The Express.
London, England, 1861-07-11 00:00:00

THE EXPRESS, THURSDAY trENING, JULY 11, 1861

After some converse...4a the committee divided :
Tow the amendment
Apiaet it
The deuse was then amid to.
Clg elms 3,
Mr. HENLEY hoped that the right boo. geedeman
Wald strike out that portion which pve a part of the
penalties to the informer. (Hear, bear.)
Mr. LOWE consented to omit the words.
Mr. DUNCOMBE said the smendments which had been
made in the hill left ths los exsetle ss it stood before. The
101 l would be timed to Iss a most Manama one, and all their
time in passing it bad beau wasted. (Hear.)
The rein.daring clauses were agreed to, and the house re-
sumed.

THE METROPOLIS LOCAL MANAGEMENT ACTS

xesDNENT BILL
the onler for the •iecoorl reetding
TITS ...idreedinQ,
the bill was introdn'cod in 114.59, in order
that it might he printed and circulated. It wee in the
winter of that rear fully considered, and in the session of
Ireio it was referred to a select committee, carefully con.
eidered, and reported upon, and the bill before the house
was the bill recommended. The bill was for the amend-
ment of the art of lw.. Under the old commissions

two large sums of money were borrowed for man drainage
works. One sum of 21111,000/. would have to be paid in
llers and it was desired to make proclaim for doing so.
The ether sum was 110,000/.. and it was coweidered that
this ought to be app.rtisased among the parishes. but some
of them—Camberwell and Bermondsey among them—ob-
jected to be chsrged. He would say shortly, in answer to
the charges mask molest the beard, that thehad per-
formed works of enormous difficulties, and it would be ridi-
culous un his put to attempt to reply to charges so frivo.
bus and unfounded. The bill would give larger remedies
to the board to collect their rate. in cue the parishes re.
fused to do and he hoped the bolus would agree to the
steed reading.
Mr. LOCK::: said the hon. member had stated there was
ao objection to this hill. But when the bill was brought on
Mere were out 40:umbers present, and it ought to have
been brought on in a full house. teeing that it involved •
large expenditure, and the taxatioc of 3,000,000 of
rode. He had seen no reason to alter his opinion,
Mat this was a most important measure, and that it ought
to be in the hand, of the government. The constitution of
the Metropolitan Board was eminently vicious, sod, in-
stead of giving the ni.mhers of it large powers, one of the
Est things the house ought to do would be to abolish it, or
to reform the constitution in the mode of election of the
wriaber• He contended that the members of the board
wore sot elected by the ratepayers. They were
elorted by the vestries, who were elected by the
ratepayers, but that was a principle of election
which he disapproved of. The people of the metro-
polis hail no confidence in a body which they did not
elect. MO exaru.nation of witnesses, which occupied 17
days, before the committee, clearly showed that the mode
of election of members to the board was greatly objected
to. The bill bad no clause in it to meet the views of the
ratepayen. whose representatives the board professed to be,
and that ground alone war sufficient for him to demand •
postponement of the measure to another session. The
board was mining counter to • decision of • committee of
the House of Commons. and therefore the second reading
ought not to be agreed to cm this occasion.
The hon. member was proceeding with his speech again.=
the bill, when he was called to order? a quarter to 6 o'clock
IlavieK arrived, and the debate was in consequence thereof
adjourned.
THE PUBLIC-HOUSE A IIIIOMTLAND) ACTS ARENA).

MINT BILL.
TLii bill was raferreilte a edict committee.
SUPPLY.—REPORT.

Mr. MASSEY brought up the report of the supply
mated on Prolev night, but in consequence of
Colonel FRESTIOI objecting to prouediog with its con-
sideration,
. . . .

The report was postposed to a future day.
THE TURNPIKE ACM CONTINUANCE BILL.

TM ;4« for
the thud tesdi g of this bill arse du-
alberged, sad the bill ordered to be re-committed.

SPORTING INTELLIGENCE.

