The Express.
London, England, 1861-05-07 00:00:00

DEATH OF A SURGEON PROM DRUNKENNESS

On Friday evening last an inquest was held, at
Cosham, near Portsmouth, on the body of Mr. Thomas
Charles Marrett, a surgeon. The deceased had, it appeared
from the evidence, of late been addicted to drinking. On
Wednesday last he was seat for to attend • person named
Humphreys. While there he asked for some brandy, which
was supplied to him. John Wee, horse keeper to Mr.
' Wheeler, contractor for the Holmes defences, deposed ae
follows :—On Wednesday afternoon about two o'clock, I was
sent for to go to Mr. Wheeler's office by my wife. Deceased
had been sent for w attend Edward Humphreys, who was
ill. I went into the office on the basement. No one was
there, and I went upstairs and found Mr. Marrett and Mr.
Humphreys. Mr. Merritt was kneeling beside the bed
which was there. He bad one hand on Mr. Humphreys,
and the other on the bed. When my wife came to me
she told me to go to Mr. Humphreys, as Mr. Marrett was
there tipsy. Mr. Humphreys told me ; that be had
been there about half an hour. I went and
tried to lift him up, but I could not. His
eyes were closed. I took hold of his hand and took
him away from Mr. Humphreys. He did not speak at all
he was tipsy and insensible. Mr. Humphreys told me that
the deceased had drunk a pint and • quarter of brandy ;
he also stated that he bad drunk it out of a half.pint glass.
The bottle and glass now produced are the same which I
saw in the room. The bottle was empty ; there wasa small
quantity of brandy in the glass. Mr. Humphreys said that
We doctor gsve him • powder, and then asked him if be
had any brandy in the house? Humphreys said yes, and
told the deceased where to get it, which he did. He gave
Humphreys half a wine-elaseful of brandy. He then
looked out of the window and saw his wife corning,
and said, " Here's my wife coming ; I must
put the bottle away, or else she will say I have
been drinking." He then put the bottle and gran under
the bed, and his wife came upstairs to him. She
asked him if he was going home, and he said, " Yea, pre.
gently." She then 'eat down stairs. He then took the
bottle up and drank the breed! from a half pint tumbler.
He drank it off without stopping. After he had done
be fell on the floor in the position I found him. This is
what Humphreys told me in answer to my inquiry am to
what bad taken place, I got assistance, and we removed
him to the stable. He was then alive, but not sensible.
We put him into his gig and were going to remove him to
his home, but his wife, who was there, said " No ; take him
to the stable ; I deal want everybody to see him." I
wanted to send for • doctor, but deceased • wife mid "No ; I
have seen him in the same condition before." We laid him
on his back in the stable. His eyes continued to be shut.
He was frothing from the mouth, and his hands were dia.
coloured. I sew him every half hour while he remained
in the stable. He was groaning very much. At eight
o'clock the doctor was sent for, and he directed him to be
brought home. I and four others brought him home in a
handcart. He was still quite insensible. When we got
him home be was taken into the kitchen and laid on the
door. Mr. Jewett gave deceased a draught at the stablest,
and also at him own house. He was kept in the kitchen
about an hour and a half, sad he was then removed up.
stairs. He was sensible coos upstairs, and once downstairs.
Downstairs he wished • neighbour (Mr. Clark) good sight.
and shook hands with him. He was still lying on the door.
When upstairs him wife came into the room, and spoke to
me, sod he said, "Jessie, I know you ; I know your voice."
He died about twelve o'clock.—Other corroborative evidence
was give°, and the jury returned • verdict to the affect that
the deceased died from congestion of the brain induced by
taking a large quantity of alcohol, viz., a pint sod a quer-
tern of brandy.

The furniture, &c., belonging to the late Lord
Warden of the Cinque Porte, at Widmer Castle, is to be
sold by auction at an early day. We (Kentish Gazette)
understand the noble Viscount Palmerston, the new Lord
Warden, is about to furnish the castle in the most superb
style previous to the reception of company at this splendid
marine residence in the autumn.

Mr. Peacocke proposes, ou going into Committee
of Supply on Friday, to call the attention of the house to
the affairs of Austria and Italy ; and to move for copies of
any papers ordespatches which have been received from our
ambassador at Vienna, detailing or describing the nature of
the constitution lately granted by the Emperor of Austria to
the various provinoes and subjects of his empire.

