The Express.
London, England, 1868-01-16 00:00:00

THE MEETING OP THE MIDLAND RAILWAY.

COURT OF QUEEN'S BENCH.—Jarc 15.
Sittings in Banco.—(Before the Lord Chief Justice, and
Justices Blackburn, Mellor, and Lush.)
!HE QUEEN T. CASEY ANT) BEAN, THE FENLAN mosmeses.
Mr. Fitz James Stephen said he appeared an behalf of
Casey and Shaw, the two men who have been recently
esermitted to Warwick to take their trial on the charge of
treason-felony. lie was instructed to move for an order
to have any indictment that might be found against the
prisoners at the Warwick Assizes to be brought up to be
tried at the Central Criminal Court. The motion bad
already been before the court in Burke's case, and after
what Mr. Coleridge had said on the subject there was very
little be could add to it upon the general aspect of the awe
with any advantage to the court; but there was a difference
between Burke's case and the two prisoners on whose be-
half he moved, and more particularly with regard to Casey.
The attorney who has had the management of the
case swears in his affidavit that the expenses of
the trial will be materially increased by its taking
place at Warwick instead of London. More tape.
dilly in Casey's case, from the large number
of witnesses he will have to call mostly residing in or
near London. In fact, the expenses of both the prisoners
would be materially increased if they were tried at War-
wick, because it would be necessary, for the purposes of
the defence, that frequent interviews should take place
between them and the attorney. It was hardly possible
to imagine a stronger case for the interference of the
court in behalf of an application of this kind, than the
circumstances of this case afforded. It was a question em-
phatically of policy and expediency for their lordships'
consideration. The charge was that the prisoners had
" compassed, imagined, invented, devised, end intended
to depose her Majesty from the crown of the United King-
dom." That conspiracy, no doubt, was manifested by cer-
tain overt acts, for without them it would not be coin-
plete. It was a conspiracy of • treasonable character,
and what they imagined and devised in their
own minds was the gist of the offence, and
overt acts were mere evidence to show that that treason-
able intention was present to their minds in what they
did. The principal fact relied on to constitute tho overt
act in this case was the purchase of certain arms at Bir-
mingham. If the whole of the traneactions had been
begun, completed, and carried out in Birmingham, such
as a riot of a treasonable character, the whole of the
offence would have been committed in the county of
Warwick, and that would have been the place, awarding
to the principles of our criminal law, to bear and determine
the charge. But this offence could not have been, nor
was it alleged to have been, committed in the county of
W..rwick. The conspiracy to depose her Majesty or levy
war against her, whichever it might be, was a thing that
bad taken place in no one county or town whatever, and
it was a crime in the support of which they might show
what bad happened, not only in the United Kingdom, but
in any part of the world.
The Lord Chief .1 ustace--Can the prosecution in such
a tan lay the venue In a county where nu overt act had
..Taaniittea!
Mr. Fitz demi Stepken—No, it must be in the county
where the overt act had been committed.
The Lord ('hid Justios--That being the law, you are
asking us is this case, though the overt act was committed
in Warwick and the canspiracy is general, to remove the
trial of the offence trod. Warwick to London. Is not that
asking us to alter the law?
Mr. Stepheu—No, lam only asking your loraships to
exercise the discretion given you by the act of parliament.
The Lord Chief Justioe - There might be extraneous
circumstances which may make it expedient to remove
the trial to London, but it does not follow tl et because
the conspiracy is general and the overt act in a particular
county, and the law saying the venue mast be laid
where the overt net is committed, that we ought to
remove the trial because the conspiracy was general.
Mr. Stephen said he thought that, considering the gene-
ral character of the offence, there was loss objection to re-
move it from Warwick than might exist in any other case.
lie would now add a few observations upon the convenience
and expediency why the case should not be tried at War-
wick. In the first place, he thought there would be a dif-
ficulty in obtaining a fair and impartial trial at Warwick.
Me would not say anything further on that point, than that
it was a matter of general notoriety what had occurred at
Birmibahain concerning the feeling in that Wee between
the ine:eleas of the English and the Irish churches.
