The Express.
London, England, 1861-12-20 00:00:00

THE EXPRESS, FRIDAY EVENING, DECEMBER 20, 1861.

cheater attending a meeting of the British Association,
when he was shown at the ottice of the Magnetic Telegraph
Compasy a photograph of one of the inetromeats manu-
factured by the defendant, called "The Globe Telegraph."
and a printed urcular referring to it as "H. Wildes Patent,
1461." On the following day Mr. Holmes called as the de-
fendant and complained that he had infringed Professor
heitatone's patent, wha.h the defendant denied, claiming
the instruments manufactured by him as his own itiven-
tine. la August 11461 the defendiut obtained letters patent
for as invention for " Improvements in Electro-Magnetic
Telegraphs, and apparatus connected thtrewith. The
Phalan"' then applied to the Court of Chancery
for an injunction restraining the defendant from
wag hi invention, and the injunction was subsequently
costumed by Vice-Cliancellor Wood, on terms that the
plaintiff should bring an action to try his right. This action
was accordingly brought.
lisiestific evidence was adduced in support of the plain.
titre cuss, and a large number of instruments were pro-
duced in court, with the view of elucidating the explana-
tions of the various witoessee.

The MlNwbieh Ki;;;POCWd will occupy sortie days, was
adjourned to this more*.

COURT OF PROBATE AND DIVORCE.
D. 19.
(Won, Ur Jodie Ordinary.)
CINTIUN r. OrMIN (WIT.) 4.Llfti SRI OCRILI'd PROCTOR

(urnivioniio)7couusiuN.

After oar repeatleft
The in the causes of " Gethin v. Caddo
and Ei is" and "Gethin v. (Whin," were put in. On
the 15th of Julie, DCA Sir Richard filed his petition. Os
the YAW the co-respondent appeared, sod on the 3rd of
August the respordent. On the 3rd of November have was
obtained In the petitioner to substitute the years 3856- ra
for 18rot.rit in the sth paragraph of the petition. Oo the
14th of December Sir Richard applied to have his petition
themes...it. On the 7th of Much lue was ordered to pay the
respoodent, within a week. the sum 301. 15.., being the
amount of her taxed ants. Os the tad of May he was
ordered to pay the co-respondent 151. ifs. Lady Gethin's
pothicia was 51ed on 27th of October, 1&50. On the 7th
of November Su Richard appeared. The came was beard
ea the 18th of April, Dail. and was ordered to stood over
for further proof. On the 15th of June the Queen'. Proctor
obtained leave to intercem.

said would be shown to have been in Jooes's possession on
the night before the murder. On his person were
also found a est of pearl studs, which have been
recognised by the deceased's work-woman as the
property of her deceased master, and as hawing been
usually kept in the drawers upstairs, which had been ran-
sacked. Jones refused to account for these studs. Harrison
swore to Brandrick as one of the this. men upon whom he
pounced. Jukes's footprinte were teased from the town up to
the spot where Harrison disturbed the three men, and hack
again running towards the town. Jukes was arrested in his
house in Bilstou at about live ia the morning. He had just
returned home and his boot., were wet. Jukes and Lille),
had been in custody of the police a few days before, and
their boots had been taken off to be compared with foot-
prints elsewhere. Jones's boots distinctly corresponded
with the marks in the yard of the deceased's house.
Brandrick would be shown to have returned to his home
shortly after the arrest of Jones, accompanied with
Maddox, and they both then walked to Birmingham, where
they stayed all night with Brandrick's aunt. In Birming-
ham Brandrick had plenty of money, and he sent his aunt
to tell his mother where lie was. His mother arrived in
Birmingham on the forenoon of Sunday, and wept over her
son as concerned in the murder. His description bed bees
posted as a ph* notice, sod his relations gave him other
clothes to wear. He wandered about a few days and then
gave himself op. The other men were all arrested
in Balaton, all but Brandrick and Maddox, on
the morning of the murder. All the prisoners
had been in company shortly before the murder, and
there is evidence which brings most of them apparently re-
connoitring Begot'', premises late on the Saturday night.
Maddox, after midnight, is shown to have produced a pistol
to a keel of them, and offering a pistol to either who would
take it, said, " Now, lads, stick stout as lions." At day-
light a bundle of goods that had belonged to the murdered
man war found cot far from Begot'', house.
A number of witnesses were then called to prove the
above facts, and the trial was being proceeded with when
the court ream It will be resumed to-morrow (Friday).

NORTHERN ClRClJlT.—lavzsroca., Day. 19.

