The Express.
London, England, 1861-02-12 00:00:00

COURT OF QUEEN'S BENCE-FEB. 11.

Sating. At Nu Perm at Weetiniaster.--(Refoie the Lard
Chief Jost ku Cockburn aid Special Jane,..)
r. C.ttrENTEZ AND ANOMIE& —MEL.

This was ea croon for libeL T'he dokailant pleaded
net ..uilty and a pistitieatioo.
Mr. M. Smith cared Mr. Milward weir for the plaintiff.
auJ Mr. K. Mae:pi:ay and Mr. Needham for the defendant.
The alleged libel WWI contained in a pamphlet written
by the defendant. Mr. Carpenter, entitled The Policy'
hold,r," sal published by the other defendant. It appeared
that in MI a noniniissitio appointed 112 the United States to
make inpiiries es to English Aseuraoce l'onipiniee pub-
lishes' a repel in which they deprecated the j.nueiples on
which some of them were conducted. sayieg that they had
elareived the slunehoWete and pol.ey.bolders u tmerica,
awl iu,ousting that while they were paving large divi-
Awls, they had aetually squealer,' sway their meet& The'
writer of the tewillet adopted some of these statements,
and oast reflections upon the luternasiimal Life Assurance
sjoap,oy, which wu e,.bythe seriously
affecting its postilion and character.
The Lord Chief Justice doubted whether all the compli.
'toted eakulstious contained in the pamphlet could be •
worked out in the court in a manner satudiv:tory to the
Mr. M. Smith said he had actuaries of the greatest ez•
peneoce who would give the results of their investigation
into the company's affairs.
Tbe laird thief Justice supposed the other site would
sentrailiet their evidence. The jury hail first to ascertain
the true principles on which assurance business should be
sondacted, sad then to apply them to the elaborate cal oL.
time he had mentioned. That surely could nut be a eatis-
Mr. M. Smith said the pamphlet went ft.: beyond the
limits of fair end legitimate criticism, and the company
Gould not renews under the serious imputatiosa it met upon
them.

Lord Chief Ju.ticis suggested that it would be better
to sake& roans nee to look solo the various natters, and if
the compasy were found to be right, to prescribe what course
the defewlant should pursue.
Mr. Macaulay said he could not agree to an arbitration.
After rounders':4e discussion, Mr. M. Smith mad his
chests would be content if the charier of fraud and milieu's
duct wi re withdraws.

Mr. Macaulay mid that Mr. Carpenter entirely disclaimed
any intentioa of defaming the character of the directors,
either ialividally or collectively. He had merely shown
what an ild be the molt of adapting what he conceived to
be a wrong priscipla in estimatio4 the amete of the
company.
The Lord Chief Justice said there certainly were Images
which appeared to ream( seriously oo the company ; but
as all imputation. had hews withdravria, he thought the
compere might be nituded.
Mr. . Smith observed that he had offered hie teamed
• fulled invest/satin Into the slain of the corn.
Fnal, but that offer had hews declined.
Tae Lord Chief Justin tall the vapory were perfectly
jai/tined ia bridging the raw into court, as it affected
thew repotting,. blithe segmetation given by the defeadiat
had placed them we a right footing with the public.
A ,noo wan this withdrawn.

COURT or 0010 ION PLEAR—Fm 11.
&Wimp at 11W Primp is llidifleses. —Mahn Mr. Jurtice
Eris awls Speer/ Jury.)

r. stmts.— ACTION An AM! TNT GOV WON or
NI ITT:COONS WNW naps.
This wee an mime by Miss Fray, who bad been a pri.
sown in Whitorrisnstrest Price. Lieut..Colosiel
Hicks, the governor of That plea% fer ill.treatinest ;
isoiPshe laid her damages at flOOl. The readmit pleaded
pot guilty Mstatute, the act of parliament referred to in
be the plea ing the one for rein:atilt; the management of
that prison.
Th.: pia:stiff appeared is ; and Mr. Bovilb the
Oosomos Serysent, sod Mr. Hanoen were for the defendant.
Miss Fray mad* a stateramst of some leugth to the jury,
sad afterwards produced evidence in support of bar cam.
Dennis Mulyneus mid that on one OMIIIII.OII be was taking
a half or quarter of a pomade/ better iota the prism to the
plaintiff. when cos of the officers refused to Allow him to
lake it in sad leek it away from him. On another occa-
sion Ise was sot allowed to go to the plaiatiff. though he
wasted to oar her shout some law business of importance,
mail bad papers for her.