Mr. Justice Mellor—Surely that is confined to a class of
persons from which it is not likely the jury panel woald be
made up. Besides, the premiers would have meta possible
means of objecting to any particular juryman. I hope all
the people of Birmingham and Warwick are not actuated
by this theological hatred.
Mr. Stephen—it would be invidious to state at any
time that • fair trial could not be had in any large county.
It was difficult to shut one's eyes to the fact that feelings
of that kind bad existed on many occasions.
The Lord Chief Justice—But what I do not follow in
your argument is. that it is more likely to exist in War-
wick then in London.
Mr. stepben —I must admit with the present feeli_Ks
which exist throughout the country, considerable diffi-
culties of this character must present themselves iu most
parts of the country, and it is • matter against which the
prisoners must struggle wherever they are tried. One
might expect that laced feeling existed less in the metro-
polis than in other places.
The Lord Chief Justice—l should have thought that you
might bare obtained people from the rural districts less
Influenced and inflamed by these circumstances than in
London.
Dlr. Justice Mellor—There must be a very large number
of challenges where three persona are charged together, as
in this case.
Mr. Stephen—Only twenty, and with better ability to
find out iu Warwick than in London the particalar bee of
the juiyuien who might be called.
Mr. Justice Blackburn--At the Manchester trials the
Attoruey-Oeneral, when he saw there was la reitionable
and plausible objection to a juryman, did not put the pit-
Boners' counsel to the trouble and forum of a challenge, but
asked the man to stand aside. The same course I have no
doubt will be follawed at Warwick. There is not the
slightest fear that any one connected with the Murphy
nuts will get on the jury.
Mr. Stephen—So far as the indulgence of the Attorney-
General goes, I feel certain that when the trial comes on
lie will grant us everything he can; but with regard to the
feelings of the people of Birmingham it will be difficult to
say what are the view. of any particular man. The
prisoners are of opinion that there is a better chance of
obtaining sn impartial jury in London than elsewhere,
from having a larger number from which to *elect.
Mr. Justice Blackburn—The Warwick panel under the
circumstances will probably be as large as that of the
Central Criminal Court.
Some conversation took place between the bench and
the learned gentleman with regard to the inconvenience
that would arise in the transaction of the business at the'
other towns ou the circuit should this trial, which must
naturally be of a protracted nature, take place at
Warwick ; and in reply to Mr. Justice Blackburn, that the
observations applied it the trial took place at the Old

Bailey,
Mr. Stephen said the bill must be found first at the
assizes, and then removed to the Old Bailey, consequently
She tired could net take place at the Central Criminal
Court before April or B which would be after the ter-
mination of the whole of the circuits.
The Lord Chief 3 ustice—Have you had any communism- I
Coo with the Attorney-General?
Mr. Stephen—Only in conversation. He wishes to
leave it in your lordship's hands.
The Lord Chief Justice—We will grant a rule, then
hear what the Attorney-General has to say upon the
point. The rule had better include the three prisoners—
Burke, Casey, and Shaw.
Rule granted.

CONVICTIONS FOR FALNZWZIGHTS AN DMITAIIIIIIM.
—Yesterday morning the Surrey megistrates I,eld a potty
session at the Coart-Imuse, Newington, to determine the
complaints of the inspectors of weights and measures, who
had summoned a bash of SO South Lon Con tradesmen for
using incorrect and short snessetres and weights in their
business, and nearly all compleie 1
were convicted in
penalties varying from 10s. to GOA. end *oats each,
HEALTH ItEdTODIED DT DO &RAY'S FOOD TO TED
Svensca, nenes, lungs, and lima oidand yeas& :
Da
crlitt•
out mediates or lorsoo, dyipsylis
diarhoea, addlty, o.siaode, omoloji,Cbdi=rlO.
ateeplensoss, wisdom eater estates. torus,
Dos, los *pieta eu,Ooo pupa mum midi bed r
soodidaos lacladlnd that ot Itatimas Peps. II Mee
MY tines IN toot is ether
romodils—Tiak IDi.,
246. ; tab., ma, or Id. per insel—Se Peery Sad Or”ff Bet Pat
dieadroat, London ; also Fortson sod Mum, FfecalYrl aN M
ea, Oracechurchotrest ; t. Oli; N 11144114 Osimmillea;
and daimon and elmeassalbemillml

READING STEKTLEC HABESWEDNIADAY.
