The Express.
London, England, 1861-03-04 00:00:00

tab) Intelligcnrc.

roller's inquiiitioo, for the maulaughter of George Hum•
berstone. _ _

MITIKIPOLITAN COUNTY comas.
1011186 derrard lea Ur preseat weak.
7gOrgra, Mrlbisdara. Maraday, March :
nursday. T ; Friday. IL
MardigiCaT, Portland .coad.—Werbradag, March 6 : Thum
411 Friday,b.
asurwaaa. Naar ierrace.—Tuesday, March ; Warlor-
ds,. 6. Friday, 4.
Ito by
M hitebradairrovc.—Wesinesday, Starch 6; Thurs.
N 7.
aloagniTell, 01. t street-road.—Tuesday, March 5: Thursday, 7.
Bor. Irrarki-road.—Wednesclay, March a
MllMlctursi, Great Proscadt4nreet.— Tnesday, March
Medullary n Friday. 5
AotTllll,4 11. Sow aired. Borough. Tuesday, March 6:
Thursday. 7 Frido ,d.
( anOß:veil New-road—Tuesday, March Way.
aralay. n
ers' c 1 r,..sts se, Guildhall hulldings.—Tueaday, March 6;
Wedarda). . Thursday, 7.

The deceased was a boy rather younger than the pri-
soner, and they and two others were playing together on
the tZth of October, when they quarrelled, and the prisoner
Eckpicked op apieoe of wood and threw it at the deceased and
Wm behind the ear, causing a wound. At fint it
was thought that the injury was not of a serious character,
but in a few days lock-jaw cams on, and the poor little fel-
low died in great agony.
The grand jury in this ease Ignored the bill, and no evi-
deuce Wu offered upon the coroner's inquisition.
The jury returned a verdict of Not Oeilly.

MIDLAND ClRClllT.—NommAitrrox,MAnca 1.
bitting' at Nisi Prins —(Before Mr. Justine Crompton and
s Special Jury.)
ALUM r. ROTLZ-111111NONMENT OW AN MUM OPTIC=

MIL MANBLAO6HTIII IN Till MIL/TAIT PILBON AT WUDON,
AND IN NEITUATI LID MILBANK.
This was an action for illegal detention in prison. Mr.
Macaulay, Q.C., and Mr. Field append for the plaintiff ;
and Mr. Mellor, Q.C., &denial Hayes, and Mr. Beaaley for
the defendant.

EQUITY COURTS.—MARcH 2.
(Before the Irani■ Justices of Appeal.)
?HUT C. IMMWAT AIM OTHERS.

This was an appeal from an order of Vice-Chancellor
Stuart, whereby he had. under the circumstances stated in
detail in the report in our columns of the 2hid of February
lad of the motion before him. committed the defendants
Hitipway, Darrell, and Evans, for contempt in disobeying the
order and injunction of this court, which restrained them
from hindering or molesting the pastor. deacons, and con-
gregation of a baptist chapel at Sable Hedingham, Essex,
and from intermealdling with the services to be performed
in the said chapel, and from molesting or disturbing the con-
megation in the enjoyment of the chapel.
it appeared that Mr. Bartell and Mr. Evans had, not-
withstanding the injunction, taken certain steps with a
view to hold a church meeting at the chapel, with the cog-
nisance of the defendant Shipway, which bad been con-
ducted, LI the plaintiff alleged, in a disorderly manner.
la support of the motion to commit, affidavits were read,
slating that Swell end Evans had, on the 30th December
last, got inside the chapel during the performance of divine
service, and that at the close of the service Barrel gave
notice of a special church meeting ; that one of the
members of the tion then told him he was
not a member, to whic he replied he did know that ; that
on the Otb January, Harrell being again present in the chapel
at the performance of divine service, a peat number of the
lower order mine into the chapel, and caused much inter-
ruption by their noise ; that Mr. Bonner, one of the mem-
bers, then said there was no church meeting ; and that
ultimately Darrell said those who wanted Shipway for
their nuniater were to hold up their hands, which
a great many did, with stamping. Upon this evi-
dence the Vice-Chancellor had come to the conclusion
that a breach of the injunction had been committed, and
made the order for commitment appealed against.
Mr. Bacon, Q.C., and Mr. Craig. Q.C., appeared to sup-
poet the appoal ; and Mr. Mali," Q.C., and Mr. F. J.
Turner, contra.
Their lordships wore of opinion that the acts disclosed in
evidence, however discreditable in themselves, did not con-
stitute a breach of the terms of the order for the injunction,
and they discharged the Vice-Chancellor's order for 00171.
initial, bat without costs either of the appeal, or of the
motive below.

