The Express.
London, England, 1857-07-25 00:00:00

NM 0, DAVY.

This wu also an action for...bre:e:Of promise of marriage.
Mr. Senreant Hayes and Mr. Flowers were counsel for the
.and Mr. Macaulay, 4C., and Mr. Bodes for the
The plentiff, Sarah Bird, is the daughter of a farm bailiff,
and the defendant is a farmer at Ulceby, about forty years of
age, and • man of some property. It appeared that about
June, 1865 some sort of intimacy up between the
plaintiff and the defendant, who werei the habit of fre-
quently seeing each other at the house of a Mrs. Boothby,
who lived net door to the plaintiff's father and mother.
Mary Bird, the plaintiff's
tire sister, deposed that she had
often amen thews Mr. Boothby's, and that defendant
had said Ira wo d have her sister. On one °coulee, in
October last, her mother sent her there to fetch her sister,
sod on that ocean= defendant gave her a ies. The wh-
am said, "Oh I you shock me, Mr. Davy;' to which he
emewei7d, " Never mind, we shall soon be of the same
fwol. In June, 1856, the witness was at home alone,
and deludant came and asked her when she was gang to be
mewled. She said, "Oh, Mr. Davy, it is your turn first."
Be asked her then when she was ready to be a bridesmaid;
and she replied, " Any time." He then added, " Because
me and your sister will not be long before we are married."
On one occasion she gave him from her sister a parcel con-
teeing Ur Menem, an orange, and some ewerneake. She
bed sees him sit on her sister's knee with his arm round
bee meek. The intimacy was broken off at the latter end of
L
st year.
Upon crom weseshadoe aim said— never heard y grew
say she would have one of the Deeps. I have seen her sit
as hie knee, and seen them kiss each other and I believe I
have heard her my to him, " Poor lad, it's time he had a
wife ;" hut I did not bear Mrs. Boothby say, " Ah, but he
won't have you;" or my sister add, "You don't know that,
Mn. Boothby." Other people were present on these occa-
sions.

The learned Judge eked Mr. Serjeent Hayes whether be
thought the are ought to go ou
Mr. Berjeant Hayes—Thts sort of thing is not unusual to
that station of life. (Laughter.)
The learned serjesnt than asked the witness whether it
was not a very usual thing at I:lceby for people who were
to be married to sit upon other'.'s knees.
elahgee' each
llritnews made no answer.
Mr. Justice Cresswell—Yon know she was very much
shocked.

—Hr. tejeant Hayes---Yes, my Lord, but she may know
the custom of the country. (Laughter).
Mr. Justice Croswell—The custom is setnetimee varied
by opesial agreement (Laughter.)
Kra Botabby was then m Hod, and she stated that she
wee a very old friend of the defendant; that he used con-
stantly to come to her house, and sometime, send her neat
door to fetch singerbser, which the plaintiff's mother sold,
but ho never sent her to fetch the plaintiff. The plaintiff
came with the gMgmbeer, perhaps three or tom bottles, and
then they used all to drink it together. When asked whet
the had heard the plaintiff and defendant talk about she
mid, " I am hard of hearing. " but she had sem her Um him,
and sit upon his knee, though @babied told her that he would
so more marry her than he would marry the witness.
After this evidence the plaintiff submitted to a normal%

NORTHERN CIRCUIT.-DURIIANt JULY 23.

(Before Mr. Berea %boa)
Rohr! Taylor, convicted yesterday of forgery, was this
morning statenotd to four months' imprisonment.

(Hein Mr. Baron Chanzeß.)

THE Qin= mAitsirr (A ILACItITAA.

In We moo a qteal•lizrao wont to try a crizoiaol fa-
lormatioa, orba•bi bar s Aftrvoresssrol charged
RAM_ ,Dakory Pw, al Ike pm. r•AI at
MO litrommolt, assr laraimar, ia as ••••*, et D
Ms, gill bads& win oriste d AY AIN o• •
emprasiell • Mow eel sada maw mac laigagfetru4
Ihei mei apommit.
Mr. Allartia,
ISOM A QM., si ad
tkissdr Ma.
the A.
Adam. LIMA IMO for
thermions; on kr
. Marks on ai cess vas we d put liqutises

u concerning the adminiqmtion of justice—ono very =fre-
quent in our courts of justice, and, ho might almost my,
without a parallel. The defendant was • gentlemen by posi-
tion, and lead lien for many years n county to mictrate. On
the 2nd of July last year two police conellilev, in the enures
of their duty, observed two ruen, named Spans and Storey,
in pursuit of game. They apprehended then). and took them
before the nearest magistrate, who happened to k Mr.
Ballene. Me, instead of twerojqjgg i.
otturi way to
11°4 lie"lactrA, oddro:soa the prisoners Mu, "If you
will pay U. each you may go; if not, yon will be taken to
Imnelocater and locked up, and brought before the msgi-
Itrate nest day and fined ease and costs." Then, without
waiting for an answer roan the accused parties, he ordered
one et the eons:Milos to handcuff the men unit take them to
Lanchester. Tho men naked to be allowed to go to Beni
Edge, their ol.ket Lelng to roam the money for their libera-
tion' Mr. italiolY 'gave them permission, and the torn went
to Berry Edge, rel•od the moncy,and paid it over to one of the
constables. The.' were then allowed to go home. The
atinatabta went Me next day to Mr. Balleny, and naked lira
to enter the MUM. The defendant thereupon raid the men
were not lbw A, and that nothing was due to the county or
the allPera' mitation fund. Ile then handed over 106. to
Itidwan: Ins orinstabk, telling bhn there wan So. fur hire-
wit and 6e. fur thoother officer. Robson declined to receive
it, and Mr. Ilidleny said if it were objected to by the chief
can't" .bla, they wait return the money to him. It so bu-
rn,'J that the field in which the poachers were found be-
en dad to Mr. Bulleny hi:itself. These were the abort facts
lit du cue. . . .

Evidence was taken in support of the can for the prosecu-
tion.
Mr. fictjeant Atkinson, for the defenre, romplthied that
this sus en information ex officio, and said that on the facts,
se peeved by tho prosecution, never had tho office of A ttorney-
°metal been so Rimmed as in this case. He contend( .1 that
Mr. Ealisny bad a perfort right to do as he did. Au offence
had been committed against him, and, not hitting merged
civil right. in his public duties, and beiod, influenced by
the appeal to settle the matte? at once, ho tensented to take
2t. as compensation for the &image be had sustain... 4. The
men had, therefore, never been fined at all. The le►rned
counsel concluded by reminding the jury of the serious con-
sequences a verdict of guilty would entail.
Mr. Atherton replied ; and
The jury, after a short deliberation, found the defendant
Guilty of stealing the misnry, and that be del it under
colour of hi. office as insgist
(The punishment of Mr. Balleny remain. in the Lands of
a higher p(wer.)
The oourt rose at six o'clock.