The racing to-day wag • decided bargemen* upon
that of yesterday, end there won new people resist to
witness it. A large quantity of rain had fallen during
the night, and just before the onsmenoennet of the
then was • perfect downpour of rain end bail which=
yeeterdsy's rondering the name bed going.
Portunately, wiWn the ring plenty of gnaw had been
laid down, or the ninon would have been obliged to
stand ankle deep ia mud. , For the Int nee, • Selling
Steeplechase, there were four runners ; but the finish cam
left to • couple. the favourite winning easily. An objection
was lodged against her for having gone on the wrong
side of a post; but is the face of the con-
tradictory evilence the stewards could not do
otherwise than decline to interfere with thef judge' ites
decision. The Guide, who was mode a good avour,
won the Innkeepers' Plate, Spatchoook, his stable cam-
mnion, alone of the other three runners passing the post.
The raoe of the meeting was the Berkshire Open Steeple-
chase, which produced eight moans from the ten who
accepted. The absentees were Gans and Captain Cron
tree. About the non-starting of the latter great dissatis-
faction was expressed, es the horse bad arrived amd had
been backed at the Inn Lawrence, as soon as the num.
hers were hoirted, became a warm favourite at 7 to 4.
Marengo and Farnborough were the most fancied of the
others, and backed at 4 to 1 each. The race was prolific of
dinners, only four of the eight runners pawing the post.
The Cripple fell the first time round, and Farnborough
when going very well came down at the same jump on
reaching it for the secondtime. Both were severely injured,
and were afterwards shot on the nurse. Lawrence found
brilliantly,
brilliantly, and had the race his own way newly all the
distance, ultimately winning by 150 yards. The last
event on the card produced the moot exciting finish of the
day, and an outsider bowled over a great favourite by a
short head. Details of the day''s sport are appended
A SELLING STEEPLECHASE son. each, with 20added;
weight for age ; with selling and other allowances. About
two miles. (5 subs.)
Ilr. Hood's Warwick Laos (J. Howl) 1
Mr. Dickson's PedWISII (J. Lead) I
Balloon and Over the Sea &Moran
Betting: 6 to 4 wit Warwick Lass, 2 to I (at first 6 to
4) apt Redwing, ea. sto 2 apt Ballooo. Warwick LYS
made the whole of the ramming, Rad won very easily by
three lengths. Balloon ran out before reachim the farm-
house, and lout so much ground that Mr. Hann pulled
him up at the stand. Over the Sea refused the fence at
the top of the bill, after about a mile of the journey had
been covered. On returning to scale J. Land, tbe rider of
Redwing, objected to the winner on the ground of having
gone on the wrong aide of a poet. The stewards immedi- 1
ately entertained the case and visited tht in the mese
does where the digression was alleged
ave occurred.
The evidence not being conclusive, they confirmed the
judge's decision. The winner was sold to Captain Reeve
for 55 guineas.
handiesp, of 40 son. ;win
Tits Limaurnas' Puns,,
nets extra. About two miles and a halL
Mr. H. klllson's The fluids "(J. Hickaby) 1 I
Mr. H. Initemi's Spatchcock (Owner) I
The toll...ins also ran -.—Portgre, Puebla, and Le Wlllows.
Betting : Even on The Guide, 3to 1 apt Portfire, and
6to 1 opt Puebla. Spatchcock, to serve his stable com-
the favourite, made the nnuing, The Guide fol-
lowing, attended by Puebla and In illows, Portfire
bringing up the rear. After clearing the gorsed hurdles
Wiilows nup to The Guide, but on landing the farm- I
house fence h rue
ran out, and was not further persevered
with. Puebla cleared the brook just in the rear of Spina-
cock, whom he headed at the stand, and showed the way
to the top of the hilL Here he dropped back, and Spatch-
cock was again left in front, Portfire following
in the rear of The Guide and Puebla. The Int-mentioned
blundered and fell at the fence leading into the stubble
field, and was not further persevered with. In the Held,
Porttire stuck in a " grip, threw his rider, and bolted
across the country. The race was now left to Mr. Ellison's
pair, and The Guide, taking up the running at the gorged
hurdles and cantering leisurely home, won by a field.