LIVERPOOL RACES.—TtresDAY.
ADDMONAL ragnams.m.
TIM CROITI7III TSUI fitalJll (Handicap) of 5 sore. each,
with 40 added. Fire furlongs.
M.r. Barber's Ellen, by Idle Boy. tyre, 74 21b . Entwistle, 1
Cape!deadens Raper. 3 yrs, 7st 7lb •. • A. Edwards) 2
Mr. Pllllllye's Deserter, 3 yrs, ast 111 b R. Drintshaw)
Mr. Reed's Bonne Boache. 4 yes. 74...
Betties; : 5 to 2 on He/ per, 3 to 1 apt Ellen, and 5 to 1
apt each al the others (offered). Vu in a center by MS
leagths ; two length, between the second and third.
Tal GIRAT LANCASHIIII PIioDUCK STAKES of 10 mem
each, with 100 added, for 2.yr•olda ; colts, Bst 71b ; Men
Bst 41b. T. Y.C.
Mr. Williams's Yea de Joie, by Longbow, Bst 4lb
N. Osborne. 1
Mr. Hunt's t by Longbow—Sister to Stafford. bat 411,
Kendall) I
Mr. Windsor's Letty Lon a. Bst alb (L. Snowden? 3
Mr. ]berry's Costa. bet lull, 'lnc. Sib extra (Custancin
Mr. M. Dawson's :SUL Set 4lb 'J. Dater) e
Mr. Clerk's c by Sweetmeat—ltald of Lyme. 84 71b
lOrlmsbawi I
Mr. Wilkinson's Gaiety. Bet 411,
Betting 5t04 on C.ode, 5 to 1 apt Feu de Joie, 7 tel
apt Las, sad 8 to 1 apt ally other (offered). Won by a
length and a hall ; half a length between the second and
third.

Has NM1...1TT% PLATS a 100 Villain. TWO miles.
Colonel To Yorininster, by Newmlnator, 3 yrs,
3lb 4J. nnowdsn, I
Mr. Veroon's Elnnalrd, 3 yes, 844 lib J Osborne) I
Mr. Rope's Chimer, 4 yrs, 9st 71b (Kendall) S
No betting. Won by • larigth ; • bad third.
Tan BIOMNCIE Trartroxhu. (Handicap), of 10 sows. earl,
a with • piece of plate, value 100 mom, added. One mile asd
half.
Mr. Mims's lviushoff, by Mosoorka, S yrs, est 1111)
Doyle) I
Mr. Slurry's Sir Malkin. 4 yes, Ist lolb (Custaltee
Mr. Williams's Mars Ark, 6 yrs, 74 Grlmsban
Betting : Even on Sir William, and 11 to 10 apt Im-
hoff. Won by two length, ; the same between the second
and third.

THE SEFTON STAMM of 30 mom. each, for 3.yr-old fillies.
One mile sad a quarter.
Mr. Sasoo's Brown Duchess. by the Fly tog Dutchman,
est 71b •L. Snowden w.o.

w/SMIL4DAI.

A HANDICAP PLAIT Dili TK;;Z; for all ape. Five fur-

10. -,,
Mr. Smith's Sheffield, by Annsndigs, 6 yrs, Tst Mb
Mr. Bather's Elks, 4 yrs, let 21b a
Mr. Williams's Ran ATM, 6 yrs, lit SD 3
TIM LIVERPOOL Cur, in specie, vales WO OWL, added to
a handicap sweepstakes of 25 most seek. Two masa
Colonel Towseley's Doefoot, by King at Trumps, SI yrs,
Cat 12Ib
Mr. O'Hara's Iranbelf, 3 yrs, TM flb (Ise. Mb extra)
Mr. Iledgemes Helms, 6 yrs, Tst
Mr. Merry's Musky, 3 yrs. 7st 6lb (Inc. bib extra. 4

ILabs linttlltgeeut.