Caowx Couirr:H Before Ir. Hiroo Chtmatill.)

The Fisitoitka, father and two eons, were arraigned to-
day upon an indictment charging them with fraud and con.
oPtrbeY•
Mr. Higgin, with whom wits Mr. Holker, appeared for
the prosecution ; and Mr. Leman for the defence.
Mr. Maggie said that the case into which they were to
inquire was well deserving of their most serious attention,
especially occurring, as it did, in the county of Leacester,
the centre of great manufacturing operations ; became
nothing could be of more importance to the enterprise and
commerce of • great country than that all persons should be
able to awn on their business operations without running
the risk of being cheated or swindled out of their
goods by persons whose constant habit appeared to be to
establish themselves in various places for this sole purpose.
The three men at the by were Winkles PtioAteiek (the
fathers, and Witham and John Fishwick (the ions).
It would appear that John Fishwick hod been for some
time in the warehouse of • highly respectable firm in Man-
chester (Mem& Kershaw, LAM% and gidabonkna), and of
course there be would sot cal, have obtained • knowkdge
of the qualities of goods, bet also of the places and modes
of purchase. He left that establishment and for some
time carried os Wainer upon his own account,
but ultimately made some arrangement wish his
creditor's, and then commenced the sena of Brew
lions which formed the subject of complaint.
In December, 1860, John Fishwick entered into arrears-
moots with the other prisoners to take two separate ware-
houses—or in Carrowiatreet, and the other in Dank.
buildiop, m Manchester. At one of these places he carried
on business under the firm of John Fishwick and Co.,
sod at the other wider the firm of Howarth. His mode
of proceeding was to obtain goods first of all in the rod
coulee of business by going to inspect the goods themselves,
and by shipping some of tbeei ; for It was absolutely
easeatial, m • conspiracy like this, that the con-
spirators should assume • footing of credit sad re-
spectability. This might account for some of the goods
being shipped, while it would also account for ad-
verse brag Anther upon them. They appeared in par-
ticular to have gene to two persons, Mr. Heaskaw end Mr.
Whsle, to have ordered goods, sad to have volunteered
a referee% that referee., brag the invariable one given
throughout thin trausetions—vis., Howarth sad Co., and
• firm which weal under the name el 011otien end Armitage.
" O'Brien and Armitage," however, maid net be found, or
were never sees et their pies of and people eon-
esqually celled M the pisee Beak-Lai fop which had
bar bran I. the user of Howarth and Co. Here Was.
Fianna the you gar was always seen, and when gumtree
were said as to the respectability of " Frhwick sad Co."
he would soy, " Oh. they an • highly respectable firm ; we
do business with rem to the extent of 5031. 001001. •
ace* end they_ gay their sooner with the peeler pos-
sible moderky." Upon these emerenem the impiren were
ndide4 ad not may woe the Int trametica completed,
bet others entered into afterwards upon the same
eenditioos. It was • curious fact, however. that
Mr. Howarth, of the firm of Howarth and Co., had never
yet been seen—ot any rat* by the promentioa—and the
learned counsel veetmed to door by eaybody. It was the
theory of the prosecution that the firm of Howarth and Co.
was fictitious from beginning to end ; that there was no
such person es • Mr. Howarth, • meaufsetarte, in the
of Bolles ,• sad that, in Br* "Howarth
ZlllolVrimaJwse ohs Fnhwielt. Then wee boy em-
ployed at the mileblishreent eif Howarth awl Ow and be
would state tint the anly pros he ever saw there was
Willie= Fishwick, the father, and Willis. Flandok, the
sow He bed frinpierly see. John Fisheick there, sad •
good deal of eonespondesoe used to pass between him and
'• Howarth and 0o." Them weld, us fact, be so doubt
that John Fishwick played into the heads of his brother and
father, foe the purpose of swindling the community. It would
appear that this otfice boy received certain instructions that
when perms called and inquired if Mr. Howarth was in,
he was to tell them that Yr. Howarth did not come to
town except spoil a Taseday end Friday ; and it would also
swear that when penmen red to be heard come; up the
stens, the elder prisoner (the father) would withdraw
from or rem to soother while the office boy delivered the
above merespe, and retain after the persons had gone. It
would also be shown that John Fishwick actually
seated his father William, to two persons as TV-.
Howarth," see of these persons being a gentleman mind
Cooper. Cooper asked on who the old man
as, aud John replied, " That's Howarth." Now, if the
jury found that John Fishwick, the arch-conspirator and
designer of all this freed, Weed his father and younger
brother to joie him in the resection of these plans,
in order to obtain goads, there could be no doubt
whatever that these mss were guilty of the charge of con-
spiring together to defraud morn persons of their good..
As an illustration of the way in which the prisoners con-
ducted their holiness, Mr. Higgins mentioned that there
were persons in Manchester who purebred geode at an in-
ferior prase and retailed them Apr while there were also
persons whose bermes it was to risks advances as goods
for a limited time, and if the goods were sot redeemed some
addition' onsunission wee charged ups. the goods. It
would be shown that io several instances goods obtained by
the hoods before mentiened were on the same day or very
era elterwards annoyed to two erablishineets, one kept
by • Mr. Anher, sad the other by a Mr. Gill. He should
he able I. err crams to identify the pods so ooe'veyed, ad
to show that theme persons hail either purchaael them out
and est at ea inferior price or advanced upon them.
Evidence wee then called in support of the above state-
ment. _ _

