The Express.
London, England, 1861-12-07 00:00:00

THE EXPRESS, SATURDAY EVENING, DI CEMBER 7, ism.

Lab) Enttlligtnct.

COURT OF QUEEN'S BENCH.—Dac. 6.

Sittings at Nisi Prius at Weuhreisseer.—(Bidcee Lord Chief
Justice Cookburie mad a Comma Jury.)
BUTTIZIIL e. BA/TT.

Thia wail an action to mover 250/. for a horse. The de-
(umlaut pleiuloa that ths bores was unsound, and 'mild 50/.
lot" court. _ _

Knowles and Mr. Field were counsel f'r the plain-
tiff . sod Ur. Ssrjeant Not& and Mr. Udall appeared for
the detcndant.

The plaintiff, Mr. Botterill, a fanner is Yorkshire, exhi-
bited the hone at the DriQleld Agricultural Show, and sold
him fur '27.01. to thu defendant, who is a farmer and horse-
dealer at Ripon.
The dormice was that the animal was a " whistler," spa-
vined aml lame, and had other defects which reduced its
value to the sum laid into court.
A oousidelable number of witnesses were called on both
sides. and aa usual in these cases their evidenco was very
coadictieg.
The trial bad not concluded when the rout rose.

COURT OF PROBATE AND DIVORCE.
F.
(3ektv the Judge Ordinary.)
1111)1,11N r, Ari/DON AND DOYLE._

