The Express.
London, England, 1850-04-03 00:00:00

ASSIZE INTELLIGENCE.

HOME CIRCUIT.—YINospoN, APRIL 2.
clown ftea.—goons Ma. looms Keene.
Moans&
Morton Denny, 32, was indicted for the wilful murder of
a certain unbsptieed male child, by stabbing it in the throat
acwimiriiilmAU:sl7l:naiircicotiuseanstifeEtedEliswiteuteuT.atTrehnwas originally' Included
in the charge, but the grand jury ignored the bill
prisonerprosecution enwa behalfwas
ef e
defended
do fe d theby
au.Bw.T, slibl.leearsofonnedothwe cointug:thsevolidifeorAnceugthweumprt
font,oseaddcuucitiodn:having opened the
Anne Danford stated that she was a widow, and resided at
consequence of some
oonansunkation that was made le n e
eaher, she went, accom-
panied by Sarah Trigg and another person, to a loft
over a yard belonging to • person named Mo re, at
Ewell. She there saw a woman, named Eliza Thereat,
lying apparently In a helpless state, with a new-born babe
by her side. She observed that the child bled from the nose
and mouth, and none of the usual precautions in such
cases had been taken with respect to it. The prisoner wee
also in the loft, but at witness's suggestion he went away.
She remained in attendance upon Eliza Tarrent about an
hour, end witness's daughter then took the child to her
house. The child was carried down the ladder leading frem
the loft by one of the women, and not by the prisoner.
Witness shortly afterwards washed the baby, and then ob-
served a wound on the neck, and she also saw that it was
bruised upon the body. After she had done what she consi-
dered necessary to the child she took it back to its mother,
and it died about an hour afterwards. The prisoner then
went away and made a coffin, and he said it must be buried.
Witness told him it would be necessary to have the death
registered, and he made some answer which she did not hear.
Mr. Lane, the surgeon, afterwards came to the loft, when she
showed him the holy et the longue.
Cross-examined—The prisoner fetched her to go and see
Eliza Tarrent. She was lying upon straw in the loft, and
the chik's thrtat appeared to have been seratchen by the
litter that was lying about. She stated this at the elms.
The prisoner went with her to a gentleman's house in the
neighbourhood to get some linen ter Eliza Tarrent. She
remembered saying to the prisoner that she did not think
the poor thing would live, and he replied, " It will be •
happy thing, for it can never go better than now, with no
sins to answer for."
James Denny, a son of the prisoner, was then placed in
the witness box to be examined. He stated that he was
eight years old.
Mr. Justice Mauls put some questions to him with a view
to ascertain whether he could properly be examined upon
oath. He stated that he could say his AB C, but he did
not go to school. lie appeared to be an intelligent child for
his years, end the learned judge eventually decided that the
oath should be administered to him, and that his evidence
should be taken.
He was acoordingly examined. He said—The prisoner hi
my father. Eliza Tarrent used to live with my father. We
all lived together in the hay loft at Ewell. I recollect Elea
Tarrent having a baby ; I went to my father when it hap-
pened, and told him to come home directly, as mother wee
very ill, and he del so. When we got back I saw Eliza
Tarrent bieg in the loft, and a baby by her. My father
took up the baby in his arms; he then took up an awl—
(here the pe:r child became much affected, and cried bit-
terly, and it was some time before he could proceed with his
testimony ; at length he went on)—my father took up the
awl, and killed the baby with it ; he struck the awl into its
throat. The baby cried when he struck it with the awl.
My father then to.k the child to Eliza Tartest, and caked
her if he should make a coffin fey it. Before he said this Le
inked her If she would help to kill it, and gave her the awl.
She did try to kill it also. My father peva her the child and
the awl, and she did the same that he had done. I was very
much frightened at what I saw, and ran away, and when I
came beck I found Eliza Tarrent in bed.
Croesvxamined—wha. my father has been in custody
I have been in the union workhouse. I could not say my
alphabet when I was first taken to the workhouse. I can
say the Lord's Prayer. (He did so at the re quest of Mr.
Clerk.) My motittr taught me the Lard's Prayer. My
father made the coffin the day after he kited the baby. I
did not tell this store until after I had been in the work-
house. lam sure Eliza Tarrent did something with the awl
to the baby's threat.
Eliza Tarrent, the woman referred to, was then cal'ed as
a witness. She appeared to be very weak and ill, and it
was found necessary to allow her to be seated while she
was giving her testimony. She deposed as follows: I am
a single woman, but for tea last two years I have :men
living with the prisoner as his wi'e. I.le was in the ser-
vice of Mr. Moore, who is a farmer, in Augu,t last,
and we occupied ore of his lofts. I was delivered of a child
in that month. Before I was delivered I bought a pito./ of
cotton print to make clothes for the baby, and the prisoner
tore it, and threatened me, and made use of very bad lan-
guage, and said that I should not have ti.e s' WI to make up
for the baby. This was about a month before :he child woe
born. I had bought the print with money of my own which
I had saved. The child was born on the 6th of August.
On the morning of that day I had taken the prisoner his
breakfast, and whet, I returned I became very ill, and soon
afterwards I was dt;i,Ert.d. No one was pees nt at the time,
but the prig:leer's son, end I sent him to fetch his father,
and they both returned tocrethtr. When the prisoner came
into the loft I was .ying upon some hay with the child, and
he came and took ue the chill and carried it to the other
end of the I dr, and I saw him hurt it. There were several
awls in the loft, and the prisoner took up tnt, and stuck it
into the child's throat. I woe lying down at the time. I
Paw the awl again the same Jay. Very soon after this, Mrs.
Tregg and Mn. Dual .rd come into the loft, and the child
was taken away.
The prisoner's son was then re-carved, and in answer to
further questions that were put to him, be said that when
his father struck the child a ith the awl, he was standing
close by the window, and so was his father ; acd he said
that both his lather and Elie s Tarrent knew that he was in
the loft. He was not hid in any way, and tht yr must have
both e :en him. Ha did not say anythcog when he saw his
father stick the baby with the awl.
Sash Trigg deposed that the was a widow, and resided at
Ewell Oa the 16th August she met the prisoeer near to
Mr. Moore's premises, about four o'clock in !he afternoon,
and he asked me to go with him to the loft, and she did
so. She there saw Eliza Tarrent lying upon lone bay,
with a chill on her lap, and she observed • small quantity
of blood upon its nose end lip, and it erred very hoarsely,
as though it bad a tad cell. She had never Lord a child
cry in the same manner before. It made a sort of pe caller
noise in its throat. The next morning, when she again went
to the loft, she found the child was dead.
Circsa examined—Witness had sail to Mrs. Tunford that
Abe did not observe any mark on Oa throat, end if there
bad been_cne she must have seen it.
. .

