The Express.
London, England, 1850-08-14 00:00:00

THE EXPRESS, WEDNESDAY EVENING, AUGUST 14, 1850.

NORTHERN CIRCUIT.-LIVERPOOL, AUGUST 13.

Scram Ma. Irerms Wiernum...
MANSLAUOIITIR OP • Will NT Nil HCIIHAND.

Robert Need, 33, was indicted or the manslaughter of his
wife, ESTE ROO, at Liverpool, on the 9th of the present
month, by striking her with his fist upon the lobe of the left
ear. The prisoner prayed for counsel, and his lordship
assigned his Mr. Avistall. We last week published the
particulars of this MIL The prisoner was a singa in a
concert room, and ca the night of the occurrence his wife
went to fetch him hose. Oa their way home they quar-
relled, and immediately upon entering their lodgings the
prisoner struck at his wife, and she ran or was pushed into a
dark parlour into which toe prisoner fol.owed. In about
fin minutes afterwards the prisoner left the room and went
to his bedroom. A female went into the parlour shortly
afterwards, and found Mrs. Reed lying in a pool of blood,
being at the time quite dead. Mr. Wilson, surgeon, gave
it as his opinion that death had been occasioned
by the wound on the ear, but said that this
sought have been produced either by a blow or
• fall. The defence of Mr. Aapinall was, in effect, that there
was no proof that death was the result of a blow given by
the prisoner, and the suf. ical evidence went to show that
death might have been occasioned by a fall.
The jury found the prisoner Guilty. Sentence deferred.
STEALING POoT LETTERE AT MANCHE/TEL.
Joseph Booth l'earson (16), was indicted for having, at
Manchester, feloniously stolen a post letter, the property of
lota Wooi Fletcher, and also with steal,eg eight post let-
tere from the Manchester post office, with the iuteation of
robbing his employers, MIME Wood and Westland. The
pisoner pleaded guilty.
Mr. Pollock addressed his lordsLtp in mitigation of pun-
ishment. on account of the prisoner's good conduct since his
imprisonment on the charge.
Sentence deferred.

MANIOLAVORTIIR IN LIVERPOOL.
Thomas Dickenson, a respectable man. warn indicted for
having at Liverpool, on the 15th of Jose Ise, by the negli.
pat inanagenest of a bale of cotton, over which he had the
management, canted the death of James Johnson.
Mr. /Winsll prosecute], and Mr. Ovennd and Mr. Rush-
ton conducted the dehisce.

The prisoner is a warehouseman in the employ of Messrs.
Brown, Shipley, acelgo.,merchants, and one part of his duty
was to sapenntend the reception of cotton into the were•
houses. Oa the day stated, the decreased conveyed a load of
cotton to be warehoused. He slug a bale of cotton from
the cart in the ordinary way, and it was hoisted into an
upper room, but in consequence of there being no one at the
check rope, the bele caught in the eathead, and the rope
became entangled. The deceased celled out, and the pri-
soner came to the warehouse door, and in attempting to free
it from the cathead the rope became slackened and the bale
fell upon the deceased in Us cart below, whereby he wee
killed. During the proiress of the trial, the prosecution
wee abandoned, and the prisoner acquitted.