Dr. Phfllim.ore, Q.C.. Mr. Bushiii, sod Mr Butler ap.•
=lke the petitioner ; Mr. Hawkies, Q.C., Mr.
for the co-respondent.
The wife simply denied the allegation of adultery ; but
the 11041epnetfrot (Mr. Edward Doyle), a solicitor, charged
the pNNwner with adultery, and with conduct conduciug to
adultery.
The petitioner, who is connected with an extensive
cabinet-shako g business is New find-street, married the rise
spades( nuleown to kis friends is Marih, IS.'3. They
!al bud firs children. In the month of June, 11452, they
we'd to Margate together, and woe afterwards the pets-
breve discovered some partially destroyed letters addressed
by the co respondent to his wife. TZlyi were couched
te terns.
is very warm and affectionsrms. erring to some
previous we canna. the writer said that he had had • mis-
giving that she would not come, but that when be found she
did not keep the appointment, he thought that Lo should
love cows niad. He urged ber to take the decided step he
had proposed to her, sod promised to use every effort to
assure her happiness. Mr. Seddon demanded an melees-
tea. sad hie wife succeeded in satisfying him that whatever
her indiscretion, she lied net been guilty ot any actual
guilt. t )11 the 27th of August, however, the left his house
and took lodgings, bet he meet to her and induced her to
return. Ten or twelve days later, however, she epic
quitted hum and eh* was proved to have dem been
loving with the eo-respoodeates Mrs. Doyle, at No. 5, Bodice-
ter-row, Ca' mdse. town. A letter from the co-respondent
to the petitioner was also read, in which Mr. Doyle re-
minded him of the well-founded aversion which his wife
bad long felt for him. lie told him that she only wished
to have her children, tnd suggested that an arrnagement
sight be come to fur the purpose of putting as trod to the
uuhappy marriage, sod at making sums reparation to his
unhappy wife. The petitioner claimed damages. .
For the defence it was urged that the petitioner was In
the habit of taking hakeist liberties with servants sod
other women, sad ad actally committed adultery
with a person oared Martha Fioknou. In support
of these allegations sirs Peterkin, the mother of
the respondent, who was called for the petitioner, stated,
is croarexaminatioe, thistle was in the habit of staying out
late at sight, and that that had caused some unhappiness
hearses him suit his wife. Os the 20th of lest Dereniber
the respoudent wrote • letter to witness. It was reed, and
was a very pathetic *imposition. The respondent said that
she had siwsyc hew • seed twin sad effeettenet• wife sod
mother till one day, shout two years ago, when else disco•
vered that her poor lost lambent] hiol been unfaithful to her.
Rho stated that she had suffered seriously in health through
his neglect mad his eadeavoute to make her jealous ; that
while she was hourly expectiug to be confined, her husband
trespassing the night in irni:t with the servant, Sarah Grant ;
that soon after her confinement he bad taken Sarah Grant
te Cremoroe that be bad tried to got into bed to • sures
namodClara Tricker, with his owe little daughter lying by
her side ; that he had given Tricker a sovereign the next
day fur not telling her mistress ; that be hail often limped
her, lied had asked her ff she would marry him in caw aby-
thieg happened to his wife. Mra Palladia pieced the letter
in his hands. sod after reading it, be rarely said, " Poor
Lizzie had taken • sad step. but that she did sot know about
Tricker before she had left my house."
Clara Tricker was wont and confirmed this sisiement.
The circumateacee referred to occurred at 120, Gamow
roed.villas. in August, 1859. When the petitioner mese to
her mom she was *sleep ; but he woke her with ic
her, and begged and prayed her to Ist him get into the!.[
Ho was in his night shirt. Told him that if be did set
leave the room she would shout foe Sarah Grant, Told hies
also that the little girl we. waking ; awl reproached Was
with taking analogs of his wife's absence fuss bean to
make such an arab upon her. Ile kissed bar seemed
times, mad them he left the room. Wieser brew
dietely 114 a the bed, and locked the
door baud bin. The next morning, wheel be cane
tato the het
irsawiry be , as did, to sr
the ced bi er kes mbe an he said, "Aad what
le lee natter with yob mar Told hint that there wee •
pod deal the nabs; and Uri she would tell barristers's
ease as she atased beam He MEW her Dot, sod at lest
wirier ereated met M ear it. One Sunday rowing
after this he stopped her I. the street, sad throked her for
bee Weasels is set tang Mee Seddon. Boon after Christ-
ear the family mussed be 20, Dloucester-places Oakley -
spare. At that been, whenever Mrs. aaddou's back wu
awed, he woe la the bait of catching her rid Mang her.
Thratesed to tell Mr. Seddon, but did set Elbe Mode so for
feu ef loam her sikagen. The petitioner ewe
her to take • average le keep eilewee shoat htniTsoatci
coming
ler her room. On aim cousins wiser saw him
take his wets from Sarah Oita% seek. Hrs. Sa-
da had then bee only recently enellaed. He had
issued his wa iato • leer where Ikea Oral was
✓uble ; end hal pat his had on her hero.
Whoa wirer ewe Ilona Wain pet_a twig ewer err
ebeaden. Oa the eight that Mn. alias wee esallued,
Ns. Wien hello tisawlegaseet flash Ora slept
a the ram end eirransienting dra w-
inside= by la Augur, HOD, Mr. Redden
west le kw. sad wee she sheen throe days. Saab
Ora bei pee away the same rears bat at as earlier
bras.
Oa eresseianaelke the wittier said that. she Ora told
Mr► beldam of the patiseeee eadat pet baler last
Obeiskeem Wirer Ind her Is Um Sedates service
wale she Ile• tang wait Mr. Doyle.
Man Mergray aenthermal at the Satre Hotel, Soria-
den, pawed that as the rah of August, 18(10, the petitioner
Leughe • lady "'the hart They occupied separate mats,
hat they rases lie moo ladies.
Madera yes eke given to the afoot that the ratios.,
bails lady, at NIL Win, with him at Roes ; but wahine
bed bees Nee between these.
Harsusued, • osikker, proved that la August, HMOi
the petitioner 'eked kiss his advice reganhag his disputes
with his wife ; bet alarm did Oct regard lilm a chat.
liefieeed, heel whet be bed Was heard, that the petitioner
had sore to hint r on attorney ; bet witness merely looked
se Wu as • fried, sad did sot make any charge.
Sir O. Creswell said that the owe owes very to one
of privllage ; sad saioaresd the further heraiug of the 411111•0
MU &NW.