Lord Robert Cecil, on Friday, will ask the Chief

Commissioner of Works, whether he intends to renew Use
lease of a portion of the Regent's Park to the Torophilite
Society or to throw it open for the accommodation of the
public.
_.

A good deal of astonishment, not to say dismay,
continues to be excited in the eastern counties by the eta-
tionary or declining numbers of the population revealed in
the census returns. The fact is now established beyond all
doubt, that the figural from the purely agricultural districts
will exhibit scarcely any increase. A few further illustra-
tions of this fact, derived from returns published on Satur-
day, are appended :

1651. 1861.
Cambridge
Newmarket 3,356 .. 3,261
Linton
Mildenhall
Somersham 1,653 .. 1,621
The returns from agricultural villages might be given almost
ad intinitem, but they point so conclusively to one result
that it is scarcely necessary to reproduce the Agana.

The following letter from the Inland Revenue-
office, in answer to one addressed to the Right Hon. the
Chancellor of the Exchequer, will interest the public gene-
rally. " Inland Revenue, Somerset House, May
TM Board of Inland Revenue hove hail referred to them
your letter of the 29th silk, addressed to the Chancellor of
the Exchequer, and in reply to the inquiries therein sub-
mitted I am directed to inform you that an auctione'
license will authorise a person to act as house agent, and
that • person letting merely his own property will not bs
required to take out • license as shoos. agent. I am, Mrs
your obedient servant, T. Saw:cur.—Kr. Absalom Dell."
A deputation of the Rhenish nobility, headed
by Baron de Wallbottarusenheins, presented, on the lit
inst., to the Prince Royal of Prussia and the Princess Viis
Lori• the wedding present which has just been finished is
the workshops of MM. Sy and Wegener, at Berlin. It is a
silver buckler en repouse', and of a greater artistical Talus
than that which the late king gay.) ss a christening present
to his godson the Prince of Wales. _

A letter from Vienna, of the 2nd, says :—" The
Emperor will leave for Trieste on the 14th. The imperial
children, Prince Rudolph. and the Princess Giselle, will
proceed thither s few days before. The Empress is ex•
paned to reach Corfu on the 16th. The Lloyd's Steam
Navigation Company am preparing a squadron of four
steamers to go and meet her Majesty. The Emperor will
embark on board the Pentane yacht."
The Boulogne Mesruger of Saturday says :—"We
learn that on the 13th instant Nr. Charles Selby will take
his benefit, and we sincerely hope he may be benefited
thereby. At great expense and with considerable trouble
this gentleman has brought his well selected, talented troupe
serer the Channel for our amusement, and what is the re•
suit so far? By no means, in our estimation, such as he des
serves, at least, so we calculate." _ .

THE INDIAN FAMINE RELIEF FUND.—The total
amount of subscriptions received by the Lord Mayor in aid of
the Indian Famine Relief Fund up to last evening was
81,000/. 18s. Bd. The receipts of yestentay were not so
large as usual, the total amount being under 1,0004
whereas on other occasions it has been as much as 3,5001.
during the day. Amongst the sums was 100!. from Mrs.
Wm. Jennings, of Evershot, Dorset.

DR. laviwcarowL—Accounts have been re-
ceived from the African coast to March 3. Dr. Livingstone
and Bishop Mackenzie had gone up the river Rovooms to
endeavour to find a passage by that river into the interior,
which would occupy about three months. The others form.
Mg the mission remained on the island of Johanna. Bar
Majesty's ship Wasp had been wrecked near Toogo Bay.
CRYaTAL PALACE. —Madame Alboni will make
her first appearance this season before a London audience at
the Crystal Palace cm Saturday next, May 11.
Cabin!. LL INDIA COAL. —Mr. Haines' the
chemical examiner to the Bombay government, reports out
the coal el the Nerbudda valleo, and of Nagpore. Both
deposit • very large proportion of ash, and are unfitted for
coke. While Wales steam coal deposits 3 per cent. of NAN
they leave about 18C While fib. of the former causes
817110. of water to evaporate, lib. of the Nerbudda coal
muses 414. and of the Nagpore 542, to evaporate. The
Camara India coal scorns to be inferior to that of Bengal.

- -
CITY Or Lottpow Hoarrrai TOL DISUSES or
TUT CCM, ViOTONA•PARIC. —lite number of patients sr
limed at this fultitatiou dozing last manna L 196, of whisk
IN WWI SIM NOM

LAW INTELLIGENCE.
(THIS DAY.)

been in the prosecutors' write it was believed that they
bad lost property to the amount al 5001.
Verdicts of Nee mon, were then taken on all the indict-
ments against the (emelt, prisoner, and the husband was
switetecod to three years' penal servitude.