COURT OF COMMON PLRAS —Juts 10.
Sittings as Nisi Prins it Lendoe.—(Before Lord Met
Justice Me and a Special Jury.)
ALLEN r. THE DERE OE CANBIUDGE—EAUM EUPEINONNIENT.
The plaintiff, Lieutenant William Henry eniVea Allen.
claimed damages from his Royal Higher. the Duke of
Carnbrike for false imprisonment, in 'tartan been maillned
in Newgate and the Queen's prisoo, under circumstances
which hare already appeared Wore the public.
_ _ _ _ _

Mr. &grant Shea and Mr. J. Browne appeared for the
plaintiff • and the Attorney-General, Mr. Mellor, Q.C.,
sad Mr. Welaby were for his Royal Highness

Mr. &dent`Slier said that the plaintiff was 22 years of
age. He wee a lieutenant in the 82nd Foot, and he was
the son of the Rev. Henry Allen vicar of Fatchain,and Chap-
lain of her Majeety's forces at ltrighton. The impvmment
'
complained of was from the 23rd to the 28th of uly, 1880,
in Newgate and from the 28th of July to the 24th of No-
vember in the Queen's prison. The warrant was signed by
the Adjutant-General, by order of his Royal Highness, sad
it stated that the plaintiff had been sentenced to four
years imprisonment for murdering a native of India, who
was his servant, whilst, in fact, he had been convicted of
manslaughter; and between those two crimes, as Lord Ellen.
borough said, " a whole ocean rolls." There would on
the present occasion be no doubt about the informality of
the warrant, which was informal in other respects than
that he had mentioned, because the Court of Queen's
Bench had hold it to be bad, and discharged the plaintiff
from custody.

Lientenant Allen stated his services in the army, and
added that in November, 1859, he was convicted by court-
martial, but after his conviction the officers associated with
him as before. His superior officer lent him his hone to
convey him to Fort Agra. Whilst eonfined in that fort, the
only restriction upon him was that be was not to go out of
it. He was treated in the same lenient manner at Fort
William, and on the voyage home he was in precisely the
same position as any other cabin passenger. In Newgate,
however, he was placed in solitary confinement, and fed on
the prison diet, sod in the Queen's prison he was treated
the same as the other prisoners.
. - - - -

Crowexamined—He had obtained a commission in the
army, without purchase, through the Duke of Cambridge.
He sm. kept eepersto from the other prisoners in Newgate,
and was allowed to weer his own clothes, but he bad to go
to morning chapel with the other prisoners. He had an
extra allowance of half a pint of milk a day there. Before
he went to Newgate he was confined at Weoion, and he had
tried an action against the governor of that prison and
obtained damages. Write had also been ;rand but be
believed proceedings were not going on spinet Lord
Ebert, General Wetherell, late adjutant-general;
General Scariest, the present adjutant-general; General
Eyre, comromding at Chatham, witness having been put
tinder close arrest for a week there ; Colonel Gordon,
brigade-major at Chatham ; Mr. Bromley, governor of
M' bank prison, where witness was confined for three
weeks ; Mr. Jonas, governor of Newgate ; and he did not
know whether there bad not been a writ against Mr. Hudson,
governor of the Queen's prison.
Mr. Foulger, the plaintiff's attorney, said no cock had
been incurred in any action except in the present one, that
wind the governor of Weedou poi, and that against
General Evre which went m faros notion of trial, but which
notice was countermanded. It was not known at first
whom to sue, at.d the statute required that any action com-
menced must be brought within six months. An offer had
been made to the government to consolidate all the actions.

This was the pliantitrs case, and no evidence was given on
behalf of his Royal Highness.
The Attorney-General, however, addressed the jm,, and
dated that whatever the legal liability of his Royd High-
ness, it was admitted by hie learned Inewl that no defend-
ant who ever same into a court of justice wee lees blame-
worthy ; and, indeed, the liability of his Royal Highness was
ally a legal and technical one. It was strictly true then
the charge upon which Lieutenant Allen was brought before
the court-martial was, as was stated in the warrant, that
d murder, though he was only found guilty of the minor
though most serious crime of manslaughter ; and Lord
=staving been appealed to, stated that be could not
the " severs, but just," sentence, which bad been
rillt wee a task great difiloulty to decide whether
of
warrant was in proper farm or not, and so far from the
*ant( having sustained damage by its being informal,
bat for that informality he would, if be bad lived
so long, have been baking alive in the fort of Agra
until November 1863, instead of walking about the streets
of London a free man.

