The Express.
London, England, 1868-05-07 00:00:00

COURT OF COMMON PLEAS.

Sittings in Banco.(liefore Lord Chief Justice Banll and
Justices kyles, 'Coating, and Smith.)
II I, INBE 17. YIDS lIIIIMTOL 3IAILINZ INHURANCE COMPANY.

The Solicitor• General said that this was an action
1.1.0 n • policy effected upon the ship Smyrna
rt voyage from Smyrna to Hull, with • cargo
ef litoevil. On the voyage the cargo shifted, and
the ship listed over to such an extent that the crew
::h.mdotel her, and she was afterwards taken by two
.lam steamers into a port in Holland, and
~he and her cargo were sent on to Hull. In
the place the ship was valued at 36,000 L, and the
lii,ooo/. Au action upon one of the policies was
ti.•.. 1 et the last Kingston wires, and the trial occupied
• days and attracted a great deal of attention. The

raised was whether there was a constructive total
or only a partial loss; and the jury found that
loss waa but partial, and there had bent no attempt to
.soon this guiding. The present action was brought
r the broker who effected the policy sued on at King-
••n, and he was indeed only a nominally different plain-
t .At the trial the Lord Chief Justice Cockburn regretted
the else was to he determined before the amount of
d • has been awarded in the Admiralty Court ; because
ti.. question whether there was a constructive total
1 • very much c.epended upon what this amount
be. The present application was a rule for
t.... plaintiff to show cause why proceedings should not be
-• ,)e.l until judgment should have been given in the
salty Court.
.—. . - .

ll Lord Chief Justice said that the matter was one of
, ..rtduce, and the question was worthy of considera-

I:de granted.
coUla OF PROBATE AND DIVORCE.
(Before the Judge Ordinary.)
I,nl e: inirstmus, connerr, AND ovlrr.
. .

Ih• spaiks, Q.C., and Mr. inderwiek for the petitioner;
1,. I N-nne, Q.C., and Mr. Searle, for the respondent ; Mr.
, (ski and Mr. Butt for Corbett; Mr. Staveley
. uud Mr. Willis for Cane. _ _ _

hi% i.,rt•besrd CAW was resumed this morning, and ad-
• . evidence was given in support of the petition, but
Mill going on when our report
_left.

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Hoboyd.)
IN RE CLEMENT GIBBS.
li.inkrupt was a merchant, of Cannon-street. The
~.nts, prepared by Messrs. Honey, show a large
. • eof indebtedness, upwards of 32,0001., but the
. • t, ,re estimated at 22,0001. There aro further
of .:9.1/101., but they are not expected to rank against
t. state. A dividend of Cs. tkl. in the pound has been
and further dividends will shortly be made.
isthesitting for examination and discharge.

31,. F. Knight, frii• the assignees, said the estate was a
I tt. r on, than was commonly seen in the court ; but the
- .aces .Issited some information as to the bankrupt'.
o. • tryrship transactions in the house of Corah and Co., of
and for this purpose it was proposed to have a
IT,r at. sitting.
Mt. N.,. I (solicitor) appeared for the bankrupt, and
• .1 it was to be regretted that an adjournment should be
lin a case where there was so large an estate. He
• 1.1...14ge5t that the examination should be passed, and
1. • ..rder of .lischarge only adjourned. The bankrupt had
all in his power to assist the assignees.
Honour said that, as the accounts were satisfactory,
ii.ttikriiiit ought topes. upon them • the inquiry as to
p.ittier-Itiii transactions might be made in the interval
..t.• the sitting fox discharge.
o order accordingly.
-. • IN St L. A. CRNCIONT.

Tn. I..initrupt -dement's-late. The
otnt, prepared by Messrs. Hut Brothers show debts
'. with property held ss security of 7001. The
is heing only just filed, an adjournment of the ez-
...11...1i0n Hitting wu ordered.

CENTRAL CRIMINAL COURT.
(THIS DAY.)

(Before Mr. Justice Wiles.)
SINGULAR CHARGE OF MANKLAI,GIITER,

it'd/lam Harman, 47, labourer, was charged upon an
mdictment, and also by the coreser's inquisition with the
•,,cm.laughter of William Bagley.
Mr Cunningham conducted the prosecution.

The circumstances under which this charge was preferred
•,gainst the prisoner were rather peculiar. The prisoner
was a pauper attendant at the Lambeth Workhouse, and
the deceased, it appeared, was taken to that esta-
blishment on the 3rd of April, suffering from
partial peralycis, and he was placed in • ward
which the prisoner had the charge, but his
only duties were to wash and dress such patients as
',ere unable to perform those offices for themselves,
he was not permitted to give them medicine, a
t.niale officer having this task allotted to her under the
of the medical officer, Dr. Sullen. After he wee
..dinitted and placed in bed the deceased was very uneasy,
.nd partly delirious, and he kept getting out of bed, and
would not remain quiet, and pulled oft the bed clothes,
..nd it was with great difficulty that be could be kept in
bed. The prisoner appeared to be very angry and annoyed
at the conduct of the deceased, and after he hail placed
him in bed upon one occasion it was alleged
that he held the deceased down with great forte, and
~.ised his arm in a threatening manner, and
• ihl that he would give him something that
would keep him quiet. According to the case for
lb.• prosecution, immediately after saying this the
,i‘oner took &bottle of morphine that was kept in the
0.d.1 for the purpose of being administered as night doses
u, -lel. patients as required it, under the direction of the
.e h.. 1 men. but which was not intended for the deceased,
ndminiatered a large dose to the deceased.
e following morning he was in an unconscious state,
all..•diedcbortlyafterwarda,iuconaequence,aa was alleged,
the quantity of morphine that had been administered to
b) the prisoner. Upon the medical officer, Dr.
1,•lb I!, finding what had occurred he made some
:id it was stated in the presence of the
1., .qi.er that he had given the deceased four or five
td.'.e.spoona full of morphine on the previous evening.
it transpired in the course of the inquiry that not
'"ay morphine but a great quantity of other medicines
a• le kept upon a shelf in the ward, where anyone could
,•ily obt !in access to them, and that when any medicine
given to a patient the order was given by word of
tL and not in writing. The bottle that contained the
o,orphine was a 14 ounce bottle, and it was labelled, and the
' ',dente went to show that although the prisoner was
.I..lliter:denim, be could read sufficiently to be enabled
t know what the bottle contained. Accordance to the
.''"bigot of a man named Smith, who saw the morphine
•elunnutered, the prisoner poured the MOT-
into a tea cup, and when he handed
't to the deceased, he said, " Dere, here is a
!ace drop of port wine for you," and the deceased took
n, Nod drank it off, and immediately afterwards he
r.l'e.,:ed to be almost stilled. The prisoner then said to
' You have got it in your guts now," and went
•".1, and the deceased became unconscious shortly
It rwardt and remained in that state until his death
oPtantred that when the prisoner was questioned
oPoo the subject he admitted that he had given the de.
:abed a dose of morphine, and that he had done so with-
u'itt re7.l. and he at the same time said that
was very violent and dehnous, '