THE BEEEstitalt OPEN STEZPLEcHAHE of 10 soya. each,
with 70 added ; winners extra ; second saved stake. About
three miles and a half. (21 subs., 11 of whom pay 3 son.
each.)
Mr W. Call's Lawrence (G. Seale)) I
Mr. Whittington's Imogene 'hfr. Wilson)
Mr. Clifford's V. aterperry (LawreDoe)
The following also ran:—Arleecett, Marengo, Fernborough.
The Crlppl, end Snowstorm.
Bettaig : 7 to 4 eget lAWTelbee, 4 to 1 each apt Ma-
rengo sca Farnborough, 7 to 1 apt Arlescott, 10 to 1 limn
Waterperry, and 100 to 8 each apt the Cripple and Snow-
storm. After a couple of breaks away the lot wen
despatched, Marengo cutting nut the work followed by
the favourite over the farm-house fence. The water
jump was taken by the pair mentioned almost abreast of
each other, Snowstorm, N'aterperry, and the Cripple
following them. Before reaching the stand, Arlescott
took the place of Marengo, the leading division taking
close order, Lawrence, however, having a slight lead of
the lot named, Farnborough, Imogene, and Marengo
coming next, separated at intervals of about a couple of
lengths. This order was maintained till going up the hill-
side, when the Cripple was indulged with the lead.
Snowstorm, who beaded Lawrence, going on next, and
Imogene fourth. In the middle of the field preceding the
stubble. Snowstorm ran out of the track, and took with
him Arlescott and Imogene, but the trio were soon
righted, and went on in pursuit of the leaders and in
advance of Farnborough. The Cripple held a clear lead as
they went through the stubble, but at the fence leading I
out of it she came down heavily. This accident left I
Lawrence with a clear lead of his horses, Waterperry
running second fully fifty yards in advance of Farnborough,
Arlescott, and Imogene, Marengo being in the rear of the
last-named; but Snowstorm was so far in the rear that
his rider, deeming perseverence melees, pulled up. Pasei
the stand the second time Lawrence had a clear lead of
Waterperry, several lengths off following Farnborough,
Imogene, Arlescott, and Marengo. The latter was pumped
out, and Mr. Robson, finding that he bad no chance,
pulled up and walked the horse back to the paddock.
Waterperry and Imogene followed the favourite up the
bill, Farnborough being a long way in the rear, and
so much exhausted that on reaching the fence out
lof the stubble—the same at which the Cripple previously
I fell—he came down, and broke his back. Waterperry was
I in difficulties before reaching the gorged hurdles, and
Imogene took second place, Arlescott being now a long
I nay in the rear. Lawrence retained his advantage to the
end, winning in a canter by a hundred and fifty yards.
Imogene fell at the brook, and rolled completely over her
jockey, who, however, remounted, and finished second.
NVaterperry cantered in a bad third, and Arlescott alone of
the others passed the post. Both the Cripple and Farn-
borough were found to be so severely injured that they
had to he destroyed on the course.
A HA:Vint:AP SELLING STEEPLECHASE of 3 SOPS. each,
with 25 added ,• winner to be sold for 40 nova. About two
miles and a half. (4 subs.)
Mr. A. Westoo's Belle of Kars }.Hood)Hoed) 1
Mr. B. Stollens Miss Franklin
Betting: 3to 1 on Belle of Kars. The non-favourite
refused the first fence and several subsequent ones, so that
Belle of Kars was left to canter in alone. The winner wag
bought in for 64 guineas,.
A HANDICAP STEEPLECHASE of 5 eon. nicht with 25
added ; penalties and allowances. About two miles and a
half. (8 subs.)