Nary Butikisr.d, the deught.ref On witness Datif.rd,
deposed to having tak,n the baby to her house, wrappud in
a shawl. She sew blood tliwing from its nose and mouth,
end noticed that it made a viry curiaus cols/ in its throat.
She also said that she observed a mark on the neck of the
child, which at the time she thought was a scratch from
the hey or straw in which it had b-en !Tice. She likewise
stated, that when the prisor er was told to go to the clerk to
see about burying the child, be replied, " It will be about •
shilling. I can make the coffin myself."
Crose-examined.--Very little blood appeared to have
flowed from the wound on the neck of the child.

Serpent Kennedy, of the B division of police, said that ho
was present at the inquest upon the body of the chit 1, owl
he belied the prisoner make a statement to the coroner's jury.
He said that he went to the loit where he had been living
with Elite Tarrant, on the 16th August, when ho wt.s sent
for, and he was in the act of putting on his jultit when a
quantity of powder tell from the pocket, end in replacing it
be pricked his finger with an awl which was in the packet.
He said that after this had happened Eliza Tarrant told him
to bring a shawl to wrap the child in, and he did so, and
placed the child by the side of its mother en the hay, and
then went out to the neighbours to get assistance.
In answer toe question put by Mr. Clerk, this witness said
that the loft was 24 or 25 feet long.
Williams, another police-constable, deposed that the pri-
soner told him that he had Levar been in the loft but on the
day before his wife's confinement.
A statement made by the prisoner when under 'nomina-
tion before the magistrates was then put in ; it was to the
acme effect as that made by him before the carom r.
Mr. Charles Lane deposed that be wassurgeon to the Ewell
district of the Epsom Union, and he was called upon to ex-
amine the decet.sed child on the pith August. It was a
wry line male child, and the body appeared to be in a
healthy condition. Oa the front of the nee khe observed a
email scratch near the lower part of the right aide, and there
was also a small dark line on the back of the neck, and like-
wise • slight bruise and aiscolouration. Upon raising the
akin of the neck, he found that there was • wound under-
nests corresponding with the external mask. This wound
had penetrated into the subetance of the neck, and had
passed upwards into the lame Tenth', and it was about an
inch and • half in depth. In wits:tapes opinion the wound
must have been made with a curved shape instrument.
(Some awls found in the loft were here produced,
and &hewn to the witness.) He had no doubt that
an awl of the description just shown to him
would have made the wound he had described.
One of the awls appeared to have blood upon it, and
another appeared to hive a stain of rust. He was deceleilly
of opinion that either of these awls could have produced
the wound, and in the absence of all other perceivable
cause he could only attribute the death of the child to that
wound. There were no other appearances upon the body
the child to account for its death.