Mr. Macaulay, in opening the can, said that the plaintiff
woe a young gentleman not more than 21 or 22 years of
age, and this action was brought (only nominally) against
a most respectable gentleman, Captain Cavendish Boyle. the
governor of the military prison at Weldon in order to
' recover nominally from him, but really from the department
to which he was subject, compensation for the illegal
treatment be had undergone contrary to law and the inten-
tion of those from whom he had received • very severe
award of punishment, under the circumstances that he (Mr.
Macaulay) was shout to state. Mr. Allen was • lieutenant
in the tlisd regiment of Foot, having entered the service in
1856, when be was only 16 years of age. He joined the
army as an ensign, went with his regiment to the Crimea,
durum the Russian war, and warn soon raised to his present
rank of lieutenant. I. 1886, he went with his regiment to
India, and served with credit in various actions daring the
late mutiny, and was certainly an onion who promised ex-
ceedingly well. In November, 1858, an occurrence (which
could not be excused or pardoned legally or strictly)
took place, which involved him in very serious
consequenoss, bat which would bier considerable mitigation.
He underwent • conviction for the crime of manslaughter,
banal; had the misfortune to inflict upon • native servant a
blow which resulted in a wound. TMu was supposed by the
mart to have caused, a fortnight or three weeks afterwards,
lock-jaw, of which the man died, and for this he was tried
before a court-martial. On the finding of the court he was
sentenced to be imprisoned for four years, but without hard
labour. To their spprehension this was namely intelligible.
But when they looked at what the law was upon the subject
they found that • person who was sentenced to imprisonment
by a court-martial was under certain rules which were con-
firmed by the general orders of the Commander-in-add.
In order that they might know at once what Mr. Allen
bad incurred in the way of punishment, he would state to
them that, although the sentence had strictly to be carried
out, yet those general orders stated that for the first six
months the imprisonment was to be close confinement, the
prisoner to take two hours' exercise daily, under the charge
of • sentry; his meals were to be provided by the staff
officer of thermic', and no books were to be allowed him
except those which were recommended by the chaplain. In
the next half-year be might have • free supply of books,
might mene vision for one hour daily, and was allowed
to have @errante or coolies at his own expense. The third
half-year, and during the remainder of hie confinement, be
was to be allowed to take exercise without the sentry, end
was allowed to have beer or wine at his own expense. This
court-martial took place in February, 1859, and the Com-
mander-in-Chief (Lord Clyde) was by law ordered to direct
the place of his imprisonment. Mr. Allen was ordered
to be imprisoned at Fort Agra, and thither he was ac-
cordingly sent, travelling with the colonel of his
own regiment. He mentioned that to show that Mr.
Allen had not fallen into any dime* but arrived at
Agra without any stigma attaching to him eienonally.
At Agra he remained for several mouths, and during that
time had • radius of four miles in which he might rids,
drive, shoot, and enjoy himself as he pleased. He was
received in society, and dined at the officers' mess as if he
were sot under a criminal conviction. After be had been at
Ave for some months he was removed to Calcutta, and
at the termination of eighteen months (they knew not by
whom or what written or official proceeding was taken),
Mr. Allen was sent to England, and then a most extra-
indium, series of official blunders took place ; but be did
Doi impute anVii.d to anybody beyond blunder. He
wee sent to without say order free the
enanmeder-in es to the pima, manner, or method of
Ids imprisonment ; and although arrived here in the
=of • gentleman (but certainly under arrest), he was
as • mere convict, and from that time underwent
the mast extraordinary Inatmert. He came home io •
ship with invalid soldiers, under the command of Captain