MORDIJL.

Jane Anne Moore, 19, a very goal•looking girl, was
cbarged by ao indictment. and also op.,' the coroner's in-
quisition, with the wilful warder of her ueuly-Lulu female
child.

Mr. Hiroo conducted the prosecution ; the prisoner wee
defended by Mr. ltibtoo.
The circumstance, of this case were of a very distressing
character. It appeared that the prisoner was in the service
of Mr. Parkhurst, a farmer at Shute, and that tio the night
of the 21st of October her master's daughter heard her get
up and go down stairs several times, and she inquired what
wart the matter with her, and she replied that she was
poorly. On the following morning there was some suspi-
cion that she hail been delivered of • child during the
night, but she declared that it was not so. The family
sere not satisfied with her denial, and procured the auis-
Mace of Mr. Terry, • medical gentlemaa residing
in the neighbourhood, and be soon ascertained that
the suspicions that had been entertained were cor-
rect, and he made • search about the premises, and in a
wood lodge he found the dead body of a female child in an
old guano bag. The body was quite cold, and upon it being
examined, it wee discovered that • handkerchief bad been
tied tightly twice round the neck, with a knot in front, and
it had been drawn so tight that it required considerable
exertion to remove it. Upon • post mortem examination
the surgeon discovered congestion of the brain, which
is an indication of death by Miangulatios, and there
were other appearances which indluosil Mr. Terry to
express an opinion that the child had best born
alive, and that it was strangled immediately altar
birth, sod this opinion was strengthened by the additional
facte that the infant appeared to be full grown and per-
hotly developed, and that during the night, when Miss
Parkhnort was disturbed by the prisoner going down Maim,
under the circumstances above stated, she heard a faint cry
apparently prociredin'• from an infant. It also appeared
that shortly after the discovery a woman in whose charge
she had been placed asked the prisoner bow she came to do
such • thing, and she replied that she did nut know what
she was about, sod added that the child was nearly dead
when it was born. It will be sees that then were very
strong facts in support of the charge ; hut upon Mr.
Terry being erossaixamined, he said that the my referred to
might have bus made by the infant before it wee fully in
existence, and he at the same time said that If Its, handker-
chief bad been tied round the throat of the child while it
wee alive, he should have expected other appearances than
those be observed upon the body of the deceased child.
Mr. Itibtoo made a most feeling appeal to the jury on be-
half of the unhappy prisoner.
Mr. Justice Williams having summed up,
TIN jury, after a short deliberation, found the prisoner
Not Guilty of murder, but Guilty of unlawfully endeavour-
ing to conceal the birth, and she eras sentenced to be impri-
toned and kept to hard labour for one year.

NORTH WALES CIRCUIT.—CnEKTER, Du% 6.

(Bdore Mr. Justice Crompton.)

Witness (sweerioglv)—Poor thing.
Mr. Humphreys— this girt ie the witness who saw her in
he'd with another man, and is to apptor against her in the
Divorce Court. I say that this is a foul oonspiracy by the
woman Powell and other women to shake the credibility
of her evidence to come hereafter by trumping np a
charge with the view of getting her convicted as a felon,
or reodoriug her in such a state of weakness u perhaps to
kill her.

