The Express.
London, England, 1861-05-08 00:00:00

COURT OF COMMON PLEAS.

Sittiap is Baco. =Before Lord Chief Justice Erie, and
Justices Willes, Keating, soul 1..)
TURNBULL T. 11/11D.-111. TURNBULL AND TB! PROTIMITANT

This was an actin° which was founded upon two alleged
libels which had been published by Mr. Bird, the secretary of
the Protestant Alliance, in reference to Mr. Turnbull in coo-
lie:1600 with his office of talenderer of State Papery ; and
the matter came before the court upon cause !smog shown
whist a rule to resciod an order of Mr. Justice Vir illiams,
allowing the defendaot to plead three plasm, justifying cer-
tain statements in the alleged libels.
Mr. Bovall and Mr. White appeared to show cause, and
Mr. liaraLike, Mr. Prideauz, and Mr. Folkea' to support
the role.

Mr. &mill mid that the matter was one of a public the-
recteronly, and there was no private feeling involved in it,
and wider these circumstances the defendant WY lIIIIZiOUS
to take rue upon the truth of certain matters of a bin.
tooled diameter. But upon consideration he did not
Nick that be could insist upon his right to the pima.
TM Lard Chief Justice- -Roman catholic historiaus would
give one version of the circumstances awl protestant
Motorbus another, and this would prove a difficulty in the
era
Mr. Bevil thought it not absolutely necessary for him to
bar Otte pier, as he could give evidence a to the eleumme-
Mears slated in them under the plea of not guilty.
Mr. Judo Bytes said that the court must not he taken
I. have intimated say opinion se to what could be proved
leader the Ferrel issue.
Mr. Brill did set feel mach difficulty as to that point.
Mr. Karsiske hoped it would not be supposed that the
plaintiff olted to have any material issue upou the record ;
Wt theme slsr took rime apes what was really no pert of
the libel, isl only illeetratioa of it.
The Lord Chief Justine—Ver vidi viol—Yom mad my
saßald*, Mr. ILasilabs, for Mr. &will gives way.
e gestate.

COURT OP PROBATI AND DIVOItOI.
Wore the lodge Ordleary.)
riSCOMITIIII MIMI V. risco': wr rms.-11'1.°mm Di-

MUMMY 01 THO ATTVIUMT-4111211AL:--- --
la this ere Lady Forth petitioned fer • dissolution as
the peead of cruelty and adultery. Lcrd Forth did
net , bet the Attorney
-Gemmel wee allowed
be and allege collusion. At the trial
the alleittion at adultery against the respondent was
gime ep and the petitioner reetrirted her application to •
Judiell apparition en the grouod of cruelty. This was held
by the Judge Ordinary to have been proved; but Mm roped.
the mother of Lady Forth, having admitted that her
daughter bad cohabited with Mr. Dining, the matter
stood over far the perpoes of arguing the legal effect
of the petitioner's mimendect upon her more limited ap-
phi:Mimi to the...mt.
Mr. klamaday, Q.O. (with whom wee Mr. Markham),
denied that there had ever bees the el4htest ground for
alleging calladoa—hi het, the only ohm& of • redeeming
character in the emedeict c 4 Lord Forth had been his ab-
staining freen Waring any resistance to the divorce. If,
however, the °sari fah that it could not at present grant
Lady Forth's prayer for • judicial separation, she begged
pennieeion to go into the whole ewe in onler that the court
might have as opportunity of judging of ell the (imam-
dances

The Attnrsey-Oeneral (with wham were Mr. Berjeant
Pigott and D. flpinks) was at • less to understsod
what was the nature of Mr. Macsalay's application. He
presumed that the learned gentleman diet not ask to gins
evidence is disproof of his client's adultery ; and it was
mash to be regretted that he had not accepted the offer
which had been made to him to withdraw the pre.
seat petition, and than, if it were competent to him,
to present a new one, praying for a judicial separation on
the ground of cruelty alone. It was said that be (the
AMersey-Genersl) had had no ground for alleged
solleision. He denied that statement. He bad had
materisle for the alleration, but be was not
itneamition to offer legal proof of the colloidal. He
here publicly to state that the first time be had the
mesas of proving such a charge, he would indict
all the parties at the Central Criminal Court
sad this lady would have been sent there if
he had only had evideoce to solutentialle the
allie&ioa. In 'the cases of "Dillon v. Dillon," and
" Chambers v. Chambers," it had been held by Dr. Lash-
into° that when parties were in part delicto the offeace of
lie one compel:noted the other. The present nowt, as the
eneemeor of the ecclesiastical tribunals, was bound, them
fore, to refuse any relief to a petitioner whose own inn,.
conduct had been disclosed. He was, therefore, bound in
the Miami' of the public to press the learned judge to
dismass the whole petition.
Mr. Neatoky thought the Attorney•Oeueral might have
=the extraordinary. statement that, if be had had sufs-
erldiraos of collusion, be would have indicted all the
parties at the Old Bailey.
The Attorney All the parties to the collusion in
this or in any other ease.
Mr. Hansel& repealed that there were no materials to
justify smelt •He contended thot the Attorney-
Gemini had so tto be beard after the withdrawal el
the payer for dissolutioe ; and also that the misoondnet of
Lady Forth did net la the language of the old jurists "eau.
newts" the gross sad dangerous cruelty of the respondent,
Sir C. Croswell taut at aces reject the prayer far par
minion to go further into the aim. As to the other ques-
tion, it being the first cam under the statute, he would take
time to consider.