Hamm, and during the voyage lived with the cabin passen-
gers, and asamisaM with the °thence the ship. When
the ship arrived at Otavesend, oa*.in Holmes thought it
better that they should go to Chatham. They went there,
and reported themselves to the commandant, who said he
did not know anything about Mr. Allen, but he bad better
consider himself under arrest. Mr. Allen did so, and the
commandant sent to London, and in consequence of his re-
ceiving some order which was perfectly illegal, and without
any warrant from the only authority who could give any
order on the subject, vie, Lord Clyde, he was taken lay
en escort of two private soldiers to the convict establish-
meet at Milbank, where his hair was cut and his moustache
and beard were shaven off ; he was put in the convict dress,
was fed en the ordinary convict diet, and was put to hard
labour. This lasted for three weeks when—they knew not
law, but they suppmel by gross, stupid ignorance—he was
mond to Woodall. He there came into the hands of •
most respectable gentleman and gallant soldier, Captain
Boyle, who was the governor of the military prison.
Captain Boyle held Mr. Allen in his custody there as he
could not help himself, and though he did not treat him
quite so badly seat Millbank, still be was put in the
prison dress as • convicted felon. He did not ask
them for vindictive damages, hut for such compensation
as Mr. Allen ought to receive for having undergone in Eng-
lead a degree of diagrace, ignominy, and personal annoyance,
inflicted epos him by the gross error of official people. He
might add that after a week Mr. Allen warn removed in the
same mysterious manner to Newgate, and from there to the
guano's Prison, the punishment seeming to get lighter and
lighter. In the term before last he obtained • writ of
habeas corpus, by which it was ascertained that he was
wholly illegally held in milady, except under the order of
Lord Clyde, and therefore be was discharged by the Court
of Queen's Bench. Of course be was only entitled to
damages for what be had illegally suffered in England, and
they were asked to arm what he ought to receive for his
solitary confinement in the prison at Weedon.
Lieutenant William Henry Craven Allen was then called
end examined by Mr. Field in support of the above facia.
On being cross-examined by Mr. Mellor, he said—Captain
Boyle told me on the first day that I should be a marked
man if I wore my own clothes, and provided me a new suit
'of the prison dress, to which I made no objection. On the
Ind day be sent me a dinner from Ma own table. My
health did not gaffer by removal from Milbank to Weedos.
It did not improve. It was arranged that I should have •
medical certificate, in order that I might have an improved
diet. I bed the use of my owu books. I was only kept
distinct from the common soldiera. My door wasleft
open during a part of the day. Captain Boyle did all he
possibly could to accommodate me. I was appointed an
ensign on the application of my father to the Duke of Cam-
bridge, and without purchase. Ily next step was also with-
out penises. I wax charged with murder. I was not in-
formed of the finding until it was confirmed, after nearly
two months' imprisonment. I had an interview with my
father at Militias*. 1 asked him whether I could not obtain
my relieve. I have brought anima against the Duke of
Cambridge, Lord Herbert (the Secretary at War), General
Wetherell. late adjutant-general; General Searl!tt, Geoerid
Eyre, of Chatham ; Colonel Gordon, the brimde major
there ; Mr. Brarnley, the Gonne, of Millbenk Prison ; Mr.
Jams, the Governor of Newgate • Mr. Hudson, the Go.
senior of the Queen's Prison ; and ilajor Boyle, the present
defeodant. I was discharged by the Court of Queen's Bench
on the 24th of November last. My sentence, if carried out,
would have expired in February, 1863.
Its-examined by Mr. Macaulay—l put myself into the
hands of my lawyer. I had no means of knowing who was
legally responsible for my dentition at these pieces. The
action against General Lyre at Chatham is to be tried. I
believe the others have not gone beyond • writ.
This being the case for the plaintiff, the court ad-
journed