EQUITY COURT.
(Molars Vice-Cliabeellor Wood.)
II tea r. Cs al.ira. —throe Tann. Ti, soUtITOI MIMS.
This was a cape in which • solicitor,who wastlse=ered
a trustee,cisinsed to be paid his east. in regarded
Clines' as solicitor to the trust. It appeared that C..
5..,r1,,e, heiag a solicitor, and olio of the trustees of a deed
whirls was purtnon of the subpsetematier of this suit, nude
ao arnseiteeiseet with his co-partner, Ms. Hermes. by which
1.• a n 1 that Mr. Ilayore should as solicitor to the trust
sod should receive his costa as such. It was also pert of
this arreogemeat that Mr. °arks should he is amine lime-
thereby.
jrS If. awl Mr. Southgate Yr. Haynes;
Mr. I iiffard and Mr. Miller were on ale other side.
The ioeChisecellor said—This case involves a point of
...osetershle pes.-tieal ha iris., whether or not the
rule of the court, that the trustee can charge in of
los bill of cat any more than costa out of pocket ifect be
ilesees to act as solicitor to the trust, is to be extended to
the ease when it is proved that the whole trust basi-
n.... has lien carried no by the trustee's partner fur his
• ,1.1 lasor ht. awl not for that of the partnership business.
Tl.'. role on which the denial of coats to a solicitor trustee
is founded. rest. mainly, if not eutirely, ma this ginned,
that a trustee shall not make a profit of has trust. This
rile has no doubt been extended to the case of a partoer.
It has been argued from dicta in some of the cases that the
rule net. on a broader ground, and that the mem for it is
Ibis, that the solicitor being also trustee, them im no
rimier control over hint. But I apprehend that this is not
ON for the result of such a train of argument must be to
delay the trustee's right to act as solicitor at all, whereas,
as we know, the law goes no further than to ileny him his
costa if he so arts. I consider, therefore, that the true
frosted of the rule is the denial to the trustee of any pro-
fit out of his trust. it is in this ease distinctly
*wore that no such profit is received or receivable
IT Mr. carton, No doubt there is force in the argument
that such an arrangement adonis a means of collusion and
duplicity. Hut the same remark applies with no less faros
to the case of a solicitor trustee who employs soother
,olaitor. It was said that partners might make aa
arr..II4CITIOnt each to take the other's trustee Weiser,
and that thus a door for fraud might be opened. It does
net appear to me that such an arrangement necessarily
implies any more fraud than a similar arrangement between
two distinct firms, in which case I think there is nothing
that could be argued necessarily to show fraud. My
epiniive in this came therefore is, that Mr. Haynes is
retitled vo his meta from the date of the arrangement
between him and his partner.

araMel Bente!, surrendered to take his trial for mis-
demeanour.

Mr. Metcalfe and Mr. (bridge conducted the prosecution;
Mr. Sleigh was counsel for the defendant.
The charge was preferred through the instrumentality of
the Treasury, and the offence imputed to the defendant was
that he kept a ground at Bow for the purl:sae of ride
practice, and that it was not properly arranged, and the
corisepience was that persoes paring along the public high-
way nod the inhalatanta of houses in the vicinity, were en-
dangered by stray bullets. The learned counsel for the
prosecution stated, in opening the ease, the the only
object sought to be attained was the protection of the
public, and that proceeding,' had been taken before
the magistrates againet the defendant, and he bad
promised to make certain alteration; that would have the
effect of remedying the red complained of, but the had
not been done, end the present indictment bad consequently
been preferred, the object, of course, being not to inflict
any punishment upon the defendant, but to put a stop to
the nuisance.

A vent number of witnesses were examined in su
of the prosecution, and from their evidence it • that
prrecipport
upon several occasions bullets Bred in the sfendant's
I ground had passel over the heads of persons walking along
the adjoining road, and upon one occasion a bullet heal
piloted through the window of one of the houses in the
vicinity of the ride ground, and lodged in the wall of a hel.
room. It also appeared that the defendant had been remon-
-1 strited with upon the subject, and that he was summoned be-
fore the magistrates, when be penniseil to make such altera-
tions as should have the effect of obviating all risk of danger to
the public, but no such alterations were made, and in
the result the present proceeding wax instituted. Among
the witnesses examined on behalf of the prosecution were
Captain &mile°, of the Scots Fusilier (Wards, who wan
employed by the government to inspect the ride 'roulade
appropriatod for the use of volontems, and Sergeant
Quiltor, musketry instructor to the 2nd Tower Hamlets
Militia, and they both expressed an opinion that the ground
in question WM entirely unfit for the purposes for which it
wee intended.