NMI PINS COVlT.—Barost Ma. JVIITICE

WWEIIVI'IIt v. TIIOIII4IOII, CLERIL-ACTION YUJI LIBIL

AGAINSIALTROYMAN.
This was an action for libel brought spinet Mr. Thomp-
son, • clergyman in Yorkshire, by the plaintiff,who was lately
a guard on the Lancashire and Yorkshire Railway. When the
cam was called up.,n, the respective counsel conferred, and an
arrangement was come to: Mr. Watson announced to the
court that the matter had been settled. He so far gratified
curiosity as to supply the following particular.. He said a
young gentleman, the son of Mr. Thompson, the defendant,had lost a very valaable box, containing a number of sove-
reigns and a number of title deed., belonging to his father,
the present defendant. The young man bad left Manchester
very early in the morning. When be got to Monsanto's, It
was discovered that the box was missing. Strict inquiries
were subemmatly made, end ultimately the defendant
wrote to the railway authcrities; this letter contained the
alleged libel. A great deal of irritation had been caused,
and unfortunately the effect of the letter was to moths dis-
milaal of WWltizter from his situation as guard. The Emma
of the libel was this: The plaintiff had come to defendant's
lodgings one night and drunk some brandy at his expense.
Mr. Thompson wee told so, although, as it afterwards ap-
peared, this was a gross falsehood.: Mr. Thompson had sine*
found, although he paid for the brandy, that the statement
conveyed to him wee untrue. The letter referred to pro.
duced the plaintiff's dismissal, for the latter part of it con-
tained some charge as to incivility. He (Mr. Watson) be-
hived that Ill'Whirtsr, who had a good character, was
entirely blameless. He Doped the result of the trial would
be such that the railway company would resume the services
of the guard. He had now mid all that he thought called
for from a frontlamaa and a clergyman.
Mr. Berman% Wilkins alto spoke. He said that his lord-
ship knew well that when a letter to a company came from a
person like the rev. defendant, every one felt inclined to act
upon suck a representation. His learned friend had stated
that the plaintiff was entirely blameless; and he (Mr. litarjt.
thought that he would be restored. But he was
told that he could not be so WI he had submitted his ems to
the jury. He ought to state that the popery loot em the
occasion was traced to another person—(t was " the boots "
at the hotel who had stole* the box.
A verdict was taken by mutat-40s. sods.
BROWN S. NRISLARDS AND OTKIRS.—ALLIORD ILLZOAL
DISTRAINT.

Mr. Martin, with whoa wee Mr. Cobbett, for the pia/n-
-ail; Mr. Attorney.Oeseral Knowles for the defendant.
The plaintiff in this COM is a saillowner at Oldham, and
the astute, which wu in replevin, was for en alleged tassel
distraint foe rent ,whereby a lots of 600/. wasetsuid to have
been sustained. The ease, after proceeding a certain length,
broke down, owing to the attunes of vitamin, and a verdict
for the plaintiff was reterntd.
The whole et the list In the Salford hundred having been
dipped of, end the witnesees in the West Derby hundred
erase not having been enesateed till the following osy, the
learned jadge Mind in the disposal of the criminal bud-

1
iIiAIISLAVORTIR,—TRIAL OT MR. PZUBIRTON, SOLICITOR.
Mr. Marks Pemberton, attorney, was arraigned for hav-
ing killed aadsiala Elisabeth &awn, an aged woman, by
riding ever ler, ea the 24th of Mirth. As the assilimaa
is to well knows, the are possessed considerable interest.
Mr. Osumi =il for the preeseatlea ; Mr. [lnkiest
Wilklae fee the
Mr. Peahen= steed ep at the ewaseel's table dating the
trial.

The knowing sentlentan were sworn upon the jury : Kr.
Basel lam , kireman ; Mr. Matthew Motels, Mr. :ohs
Fairelosili, Kr. leilli• Kirkland, Mr. Hobert Lanymials,
Mr. William WKwasle, Mr. IMOD Btool, Mr. Thomas Swift,
Mr. Joseph Illessawell, Kr. Thomas Leder, Mr. Warwiek
Smith, sod Mr. J. T. Wesel.
Ovesced MOM Iles ars. The qatalion he said was
whether, Is =selvessesers death, Ile prisoner had dis-
played sash as to render :41:senity.
Inks siressesemes eat:rg="llw aertteat (if he t se
Wm It) 'MON Ism INN: It sweated that was
a;irosmali/SMI df Sri smiewitat ledra, dos; ma min

nearly blind, who had loft her beam ea the 24th of March
last to pto sketch. She was going dews Leadengead,
whoa ate same to • plea. celled Swan lam, weigh was im •
small street leading into Bt. Vincent-street, mad then smother
I walled !to serest, both 'severest isle Loadon-read.
This old lady was passing Seymour street, when the pi-
mar, who was drivieg a phaeton, eons suddenly apes
elm was crushed beefed% tke earrise wheoh, and died, after
lingering from the Sunday till the Matador, following. The
learned manes' epitmaised the evidemes whisk would be ad-
dosed, sad said It remeimed with the jury to determine whe-
ther or mot the grimmer had been guilty of what could be
teemed ealpable negligees* by driving his vehicle, in a (ve-
getated plea, at too rapid a rate.
John Neweltnis; a eati erten.. wee the first witness called.
He midst one o'clock on the 24th of March he was OD the
°Ostend In London toad; and was looking towards Seymour-
strett. He saw Mr. Pemberton coming toned Seymour.
street corner with his euriap. He wee comiag down
Ssymour-street towards London-road, sad turned up towards
the 'monument. He was driving a Gas-hone Clarence phu-
t's, and going at frees toto eleven miles an hour. Witness
observed that the near sinftetruch the deerued, god hundred
her down. She woe going up Loadea-road, and was
about three yards from the parapet, on the right hand side
of Londe's-reed. Mr. Nesbitt= went from 39 to 83 yards
uphill, before he could; pull up. He appeared dreadfully
pat oat of the way, gave the rola to hi. coachman, and
sought a surpeom. Mr. Pemberton himself was drfirlat
when the maident marred. Ludo* reed is • place of
great trade. bid not hear whether Mr. Pemberton called
oat or not.

