The Express.
London, England, 1857-12-01 00:00:00

THE EXPRESS, TUESDAY EVENING, DECEMBER 1, 1857.

Cdr Ina Dour,.

COURT OF UMW'S BENCII.—Nov. 30.
(Mass et NW _Prima, at Weasinster.—Before Lord
Campbell end Commenlarkts.)
=C is C. raviasos.—.mina DCPRISOMIRIIT.
Ws we en action few assault GM falas impriiontnest.
Mr. L hare end Kr. Hawkins wee for the plaintiff, end
Yr. Knowles end Mr. Mantra ha Oa defendant.
The bum Lee^ we Ilatmaly • servant to Mr.
Patens, the deleadent, • gmillemen of the tor ; end the
brought this sown to meow eumgmenden In demegm
egalest bin far having wilted summalib a ems
bad her Ulmountokensiala owl Lad
span sight fns sietion4se.
by the defendant mu usrmit. gulps
lrtOsglelslrwr
imaged
at 101. a per. 7108 was so am molumt.
About three woke aftentulnessesignmekag sidel,
of the violent =duct of YzaTdsma. is 10 Go tan
about 7 o'clock on • godly ral we to es
lodgings she had formerly oconglii, Nr. roam% se Its
following Thursday, gave her felte turnat •dr.ppd
stealing • plated groan and fork • lam= ad bow Imo
marchol uttiod mrilmg
it! NM; SI dm
bid up la de ablks all dr um Lw old
undmic Italubilor Polk• 41111% soll Nit
=4-adusi wpm the charge ehe ihdarged. The
Meld lh lie plea Oat be bel hem rubbed
eleilills saw MY" laddloi y peldsodu, 4 pairs
d ukddasu, awl • yids d limper, and- that ha had
&mak mums fr e Ova Os girl had stolen them.
a situation with • re-
egue=diry at Notting- bsf was dismissed in cons.
rabel coming to the of her mistress that
ninmen bad made such • chugs against her, and she
hl dies been dependent upon her father, who was a small
Imre Y (ingest
The following evidence was then adduced :
Emma Lucas said —1 reside at No. 2, College-oam,
Chelsea. I entered the service of the defendant in April
last. I had lived before with a lady at Witham-green for
three months ; I had a character from her. I entered the
defendant's service on the 21st April. After I had been
with hint a fortnight I gave him notice to quit. Ile lived at
18, Ilanover-street, Pimlico. On Saturday the 9th of May
I wee eleanier the krone. In the morning Mrs. Paterson
complained that I had destroyed her knife-board, end add I
ought not to have used it without misses pamlsaion. She
told me to take a knife and wraps the board. I did so, arid
she said I wax doing more hares than good, and snatched the
knife out of my beret and held it towards me in • Uneaten-
ing attitude. I then lett the kitchen and went about my
work. Neat morning, without giving any warning, I left
the house at 7 o'clock. 1 lighted the kitchen On and
opened the shutters before I eget. I went to the lodg-
ings of the person with whom I was lodging
before I went to Mr. Paterson's. I carried my boa slung
with me. Mrs. Law was the pereon's =Ms. On the
Thursday following *policeman came about 10 o'clock at
night, and searched my box, and took me to the station. Ile
told me Le had been sent by Mr. Pennon to charge me
with stealing a teaspoon, a fork, and a shirt, value 10a. I
said I was innocent. He then marched my bee, but found
nothing there. lie took me to the station in Cottage-road,
Chelsea, about a mile distant. Mr. Peterson came to the
station. I was planed in the dock. I was then taken into
a eon, and rearchol by a female searcher. I was afterwards
brought Lick. The policeman said he hed sear:bed the box,
and found nothing, The female soar-her also said she had
fatted nothing. Mr. Paterren rid ho hod lortred the things
on the Sunday meaning. I still said 1 we. innocent. The
eLarge was read over in my pretence and that of Mr. Pater-
ben. I was then locked up for the night, Nut morning I
was taken to the poline-rourt, Rochester-row, Westminster.
I was ;dewed in the duel. Mr. Peterson was present. It
wan said the proseutor did not with to pryer the charge. No
evidence was girt n, end I was discharged. I afterwards sew
Mr. Piii croon outside then court. I soil I was innocent of
stealing the things. Ile mid he had missed them as soon.
I had gone, end ho ruspoited I had taken them. Ile raid,
"This will be • Ileum to you for the future." I repeated I
was innocent, and that it would lie no lessen to one at all.
Afire staying with my father a short time, I got a situation
with Mies Boyd, who lives at Notting-hill. I remained with
that lady three weeks. Miss Boyd never made any com-
plaint before I left, and I have been out of a situation ever

