The Express.
London, England, 1861-03-23 00:00:00

(Stamped, ld. Additional.) [TWOPENCE.

JAW INTELIAGENCE.

EQUITY 0017RT11.—Masca 22.
(Before the Lorde Juitices of AppesL)

THE WARDEN AND ASSISTANTS ON DOVER HARBOUR V. THE

LONDON, CHATHAM, AND DOT= ILAILWAT oonnionT.
Their lordships this wording delivered their judgment
upon this appeal motion, baud early in the present month,
in consequence of the parties lowing differed as to the terms
of the order supposed to hive been taken by consent at the
conclusion of the argument. The object of the motion was
to dissolve an interim injunction granted by Vice.ChanceUor
Stuart, on the 7th inst., restraining the defendants from
carrying their railway across Limekiln.street, Dover, on any
other level or in an_y other manner than was required and
authorised by the Fait Kent Railway Extension Act. It
appeared that the defendants, who had a discretion given
them under their special act to carry the railway over Lime-
kilrYstreet on a level, had not exercised that discretion, but
were proceeding with their works, with a view to carry
their hoe under instead of on a level with Limekiln-street,
intending to raise and divert Limekihr•street so as to carry
it by a bridge over their line. The plaintiffs complained
that by this mode of construction lejnry would be caused to
four homes belonging to them, behind which the railway
was intended to pass. The Vice-Chancellor grunted the in-
junction on the ground that the defendants special act, in
his opinion, imperatively required them to carry their line
over Limekiln.street on a level therewith.
Their lordships, however, took a different view of the
construction of the ant of parliament, and held that it was
only permissive and notiniandistory in its toreros, and that.
less injury would be occasioned to the plaintiffs by dined?-.
Mg the injunction than to the defendants by continuing it.
They therefore made an order dissolving the injunction, but
requiring from the defendants an undertaking in the same
terms as that embodied in the order supposed to have been
taken at the conclusion of the argument upon the appeal
motion, which terms are given in the report of the case
which appeared in our paper of the 12th Mat.
Mr. Bacon, Q.C., Mr. Malin, Q.C., Mr. Cotton, and Mr.
Renshaw apposred fur the different parties to the motion.

child's clothes which it had on when taken from Mrs.
Grist's was found in her box.
Yr. Marries, surgeon,asld hebedmule a post mortem exa-
mination, and externally there were no marks of violence.
There was a quantity of sand in the mouth, nose, and ears
of the child. The brain wu healthy, but the membranes
were highly congested. The heart was also healthy. There
was food in the stomach. The child had not died from
convulsions. Death had certainly taken place from
drowning.
When before the magistrate* the prisoner said she could
not support her two children by herself, and that statement
was put in.
The learned Judge carefully summed up.
The jury returned a verdict of GII itty, with a recommen-
dation to mercy.
His lordship, stating that the recommendation should
lave dee weight, sentenced the prisoner to death in the
usual form.

The prisoner left the dock apparently overpowered by the
sentence.

WESTERN CIRCUIT.—TLvxrox, MARCH 22.
Caowii CouTer.—(Before Mr. Baron Martin.)
THZ DUNDRT MURDER.

Matthew Ridmvn, 31, asd Cicrl;;lViclm,,re, 22, were
indicted and charged on the coroner's inquisition with the
wilful murder of Sarah Waterman, at Dundry, on the 9th
of January last.
The prisoners both pleaded not guilty.
Mr. H. T. Cole and Mr. Montague Bere (instructed by
Mr. O'llonoghue) appeared for the prosecution, and Mr.
Spike for the prisoners.
Me. Cole, bovine/00d flagellum Called the faUswilli#4o6.
ears :