Mr. Marsden's Feigle (111r. F. O. Oodwil I
Mr. Ivens's Sir William (Mr. Wilson, jun. I
Mr. Maltiand's Miss Emma (Halley It
The following ale., ran r—Attlence, smite, and Anseent.
Betting 6to 4 eget Sir William, sto 2 agat Annan,
4to 1 apt Sinite, and 10 to 1 each art Feign and Arles-
oott. The latter made play, followed by the favourite and
Patience, Sinite and Feigie bringing up the rear. In this
order they passed the stand, but at the succeeding fence
Patience ran oat and lost so much ground that Mr. Hobson
soon afterwards pulled her up. Arleeoottretained the lead
until fairly in the stubble field, when he was beaten and
stopped. Sir William was now left with the Indiana:l
Few° headed Smite at the gorsed hurdles, Mies
going on fourth. Sinite blundered at the farm-house fence,
and Feigie went on in pursuit of Sir "Millard, whom he
gradually overhauled in the descent to the brook, so that
at the obstacle the favourite was not two lengths in ad-
vance. He tired in the mud in the snaiOt, and Feign
,tup,winning a fine race on the post by abort heed. Mims
was • bed third.

BETTING IN LONDON.—WZDNZSDAT.
The clubs were but thinly sttended to-day, sad ate
only transaction was the booking of seventeen fifties about
the Earl for the Derby. Itaicrucian would have bad a
small commission executed in his favour, but no one
would name his price; 1000 to 13 would slso have been
taken about Speculum, but 1000 to 29 were the longest
odds offered against him. Quotations
se follow
DEMI.
II to 1 apt Lady Zlirabeth ,w)
10 to 1 The t to B.lo`
1000 to 20 Speculum ;off, t 1000 to 101

YORIESHIRE BOARD 01 EDUCATION.—The council
of the Yorkshire board of education, desiring to promote
advanced scientific instruction in the county, propose to
establish three scholarships of the annual value of 501.
each as follows The mechanical draughtsman's
scholarship, offered for oompetition to students in pen•
tical gsometry required by engineers, mechanists, and
others employed in arts of construction. Machine con.
struction mid:drawing,. being the application of practical
geometry to the drawing of machinery
2. The meohani-
wal scholarship, offered for competition to student+ in
aseelaniaa as • science, or theoretical uotalvanico.
Meoha
sift as an art, or applied mechanics. SUMO. 3. The
ohentiosl eaholuship, Offered for competition to students
in inorganic chemistry, and organic chemistry. The Lords
of the Committee of Council on Education have intimated
to Mr. Henry H. Bales, the hon. sec. to the board, their
Intention to make an minualgrant to **seacoast of one
hell of the value of the alum scholarship awarded by the
conned of the board. These scholarships are the Ant
that hays been founded in conformity with the minute
of December 21, 1867, in aid of scientificinstruction. The
details of the "'helmet:lp will be decided at the halt,
j yearly general meeting of the carincil in March.
TER Latin Cavace.—lt is announced that Mr.
Mason Jones wall deliver en addmes othis oabloot Is
molt at the cosmopolite& baroagaa, and podia. for the
pupae will be held neat wok at St. John'a•traod.
Waatboomegrovo, and Cirotawlait.

An extraordinary general meeting of the pro-
prietors of the Midland Railway Oseepsay was held at the
station clam eempsey, at Derby, yesterday afternoon, far
the purpose of ernakierlag the proviidoes of a bill entitled,
" A Bill for isonferring Addideeel Powers ea the Midland
Railway Oempany for the nide( of farther capitol, and
the Coneiruatics of new Works ; and for other purposes ;"
and of taking any masseuse relative thereto, or to any of r,
the matters thereof that ow be deemed advisable. Mr. m
W. Evans Burcingeon ossepied the chair.
Owing to the exdtement caused by the recant anneuece.
mint of the intention of the directors to nests so largo an
ca
amount of new capital the meeting was very numerously
attended, the large room in which it was held being gs.
densely crowded ; and it woe at on. time thought that an el.
adjournment to the Town-hall would be ninemary. The ea
proimedisep wars at one time of rather a noisy and ex-
citing character, but as a whole the meeting passed off gt
in a satisfactory manner, the shareholders presen N.
t
being evidently favourably impressed by the *hair- I
man's speech, and the comsat of the board to
the appointment of a committee of consultation.