Crurs-evirnined—l did not tell MI.. Boyd that I hail lived
with Mr. Paterson. I we. the oely servant at the de-
fendant's hoof.. It was agreed I should go at the end of
the mouth If I did not like the situation. 1 repeat, on nly
oath, that Mr.. I'M, rem held a knife at me in • thresh ning
attitude. I Wag alarmed. I del not think proper to mention
the circumatancs to Mr. ratcnam. I did not like the plane,
and that was another of my reason. for leaving. I lied two
boxes at Mr. Patereon's. A man helped me to carry them to
Mr.. Law'.. I don't know him. I met him on the wooden
bridge, and he offered In carry one of the boar. for me. I
never rent to Mr. Patreaon for my wage., nor did I let hitt.
know where I had gone to. tLu Sunday end the
Thursday I had not been to Mr. Pah rsou's hem. 1 told
him 1 had wale the spoons and forks in their places the even-
ing before I L.R.
Itc-titheane.l-1 never took any of the articles.
Dlr.. Law—l recommended the pleintiff to Alm. Ferran
as a .errant. I recollect her comic; beck en the Semitiy
morning. She lad left one box with 1110. I bare known tLo
girl newly four years.
Cross ex:funnel—l bad nu sequainte-nm with Mrs. l'a-
terwou.
By the Judge—When the came bock she said Mrs. Pater-
son had held • knife to her, and that the did not like the
pl A Policemen raid— On Sunday morning, about 10 o'clock,
Mr. Petersen bad him that his servant had stheceded, and
that some articles were mbaing—en electru-plated spoon end
fork, sail mime other things Ile (the'deffnelant) waist him
if she could be found, and he laid most likely if be knew who.
rc-oniniended her. Mr. Paterson told him to take her info
custody if be f iund her. Witness reported the matter to lab.
superiutentlent.
Abraham Britten, another folk:amen, proved taking the
plaintiff info ciestiele. Ile had no warrant, but weed on the
sufhority of Mr. Paterson.
By the Judge—lt it the metal practice to take into monody
peewit. who are chart, d with felony without a warrant.
Witners —I told Mr. Totemic I had sewehed the boxes
and foiled nothing. lie said he Lad also mimed tKO pdttl-
ri Ate and • lady'...ll.a, and wanted me to make a we aft r
scor.h. I aceordiogly went bark sad made another seweb,
but found nothing whatever. I told him so bet ro the girl
wee brought up at the poliee,eourt, and he said he would nut
menthe charge, any Sutler, al wee of the property was
found. When the girl wee arraigned Mr. l'AterKoll sat
under the magistrate. Ile did not make any statement.
Wawa told the rusgiethete that It was not intended to pro-
mad with the charger. The girl gave every facility to his
making the search.
Cromexemincyl —lt was not wail/Thursday evening that
I found where the was.
By the Jury—The remises% made no month upon the
cm, nor stout the girl being locked up all night, and then
the ram being abandoned.
Mrs. Boyd Paid—The plaintiff left my sereloo because I
could not get a character with her. I knew her aunt, who
worked for no.. I took her into my Pere.° without any
chamfer. The young woman referred mete Mre. l'ullang,
with whom she said the had the lived. That lady refills,'
to sive a character theme. the had already given one. Tho
plaintiff afterwerils maimed that she had had another aitria-
eon. She kit that Lefty. My brother thrummed mu tirat that
abs had lived with Mr. Paterson, and he saw him about her.
Cronsamoined—Mrs. Cunene told me that sho had had
another situation. The plaintiff denied that she had, that
afterwards admitted it.
Mr. Knowles, on the part of the defendant, submitted that
Lis client had maeouthle end probable meow for believing
that the plaintiff had stoke the articles. Ile then called the
following vitneems :
Mr. James Petereon—l am a gentleman of the bar. The
plaintiff entered my service as domestic aervent. On the
Sunday haematite I was awoke by &noise about 0 o'clock in
the rucienhig Ityromeded hoes the bedroom behind where
I wan aleephig. It was like the sole. of some preen moving
about. I homed attentively, and then I heard some per-
ms ce the stairs, I looked at my watch' it was nearly G.
I soca after fell asleep. I woke again about half-poet 7.
I rang the ball, but got no answer. A few minute. after-
ward. I went down stairs. I found the servant was out of
the house. I found that her boxes were gone. I almost im-
mediately went down stain to the parlour, where rho spoon"
and forks were kept. I found one teaspoon and one fork
mining. I found tiro spnow and tire fork., and there ought
to have been six of each. They were kept in a knife-
basket hi the cupboard. Touring that day end the next
two days I made further search. I mimed a petticoat.
(Lenithfer.)
Lord Campbell—Where did you last gee it ? (Laughter.)
Witness—Mr wife linked me to look for the petticoat, and
I could not find it. Ethe metal me in the search, and wo
aloe fourth missiog Fix more petticoats, four parer etockinge,
two yards of black ei k eight yards of diaper, eight yards of
kitchen towelling, a lady's collar, and • lady's hill. Some of
them article. were kept in a spare bedroom. The door me
shut on Saturday night, lint when I got epic the morning I
saw it was open. lam not aware that she hail any orders to
go there. I then desired • policeman to find out where the
young woman had game. When I saw her on Thursday I
asked her why eke hod lett me, and said at the eame time
certain things wore miming, and asked her if the knew any-
thing about them. She said nothing about my wife %neaten-
ing her.
Cross-examined—The spurns sad forks might be veld In
the kitchen. The value of the Magoon' le 3.. 6d. each.
They are elector-plieted. Home had them six months. The
plaintiff slept over the room where I slept.
By the Judge—l made diligent search for the fork and
teaspoon, 1 count distinctly state hew lung before the
Sunday I had MOD them.
Re-examined-1 had seen the dirty shirt, which was miss-
ing, two days before. (Laughter.) It we. kept in a hag. I
do not know who put it there. When I looked in the bog it
was gone.
Mr.. Bateman. the wife of the plaintiff, examined—lt snot
true I held a knife to the plaintiff in a threatening attitude.
I had lath KIM that there were six fork,. and 'non. on the
Saturday rooming. I saw the of the 'even pettirears on the
Thursday previous to her leaving. They were dress petti-
coats.
Lowl Campbell—Crtholines ? (Laughter.)
Witness-0 no, my lord. (Laughter.) I have net
any of %re artieke ALIO', nor obtained any Inform
about them.