Mr. Clark then addressed the jury for the prisoner. The
principal points he relied upon were tk tt the ease rested en-
tirely upon the saddens* of the woman Tarrant and the pri-
soner's son, and he contend, d that under the chreumataticee
in which they were placed the jury ought not to gip: effect
to such testimony. With regard to th, woman, be said, she
had herself been chug. d with being concerned In the mur-
der, and it was not until after the grand jury had Ignored the
bill against her that eh° was thought or as • wham, and with
respect to the boy, he submitted that his evilest,* was of •
most improbable character, and he asked the jury to bear
in mind that the woman Tarrant had declared that he was
not in the room at the time the occurrence was sepresented
to have taken place.
One witness waa called on behalf of the prisoner, who gave
him • very good character.
Mr. Justice Maule then summed up the case to the jury,
who retired, and after being in aleale'.ih,ration about half
an hour, they returned into eaurt, and gave a Tenth% of
Gulley.

, Gulley.
His lordship, having put on the black cap, mint* . .
i of dulls upon the prisoner in the usual f 'i 1
mit, time informing trim tha• be could not hold 9a ,I. s
ho of any commutation of the sentence. c.. < -- ,
• 1 1
DI trial accapird Wilily Olt Ulan. do .../ V .
-. 4
. . . ...4‘.'r...... I ,
c.o''
...: ....-
. ~

OXFORD ClRCUlT.—Gl.orc►.srce, Ann I.
Bonnets sontance. d to-ikt—Buoy Platt presiding in tht
Crown Court and Mr. Janice rattts:m at Nai Fritts Teen
wen 21 caries set down tor braving at Nisi reins, including/
fits timid Janes.
N ...—Prrnas Mi. Ames TArrisaig.
UTITT •. CMELTIINSIAM

