The Express.
London, England, 1868-02-18 00:00:00

THE FENIAN PROSECUTIONS.

DISCHARGE OF ALLEN.
DOW-STREST.-(TEIS DAY.)

This morning the chief magistrate, Sir Thomas
llr•nry again sat specially at the Police-court, Bow-sheet,
to protecd with the examination of William Desmond,
Touothy Desmond, Nicholas English, James O'Neill, John
l>'Kn•fe, Jeremiah Allen, Michael Barrett, and Anne Jos-
the charge of wilful murder of the persons killed
by Ito clerkenwell explosion. The ordinary business of
Mi....sert was conducted at the police-station opposite
beton• Mr. Flowers.

After the prisoners had been placed at the her,
Mr. Gilfard, on the part of the crown, said the evidence
Rae complete as against some of the prisoners, whom he
ehuuld ask the magistrate to commit for trial •
but with regard to Allen there were certain fact;
upon which he had to ask for Sir Thomas Henry's jndg.
meet. In the statement which Allen had made to the

police, and which would be corroborated by the evidence
of Inspector Thomson, Allen did not say, what, never-
theless, was the truth, that he had previously been in
communication with the police, and had mentioned to
them something about a plot to rescue the prisoners Burke
and Casey, by attacking the van on its way from
the police court to the prison, in fact, somewhat
after the Manchester model. In this statement
there were • variety of circumstances fraught with
suspicion. First of all, though • stranger, he was in such
intimate communication with Anne Justice that she stated
to him what, if else did so, it would be his duty to men-
tion to the police, namely, that Casey had told Mr to in-
form her brother that the authorities were probably aware
of what they intended to do, as they would not let the
prisoners leave the cell for exercise. It seemed almost
inconceivable that he should not at once have
communicated that fact to the police. Further,
when the explosion took place, he was found
flying with Anne Justice, and not as
_might have been ex-
pected, seizing and detaining her, ana saying " This is one
of the persons who was concerned in it. However, he
(Mr. tAtfard) could well understand that from the nature
of the catastrophe it might throw a man off his balance,
and he could not, therefore, ask the magistrate to send
Allen for trial on this charge,
The evidence of Inspector Thomson was then taken,
after which,
Nir Thomas Henry said he thought the prisoner Allen
ought not to be put upon his trial.
Allen was then set at liberty. As he left the dock Anne
Justice, who had been as usual accommodated with a
:•vat, and who appeared more ailing and feeble than on
former occasions, roe* from her seat with sudden energy,
anti cried, " Let me speak to you, sir. All that man says
is lies."

Sir Thomas Henry—You will have an opportunity
hereafter.

Ur. Oil Yard said that the ease for the crown was now
complete, and he wee ready to ask for a committal ; but he
had a letter from Mr. Lewis, who wished fora remand, to
give him an opportunity of calling witnesses for O'Neill.
The prisoners were again remanded.

We find in the Corriere of Cremona an account
of a demonstration provoked in that city by the news that
Te Dews was to be chanted for the victory of Mentana.
About fifty young men, mostly students, entered the
church of St. Agatha. The cure met them, and calmly
..ssured them that no ceremony of the kind was in oon-
templation. The young men, being convinced that he
`Poke the truth, went quietly away. Shortly afterwards
another assemblage entered shouting " Long live the
King !" "Long live Garibaldi !" " Down with the tem-
' .4-41 power !" but withdrew on the order of • carbiasse.

LAW INTELLIGENCE.-(THIS DAY.)