O. Waterman7l am a Chaises pensioner. On the 9th
of Jan. I was hiring at a house at Dundry.hill. My wife
was living with me. The high-road runs at the back of the
house. The front door °pew] into the kitchen, and there
was a milk-house on the right-hand side of the kitchen. On
the evening of the 9th I nal my wife were sitting in the
kitchen. About 7 o'clock we beard some one kuock at the
door, I west amlsaked who was there; the answer was "The
Winfield policeman, John." My wife was sitting by the fire.
I opened the door. Matthew then struck me on the head.
Charles was with him. Os being 'truth I west redo the
kitchen. Matthew followed, and struck me to the ground.
The blood flowed very much. I can't say hoW long I staled
on the floor. I could not see what Charim was doing.
After some time Matthew Widmere took me up by the
collar. I did not see my wife at this time. Matthew took
me upstairs, and tasked where the mosey was. When the
men were beating me I
.aaked them not to hurt a; wife,
and Charles Widmore " I have put her to sleep. When
I was upstairs, Charles Widmer, came up dui after us.
I told them the mosey I had was in a box on the other side
of the bed. Charles Widmere went to the box, and took
what money there was in it. There was a watch in a little
box, which was taken out by Charles Widniore, and Mat-
thew said, " Put that in thy pocket." At the time Matthew
was holding me by the collar he had a short bludgeon in
his hand. Charles Widmore took off the bedclothes, and
while he was sauthisig„ two pistols which I kept under my pil-
low fell out on the floor. They were loaded and capped. Charles
Widmore pointed the pistol at me and said to his brother.
" Tiekeend kill him ; we don't mind killing people." I did
not hear his brother any anything. He did not fire et use.
Charles Widmore then searched all the drawers. He took
out a bottle of brandy and put it into his pocket. Mat-
thew bad hold of me all this time. When Charles got the
bottle Matthew got him to hold me, and lie went away
somewhere. He came back again soon after and took me
into the kitchen. Charles tools a loaf of breed and cutoff
some bacon which was in the kitchen, end tied them up he a
handkerchief. Mathew then took rue into the milkhouse.
He asked me for a in the kitchen, and he fot one lied
took me into the mikkahss, tied my arms behind and my
lep together, and told me to wait 20 minutes and then call
my wife to release me. I believe Charles was in the kitchen
at this time. After I wee tied up I did not see anything of
the prisoness. I managed to get loose, and went into the
kitchen, where I found nay wife almost dead, lying on the
floor on her right side. I tried to lift her up, but I could
not. I then went to William Lovell's, end he led me lack
to my cottage. I had some money in the house, which I
kept under a stove in my bedroom ; it was between 30/. and
40f. I had sold a house and garden three weeks before to
Wm. Widmore, the prisoners' brother. I had had the money
in my house about a fortnight. There was a watch in the
kitchen which I saw shortly before the prisoners came. I
did not see it after they were gone. I had same keys in
my hour, which I believe my wife had in her pocket. (The
watches, pistols, ant: keys found on the prisoners when ap-
prehended were produced and identified by the witness, and
also the bludgeons) The prisoners' mother was my aister's
daughter.
Crem-examined—l shall be 75 years old next autumn. It
was dark when I opened the door. Before I could see who was
there the stick cane across my hand. I esn't say whether
any persons lesides the prisoners were close at hand. I was
very much injured bythe list blows, and was rather stunned.
I believe that the door el the cottage was shut after the
prisoners came in. I can't tell whether my wife was in the
kitchen when I was taken ap stairs. The blood ran over me
so that I could mdse. I don't believe there were any more
than the prisoners in the house besides me and my wife, but
I will not swear there were not. I have never mentioned
the expression made use of by Charles when be pasted
the pistol at me before to-day.
Re-examined—When I was first examined by the magi-
stMee I was very ill ; I don't know that I was afraid I
should die et the time. I have no doubt the two prisoners
are the two men who were at my house on the night of the
murder. I had known them before.

titatemenhi, voluntarily made by the prisoners, eaeh ac-
cusing the other of striking the blows which led to the death
of the deceased, were read.
Mr. Speke, on behalf of the prisoner, contended that the
charge of murder had not been legally established, and com-
plained that the statement. alleged to have been made by
the prisoners had been withheld from the parties engaged
for the defence. The jury must not rely on the statemetts,
except so far as it concerned the persons who made them ;
and, putting aside those statements. he submitted that the
evidence was not sufficiently clear to warrant a conviction.
The learned Judge summed up, and the jury, after a
brief dahberatiou, returned a verdict of Guilty, and his
lordship passed sentence of death, without the slightest
hope of mercy.