Hi; lordship summed up, and the jury found ell the
pprrrrooooaatt+stuilly. William Fishwick the elder and William
Isbwick the younger were each seetenced to twelve
months' imprisoemeet. Joho Fishwick (whom his lad-
ship described am the ringleader in the y) to 18
mouths' unprUbounboot ;iu all awes with Lard hour.

CENTRAL CRIMINAL COURT.

OLD COURT.
(Bohn Mr. Justice Bhmokbars.)

Meant M'Larris, 18, letter-cerrier, who had pleaded
"Guilty' to en indictment charging kiln with stealing
from a Poet letter two half-sovereigns, the property of her
MaOsty s Postmaster-General, was brought up to receive
sentemes.
Mr. Janice Blackburn told the prisoner that be could not
Metes to the appeal fur mercy which had been addressed to
the court. He felt the deepest sympathy for the father and
the friends of the prisoner, whose respectability had bean
pet forward in mitigation, but it was a Post-o Moe robbery
of a most serious character, and could not be passed over
lenieutly. On the whole, he felt it his duty to pew upon
the prisoner the usual sentence in such cases, of four years'
penal servitude.
Q.intin WaalmougA,l9, who had also pleaded guilty to
an indictment for stealing four Post lotion, the property
at her Majesty's Postnuater•lieneral, was also troaght up
fur judgment.
Mr. Justice Blackburn remarked that this case differed
rev y materially from the last. In this case the prisoner
had kept heck from &livery several letters, which he had
=l, perhaps with a felonious iatention, but, finding
id Dot costal, soy property of value, bad taken the
letter back, and communicated to his superior *Meer what
he Midden*. Ueda these circumstances he should direct
that the prisoner be kept to hard labour is Iks House of
Correction for all term ofd: mouths.

NEW COURT.
Odors the iteaseder.)
With rofeemeio to the moot Thompson. who wee enWed-
readay tried sad esavkAnd to din court astral** useldst,
mime get, the property of Mr. James Attenboroisik, silver-
el the filtrand, wo an requested to Mato that Mr.
At Ind not inetroctod Mr. (whip tet appear
upon hie for do prosecution, and ties he (Yr.
Atteaberatigh) bad never thresteuad to discharge the shop-
mu who had bees victimised by the prisoner, sad that be
had net given. mar did be coutempkte giving, the shop-
worn anise lowa his service.
Jets lirbr 39, servant, was indicted for unlawfully
oroopirleg with one Louis Billaud to obtain a 'Hustles am
butler in the wriest of Sir John Norton Knatobbull, Bort.,
by mous of • films certificate of diameter.
Kr. Gifford sad Mr. Knatchbull Hopson, conducted the
proescatios ; the prisoner wee undefeaded by counsel.
Mr. K. flugeseen, is the show, of his learned leader,
opened the ere is brief terms, sad called
It J. Keeton Kentskball, the prassalmor, who elated he