Clown Com.
(Before Mr. Justice Willia)

THE EXPRESS, MONDAY EVENING, MAECH 4, 1861.

grszetted on the application of his father, and in considers. I
rim of Hawke' rendered by his family. He went to India,
and there committed an act which Mr. Macaulay said
did not impeach him in any way, which the
people of India looked leniently upon, as though
he (.111L_
_Allen) bad committed a most trivial act.
He so regret if that were a true representation. He
believed that many of their difficulties in India had arisen
from the mode in which young officers going out from Eng-
land had treated the native people. He wee tried before
thirteen or fourteen officers, eminent gentlemen el his own
clam, by whom be had every reason to expect his ere
would be treated laniard , though most carefully and im-
partially. The iavasgptiaa occupied two or three days,
and then he was convicted, not of murder but of man.
slaughter. Lord Clyde confirmed the proceedings, and sent
a copy of them to the Duke of Cambridge for his approvaL
The learned counsel read two formal letters which accom.
parried tbst=dingeeand went on to any that they must
not regard Boy as being indemnified, but they must
decide the question as entirely between him and Mr. Allen.
Let them look at the way in which he stood towards Captain
Boyle. He had been lawfully sentenced to four years im.
prisoernent, and now, instead of being in prison at Agra, he
wu • free man in England, in oausequence it might be of
a misunderstanding of the Mutiny Act, or that Lord Clyde
had ao power to make any order. Where was his injury!
Instead of being in prison for four years in India, and then
having to transport himself to England at his own e
he had been brought over as a cabin passenger, has=
the liberty he could desire. Coming to Weedon he was
received in the usual way by Captein Boyle, who relieved
him, and mitigated his treatment as far as he possibly could.
What claim in the world had Mr. Allen for any damages!
There was nothing arbitrary in this matter nor
any desire to oppress and injure him, but an
honest hone fide belief that the imprisonment
was justifiable. He did not think that a gentle.
man who had been convicted of manslaughter, and
who had obtained his liberty under such circumstances, was
the man who should ask a jury for damages, and he asked
them whether they would encourage such actions on the
part of him and his attorney by giving them damages which
would only whet their appetites.
Mr. Macaulay briefly replied, after which
The learned Judge summed up to the jury. telling them
that the only question which came before them wan the
amount of damages to which Mr. Allen was entitled. Of
course they must consider his status in society, and take
into consideration the circumstances under which he was
held in custody.
After an absence of three quarters' of an hour, the jury
returned a verdict for the plaintiff—damages, 501.
The court then proceeded with the trial of prisoners, and
the business of the anise was concluded in the afternoon.

WESTERN ClRClllT.—Wuccuserzs, MAiecH 2

Joseph Diagree , William Bartlett, and Joao Harris,
soldiers, were indicted for a burglary at Parkes.
➢ Poulden proseeded.
Prisonen bro Mode promisee of Mr. William Sieved
a tailor, and stole same cloth, and the schlepce being cow-
elusive, they. were convicted. In the dock
themadves in an haptideat and sasaser,
smiled the waning. with fool knows, Oda limn
and " duffers," and desigastadi Ib Joey ea sesslawlampers.
They said they did sot mess top siorbg any more, and
Blair.s threatened to grossly Weil Id lordship it he did
not give them 14 years.
Former convictions were revel *Oast Harris and
Dialyse, and they were seateasid be saves rime penal ser-
vitude each ; Bartlett to IS arathe higrisourset.
The primmers threw their saps at this harmed judge, used
the most horrible language, and were removed by fore. from
the dock.
NORTH:MN cracurr.—NirwcAsns-os-TyNs,