At the dose of the cane for the pmseention the jury
retired to take some refreshment, and upon their return,
Mr. Sleigh said that he felt that he could not resist the
evidence fur the prosecution, and he had arranged with
his learned friend that the defendant should plead
guilty, hut that no puni.hment should be asked for, and
that if the defendant made arrangement, to vent any
danger in future, no further proceedings would be taken
:,g,iinst hon.

This course Was soconlingly taken, and the defendant was
diacharged.

COURT OF COMMON PLEAS.
Sittings in Basta—(Betas Lent Chief Justice Erie, and
Justiees Willis, Dylan, wad Keating.)
- -

alas e. morn. —idaiminsit or 8AJ1171111111...
This case was argued souse time ago, and the court now
cave judgment.
Th.: Lord Chief Justice said a rule had been granted in
this case to enter a minima or to have a
sew trial, and the question was whether the
isle should be made absolute. It was an action
spied a banker at Worthing, for neglect of duty in not
presenting a cheque for payment within proper time, and
the first count alleged that it was the duty of the banker to
I. od the cheque by the post of the day no which it was paid
INto the hank at Worthing to the hank upon which it was
drawn at Lewes for presentment ; and the mooed count alleged
that it was the duty of the defendant to send the Cheque for
presentment within a reasonable time. The evidence was
that the cheque was paid in to the defendant's hank on the
morning of Friday, the 10th July, anal the defendant sent
the cheque by the Friday's poet to his correspondent in
London, for pereentation at the country clearing•house on
the Saturday to the corniapoothiet of the Lewes bank.
.I,,nnlingly, the cheque was ito presented, and at was after-
ward. sent by Saturday's post to the bask at Lew", when
it arrived on the Sunday. practically on the Monday ; sad
poineat was then refused, there being then no semis,
but if it had arrived oo the Saturday it would ham
base paid. The plaintiff showed that for tightens
maths the coons of Weimar had ben to send emir,
Loadint is the way is whisk tide ego was sent,
= to
before the commareineet ei the eighties meathe
the eustoun had been to mad amass by the met of the
day en whisk they ware received to the coseiry hanks se
whisk
they were draws, instead of esailing them
the mestry almingdimite la Leads& The judge st=
jury whether the custom had knee as shove described priar
to the le maths, and the Jury found la the afirmative. The
court osier these eircumlnecas thought that the nth to
enter a somait should he made sibmisto. The palettes was
whether there was say duty • the banker to mad the
cheque by the post of the day ea which he remised it to
Lewes ; awl the court wee of that there was nose&
duty. Before the conned reentry cheques through
Me clearing-house was the court coseklend
that the time which a hed a nght to
44,
step a e_hoone was delesd mem* M " Rick- •
iota v. lthlitt" Them the defendsni woe a looker at
irkuierf. sad he ilisoomfai a cheque ea Maseru Smith,
rem and On, of Inesisa, ea the femme. of the 13th
Jimertry, sad es the 11th he sent it to hie Leaks egusis,
PAM red On, for preriestment„ sad the, preissoled st ea
the lath. whim is was dieboaseved. lin Mira was
thsramen imaght to recover the resat pall la
deesseitsg cheque, and it was hold that tint
was set bound to and the ilium
meitylamilaa mill the lith. sad that kis agnate is Louden
were set WWI le it until the IFAh. That denim
bad Ism eseegnisad and retail no sad treated as armabliebei
Ws ell aims se betwase parties to the cheque, led the
seen that the tale applied am °sly se between pan
lin le the bat alma" brtweee the banker sad hie ear
lanne, maim germ melange, existed from which a eontraet or
dater se the part of the banker could be inferred to meat
mike et to defer the preasatineet lentil a later period. No
sash shemalaami "anted bite, sad it was admitted that the
Inge awed Ia the hat aunt did not exist at the time in
misolien. The sow% the eisra. gam effect to the leave
whisk bed boa wourred, by directing the role to enter a
aerie he he ark &brims*.
lab ainsiale asserdiegly,