sersist Us three weeks after
die Ur I. I big a• diemoam ne o6ir =mat
Oat elm wow that I boil bus

robbed by it therwomm. I wee never robbed before this
mamba. It wee the duty of the plaintiff to put the shirt m
the bag. There ought tolave bees four shirts in the nag,
but I only found three.
Mr. E. James—When did you roe your muter takeoff the
Wilmot (ledgnantiy)—You moan my husband. I have
no meter.
Mr. E. Jamee—Don't get out of
ugtemper or I shall fancy
' you are looking at the kinfaboard. titer.)(La
Lord Campbell, in summing up, mid the two questions fur
4. jury wore, first, whether the goods had been stolen; and
mmt, whether, if they had, the defendant made the charge
= the plaintiff really„belleving it was true. If they
had not been stolen, or that the defendant had
no reseceali or probable canoe Go believing the plaintiff had
taken thews, their verdict would be 'for the plaintiff; but if
=mMion that they ha& been stolen and that the
LiP well have supposed she weethe guilty party,
they ought to find a verdict for the defendant.
The jury, after deliberating in the box for a short time,
returned a verdict for the plaintiff, damages 501.

COURT OF CRIMINAL APPEAL—Nov. 30.
(Preand—The Lord Chief
and
C Justice of the Common
Baron
Pleas,
Justices Be* Williams, rompton, and kir.
Channell.)
ran °VIM v. CI.OaB.—MeTCHII DIALINO.
The Lord Chief Justice, in delivering the judgment of the
court In this ems, mid the prisoner was indicted on a charge
which was set oat in three counts of the indictment, of
having sold to a person named Fitzpatrick a pieta» es an
original picture by Linnell, whereas It was only a copy, and
of having passed it off as an original, by means of having the
name John Linneli" painted in the corner of the picture is
Imitation of the original. The first count charged the pri-
soner with obtaining money by false pretences ; the second
count charged him with a cheat at common law; and the
third count charged him with a cheat at common
law by mom of a forgery. Wo are all of opinion
that this mes no forgery. To constitute a forgery
them must he some document In ; but this
was merely in the nature of a mark to enable the
peaty to identify the picture. With regard to the mutt cm
which the prisoner wilt convicted—the second count, charg-
ing a chess at common law—we think that if a person in the
mums of his trade or business puts a false mark on an arti-
cle, so as to enable him to pees it off as genuine while It is
spurious' end if the article be sold by reason of the fat
mark or token, it is a cheat at common law. We will take,
for instance, a cam mentiiined during the argument. If, as
it was them put, a man sells a gun with the mark of a pa:-
Ceutar maker impressed on it, so as to pass it off as the
genuine manufacture of that maker, be is guilty of a cheat
at common law ' • and, therrl ire, on the second count the pri-
eoner was liable to bo convicted, supporting the indictment
had been mericrly framed. But we think that in this case
the indictment was faulty, Inasmuch as it did not auffitiently
show that by moans of tho false mule or token of which the
prisoner made we ho wee enabled to pass off the picture to
the prosecutor, end thus defraud him. The mart thinks
that the count was faulty, and the conviction therefore can-
not be sustained.
Conviction quashed.