Accompanying the notice calling the meeting was ea
a letter containing the following paragraph :—" In
proposing so large an increase of capital, the director+
had oome to the determination of postponing as long as N.
possible the preescutke of the new lines, exempt those
which are already far advanced towards completion, dis- al
tributing over a more lengthened pa•Wd the eitnre de.
to which the company is committed, and they be pen- et
pared, if neesseary, to apply to parliament in the session
of for an extension of the time at present allowed for g
the construction of works."
The decagram having read the notice convening the N

meeting,
The CHAIRMAN delivered a long speech in opening the Lt
ings.
proceed rs.
Mr. M. BAINES, M.P., moved the following_ resole- m
tiara :—"1. That, owa&sin. UM injurious aid pro- et
dred on the value of land shares by the in. N.
tended application to parliament for power to raise new
capital to the amount of five millions, it is essential lathe lit
opinion of this meeting to revise the engagements of the
gt
company for lines and wcalckand the contemplatedoullay, N.
with • view to the relinquishment or postponement for a is
considerable time of all that can be relinquished or post- 16.
pored without serious detriment to the interests of the Vb
company." (Cheers.)
Mr. J. GARNETT seconded the motion.
The resolution was pat and carried by • very large
ma jority, only three or four bands being held up against it.
Lord LTVEDEE moved the appointment of • committee
of shareholders, the members of which were thole men-
tioned by Mr. Baines in his speech, " to confer with the
directors as to the position of the company, especially as
to the extent to which projected lines and works can be
abandoned or postponed without serious detriment to the
interest of the company, and to report to the half-yearly
meeting in February." The noble lord commended the
manly and straightforward speech of his hon. friend
Mr. Baines, and stated that he could not now repose in
the directors that unlimited faith which he bad previously
felt in them. He bad the greatest confidence in their in-
tegrity, but not in their judgment. He ridiculed the notion
that the building of • first-class hotel in London
would bring pamengers upon their line and referring to a
statement which had been made, that since the issue of the
circular of the 14th December the directors had signed
fresh contracts for the construction of new railways,
asked the chairman whether the directors would engage
that during the consultation with the committee every.
thing should be suspended. He concurred with Mr.
Baines in his denunciation of railway aggression, and
trusted that • friendly arrangement might be made with
the London and Not th Western Company.
Mr. Jowsrr, in seconding the resolution, avowed him-
self without reserve an opponent of the Settle and Car-
-1 liale Railway, and expressed a hope that the committee
would examine into the precise point at which the nego-
tiations with the London and North Western stopped
eighteen months ago, and would adopt measures which
would lead to an arrangement with that company upon
fair terms.
Mr. W. ROBERTS moved and Mr. UNDERWOOD seconded
the addition of Mr. Gainsford to the committee.
Mr. GAINSTORD said that he should decline to serve un-
less elected by the unanimous vote of the meeting.
The CHAIRMAN, referring to the allegation that since
the issuing of the December circular the directors had
signed • contract for the Settle and Carlisle Railway, said
that it was true that some months ago tenders were re-
ceived for the construction of a portion of the works, and
the lowest tender was accepted. (" When, when!") He
thought in October last. The terms and conditions of the
contract were, however, the subject of negotiation be-
tween the solicitors of the contractors and those of
the company. Thom) negotiations were very nearly
brought to • conclusion when the circular was
issued, and so far from authorising the signing
of • coontract, he wrote to say expressly
that it must be suspended. (Cheers.) With re-
spect to the further prosecution of The contract he
could fairly and honestly ware the noble lord and the
meeting that no proceedings would be taken. He thought
that that might have been gathered not only from the
circular, but from the statement which he had nude that
day.
The addition of Mr. Gainsford to the committee having
been negatived, the original motion was agreed to, and
the proceedinp, which had lasted about three boors and •
half, terminated with a vote of thanks to the chairman.