Crossermasised—He west tiers within the visiting
loan The maa who refused Ida edmittance woe in court.
.( b. whams Mortified a warder named Pierpoint aa the
person.) Pierpoint said that se per.. was admitted more
. Hula twice as the tome day. Witness then west to a
coMerboase sod wrote to Miss Fray a note and left it at
the pre for her. He west to sootier the next day. When
he west with the butter be saw Pierpoint, who felt the
butter in his pocket and asked what it wam and being told
it was hatter, said it could not be takes in, it was against
the rule. He took it away. He mid nothing about Miss
PraPray having declared herself upon the county. Whom
▪ y spoke to Ma. Fray about the letter.
and found she bed it the same day he left it.
Witness nerd b monism Fray sometimes twice or thrice a
week, and he anon took thins in, not knowing that it was'
not allowed. Mies Pray afterwards told vitae= it sou not
allowed.
Ite-examined—Sularequently he was allowed to take
thiap
ll= Fray—This was after the Secretary of State had
kindly interfered.
Mi. Pray was then sworn —She said she went into the
pence on !`ride,, the 2nd of December, DM, and was takes
dl on the dr I. :she informed the authorities that she aut.
tem! from disease of the lunge, and was much afflicted with
. third. She was not able to get a cup of tea on Saturday.
the 4rd. Oa Sunday murmur; she was not able to get up
Leto., 11 o'clock, la the morning before church time she
toll the mar= that she ought to be able to get herself a
cup 'bit= about II or 12 o'clock. When she managed to get
to the pie she it was locked, and that she could not go
down. No managed with a great deal desertion to make the
isturicsrilese bear, and was told that the matron hod gone to
chord's, and that niece= could not possibly get out until
after church time. Witness said it was very cruel, for she
had told the matron that She hoped to be aide to go down,
sal Out the matron perfectly well knew that withers was
very ill, and is a dewberry= state. She begged that the
stewerdese would make the governor hear, but the outer
door Wog locked she could not get at the hell. Witness
went back to bed, and was very ill—much worse %as she
had bees is the morning. She had before asked the
stowage= to ring the 101 l as soon u the door was unlocked,
end ask the governor to cane to her. When the sarersor
cams she was unable to get up, and the belie.ed the pp
vsroor was convinced that eke was very ill. He at interim
to her I. what she cansidered a rather mastitis manner,
bet when be Quanta that she was ill be bosom more
kind, and said, "Oh. Mies Fray, 1 beardls. were
shammiag Mwould illness sad _ ad get op." She " Oh,
sir, you have been udifarins4 for you will I shall
le are of the earthed risers is the prison when I am able to
do so ; and Dot only that. I sever neglect going to Divine
service." The governor ordered a fire, for the nails wen
roguing gone with toter, sad her bed WY ChM to the
walla. Hs said, " The room is not it fora sick person
without a ire. He asked if she had seen Mr. Languor',
the doctor. sod she said she lied and haul told him "my-
Wog. The "oversew said he must be sent tor direstly,
and wanes. said, " No, for he has already aeglested kiv
clot:, in not seedier me the medicine promised yeaterday."
Witness mid further that she did cot with to nee
him after what Lail occurred, for she food that Xr.
loontmore w,. a Mood of Mr. Malcolm, who was
d.ei.v to tb. Countess of &Wind. Colonel Hicks,
bower...moon, for Mr Losigenore, and he same. Witness said
she thought his treatment was very cruel after she bad en-
plained to him her state of health. Afterwards, es the
rase day, ohs saw the doctor sad thematron, and Use,weeled Mr MS if she was she Ares. Me woe very
Maud weak am thi attack, and wring that week is we.
vary mat shwa Iry the notrou's friends—some of the
primula who emu a the prison. TLi. coutreued some
weeks. Men Ale eke bad snotlo, attack. She was night
sad der WWI up, and wee but all wed ei much as a drop
af WSW to aria essgli she was suffering much from
{Met The lime alkelled Me Mr by the mattes tor disks.