COURT OF BANKRUPTCY.—Nov. 30.
(More Mr. Commiegioner Goo Mora)

IN La. I. ale RERi. .
The bankrupt, derrribrd es a wine-raii;chant, of Kensing-
ton and of Seithwark, applied for his certificate. liie debts
end liabilities are 11,2621. ; assets (contieting of doubtful
debts enly), 7601. The KOfibi were returned at 21. 3.4. 3d.;
expenses upwards of 3,0 M. The Looks bad been Wily kept;
dr...., were omissions Isom the cash-book to the amount of
4,800/. The bankruptcy occurred in October, 111 G; but
owing to the uneuiefectory nature of the accounte, there had
been reerrdl sAjodruments. 10, November, 1834, he was in a
deficiency of 1,7301.
Mr. :X holson, the official assignee, reported that only
MT/. hod been received under the estate. The bankrupt's
penlonal expel:awe M twenty-two months bad been 1,0601.
11 r. llick!ey, for the sesience. off, red no oppnxithn.
Mr. fieurire, on le half of the benkrupo, stated that in
addition t the proffili ribove.nrened, he had received between
7001. and JUL BS a conlinksion anent and a ganger of spirits.
The can had now be. before the court fourteen months and
the priiripal creditor. were nal Wird.
ILs Honour, learning that there woo a prnoy,ect of a plicy
brio.; recorored by thn atisigorm which might 3101,1
c ow-
thing to the rotate, said be would adjourn the owe to await
the r. atilt. If the rile; were given up, tho bankrupt would
hucc credit for ito Leinz dune through hie inotruncntelity,
and on iinunditte certillnte of the third claw mould be
granted. In the DX= time print:Mon would be given for a
week.
- - -

IN RE f.nannx.

This was the etrtiGento meeting in the ewe of J. D.
Gordon, pianoforto manufacturer, of Eldosestreet, Finsbury.
llohts, OWI. ; n-eetll, 40!. ; chfleieney et the conadenemeent
of the emeounts, 3001. The lmbihtiw wire hap, chi, fly on
nceonimalatioa Lids. The bankrupt allekod that ho had
Let 1,0001 by a patent which he had taken out fur improve-
ments in pion..
Al r. Cow, supporta"; there was no oprwition.
, His Ilow•or ml•prndol the estoitiente feels morith• from
the date of the iel;ulication ; when ranted to too of the
third fits,.