114.Mansfic11—She MD either answer the question you
put to her or refuse. As she auswers or refuses so will her
credibility be tested.
In reply to Mr. Humphreys,
Mrs. Powell—The coats and other articles were not given
to me by my husband to give to the prisoner's mother. Cer-
tainly not. I have seen him take his handkerchiefs and
collars, cut them up with scissors, and put them on the fire,
so that no one else should wear them. I went to prisoner's
father on the 4th of this month. I was not drunk when I
went there nor tipsy. I did not commit enact unbecoming
a lady whilst there in the passage. Mrs. Hewett went
with me, but not her husband. 1 made no disturbance
there, but there were other parties that tried to do so. I
did not want to give everybody into custody, because that
would have been an awkward thing to do. I was perfectly
sober, perhspe more so than you are now. We went in
search of liewett's husband, and I had some cold brandy
and water. Went to Mr. Caple to inquire about
my property. I did not give her in charge be-
cause she was to give evidence against use in the
Divorce Court, neither did I tell her that if she gave evi-
dence she would be prosecuted for perjury and get three
ars' imprisonment. I did not say that my solicitors,Messrs. Newbon and Evans, would prosecute her. Them is
only the thimble that I charge her with. The dress I have
110430 her mothor wear, °sly ft has been dyed skim Her
mother came to work at my house, not as a servant, but as a
need lewoman. I took her into the country with me, and
paid her fur her journeys, and not for the needlework. I
thought it paid her by takiug her out in the country to
enjoy herself. I gave her in charge last night, and I think
you need not ask that question when the prisoner is here.
I shell not answer yea as to whether I was in bed with a
man at Brighton, sad you ars mimeo to ask sash a question.
Mr. Mansfiekl—You ought to put your veil up whilst in
the box.

Witness put ttp the thick veil, and In A style of greet
hauteur said, when females are made to blush by such
questions es have been put to me, it is time for them to
put it down.
Witness was then cross-exandoed about the thimble, the
identity of which she by no mew daily established.
A female named Hewett was next called, mid in cross.
examination by Mr. Humphrey., weakened instead of
stmogthened the cue against Use prisouer. Her answers
were
levity. very unbecoming, and she showed a great degree of
Mr. Mansfield informed Mr. Humphreys that he did not
require to hear more in this asse. Dwing him experience aa
a msgistrate,which had been now for several years, he never
saw a more complete break down of a case, and one which
had been trumped op in order to defeat the ends of justice
elsewhere. Au infamous woman gives an innocent woman
into charge and cornea into court, and swearing to all kinds
of lies imaginable seeks to get her punished for an offence
which she had never committed. To aid her in this she
picks up with a wretched woman whom she suborns to
commit perjury. A more poet case I never had before me.
The young woman is discharged.
Mr. Humphreys—Without a stain upon her character
Mr. Maosfield (with empbasia)--Without the slightest
stain whatever.
LAMBETH.
Yesterday Daniel anuses, 22 years of age, a carpenter
and joiner, who is employed at Covent Garden Theatre aa
a scene shifter, was charged "with unlawfully taking Eliza-
beth Ann Plowman, an unmarried girl. 'soder the age of
sixteen years, out of the posimoion of Mary Louisa Miller,
her mother."

Mr. Alfred Miller, of 20, Church-street, Camberwell,
said—l am a dispenser of medicine. I was married to Mrs.
Mary Louisa Plowman, widow, in 1852, and her daughter,
Elisabeth Plowman, aged 14 years in Augustlast, lived
with me and her mother. Lad Monday evening at five
o'clock she went out, saying she was going to
Mrs. Sibley's,' in Grosvenor-park, Camberwell, and
she has never returned. The prisoner is employed
at a house that is being altered opposite to my
residence, and be has been at work there about three
weeks to my knowledge, but 1 dad not know of any ao-
quaintance between him and my stepdaughter. From
what I beard subsequently, I made iuquiries about the
prisoner, and saw him at the house where he was at work
on Tuesday last, bat not being satisfied with the informs-
tion I received 1 did not speak to biro. At that time I had
given information to the police, and on Wednesday I went
with an inspect!' and asked the prisoner where my daughter
was. He said, ' I don't know ; I have not seen her since
Monday night. I met her at Camherwell-green, and we
went as far as the Elephant and Castle, and then I left
her. She turned beck to come home, and I went to my
home." Shortly after he came to my house and said, " I
spoke as untruth, and I am come to speak the truth.
I did take your daughter away, and took her to
inv father's house. She slept there that night, and the
nest day I took lodgings for her in Bedford-street, Covent-
garden. I naked him the number. He said he did not know
it, but that it was at a house in a lane leading oat of Bed-
ford-street. I told him that if he produced my daughter by
5 o'clock I should look over it, and he promised to do so.
She did not Dame home, aid lag night I went with the
police again, when the prisoner was given into custody ; sad
he then said that if I gave him time he would podia's, my
daughter, but did not know where she was.

