The Express.
London, England, 1850-05-27 00:00:00

lint huts At WI

BANDDIP MA. B* PAW AND A
Coq Stair.
DOTS 5. CUTILLIEIL—iNILIZING Timm.

This wa, ;M at;tl;in on the ease to recover compensation in
damages f.r injury done to 'even( trees, to which the
defendant pleaded not guilty. Mr. Martin and Mr. Mennen
were for the plaintiff. sad Mr. Lush for the defendant.
The plairtdf. • psi .t-seller, in Oxford•strett, is also the
lessee of a house and grounds (with a tenancy of five years
to run) at 21, Abbey. place, St. John's-wood. In November,
1849, taming occasion to cum: And live In town for the winter,
he let the house to the defendant Mr. Coril..er, a merchent,
for a peritd of 20 weeks, at Yu weekly until of ill. The
holme is turrourded by several ornamental trees, and, on the
epplicatidu of the defendant the plaintiff sent a gardener to
I .p sad prdr.e the trees; but as the defendant wu nut catie-
-8.4 he him elf sent a roan, who cut down and lopped five
true, two drooping willows, a laburnum, a weeping birch,
and en amnia. . . .

Mr. Seejesat Brie, end Mr. Robireen appeared for th.
plaintiff ; end Mr. Serjeant Wilkins, with whets was Mr.
Browne. condured the case on behalf of the defendant.
Mr. Serjeant Bytes stated the cue to the jury, the facts of
which appear in the evidence, which we give in detail.
The f lowing witneues were then milled :
Agnes Penny ezam'ned by Mr. Robingen—Wittrse was
the mother of the plaintiff, who was a couch painter by
tirade. She was present when the plaintiff wit married to
his wife ; that took place in 1844. The plaintiff wee new In
his 30th year. Wittier,' did not know whether his wife was
older or younger. Winces was in the habit of visiting her
son up to the time of his wife's leaving him. They appeared
to live together very happily and comfortably. Witnew re-
collected her son meeting with an accident in January,
1149. His wife had left him about a week before. The
plaintiff was in a very excited state about his wife's leaving
him. Tee accident which the plaintiff met with was being
Num 1 between the heffen of two railway carriages
wheat he was in the employ of the South Western Refierayil
Company as a coach painter. The plaintiff had several et his
rlhe broken, and was confined to his bed for two months. I
Witness and her daughter-in-taw attended upon him. Once'
she plaintiffs wife came. Iler brother fetched her. She
romped a little liens and then went away. This was the day
after the accident. She went away and never elms 'gain.
The plaintiff allays treated his wife in the kindest manner.
Crom-examined by Mr. Serjeant Wilkins—The father of
the plaintiff was still living. He worked as a coach painter
on the Great Western Railway. The deft mind was a very
old man, be appeared to be upwards of seventy. Witness
visited her eon when he lived in Victoria-pi tee Wands-
stior h-roed, about four times. Witness die to' know that
the plaintiff's wife was fetched from her sistre's to tee
her huseand after he bad met with the socident.
The plaintiff had been di Charged from the Smth Western
Railway Company about twelve months. Witness did not
know that he had been discharged for defrauding a sick
e'ub. Witness had head that the plaintiff's wife had en
insoles of 201. a year from a man who used to keep her.
Wiesen neva heard that the plaintiff abused his wife for
not buying him a suit of clothes out of the 201. They lived MURDER AND SUKIDE.—Greed excitemant has
very comfortably together. prevailed throughout the neighbourhood of Great Litter.
Reeezemieed by Mr. Bede Bytes—Witness was told by street and the surrounding districts during the put few
days, in cense quence o:a married woman having murdered
the mother Mn. Penny, that her daughter received 201.
a year from a Mrs. Biyes. She never knew that the plain- one of her ciiiitiren and destroyed her own life. The eircurn
tiff's wife had been kept by any gentleman. With the ex- stances attending this dreadful ease may be thus bri. fly
@option of the present matter with the defendant, wit's", nureted It appears that a female named Ann Beaborn, the
never keew of any impropriety on the part of the plaintiff's of a mechanic, who resided in a cottage LW Primeou-
wife. Wham never heard of her son helng charged with hill, had recently experienced considerable uneasiness from
defrauding a sick club before to-day. The defendant kept a suspicion that her husband was paying attention to a
a phaeton. The plaintiff had been 12 months' out of work, young woman with whom he was acquainted. This seems
but that was after the accident. The plaintiff never to have operated so powerfully en her mind as to drive her
quarrelled with his wife before the present matter occurred almost to distraction. On the day of Monday last her hue-
with the defendent. hand left home, his three children, one an infant, remaining
John Edwards, examined by Mr. Serjeant Pyle,. Wit- with their mother in the cottage. Suspeetieg Whither her
nem was a brother of the plaintiff's wife. Witness nu_ husband bad gone, and stung by jealousy, she, during his
quently visited his sister at the different plugs where she Ornate, precipitated herself and infant into a well in the
and her husband lived, and he never knew a more affee- garden. One of the other children, however, at a late hour,
Berne, ocuple in his life. He recollected the plaintiff going contrived to find its way to a public house, near the Canal
to live at Vieteriaiplacie,,near At that time side, wLere the father was drinking, anti having attracted
the plaintiff was employed at the South Western railway eta- the attention of the inmates, was admitted, when it told its
time as a coach painter. lie used to go to hie work in the gum- melancholy tale. The father, accompanied by lathe tom
mar time at six o'clock in the morning, and cores back at five penises, immediately proceeded home, and, atter NAZI. con-
o'cleck in the afternoon. The plaintiff kept no servant, and siderabie delay, the two bodies were extricated from the
had no family. Witness knew the defendant. He lived at well, life being quite extinct. A helmet, too, belonging to
No. I, Vieteria•plaos. Witness remembered the death of one of the other children, was touted at the bottom of the
the defendant's wife. That took place in January, 1849. well, and appeared to indicate that the poor woman had