This case excited rat deal of iatiesst is Cheltraham,
and oca_pied the court three hours. Items as eaten brought
by Mr. Hy ell, surgeon of that town, against the board of
of the Cheltenham Melee Se reamer a ntria of
Ert.trel. proteseioual SITCOM rendered to the anion by
the plaintiff The ease was this:-11ie. Hyett kid for
nine years =led the officer of medial officer of the
Viet No. 1 of the Cheltenham tfuion—the largest dis-
trict of the union, including the workhouse. Three
elections °tardiest *Seers take plea annually, and on the
220 d of Mach, 1549, Mr. Brit (whose term =mid expire
on the 25. k of March) was spa= a eadidate. For some
reasons, however—politieal, it is alleged—another candidate
was propmed end elected. TMs was Mr Hewson, hot he
proved to be unqualified, and ou the 29th a Mr. Cottle was
sleeted; bat he did not enter upon his duties until the 20th
of April. la the interim, of 25 days, Mr. Hyett was di-
rected by the guardians to attend to the ditties of medical
sear of the district, end he wordiest, did ne, sad charged
for lie I.:ITSFIG • guinea per day, besides certain extras for
attending midwihry case, supplying unseen Ike. This
Made his bill amount to 331. 1.. Ced., and on sending it in the
IFSaLlians refused to ray it, as being eicomive, and tendered
201. Mr. Hyett refused to abate his demand and brought
an adios to mover the amount of the balance 131. lit.
in the Comity Court. The &radiate, however,
removed the case by certiorari to a superior court,
objecting to the judge (Mr. Franc:llton) as being an
ex officio guareliau of the anion. On the trial the reason
Wean of the charge of a guinea a day and estras was hilly
borne out by she evidence of Dr. Wright, of Chet ,sham,
sad Mr. Milton, of Oteucestee; bat the &readmits' counsel
maintained that the charge was excessive, and ought not to
have exceeded what Mr. Hyett had received when filling
the office of medical officer of the distriet. His salary then
was Wt. per annum and extras, generally amoun•ing to 1001.
more; bat his rate of charge fur the 23 days' service ran up
to nearly 490 J. per annum.
His lotelehip, in summing up, said there was no elms of
men so Inert/ worked and so badly ph.d as the country
apothecary, end the jury found for the plaintiff for the tall
amount claimed, the judge giving the defendants leave to
ROT! to enter a nonsuit on the question whether the agree-
ment between them and the plaintiff ought not to have beat
In writing, seder the seal of the board.
Aran. 2.
Pairs,—fiannes Mn. leerier PAITisM,
MAILS a BOTH/IL—ACTION FOS SLANDER.
This ease excited a great deal of interest, as it was under-
stood that certain eatiosordinary discheures would b' mule
as to the could of the rev. plaintiff, and the origin of the
we
of '• Medan r. Karr," now before the Arches Coin*.
This was au acticn for slanderous words uttered by the
defendant with reference to the rev. plaintiff.
Me. Gray having opened the pleadings, Mr. Keating stated
the Sew. The action ha been brought by the rev.
phiatiff, the vicar of Berkeley, Oloucestenhire, against
the defendant, formerly • servant In his employ, for
hieing industriously e•mulated en infamous slender against
the=intiff. The defendant bad been in the plaintiff's
up to July, 1849, when he was dismissed, and then it
was thesis* uttered to four different parties the slanders now
complained of, to tee injury of his reputation as &clergyman.
Mr. Karr, the plaintiff, had had in his remice, for nine years,
a person named Sarah Barrow, as his housekeeper, and in
May. PAD, this person was married to a M?. Keight, and
from that time she slept at her husband's lodgings, at a Mrs
Shepherd'., though she still continued in the plaintiff's sn-
ake. In Judy, 1519. two swathe atter her marriage, Sarah
Barrow, sow Men Knight, was ill, and the defendant was
east by his master, the plaintiff, to call in Mr. Hicks, sur-
geon, of Berkeley, to mond a on her; and th•ve could be
no doubt that after Mr. Hicks had attended her she bed
had a mien-rive. About this time the defen-
dant was di-charged ; and it was then that he
eircu'ated the slanderous worts macting the !plain-
tiff, input* to him that he had, with the connivance
of Mr. Hick- administered medicine to the woman Knight
to procure abortion. The learned counsel went on to state
the different slanders uttered by the defendant as afterwards
proved in evidence, and in c mcludon mi.,: he did not wit, for
vindictive damages, but each reasonable damages as should
peeve to the world that the jury did thick it a case for fair
and reasonable damages, in order to vindicate the plaintiff's
character.
Ann Williams was then examined. She deposed that she
was the wife of John Willis*, a groom in the service of
the plaintiff. The defendant was a servant in Mr. Kerr's
household up to about Midsummer, 1849, whea he left.
The defendant was very limn at receiving notice to leave,
and witness asked him if his muter had not been speak*
to him &laze= his marrying a woman wall 'ohms he (Rakes)
bad been living for some time. Rother said ne had,
ad thee uttered the slanderous weeds comedalued
of thus : " The medicine which Mr. Hicks
used to Dead her (Knight) was not to destroy
young 'vas; end muter, Mr. Hicks, and Sarah ought to be
tried for their lives—the one for giving, the other for send-
ing, and the other fur Wasp it. Mon eh= that, he
said, I knewa mon that seat down to Mr. Hicks for one of
the same sort of black draughts that Sireh had, and he would
not let t ilia have it." Witness asked him it he could prove
that, and he replied that there were enough to prove it.