It was here stated that the miming girl was in court,
having been brought by the prisoner, and a plain-looking
stout girl wan here recognised by the witness as his daughter.
Mn. Mary Louisa Miller, the wife of the last witness,
said that Elisabeth Ann Plowman, then meant, was her
daughter, and under 16 yawed age. Elbe was born on the
11th of August, 1647, scribal she was only 14 kat August.
I know the prisoner by eight, but I was Delaware that he
was acquainted with my daughter, who was absent from
her home against my will since Monday evening last. My
daughter barn a future interest in a freehold estate left by
her father, my late husband, Charles Plowman, the rent of
which is received by me during my life, after which the
property gem to my mid daughter. I had no knowledge of
her intention to Imre my house. She left at 5 o'clock on
Monday evening, promising to come back, but she did not
do so. I received the two letters from her now produced.
"

The following is • literal copy of the lest letter received :
" Dear Mother and Father,—l am both happy and com-
fortable, wad don't intend returning home again. lam
living with dam sister at present, and do what you will yon
shall mot teke sae from him, has we always had• regard for
each other. I mote away of m own mord, so that no
blame should March to him, as I'ham sore ho always lomat
well towards me, so that duet trouble younelves about me
haa I shall came to see you Dom.—Believe me your affec-
Vomits " Duni."
Ma Mary Osborn, a friend of the fsmilv, corroborated
paste! the testimony of the first witness, -having been pew
met at the interview between him sad the prisoner, and
Polloacourtable James Bay, 51 Y, deposed to the feet of
apprehending the prisoner ou the night before at Covent-
garde*, where he was employed as seem shifter. He told
him he should lock him up for decoying the prosecutor's
child from her home, and he replied be did not know where
she was.

The prisoner, in reply to the charge, said it was his wish
that the girl should return home an the Monday evening,
hot she determined on going with him. He also said that
she described her age as above sixteen, and declared he
knew nothing about her being entitled to property.
Yr. Norton asked the girl some (plantings. She
exceedingly precocious, said the primmer and Den: wen
much attached, and declared she had left house of her own
free will sod accord.

The prisoner r fully committed for trial, but Mr.
Norton consented to 'wept bell for his appearance at the
Old Bailey.

GREENWICH.