JIIILMOP V. .111180 P.

az C. Cromwell mid that is this ore, whit& had bees
breool before him last week, the Attorsey4egaral mei
set Asa
ion alleged. fact 4, bat he moat disclose tbe oaten al tie saw

CENTRAL CRIMINAL COURT.
(THIS DAY.)

OLD COURT.
011elere Mr. Julies Willis.)
IONT:OMILIII 111011111111 T.

Join imat.lll. sod Mom_ Ass /meek 31, his wife,
were eliggiga, W knows wllik dealing two poet !Men
°tideland am* mom d Yowls. al Via, the proverty
of the PeAssicar4Assankosi
.1b latter with mann

the woe keening them to have hoes stoke.
The aisle prisoner pleaded guilty to the chirp.
Mr. Metcalfe, who appeared for the prosecution, said
that then was so doubt that the female had
away several of the notes that were sto en, and that
hog the seseileg .4 the letters containing them wee
to her borlsoriL She stooil, however, la the situa-
tion to Idea of is was, and it was very natural to suppose
that she had Wed under his authority and coercion, and
ho lid net thosokto propose to eller ay evidence against
her.

Tile jury, thanks% returned a verdict of lot Gaiety.
Joihs LINISeie, SI, end J”ltis Afasfon. 50, were eballad
with a lessinry the dwelling-howof Levi Clark.
Mae proonster is this awe is the landlord of the Green
Ras peddledieess, at Horton, sad it appeared that
shed *Week to the raareing of the 17th of April, •
peloonereabie, who was passim the home, found the
sear Hip oleo He *lomat the lanwalea, sad the premises
woe eannbed. and both prisoner& were found eaecealed in
the oiler. No kproperty had been removed, but taws wee
as dole that this was owing to the prisms& haring hoe
dbeented in tisk eptwatiase.
The pry returned a verdict of Gritty epithet both pi-
NOM ; and Napposing that Littoe had been before row
sided of fel/ay; le was seotenoed to be kept in peed
servlewie for aeon years. The other pri•ouer was leoteneed
M twelve menthe bard labour.

Joseph &NSA, 4fi, was charged with feloniously attempUng
to diseharp s knits& pistol at Alfred Howes, with intent to
nianter

lie. Lille? the proseeutioo.
It appeared that the primer was the brother-in-law of
the prosecutor, and they hod been eng.ged in Mims Mgr
then as desists I. hotter, bat some dumb, arose 111111111111
them, and the commies eared. On the evening of the
?Clad of April, the prompentor was standing at his door,
when the primer west up to him and began to abuse him
mad mood him ef Min his trade away. The prosecutor
donied having dem so, sad wan about to go into his house,
when the primer Maid a pistol to his left oar' and said
" Take that 1" The prosecutor saw the pistol, and
knocked it as sae side, and them struggled with the pri-
soner. sad endeavoured to °Mao pommies of the weapon.
but did sot mooed in doing so, sad he then ran away. and
the primer was shortly afterwards taken into custody.
13” n the pistol being atomised, it was found to be loaded
with powder sod shot, and had • rap as. but it did not
appear to be cocked. When the grnmer was taken to the
pollee elatio• and wee told what be was charged with, he
said be wished it had proved fatal.
The prisoner, when adled upon for his &Nice, declared
dal be lad so inteatien to inflict any injury upon the pro-
moter. Re led him drinking, aod did sot ham what be
doing, or mei how the meg man Me his psomios.
I'l.policsemelohle wise task the primmer Into custody
elated, in miser ne • eureka put lay the Pry, that he was
gait. sober at the rims the 0011111MINO took plow
The aimed Judie, in ennunisi up the awe to the jury,
add that the edgemeliso they bed is aseider was whether
the widows rYti.i them that the Waal= of the pa-
now wee le tie panel et ha brether-in-law,
it failed to do 80. eight not la eneviet him upon the
peeneen indistnaest.
•

The jam after • short cooothotion, »turned a verdict, of
Not guilty.
_ _

.e-
The prisoner Oise *vied guilty to a charge of assaulti
arising out of the same circumstances, and he was sentenced
to one month's imprisonment.
Joke Coker, 13, dime Coker, 21, James Twist's, 21, Nary
dime Welsh, 18, Joke Harris alias James Morley, 20, and
Mee Welsh, 19, were charged with a robbery with violence
upon James Bissett, and steeling 821. in bank now and
gold, hie property.
The robbery imputed to the prisoners was of a very
daring and outrageous character. The prosecutor is a
French gentleman, advanced in life, and about 5 o'clock in
the evening of the 15th of April, he was in a cah in
Keats-street, Whitechapel, when some accident hap-
posed to the vehicle and he was compelled to
alight. The moment he did so he was assailed
by between twenty and thirty thieves, men and women,
some of whom pushed him about and struck him, others
thrust a handkerchief into his mouth, and in the result he
was robbed of the amount mentioned in the indictment.
The whole of the prisoners were proved to have been con.
corned in the outrage.
The jury returned a verdict of Gritty against all the pri-
soners, and the men were sentenced to seven years' penal
servitude ; Anne Coker, who had been previously convicted
of felony, to eighteen months', and the other women to
twelve months' hard labour.

NEW COURT.
(Before Mr. Baron Channell.)
John Defolk, 29, sailor, • negro, was indicted for a rape
upon Sarah Ann Oliver, and Charlotte Sell now. 22, married,
was indicted for aiding aad abetting him in the commission
of the offence.
They wore also indicted for an assault upon Titus Hooper.
Both prisoners pleaded Guilty. Sentence deferred.'