EQUITY COURT.
(Beton Sir W. Page Wood.)
Sant= V. SHILLIT.
The question in this special ore eau epos tie will of
Yrs. Helen Parker, late of Bath, tevidew, who died in Kay.
UK, haying bequeathed as falba§ t—" I give my best
1"1 stiof Fowl estKagni.beneelete with diamond
oyes, end pearl sad enrwillalli ma all
my rings with peark, and emeralds mixed,
and all the red of mg pearls and emeralds, and my
diamond and emeWil bird solitaire, also my
walk set with Kames earl my complete est of dia-
monds. sennistig el se, earrings, breeds* waist-
beside, wlessfaer Eris. and small sprig ter the heir cc
bum, to my nephew, John Shelley, to go sad be held u
bar-looms by him, and by hie eldest son, as his demises ;
end to go and descend to the eldest eon of sash eldest son,
and so en, to the eldest sea of his descondente as far as
P
rules of law or equity will wait" By codicil abe
gavequantity of other jewe whisk she described,'
to nieabet6 , wife of John Shelley, end other members of
the family, and then gave the rest as an heirloom, to go
in the manner she had directed by her will. John Shelley
died in 1869, having bequeathed all the jewel=
the will of his aunt, Yrs. Parker, to his widow,
Shelley, absolutely. He bad fire children, of whom three
—Edward, John, and Inizabetle—were born in Kra. Parker's
lifetime ; and two—Charles and George Ernest—were born
after her death. John and Elisabeth were dead with-
out Josue ; Charlie and George Ernest had at-
Mined 21. Edward Shelley claimed the jewel, on
the geoaod that if they bad been settled like land he
would have been entitled to them, as being the owner of
the first estate of inheritance. Kra. Shelley, on the other
hand, claimed them under her husband's will The ques-
tion was whether John Shelley was entitled to the jewels
absolutely, or for life only, with remainder to her eldest
DM. .

Mr. W. M. James, Q.C., Mr. J. Hinde Palmer, Q.C.,
and Mr. G. Miller, appeared for the plaintiff, Edward
Shelley.
Sir R. Palmer, Q.C., and Mr. Vaughan Hawkins ap-
peared for the defendants, litre. Shelley and Charles, the
second son.
The oue was argued on the 29th of January and 7th of
February, and his Honour had reserved judgment till
to-day.
The Vies-Chancellor, after an elaborate review of the
cases, made a declaration that John Shelley sou bound,
and Mrs. Shelley, as his widow and executrix, was now
bound to execute the trust directed by Mrs. Parker's will,
to be carried into effect with reference to the jewels, and
that under such trust the late John Shelley wu entitled
to the enyment of them for his life, and that the plain-
tiff waa also entitled to a like enjoyment for his life ; and
that, after his death, they are to be held for the plaintiff's
eldest son if living at his death, when he shall attain 21,
but if he shall die in plaintiff's lifetime, or after his death,
under 21, leaving an eldest son born in the plaintiff's life-
time, then in trust for such last mentioned eldest son to
be vested in him when he shall attain 21. Beyond that
hie Honour said he could not go.

?ReitE

huhu left la the seek peeing itrarirds toward.
the ear. it em tie appears/meet I have moat I
shaeld may &it lie remind Afteeeda. I think, neat
the appeareskee et Ile the ft we = by mow
ether pane% 6,10 it is not
as sea
baying does It khomdf.
After 1110.11 ether evidenee had been tam,
Mr. Mae remanded the primmer for s week, aid re-
fused is take bail.

SOUTHWARK.
1:1•1111G •1111•014. LaD 1110111111Z7 II • TEZ•SIII.
Miami If Kay, lb conneeded with a
t,gang of
name and thieves infecting the Now-ce wee pijed"2
the her charged with being conorraed with oilers nee in
oritedy is earealtiog Homy Grey, and robbing idea of his
hat, handkerchief, and mosey. as the pike,. Mahe of the
'Victoria Thistle.

The TXMosster, asespestshis-leshing leol, mid he was a
groom, and en the peesiess *la le vent to the Viekein
Theatre. Whys dews lir !pally Mahe at the
emelation el the be wee cured by
a number of ming meg* maid his bet wee kneshad
While salleaventhog lie maze it he wee knocked down,
and these of them hal him down. 7lmi pilaw then
ever him and turned hit poetises inside out,
beedna his clothes and striking -him en the face.
Om ei his pothole was completely ten dr, end he
het his handle money, end has. In the
*Name caught held of the prisoner to detain bientslift
essetable mine, bet he managed to get away with his
lone. About balf-an-hour afterwards they were
up Webberstreet, where he saw the prisoner, and
him out to the dicer, and he was Mikan Into
osetedy.
Peilee-eonstable lbg L said he received information of
the robbery, end knowing the thieves well, he went with
the prosecutor and raw the primp'r running along Web-
bet...inset. He punned him and took him into esetody,
when he denied all knowledge of the . Witness
asked for a remand to enable him to apprehend the others,
who were well known to the pollee.
The prisoner admitted being on the gallery slake, but
said he had no bend in the amain end robbery.
He wee remanded fora week.