, sad without taking a promise that the amen
should sot be eommitted again. However, all WA We*
now past He could have no doubt from the oeillimen
that the defeadent had been guilty of an armee WWI
which the clause in the act of parliament wee
directed; and the only doubt he had was as to the penalty
he should inflict. He had considered that point carefully
sad painfully. If it bad hem an isolated case—* owe of
a Seesuentary struggle about a disputed seat—he should
have inflicted • pecuniary penalty only. He could sat
doubt, from the evidence', that there had been ea the part
of the flefen.huit • debbseate, systeatatio &damp of all
that was docent with respect to the pert_
_mama al the
rites end ceremonies of religion. Be eheald soh tharedws
ialbet a pecuniary penalty. The law gave kiin the power
to send the defendant to prisms for any period sot ex-
easizag two months; and the sentence of the eseet yea that
he be committed to the House of Correction fartiorsi weels.
The defendant, who seemed to expect a pecuniary aria,
Aar* would have been paid by the Astl•Yalayite Lew"
sesawel astooished at his aistasak sad was very amiss to
make a speech. His with was sot grata* wad he was sr
aseneifrini the court.

THE PaICR COURTS.

MANSION HOUSE.
A young man, named Ittmervir, re brought before Sir
H. ifutgeridxgehmed with ameseing en obstreetion in the
City, y a harrow he one of the prier*
thoroughfare, exparn fruit for sale.
A police °ridable proved the facts, and stated that the
tr refused to go away, and he was compelled to take
i°l:seto custody.
A person stepped forward, and mid he was instructed by
his employers to state that the prisoner • mother had been
In their service for some time, and that she was a hard-
, respectable woman. The prisoner was subject to
be bad no other means of obtaining a livelihood
' than by selling fruit in the street, and it was hopod, them
We, that he would be leniently dealt with.
Sir 13. Muggeridge said he should be most anxious to
1 Islet every poor man in obtaining an honer livelihood, hat
it could sot be pronged that he should do so by caring
the greater porible irouverance to the public, which was
the result of exposing fruit for sale in barrows in the
crowded thoroughfares of the civ. The inhabitants had
made repeated complaints, and the magistrates were bound
to aired to them. He was very sorry for the yore melee
Whinnies, but he must deal with him r all Wirt imilar
Wender had been dealt with, and he must pay aWe of
bedfrorown, or go to prison for three days.