quantities of brain Uses among the earth that wee being
carted away.
Charles Merton-1 em • carman, and lived till within the
last few days close to the burial-ground. On Friday, the
18th, I observed portions of broken coffins and begs of
bones time. I perceived a very offensive, sickly smell,
which made me very sick, and seemed to clog up my obese
I had been well previously. On the following Saturday I was
sick twice„ and fuund it necessary to take other lo4ings.
On the 16th the smell wits very offensive indeed. I trace my
sickness to the smell that arose hour the burial-ground.
Cross-examined—The smell made me so ill that I have
not been able to work since. On Tues.:ley, the 17th, my
mouth and face broke out in sores.
James Brown and Thomas Phillips, policemen 166 and
126, mid that on the 18th and 17th of November they
Ruud • most offensive smell which came from the burial-
ground. They 'leo noticed bones In the earth which was
carted away.
J. Dawley gave similar evidence to that of the last two
witneates.
Mr. It. Ritherden—l am cashier in the London Provident
Institution, Bloomffeld-stmt. About • fortnight ago I saw
an immense number of skulls and bones piled up In the
burial-ground. A week later I saw some coffins lying ex-
posed. I complained of this to the foreman, who told ms
they should be put away immediately; he wu only wafting
to make a kola in the wall to take them into the vault.
Thomas Bolchin, constable No 618 eaid—On Friday, the
20th of Number I went to Wolverly-street, Bethnal-
green-road, where I saw • quantity of human beam inter-
mixed with • quantity of black earth. I have some of the
bones hers, and part of • coffin, there feet long and one
foot wide, with the print of part of • human body on
it. James Bradbury pointed this out to me. I ob-
served a very offensive ameU from the earth at the time
this was being taken out. On the 21st of November,
I went to. Victoria-park, where I observed some newly
removed earth, which was deposited by the aide of Sir George
Duckett's Canal, and which was to be used to make the road
with. I found a quantity of bones and pieces of coffins.
Cloth and lining were adhering to the bones. The soil smelt
very offensive. On the Monday following, the 23rd, I again
went to the same place, when a man named John Bradbury
showed me the earth of which I last spoke. The earth fa
being gifted in Wolverley-street, and made into mortar to
build new houses with.
John Bradbury—l am a "shoot/man." I recollect Mr.
Piper's carte bringing the earth to Victoria-park; it wee
dry black mould. I made • oontract with Mr. Piper's fore-
man, and he was to pay me Id. a load for what he brought
there. We bad about 50 or 60 loade of it. I noticed bits of
coffin and bones in the mould. It will be used to make the
read with.
James Bradbury—l am a plasterer. During the laid
fortnight I have been employed in Wolverley-street, where
some new houses are being built. I have run a quantity of
earth carted there. The man said be bad some very good
stuff to make mortar of. Several bushels of bonus were
taken from the earth. Men used to come raking the earth
ever day for the bens., which they took away in tags.
I Rifted some of the earth nverele Some of the bones were
15. 16, and 17 inches lung. 1 Lave also picked up bits of
man. One old " chap" who come there picked up a rare
big bag full of bones. This was the earth I showed to
Dobkin.
Cress-examined—l never tried to sell any of the bones.
I left that to other peotdo.
This closed the case for the prostitution.
Mr. Itobitson, at some length, contended that it was not
an offence at common law to take up bodies in the manner
dercribed by the evidence. No doubt, to take up dud bodice
for solo was a misdemeanour at common low. Ile trusted
the Lord Mayor would think that the ends of justice would
be sufficiently answered by the Inquiry that had taken place,
without sending the ea, to the aewitss.
T:to Lord Mayor mid ho thought it would be aatiaactorr
to all par ita that the case should be submitted to the cold-
di rat am of a jury.
The defendant. nem Inked in the maul way whether they
had any answer to 1111010 to the t Large.
They said they should mama their defence.
They then entered into their 'own reemaniaances in 401.
each to meet the charge at the &whirs.

SOUTHWARK.
The two coloured Kul., lug.tiee slaves from Kentucky,
who wen, originally brought up at this court on ri etaerge of
begging, and who were di,eharged by the cnigiotratc, and
hire tanee received some advice trims Li o and soon Wist.
&nee from the poor.bos, appeared yesterday to state that they
bad Tee, ire le letter from a person at Brighton, offering to
ink° them both into hi, terrine. They handed the Wier to
Mr. Inin barn, and roil tie writer had called that morning,
and wanted them to go to Brighton at once.
Mr. Bun ham olmereeil duet the letter was atrmonims,
and reeenadeadel the girl, to tell the person., if he called on
them re-: ,in, to wait urea him at tile court.
Some further aftitiTLIIICIt was then givon them out of the
contributions wbieh persons interested in tho case have Pre-
war:NA, and en American gentleman in court handed in 21.,
to Le applied in procurinl• them tome warmer clothing.
W. hoe been re-vived from " W." for the poor-bou.
THAMES,

Jdol 60.1rriA, CO If tiro] Brown, TT, the two
constilili a a barged with chm.ing the death of Williams,
sailor, by siolence too arils hire In It at.h hi7b.is ay, were
ren smoked. They had bean remanded to tho re.ult
of the voroner's inquest, whiil took glare yeetenlay, and will
et another phrt of our column,.
The ni,;iatrate, Neer hearing mime evidence, Enid there wan
no ea, .igaingt Sir Owns, end diecharged Liut, and directed
blot tog. into the itnerocb a and Mats what ho knew of
the oath r. then diseherizt d Brown alio, remarking that
the thosetul without any iml•utation on their
ehuriuter.