resided in ebealuim-place, Belgravia, and at Ashbourne, in
Kent. On the 4th October last he advertised in the rinses
for a butler, and tractive,' a letter from the pregame, offer-
ing himself for the situation, and stating that the last place
he had been is was as knitter to the Duke of Somerset. On
the Bth October the witness saw the primmer in Chesham-
place, when the prisoner stated, in &sower to questions put
to him, that he had last lived in the service of the Duke of
Fionivreet, as butler, and that be had left of his own accord.
The prisoner gave, as a reference to his character, the came
of a Louis BiUaud, who he said was the house steward
to the Duke of Somerset. The proem:Lave then left town
for the country, and subsequently received' a letter
signed and purporting to be written by Louis Billaud, who
styled himself as the house steward of the Duke of
Somerset, in which the writer stated that the prisoner had
been in the same service as butler, and that be bad left the
employment of his own account. The prisoner bad before
stated to the prosecutor that he had not been in any other
service after leaving the Duke of Somerset's establishment.
In consequence of this the prosecutor engaged the prisoner
in the capacity of butler, and accordingly he entered the
service of the pr at his country seat in Kent on the
18th October loot, and remained there until November,
when he was discharged by the prosecutor for drunkenness.
Inquiries were then set on foot as to the character be had
received with the prisoner, which resulted in the application
to the magistrates fora warrant fur the apprehension of the
prisoner on this charge.
The Duchies of Somerset was then called and deposed
that the man Billaud, mentioned in the indictment, was
only butler in her establishment, and had quitted the service
on the 10th August. Whilst in the employment he was
expressly told by her grace that be was not authorised to
give a character to any of the servants. The prisoner Kirby
had been in the service as valet and groom of the chamber,
but left in the month of May last, in consequence of his in-
temperate habits, about which she had spoken to him in
the presence of the man Billaud. Her grace was here
handed a letter, which she identified as having been sent to
her by the primmer, and it which he attempted to explain
the circumstances under which he had been irregular in his
habits, attributing them to family and domestic differences,
and expressing his sorrow for the trouble he bad caused to
his grace and to herself.
The housekeeper in the Somerset family proved that the
prisoner had indulged in habits of intoxication, of which
Billaud was well aware, and which had led to the prisoner's
dismissal from the service.
A witness wee called to prove that subsequent to leaving
the service of the Duke of Some*, the prisoner had been
in the service of tbe Right Hoe. eirt Lowe, from which
he bad been discharged for similar misconduct.
Smith, a detective officer, Is whose lauds the warrant for
the apprehension of the prisoner had been placed, proved
that he had watched the helmet Ballad, and had seen him
and the prisoner in communication with each other. He took
the prisoner into custod, and when searched at the police-
station there was found' upon him a book containing entries
of what Billaud wee to say in reference to his (prisoner's)
character and previous situations. When before the magis-
trate at the Westminster Police-court, the prisocer celled
Billaud as a whasess, and after Billaud bad given his evi-
dence he was ordered into custody, bat he was not now
forthcoming.
The prisoner, when called upon for his defence, entered
into a long ambling statement, in which he mate a frivo-
tom attack upon lady Knatchball, denying that he bad
been drunk hi her earvion, as alleged, and urging that he
did not consider he bad committed any wrong by seeking an
employment in the meaner be bed dom.
The Recorder recapitulated the evidence to the jury, who
immediately returned a main of Guilty, and the prisoner
was sentenced to twelve months' imprisonment, with hard
labour.

THE POLICE COURTS.
MANSION•HOUSE. _

A man who gavel;Winiine as(le;r; Smith, }Hit whose
real name wee William &Dithers, who was brought up on
Monday lut before the Lord Mayor charged with being in
the vaults of the General Pat-office, was brought up
for fin►l examination.

Mr. Peacock, of the solicitor's department of the Post-
office, prosecuted.
It appeared that at about half-put seven oc Sunday
morning last Pulicenonsteblo 4411 went into the vaults of
the Poet-office, and found the prisoner lying on his back
behind • desk, and completely covered over with some begs,
apparently asleep. He mused him up, sod asked him what
he did there, and he said he had you there at it o'clock on
the previous night to sleep. He took him to the sta-
tion, and on searching him found two gimlets upon him.
Police-constable 403 went to look after the vaults in the
absence of the other constable, and found on a shelf near
where the prisoner was detected a small crowbar, which be
produced. He stated to his lordship that there had been
several robberies in the vaults lately, and on one occasion
while on duty there in the morning be saw the prisoner
leave, and asked him what he wanted, when he add he
wanted to see the foreman of the gasfitters. Knowing the
prisoner had been employed as a psfitter's labourer, he
allowed him to go.
The officer now stated that he had discovered where
the prisoner lodged, and found that his real name was
Smatters. He searched his lodgings, and found a number
of tools which were identified by his late employer a his
property.
The Lord Mi.yor said the small crowbar or chisel which
had been produced appeared to him to be • kind of cold
chisel, which had been used with • hammer for the pupae
of cutting, and he thought it was hardly such an implement
as a housebreaker would be in possession of.
Mr. Peacock said • chisel of a similar kind had been left
behind on the occasion of the last robbery.
The prisoner, I. defence, said he was not there with any
wrong intention. . .