INSOLVENT DEBTORS COURT.
(Was Xr. Commission, Niabok)

IN 111 JOU! 00.-1:111711•0111DINMIT CAIIII OP LITIGATION.
The leenlvent whose ewe me before the mart on hater-
/Ir.diappeared fee jademest.
Aurae! sppteed, sod Mr. Dow
Ir. Commissioners Nichol; in wins reviewed
the fact, of the cam, winch me netsseedleary
enema of litimatee. whisk had enmsseemel on
keenest of e Gt, k1.,1111. The Mused Cenendmemer
rid that hut for the Allem V mei hmedest
modest of the ineolmet, h. woad he,. hese ie
pemaitem of hi own property. Mr. Oldellmeden. the eke
pew& creditor, had °Festiva $ judgment guise OM
(imager. the tasolvent's fathera-kw mad he tent the
hetet of the net This insolvent cheats lem_parolemed
wee vale ofum Greer r, bet the Mr. Chitteedm.
t so ar and recovered a verthet. mealvent west
ler"l4e sad was oppomd on account ol • leemehms on P...
which was of value. He led refused le
ap pummamm, sod when it was °beamed by is
mice of ejectment, the hones was completely "gutted."
etherwim injurreL The ineolvent had bees miremdy
much one months in prima. He looked spas this as am
setwelim•ly bad cam of fraud and violates, and regardism
mew of the tights of the creditors, sad he felt bound to
Me a Serious judgment. and to delay the diecharge for •
Mg time.
Hw Honor gave a judgment of twelve ealendsr months
fee hand. and allowed the costa. The insolvent me taken
ha to %ateens..Mee prim.

CENTRAL CRIMINAL COURT.

(THIS DAT.)

ATTEMPT TO ENTER THE LORD MAYOR'S
PARLOUR.

Cowlidsmble startles was excited in the courts this
Iwnwat by the discovery that during the night the looks
t'.e Lonl Mayor's parlour and several other rooms la the
I.ot had bees tampered with, and although aa entry
LI *4 lime effseted into any of the rooms sad ao pro-
torty soles, the locks were so much injured that they
not he opened with the regular keys. There appears
••• ,ery little doubt that some preen must have secreted
I"""ll shout the premises, and after everyor was sum
tos.l to ha.* left, he attempted to obtain &MOM to the
'fil.oot rooms, and be very probably hoped to obtain poe.
01 the sheriffs' gold chains, or some other valuable
PliP"tr. No clue has as yet been obtained to the perpe-
-611,4 of Shia impudent attempt at robbery, bat etriot
will, of course, be made into the matter.

(Before the Recorder.)
41"'s fR4q. 2u, awl Cboviiite Hogg, 31, his wife, who
!Irrnidsnd_ to take their trial, were charged epos several
,"'dsisais with stadia; a large quantity of silk hoed's"-
"..1 I. sad ether articles, valued at 2001., the property of
us. hreekleiturst sod Co., silk warehousemen, in the
,ths aisle primmer pleaded silty to the whole of the
'Tie& His wife pleaded not guilty.
Kleigh, who appeared for the prosecution, rid that
"IS isetructed nut to offer any evidence spinet the
awn se she was the wife of the other prisoner, end
%At. is
swiss. law, probably coosidered to bats acted under
• be
With regard to the mole primmer he had
%kw the court that he had been for eighteen, mous
the awoke of the progenitors, aid it was believed that
I the whole el that period be bed bees amiss ea
'lt
„prima of pluscirr, Lad whoa be Me WOMB
y ao isms than a hundred depbealiwi were
%sail is hie pcsagesioe, all of which related to pre.
oat
i.loogiag to the prosecutors. Tie learned 0111111111
.161 OVA le COIN•qUeIKO of the loge quaattor of peeped,
!rod by the prosecutors, sad their beim unable to diceeVer
"whom it was perloigied, they disehargri ow of the per.
111141 n their server, believing him to be die slaty piny,
.
44 v.is woe afterwards disigivered that the prikeer woo
461. busing he. sighteis vasedlis the prisoner had

NEW COURT.

(Before T. Chambers, Esq., Q.C., Common Serjcant.)
ThM court was occupied the whole of the morning trying
prisoners for passing bad coin, and the cams did not pre-
sent any feature of sufficient public interest to warrant a
"Vecenmitttla this session for paining bad money are
eleven.

THE EXPRESS, TUESDAY EVENING, MAY 7, 1861.

:NN