His Lordship, is summing up, said that it being admitted
on both sides that the warrant under which the plaintiff
was confined in Newnste sad the Queen's prison woe not a
Impel document, the only question was one of damages,
which it was for the jury to award upon due consideration
of all the eirctunstancees4 the ease. As far as he weld

understand the decision of the Court of Queen's Bench, the
effect of it woe ail', that if Lord Clyde, instead of ordering
the plaintiff to be delivered into military custody and con-
veyed to England, had gone on to Bs the place of hie coo.
finement—soch as Nougat., for instance —rn Newpte the
plaintiff would DOW be. According to the Mutiny Act, Lord
Clyde should have designated the place of his confinement.

Mr. Brown* said that thaw wai another point raked in
the Queen's Bench, whether there was any power to bring
the plaintiff to Elegised at all.
Yr. Serjeaiei Shee, whilst the jury were away considering
their verdict, said it was not eras contended before the
Queues Bench that Lord Clyde could hare directed the
piasters confinement in England.
After a short absence the jury returned into court, and
fouled a verdict for plaintiff—dainages, 2001.
Mr. Welthy applied for a stay of execution, but his lonl-
ship declined to interfere.
In the count) of the case the Duke of Cambridge and also
Lord Clyde oame into coed, and sat on the Queen's counsel

• .1 •

pass she was about to bs waned. After prisoner bad got
into the room, witness, saspeetlag something was
offered to send a midwife to her ; that she declined, and
witness, at a later period, insisted on going into the room,
sad then the prisoner showed her the child, sad mid she
bad not long been confined. Witness told her she was sot
fool enough to believe a story like that, as she could see the
child wee at least two or three months old. Prisoner then
" I will tell yon the truth—the child is mine, but 1
found myself in the family way when I was married, but I
did not wish my husband to know it, and I have kept the
child at my mother's, and brought it home to make him be-
neve it was his."
It did not transpire how the police discovered where the
child was.
The prisoner cried bitterly, end now said a woman having
given her the child in the Lower-road, Deptford, she took it
home and treated it very kindly, and bought a bottle to
give it milk out of.
The jury found her Guilty ; and in answer to a question,
it was stated moat positively that the child had not been
taken for the purpose of begging.
The Recorder said it was a most extraordinary case. At
the same time it was a most creel one, as it must have
caused great pain and suffering to the mother of the child.
Mr. Kemp said that she had been so dangerously ill in
consequence, the ease was postponed from last sessions.
The Recorder saki he was at a lass to conceive what mo-
tive she had for committing the offence, unless it was her
love of children, and he should take time to consider what,
sentence he should um
Herman Joseph Moll, 73, clerk, pleaded guilty to an in-
dictment, charging him with forging an order for the pay-
ment of 1071.95. with intent to defraud Henry Christopher
Roberta and others. •
Mr. Sleigh appeared for the tion on the part of
the Bankers' Association, mid the prisoner had
been confidential clerk to Mr. Vial, a Wait India mer-
chant and Belgian consul, and had been with him about four
years, and left en September kit. The frauds had
been oommitted by moans of a false pass-book, which his
pee to his employers, and thereby prevented the latter
knowing the exact state of his account at the prosecutors',
the well-known bankers.
Mr. Vich said the prisoner's defalcations amounted to
several thousand pounds.
The prisoner briefly addressed the court. and said the
facilities afforded him at Messrs. Roberta' induced him to
commit the crime, and
He was sentenced to ten years' penal servitude.
Those court. mat until late in the evening.

THE POLICE COURTS.
GREENWICH.

Sarah Rutley, the manager of en eating•house in Silver-
street, Greenwich, was charged with causing the death of
Mary WC.athern, a middle-aged woman, and employed by
her as cook, by knocking her down.
- . .• • • • •

