The Express.
London, England, 1857-07-18 00:00:00

Mr. Chambers said no doubt that mince these proeeedinge
Mr. Smith had married Miss lfille ; but the question for the
jury was whether this was the original object, and whether
the agreement was not intended ea a fraud upon
folios Hills to induct her to continue her disgraceful
connexion with the defendant, and whether Mr.
Cutts had net merely acted as the go•lote en for
that object. The learned counsel then proceeded to
state that the moment Mr. Shepherd saw the ay. ontent in
question he at once preferred an indictment, which was
found by the grand jury, and the ease would have come on
for trial at the last assizes but fur the illness of Mae 11111.,
and since th it time Mr. Smith, moot probably in consequence
of the proccoliugs that had been taken by Mr. Shepherd, had
married the young lady. This ciremastance had, however,
created a difficulty in carrying out the prosecution, because
it was doubtful whether, as Ler huettond was ono of the de-
fendants, Mrs. Smith could be called upon to give
evidence aguinot him. Ho therefore propwed to con-
sent to a verdiet of acquittal being taken as far
sa regarded Mr. Smith, sad he should then proceed with the
case against Mr. Cutts, who, it appotred to him, WAS the
moot to blame in the transaction and who, so an attorney,
ought to have known better than to mix himself up with
such a proceeding.
The Loot Chief Baron inquired whether Mr. Cults did
nut appear to have acted all Wong as the attorney far Mr.
Smith y

klr. Chamber,' raid no doubt ho had; hut he WAS still
liable for the cousequences of any criminal act he !alight have
touttniued.
Tlio Lord Chief Mien observed that if Mr. Cutts bad done
wrung thorn were other anodes of punishing Los without hav-
ing moors° to such a proceeding as this.
Mr. Chambers said he could not withdraw from the
prosecution, and he span asked his lordship to permit the
auggiattion he had made, to take a verdict of not guilty in
the cap of Mr. Smith, and to proceed against Mr. Cutts only,
when Miss lull, evidence would be duly aihnisable to be
carried out.
The Lord Chief Baron mid there could be no doubt that en
far as Mr. Smith was cencernict there had been a complete
condonation of the efface by his marrying the young lady ;
and ho put it to the loomed counsel whether ho thought,
under the circlunstaneos as ho had declared theca in his
opening to the jury, it would not be great cruelty to the
young lody, and if any prospect of domestic happiness for bet
existed the proceeding of c ing ber as • witness would not
tend entirely to destroy that prospect, and that, therefore,
the matter ought not to proceed any further
Mr. Chambers mid that he felt the force of the observa-
tions that had btu wade by the learned judge, but ha was
bound by his instructions to pr coed against Mr. Colts, and
be should be onmpelkal to call Mn.. Smith to give evidence.
The Lord Chlnf Baron then said he should take upon him-
self. not only as a matter of law, but also having regard to
the public interest arid the feelings of the parties, to decide
that Mrs. Smith was not &competent witness. It she were
tzsmined at all she tuuat give evidence oquAlly against her
huphand as against Mr. Cutts, and he should therefore role
that she could not be examined.

11..cilZeigZiiaTiiI.ras his lordship's opinion it
would be useless for hint to proceed farther, or to call any
evidenoo, as the case rested almost entirely upon the evidence
of the young lady, who wee the only person present when
the agreement wee given.
The jury then returned a verdict of.Nof Ctiitty.

OXFORD CIRCUIT.—WORCESTEn, RLT 17.
CROWN COURT.
(Before Baron Natio.

TIIG XTDDitIMINSTELt ELECTION RIOTGILI.
The grand jury have returned true bills wriest twenty o
the rioters at the Kidderminster election and the attack upon
the Right lion. It Lowe. The charge, as reported in the
calendar, is that of " unlawfully assembling with divers other
persons to the number of three or more, to disturb the
public peace, and riotously making a greet noise, riot. and
Ill:A/R=0* at Kiddenninater, on the 28th March, 18.57."
the grand jury, however, have ignored the bilk pre.ented
regainst Mr. Alfred Talbot, gentlemen ; John Burnett, John
Smith, and James Williams, fur the riot at the close of the
election, and against eight others for a riot and essault ea
the town. The trial is expected to come on to-morrow. Vas
Soticitor•6 nerd and Mr. Settle conduct the prosecution •
end Mr. liudilloaton, 4 C., and Mr. Byrne defend th;
accused.