Jaw Moriarty, aged a well-dressed man, &lag Ma
address 10, Little Wualmill-strest, Haymarket, was charged
with aseaultiog Mn. Matilda Miller, • young married lady.
resat'ng at Croydon, while travelling in • first-clam carriage
on the London and Briglicia Railway.
Mr. Inspector Carpenter attended to watch the ease on
behalf of the company.
The complainant mud, I was a passenger by the 3.15 pm.
train oa Thursday from Croydon to London. I took my
sea in • brat-clans carriage, there licug no other passenger
in the carriage at that time. A few minutes afterwards the
prisoner, who bad asked TOO 00 the platform if the train was
about proceeding to Loudon, entered the carriage and sat
oppeeita to me. On the train starting the prisoner asked
in. if he might look at a newspaper which 1 had in my
band, and I handed it to him. He then said he could sot
see to read the paper, and began talking about • female,
who, he said, bad beau living with him, but to whom ho bad
given 6,0001. to marry his coachman, and that he had set
them up in • public.house. He thou mid I was very much
like the female he bad been speaking of, that he was a gee-
Omuta and brother-in-law of the Marquis of Waterford, and
had his carriage waiting for him at London-bridge. He
asked me if I was married, and wanted me to go will.
him in his carriage. I told him not to talk
to me in that way, or I should report him
to the guard of the train. He the. made use
of most indecent espressioss, laid hold of both
my bands, sad dragged me toward' bias, scratching see
of my hands in so doing. He Urea made use of some more
improper language, and as the arrival of the train at New-
mom I complained of his misconduct.
In answer to the magistrate, the complainant said abc
thought the prisoner was under the influence of liquor.
William Humphreys said—l am ticket collector at the
New-eves station, and on going to the carriage in which
complainant was seated, I found her crying, and the pri-
soner oudeavouriag to get out of the carriage by attempting
to open the door oa the opposite side. The prisoner pro.
duced • thin!-clam ticket, and refined to pay the mimes
fare demanded, and abased me. The lady complained to
me of liming been assaulted by the primary, and I called
the guard.
John Ooddary, guard of the train. corroborated dila evi-
dence, and said that on seeing the complainant crying he
asked erg she had not complained at a proviom statics,
when she mid she was so mach agitated that she did not
know what to do.

The deleedant rid to bad so !mower to make to the
charge as he was very drunk at the tuna. Be was Tory
song for what had happened,
TM railway servants dewed that he was latositotod,
aline' be weight have book Malting.

Mr. Traill said it was evident the prisoner had inten-
tionally followed the complainant into• tirst-class carriage
with a third-class ticket, seeing she was alone end unpro-
tected, and iu order that ,ui•{ht be made concern-
ing hie ohmmeter be 'Mould remand him until Wednesday
next.

-The prisoner asked for bail to be accepted for his appear
ance, but
Mr. Trull refused the application, and he was removed in
custody.

SHOCKING 2WOZDY IN SUSSEX.

HAYWARD'S HEATH, FRIDAY.
A tragedy of a moot heartrending character was
enacted yesterday at the little village of %Luellen], situated
at • distance of about six miles from this place, and from
the painful circumstances with which it is surrounded, and
the position of the parties concerned, has caused • deep
feeling of excitement to prevail.
It would appear that for some time pest • Mr. Agate has
occupied a farm in the village, and with him resided, amongst
other parse's, his wife and two little boys aged respectively
4 and 6 years. The unfortunate wife has fur some short period
been indisposed, though no serious results were anticipated
until within the past few days, when her conduct became
such as to canes her friends some uneuiness, and in conse-
quence she was pretty carefully watched by those around
her. Yesterday morning, however, shrieks wan heard to
proceed from the farm-house, and an alarm having been
given several peewee at once west to the house, and after
some slight difficulty in effecting an entrance, the body of
the youngest boy was found in the bedroom lying in a pool of
blood, which 'vandal copiously flowing from a frightful gash in
the throat, evidently inflicted with a table knife found near
it. The other boy was fouled in • state of insensibility in
the some room, having also wounds about the neck and
throat, which bled profusely. O a further search, Mts.
Agate wee disisovered with woomds in her throat. Medical
assistance was immediately sent for, and it was found that
' in the case of the younger boy death must have taken place
some time, and must have been instantaneous, for the whole
of the muscle; of the neck, excepting those immediately
cosseted with the vertebra, as well as the vital arteries,
were divided. With regard to the elder boy, although life
still existed, the severe nature of his wounds create
great anxiety in the minds of the professional men,
and he is not considered out of danger. From the nature
of the wounds it would appear that they were inflicted with
•jtmr and this impresdo• is seuthrmed by the fact that in
the hands of the mother was men • weapon when she was
found. The mother wee anforiag from several wounds in
the throat, but they wen not also severe a Datum as ia the
case of the eldest boy, and immediate &Luger is not awe-
beaded. There is little doubt bat that the unhappy woman
committed Ma frighibd sots while is a state of insanity.