Wm Burchall, proprietor of the eating-home in question,
said he maw the deceased last alive about five minutes after
12 on Friday morning last. She then appeared to him to
be a little the worse for liquor. On returning to the house
in the afternoon, about 3 o dock, be saw the prisoner and
two young women sitting at dinner in the kitchen. He re-
marked that be wee glad to see them so comfortable, when
the primmer replied, " Not so oomfortable as you might
think, seeing that the cookie lying there drunk.' de then
went round and saw the deceased, widen touching her found
she was dead. A medical man was sent for, who pronounced
life extinct.
Ellen De Groner, wife of a confectioner, said she resided
in the house adjoining that of the prisoner. On Friday
afternoon last, between one and two o'clock, she was in her
back kitchen, when she beard the prisoner quarrelling with
the deemed about some washing. The primmer Nomad
deceased of neglecting the work, and said she would get
some one else to do it. She then heard the prisoner rosh at
and beat the demeatd. All the words ale remembered tits
prisoner my were, „Yon old at I" The deceased said,
Can't you leave me alone At the time of the prisoner
beating deceased she beard a heavy fall. After that there
was a dead silence. I then Mud the prisoner tell a child
belonging to a young woman maid Welsh, who lived in
the house, to go to a neighbouring publio-hones and tell her
mother that a gentleman wanted her. The Mild went, and
it was then mot for soother lieemele living in the sum
street. She afterward, heard the prisoner and the child's
mother laughing together. Witme had • emotion to leave
home for London at two o'clock, and on returning at eight
in the evening she heard that the dammed had been found
se demeribuL
The prisoner, in answer to the magistrate, declared this
statement to be false.
Nary Ciateley, shopkeeper in the earns street, said that
at ten o'clock on Maw the deemed same to her
house, and she pee her • cop d tee, the Messed remark-
hog that her own fin Mimi, out. Deemed was perfectly
sober at that VIOL Witness saw her twice afterwards pass
her home, the lass time at twisty Wastes to one, when she
nodded to her, and appeared mbar. About 4 o'clock wittier
saw her lying dead is the kitchen of the prisomr's bones.
The prisoner told her that deemed was drunk and bad
fallen down and not moved afterward'. Witness *herniate
the prisoner that she was telling Metes, as she had bees
given to understand that Mrs, Mrdek's And hod stated
that she (prisoner) bad knocked the deemed dawn and
killed her. The prisoner replied that she bad done nothing
of the kind. The child thee east in, and, in the prisoners
bearing, maim asked her if she had sot said the prisoner
bad knocked the cook dawn end killed her. The child re-
ctr. bad, mina the modem themeseed to beat her.
tell the mother she Medd set beat the child in
her sad the child the said, " Yes, HIS. Nutley
did knock mak down."
After MINI healer evidence Mr. Mande remanded the
prisoner, sad rotund an applioatios to admit her to bail.

THE KINGSWOOD MURDER.

Yeaterday an answer was received at the Foreign-
aloe from Dresden, to the effect that Franz, the owner of
the book found in the room where the murder was com-
mitted, left Konigatein, in Saxony, in the month of April
last, sines which time nothing has been heard of him there ;
that he bore as indifferent character, and that he has
been in custody before. It is sot, however, stated for
what offence he had previously been apprehended ; but
full particulars are promised to be sent immediately.
A report has recently bees in circulation that the prieoner's
accomplice, calling himself Khron, and who is known also to
give the names of " Ahlboni" sod " Jeretzky," had been
apprehended at Dridleld in Yorkshire. We regret this is
not the case. It is true that • young man was appre-
hended at Driffield for being concerned in • burglary. He
was a foreigner, and seemed to the local police to answer
the description circulated of Mixon. Information of the
capture was forwarded to Sootlandiard; and Mr. Beshford,
who had seen the two Germans together at Bei* ate on the
day of the murder, and Mr. Gilloaary, belonging to the
lodging-house in Weotworthetreet, Virhitechspel, where
Franz and his companion arrived two days after the
Murder, were despatched to Driffleld. They at once decided
that the man in custody was not the one " wanted."
The police have, however, succeeded in obtaining most
valuable evidence as connecting the two together. They
have ascertained that • short time subsequent to the mur-
der Khroc applied to a foreign gentleman in the City for
relief, stating that he wee toss great distress and wished to
get back to Germany—that his name was Julius Ahlborn,
the son of a Jewish teacher or schoolmaster at Breslau, in
Silesia—and that some time back be himself had been in
the employ of a person named Josephson, • furrier, at Ham-
burg. 'Ma gentleman alluded to, believing his story, and
sympathising with his apparent distressed condition, gave
him tea shillings and a free pass to Hamburg by • steam
' vessel which was leaving London for that place on the next
day ; but he did not proceed there, as the pass referred to
was found two the prisoner Franz when apprehended.