Sant. Ka4tht had left the pleintill's service now about •
for•niebt. Farther, limber said that Mr. Karr would fiod
him " a rum 'an." and he added, " just go across to
that little fellow, oaistord, and he will be glad to get hold
of thin, to take that black rag of a gown off his back."
Mr Gieford was a lawyer, of Berkeley, who bad had some
differences with Mr. Kerr.
In ernes-ezamination the wham sail she had heard that
• Ortisbrd. Mr. Gaisford's wile, had left her home, in
consequence of Mr. Karr's minuet
She had heard it
In Berkeley, bat not trim Mr. Karr. bias. Karr went
to Loudon also at that time, to marry • relative.
The whams farther :rated in her moss-examination, that
she did not know that Sarah Hamm or Knight tad lift Mr.
Kin's for a mouth at • time and returned again. Re-
membered the boy from Mr. Hickes's coming with medicine
for Sarah Knight in July lest. The medals= was put is
Mr. lea's dining-room; Sarah Knight was at that time
Sting at a Ma. Shepherd's. After the medicine woe brought
Mr. Iran came into the &antra)°, and Sarah Knight
went to Lim, where she remained • quarter of an hour. Did
not kaow that a glees and epoon were sent for when the
two were in the room. Sarah Knight VMS better after sbe
bad =ken the medicine, though stall poorly. Sarah Knight
was 111 the same evening, and witness refused to lay a hat
was the matter with her—it was not proper to state it
publicly ; bat the plaintiff was coming into the k•tchea
her woes +items told him she was not tit to be
spoken to. She =Mini d a short ha* after, at Mr.
Karr's. Mr. Kan and Sarah Knight had had words
together, but the plaintiff had not said to her, "I don't
understand this way of going on " Had never beard Mr
Han sercar, though vitas had heard Kag .t swear.
They were quarrelling in a loud voice, so that witness,
who wee in the laundry, and Knight, who was in the kitchen,
heard them.
Thomas Purnell, carpenter, of Berkeley, proved the second
uttering Lee words s2oken by the defendant were, with en
oath, "Ott master ought to be hung, and Mr. fiche, too,
for they ba both rogues, for I've been to Mr. Hicks to fetch
Some medicine for master to give to the housekeeper to
make her miscarry." Rather, when a servant to Mr. Karr,
had 12s. • week and his board, but lodged out.
Wm. Bennett, labourer, of Berkeley, remembered Diet
some few days after Bother left plaintiff's service last Mid-
summer, he came to witnees is a hay field, and they talked
about his laving Mr. Karr's envie.. Bother said it ass
the housekeeper's halt that he had left, and " that as how
Mr. Setoo Karr, and the housekeeper, and Dr. Hicks ought
to be tried for their lives That Mr. Hicks sent the staff,
and Mr. Karr made her take it on purpose to destroy the
young one."
Thomas B-ace, Mourn, of Berkeley, was at work in a
fiel I hat =skier, whensimllar statements were made to him
by Bother. The witness persisted that this was in Decem-
ber, that the communication was made though he was hay.
Makinat the time.
Mr.'eks, surgeon, of Berkeley, was mornexamined by
the ilefccdane's counsel, at some length, se to the circum-
stances of the miscaniage. This witame proved that he bad
sent the =edicts* to Mr. Karr's house after he had seen the
woman u Mn. Shephard'a. He sent it to Mr. Ka. es be-
anie the amen, Mee. Knight, said if she was better she
=mold ri there • but when witness saw her eke was in bed,
and witness smeller medicine In ball alma after. Witness
attended her en the 6th July, and the nmained ill till the
ISO, when she misearried, but there were symptoms of
miscarriage earlier. The woman bad on the l'ith July been
sweet two !months, and he thought she had not been prim
seat longer than that. Mr. Karr always paid for medical
atteadence on his servants.
Mr. Whatley them addressed the jury, and sad he did
ant wish to impute to the plaintiff or Mr. Hicks any intea•
boa to sdainisier the medicine to the woman Knir t with
the 4.Ljem 01 procuring shorties; tut he urged that alter
what had takes place In the plaintiff's household the dolma.
dant bad insemed that the medicine had been given for that
purpose. If the action had been briught to vindicate the
plaintiff's charamet, he thought the result had been diem ..
trashy eppoeite, sad he submitted that if the decision of the
jury was against him the smallest amount of climate would
euNice for the justice of the MC lie went through the
whole of the inane', and made some severe remark, with
reference to the rev. plaintiff, who had been suspended from
his Seim.
The Judge summed op, and the jury found for the plain-
tiff —damages, le.

NORFOLK CIRCUIT.—BuaT By. EDMUNDS,
Aram 1.
STAIN/LS AN!, WITZ o. TNII RARTIDIN UNION AND
11 A DLEIG tt Jean/lON RAILWAY.
Os like opening of the court this morning the answers to
the einem question, contained in our report of Saturday's
proosedimes were read. The answers were la the allirmative
to an, with the exception of oar, viz., se to whether the
trains were delayed for an unreasonable time an the day of
the accident. The jury thought they Were sot. The
duaagee eves were 1004 It was of mune eseeatially a
verdict for the plaintiffs. as the question of delay in the
train would only hare augmented the amount of damages.
The jury also washed to sta;e, that but for the violence cat
the wind oil the day in question, they should have given a
,Jarger amount of damages.
I MIDLAND ClRCUlT.—Wmtwicir, Aran. 1.
Boum Ys. lonic, l'Aluts.
lets) Pam Cm ha.
CUMIN V. PAO/L—CIIII. CoN. AT B/NMINONAW.
The *Ladd ia this ease wee a °whopper at Blradeghast,
, the dekvlast as 'saber, as the wee plea. The
, 4