Witness remembered his sister's showing him a pair of ear- caught at her, with Ike intention of throwing her into the
rings. The pleintifi's wile was twenty five years of age, water; indeed, there can be little doubt that she meditated
Witness should say that the defendant was between 70 and the destruction of the whole of her family with herself. The
80 year' of age. The plaintiff came to witness one evening inquest was held on Wednesday last, at the Mszeppa Inn,
after the funeral of the dttendent's wife. The plaintiff in- Lord street, when a verdict was returned that the mother
quired for his wife, and witness could not give him She infer- dent eyed her own Wee and that of the infant, whilst in a
nation about tier. The plaintiff wag very excited. Winters etate. of insanity.
taw the_p_liintiff the same evening that he met with the sect- MURDER OF A CHILD ET ITS MuTHER.—An in-
het We
saw the plaintiff in bed, and his ribs were quest was held on Saturday, at the Union-house, Farnham,
fractured Witness went to Blackla's house to fetch his before C. B. Desecrate, Beg., coroner, on the body of a fe-
eble, after the plaintiff had met with the accident. Wit- male child, found in a wheat field, near Pashto, on
new saw the defendant, and told him that he Lad come Thunday, and which had been destroyed by its mother in-
fest his sister. lie said she waa not there. Wit- mediate', after birth, The woman, who is about 23 years
ness said he doubted it. The defendant said Whiten was of age, is daughter of labouring people employed at Tangier
welcome to search the house, being Mrs. Penny's brother; Faro, Copnor, near Portsmouth, and had been in the em-
hut if it had been the plaintiff he would have shot hies, ploy of Mrs Evans, at Droxford, but left about three months
The defendant pointed to a piece of fire-arms that hung over ems. She returned again on Tuesday_lut, and was then
the mantelpiece. Witness now believed that his sister wee taxed by a witness, another servant of Mrs./Ivens, with bring
notthen at the defeedant's house. Witness had subsequently near her onefii.ement. She denied it, but from the num-
sew his sister at the defendant's house several times. He dons entertained she left on Thursday morning to
bad also seen his sister driving out with the defendant at return home. She was brought from Droxford by
Clapham. That was before the defendant's wife died. The Richard Bennett, a carrier, end she get down at
pleiatiff 's wife did not wait oa him when he was ill. Her the Old Vine about two miles from Fareham.
absence affected him very muck indeed. Witness toll the She was soon afterwards spoken to by a 'showing man
defendant on one occasion that It was annealed that he end who saw her sitting by the roadside, end heard the faint
witness's alder were living together, which he did not deey. cry of a child, which was in her Imp and covered by her
The plastid wee ter Mae months unable to earn a sub- gown. Ile walked on, but seen returned to the place, and
datum*. His wife was away from him the whole of that be wan induce) is make a search, which resulted in the dia.
time. eovery of a child, which was then alive, in a wheat field
Crag-examined by Mr. Berjeant Wilkins—Witnees was • near the met where the woman bed bee. sitting._ The in-
tailor. The defendant wee a feeble old man. The plaintiff fen was taken to the union house, where it died a quarter
lived in one of the cottages in Victoria-place, and the defen• of an hour after It was brought in. W. Case, surgeon, of
dant in another. Witness bad been in the defendant's Newtown, deposed to going to the union house to sae a child
house, which had five roam in it. Witness did not know there on Thursday last. It wee a full-grown female child,
that the defendant rode about in a phaeton bemuse breathing faintly. There were mare bruises in the fees and
Ise could not walk. Witness u knew that his right temple, a cut emcee the sue, and another on the
sister had left her home before she was married. right temple ; the left temple was braised and cut also.
Witmer left hems when he was 18, and his deter was them Footed a large quantity of blood difiused over the whole
13. H. did net know that his sister went into keeping with a sea, between that end the scalp. Then was a fracture of
geademan, but he knew that she left her situation where the Mit extending from the right ear upwards over the
ale was a servant. Witness did not know that his sister top ef the head and half way down on the left side. The
had an Weems of 201. • year. He knew that she had a gold mess of death was injuries the brain had received from the
waist, but did not knew who gave it her. When she had•gold freestures and braises, Went to examine the young woman
wands she wee shout 18 years of . Witness never refused at the police station, and she admitted she bad had a chill.
to as. his deter beams she had fsrrueed ha family. She —The fart' returned a TWIGS tif-eill Wilful murder
was oasa apprestiesd to a dammaka, bat be did trot karst pima Aan Goodall."

Several vita-sees were eroded for the plaintiff, who de-
scribed tie injury to some of the trees as so /-eat that it
would take from twelve to fourteen years' growth to put
them ia the Ohms oonditkei. They wire of about twenty
years' growth, and, before the injury., very ornamental, and
gereened the honor from the road. Tile trees were described
as deprived of their principal trenches, although there was
.ome discrepancy ea to the rise of the branches cut, one
witness etatiag four inches in diameter, while another gave
the lame length in circumference. The plaintiffs son esti-
mated the damage at 15s. per week in letting the house
furnished.
A houre-cgent, employed by the plaintiff, was called on
the ether utle, and stated that as regarded the letting of
houses, the question of trees was entirely one of %sate; that
the value or the premises was not depreeiated, and the
terms as to ietting which be had receive i from the plaintiff
were the MSS u before the injury amplained of.
Mr. Henderson, a nurserymen, gave his opinion that the
lopping of the trees wcs fur the tomtit of the house, and
that in two or three years they will be handsomer than
bebre.
The jury found for the plaintiff, demures 301.