in w.i. °prosaic a wialew where the wind blew in. She
:awed week pain for weeks, and in the and an abeam
formed in her r :oath from septette/ to the cold. She woe
sie'dtg for erit o: feed and proper neeesearies. the food
allowed by Coe oeunty being of such an improper quality. An
officer Immo! Lay refused to allow her to buy tea, sugar. Or
butter with her own money. She was the only penes that
wae denied the. prii dep. Afterwards On wrote to Colonel
Hicks, &eking foe an interview, and when he came she asked
him if be bad asat a message denying bee tea, sugar, arid
hinter. He mid be bad. She asked why ehe was cliceen
wit to have those mice-wane. ? At first he said she was wit
the only person. She said ho well knew that die was, and
thd he well knew the great partiality carried on in the
plain. At one time, when she warn very ill, awl under the
uiflosi.ce of very ilaogerous moilicioes, the mama sect two
worneu to cleat: mid wash the mien that wittier was in.
The windows were opened, which might have been her
death. She w.., much abused by one of they women, who
threateued to pull end roll her out ofbed. The matron
own hi during the time, but no notice was token,
and ranees was obliged to get up with groat
&Staidly awl go Sato the cold yard to ring the bell for the
governor. for the mimes had refused to do it. No ,one came,
and she write to the of State, when that humane
Doldentaa sent Mr. Sheriff Phillips to her. She told him
that eke was prierested purduising tea, sugar, and butter,
the only things .be could take, and that gentleman mid the
should have those necemeries. No notice, however. was
takes, and she was still deprived of the things. ()a, Saturday,
the 14th Feigner,. she was Reeved with &summons by Mr.
Poster to attend before a judge at chambers on the following
Mooday, to show muse why she should not stay an action
she washeinging against him. she received the summons
about 1 o'clock, and immediately afterwards she wrote to
Caonel Hick., to ^end, or procure a messenger to get her
a habeas ceepos to enable her to attend the
judge. No notice warn taken of this. She apin
wrote to the governor, begging for an latency.
After the second note, Ile. Watts, the deputy governor,
clues. awl said that Colonel Hicks was out with the rifle
corps. This was about six, and it was then too late to obtain
a habeas. She said. " Now, I am naiad through this
neglect. Mr. Feder will get the cause through my non.
attendance." On the Sunday she sent several times to
Ookmel Hicks, and he came to her about the middle of the
day, and warn Very rude. He mid he should do nothing in the
matter. This was a very serious thing for her. She had rams
to believe that Clolooel Hicks and ho °Mears were working
together with Mr. Foster and other persons. Owe morning
the resins@ abused her in a most violent manner. She
shook her Ist in witness, face, awl made use of the most
murderous threats, saving that witness had long lost bar
character ; that she would tear her limb from
limb : that she would tear her eyes out of their
sockets ; sad intimated that witness would soon be
is a worse place—meaning Newest" Witness was
very ill at this time. The matron did all she could to pre-
vent witunis having medicine of her own. Witness was
constantly alieseil by the matron and her daughter. She
sent for Mr. Longmore to lance ber abscess at Bin the
niorniog. but he dad not come until the evening. Wham
hail previously managed to lance the abscess herself, for she
could scarcely swallow. He said she was in a sad state, end
ordered her beef tea. Whilst witness was locked up the
woman who it was said had bred the vermin was not lUcked
up, and she was allowed to have comforts. Even the table
they ate off was infested with vermin until the place was
cleamied. At one time there was a person who was ill
aleepaug in the same room with witness for nine days,
and the smell was so offensive that witness
could scarcely breathe. No change of air was
allowed. There was also a quantity of filthy
clothes and linen in one of the closets which became
so very offensive diet the smell came into the day ward.
She repeatedly asked to have them removed, but nothing
was done until one of the ladies sent to the governor to
my that it should be reported to the magistrates. There
were at one time letters of scandal written about witness to
the aldermen by the matron's friends, and there were
threats that the aldermen were coming to have witness
put iii the strong room. Witness complained of immorality
on the part of the women, such as daociog pearly naked
within sight of the male prisoners, and other thing quite
disgusting to respectable people. She complained of her
letters being intercepted, and her friends being prevented
from coming to see her. She also complained of improper
language, but her complaints were wholly disregarded.
Crose.examioed—She thought that Alderman Allen first
inquired into her complaint' ; then Alderman Hale, then
Alderman Phillips, and afterwards Mr. Perry, the govern-
ment inspector. He inquired very little into the use, ear
lag it was a matter for magistrates. She believed Colonel
Hicks acted in concert with Mr. Yowles or the Countess of
Eastland. She had charged the matron and some of the mi-
lkmen with combining to oppress her. She never charged
Mr. Lougmore, the doctor, with sealing her poison, but she
did with sending improper medicines. Some few of the
female prisoner sent a memorial to the governor complain-
ing that her "language was so perfectly disgusting, and her
conduct so unbearable, that they could not suffer it to pass
without notice." In March she was sinking for want of
sourishment. The meat was mane, and all the good parts
were abstracted. It was imporible to say what parts of
the animal she had when it was cut up into small pieces.
Mr. itiorill—Will you swear that during the month of
March you had not, every day a chop and potatoes, or a chop
and soup!
Witnees—She was so ill that many day. together she did
not aee the food.

The Lord Chief Justice said he did not think that Colonel
Hicio was responsible for the food the City supplied, for the
kind of prison the City provided, or for the officers they ap-
pointed.
Mr. !krill mid the corporation had the bighead opinion of
Colonel Hicks, and they would be extremely Sony that it
should go forth to the public that the statement of the
plaintiff was true, or that there was a tittle of truth in
it. Thee had, therefore, brought to the court Colonel
Hicks, tie officers of the prison, the government
inspectors of prince, the surgeon, and everybody connected
with the phice, for the pulpine of giving a distinct dadsl to
every part of the cm.; t after what his lordship had
said be hardly knew whether he should be justified in going
into the whole_ matter.