Th; Lord Mayor said, taking all the circumstaoces of the
use into considerstioe, there was no doubt he was there for
an unlawful purposes and sentenced him to three months'
imprisonment.
MARLBOROUGIII-STREET.
Two ladies in the costume of Sisters of Mercy, who
represented themselves as " visitors," brought a souther of
children to the court for the purpose of getting them certi-
fied as " destitute," so that they might, under • magi-
strata's ardor, be taken to • Roman catholic establishment,
known as Ides Stanley's school, in York-street, West-
minster, end there brought up and educated. The applies-
lion wan founded on the recent act of parliament which em-
powers a magistrate to send children under 14 years of sis
to an industrial school, if found wandering about the streets
in a state of destitution.

One of the visitors here read frame paper the eases of the
reeabildren then in court, only one of which really he.
to a parish in the district. The children, it was
alleged, were living with very poor relatives, and the "So
ciety " was willing to take the burthen of their maintenance
on themselves.

Mr. Tyrwhitt said he could by no means countenance this
loose proceeding. Here were young children collected from
all mots of the metropolis and brought to that court to be
made over to some charitable institution under a clause
in the new act. But certainly the act never contemplated
such cues, for the children were not wandering and desti-
tute, according to the meaning of the act, but were living
with their friends or relatives. If he gore a decision at once
it might be drawn into a precedent, and attended with cos-
sequenoes which at present he could not foresee. He must
refuse the application, but he did sot say that he might not
be induced to reconsider it if further evidence of a maiden-
tory character wee brought before him. The names of the
visitors are Mim Wanes, 51, Grad Coranpstreet, and Mrs
Harris, of No. le, Charioithotreet.
BEFIVOLZIPC2.—The Omen' Company have soot 251., and
P. O. H. M. for the poor box,

LAMBETH.
Mr. Preelerint Witlimn Salop, {-major of the Ist
Surrey Rifle Volunteers, was char ore the Hon. 0. C.
Norton with attempting to commit suicide.
Unit-Colonel M•Dausold, colonel of the prisoner's corps,
was present during the inveatigation.
Mr. William Hoary Thomas, a gentleman belonging to
the Ist Surrey, said that on the evening of Thursday, the
12th indent, while approaching the headquarters of the
corps, in Hanover-park, Rye-lane. Peckham, he heard the
report of a gun or pistol, and immediately after was told
that Sergeant-Major Heelop had shot himasH. He in conse-
quence hastened into the building, and there found the pd.
weer lying on the ground, with his net thrown open,
his shirt slightly stained with blood and partly burned, sad
• wound on the left breed, such as a bullet would have
mule. On seeing him the prisoner said he was very glad
he had come, and that be should not be with him long.
He (Mr. Thome.) instantly sent fora medical man, and one
attended, and in the interim he looked for the instrument
from which the ball had been fired, and found the pistol in
possession of the police inspector some distance from
where Mr. Heston lay and which he must have thrown
from his hand after he had disch it.
In reply to the question of Mr arged. Norton the witness said
the prisoner told him he had just lost his sister, and that
this and his being about to leave the corps ti's next day made
him very unhappy. The prisoser was not intoxicated at
the time, though he was much excited, and had evidently
been drinking.
Dr. Griffiths said he saw Mr. Heslop in his rooms at
the headquarters of his eaeps On examining him
he found • 'light wsssd on the left breast,
which be learned had been caused by a ballet
fired from • pistol. The bell appeared to have been
diverted from his body by the braid on his uniform coat, so
that it struck the breast obliquely, and Wood in the lining
of the coat itself. The priestlll.o him (Dr. Griffiths) no
reason for doing it, but at drat slid be ens sorry be bad not
succeeded in his object. At that Yin however, he was
under the influence of drink, and lees them his feeling had
undergone a great change. He bad been visited by the
Rev. Dr. Moore, and now expreined himself extremely sorry
for what he had done.
The prisoner said he was truly sorry for the way hurni-
Hating position in which he was placed, and should never
again attempt such an act of folly and wickedness.
Mr. Norton observed that be ought to be truly grateful
to the Almighty for his providential escape from self-mur-
der, and hoped be would never again think of an Ad so up-
' like that of a soldier.

Colonel M1)onoold said he cordially joined hi woaship
in all he had mid. and added that from what he knew of
Mr. Heelop, he believed that any promise his'lnaile he
would scrupulously keep.
The prisoner repeated his solemn promise never tO repeat
the act, sad was discharvd.
The POOlll-1101.-11r. Norton requested our reporter to
acknowledge the receipt of a cheque for 251., the annual
donation of the Grocers' Company, to the poor-box of this
court.