Witness—Tbe letter now handed to her wan in her hand-
writieg. (The letter was rend ; it was dated March 21, and
contained this passage :—" 1 beg to my that I have consi-
dered your kind offer of musing me to be removed to the
geese's Bench itiaon, and I most sincerely thank you for
yoer justness and kindness to me and others.") not we.
writhes after Alderman Hale had inveatigated her ease.
The Alma& had bees exceedingly kind to her throughout
the matter.

Hz. —Did not the doctor offer to order you an yes wanted ; and that if you wanted wine 11111 would
less pay for it himself!
Wheels—No. She bad not been able to subjuena the
neareary witnesses to prove her ease is consequence of
having to keep out of the way to avoid arrest. Now she
recollected she mold almost positively my that she never
had what was allied • sanMen clasp sent to her • alas bad a
long base with • et mint allnehed to it. ?Laughter.)
The Lord • Justine mid the declaration charged that
Colonel Hicks had semated the plaintiff, but of that there
was no evidence. bleak that she was confined in au amid-
mad that wee eawbolesome and infested with vermin ;
but he did not think that Colonel Hicks wan responsible for
that. The only part of the case on which there was web
deuce against Colonel flicks was as to not allowing the
supply of certain articles.
Mr. Bovill then ;üblressed the jury, !saying that the com-
plaints of Miss Fray bad often been investigated, sod
had been found to be utterly grotiodlina, but the corp.,
ration was anxious that the whole matter should be pub-
licly investigated before • jury. All the prisoners in
Whitecroesstreet Prison were treated with the greatest
conaiderstion and kindness possible, ccimistently with the
duty of the officers of the prison ; and the truth was, that
the gnevancer of the plaintiff were imaginary, fur she, in
fact, had had indulgences in the prison which other persons
had not had. There were rules for the government of this
prison which had been certified by Sir George Grey, and
everything which had been done was in acconlauce with
these rules.

Colonel Hicks wascalled, sod he mid that he selected the
warders sod the Court of Aldan's' appointed them. The
aldermen elected the matron and wirgeon. He never gave
ang orders to atop any butter pia( to the plaintiff, or to
prevent her havin; tea or sugar. He told the plaintiff she
was either ill or well : if she was ill, she could have any-
thing the doctor ordered ; but if well, she must obey
the rules of the prison. He sever interfered to prevent
her having a mper supplyof warm water orof cold water for
drinking. There was no neentrity for his giving any orders:
for there were the rulea. He never ntnctirroed anybody in
vilifying, abusing, or anaulting the plaintiff.
Crinensamined—He believed that her letter, which had
been read, was addroseed to himself, though there was no
address upon it.
Hint Fray—That letter wee in fact addressed to Alder-
man Hale.

The Lord Chief Justice said be did not know whether the
jury wished any further evidence to be given.
The Foreman said that they were all speed upon the
matter—their verdict was for the defendant.

ecaetr r. SKOWIL-PAL,III TIC

This was an action to recover damages for false imprison-
ment, and the defendant had pleaded in justification that
the Osistiff had been guilty of felony ; but his counsel to-
day withdrew that plea, leaving only the one of not guilty.
Mr. Albion and Mr. Henry Dunphy appeared for the
plaintiff, and Hr. Lennie. fur the defendant.
The plaintiff was a led 15 years old, and be had been
stable boy to Mr. Weir, a tradesman in Lambeth. The
plaintiff Was sent by his master to fetch a cart wrench from
the defendant's premises, and the article, it appeared, was
claimed by bo•h the defendant and by Mr. WOW. The de-
fendant subserviently, in NOM of repeated warnings, gave
the plaintiff into custody for steeling the wrench, and after
being in custody &Wet an boor the magistrate discharged
him. This was the imprisonment complained of.
The jury found a verdict for the phentiff—Dentages 20/.

COURT OF PROBATE AND DIVORCE.
Fla 11.
(Before the lap Onlimey.)

TAL3OT AID 0,1176 A r. 111,ASIMIXII AID 0-41712,-lIMICIAL

---
AMT.
The ease for the pLaistiffs was epic renowned.
' The Rey. George Clarke, rector of Teobjoletailed the
&moaners/woes atbrodiag the testator's donation of mot to
the BielAw of Ow Towo's Laos. He toW witness that he
soulonly 'Hoed it ; for both be and his wife were
very well elf. Ilesellerted his attending a sale of the effects
of Kr. Nevis, 'gold fried ad his. He bid 101. for a picture