Cress.examined by Se/jaunt Wilklas—Mr. Pemberton, in
trying to avoid the woman, went up close to the parapet.
Had kb wife and family in the carriage with him. Did not
sets another eab coming down the street. Mr. Pemberton
was on the wrong side of the street.
Thomu Tanager, abo a cab-driver, stated that be was
talking to Newsham at the time of the accident. People
were coming from 'thumb. Saw a lady tall, and the two
near-side wheels of Mr. Pembertoa's carrier go ova her.
This was close to the boot shop, on the right-hand aide of
Seyosour-strut. The accident was not in London road, but
in Seymour-street. One wheel of the carriage woo on the
parapet, perhaps both of the of wheels. Mr. Pemberton
went on afterwards from 30 to 33 yards. He had a very
poor command of hie horse. slack reins. The carriage was
going at from ten to eleven miles en hour.
Cross-examined by Mr. Serjeant Wilkine.—Deussed was
running to get across the parapet. II she bad stood still she
would have been perfectly see. Did not hear any one call
out, bat was nearly forty yards ME
Richard Naylor called—By &Aunt Wilkins—ls a
stoseensioa. Saw the accident. Heard a shouting before it
occurred. Wes near a publio.konmealled" The Llewellyn
when it assured. Saw the deceased running with her had
towards the carriage. If she had *toad still not the slightest
accident would have happened to her. At the time Mr. Pem-
berton appeared to be palling up his horse the woman was
crossing from Norton-street.
By Mr. Overend—A person sousing down Stoymour•street
could see a person crossing from Norton-street.
Jane Proclor—Knew deceased Elisabeth Simpson. She
lodged with witness. Wes 67 yearsof age, and very dull of
hearing. Her sight was very bad. Deceased lett home on
the day in question at eleven o'clock.
By Mr. fierjeant Wilkins—Deceased had been twice run
over, once while she lived with wham, and ones before.
Mr. John Newton, surgeon at the Infirmary, spoke to the
reception and state of the deceased after the accident oc-
curred. She was brought to the iefirmary by John
Newskam in a car. Had sustained several injuries, but
was suffering chi. fly from oompression of the brain. A
post mortem examination showed an entangles fracture at
the base of the brain. She lingered until the Thursday,
when she died.

John Rogers, coach-builder, stated that he was a witness
of the accident. Mr. Pemberton•s carriage was coming
dews Seymour.strett at " a moderate sharpness"—the
mail pace. Mr. Pemberton shouted out before the acci-
dent occurred, and pulled up as hard as he could. He pulled
to the eight. Had she stopped when he shouted, nothing
would ham occurred.

David Lloyd, plumber, 11111V:wt, was in London•road at
the time of the accident Saw Mr. Peniberton's carriage
coming. It came at a moderate pace. The penon driving
the c►rriage shouted out twice. When he shouted, the old
lady w:e about ten or tenet, yards off. After he shouted
she did not step, but went on.
By the Judge.—When he shouted, she went forward, not
at the same putt, but quicker.
This closed the case for the prosecution.
Mr. Juciest Creswell remarked, "he could not say that
there was no ease to go to a jury," and
Mr. Serjeant Wilkins rose. In a brief but • able speech
he showed, from all the evidence which had been adduced,
that the unfortunate occurrence wu quite accidental, and
laid particular stripes upon the fact that Mr. Pemberton, after
the fatality, had evinced deep sorrow. His humanity and
contrition were, be thought, sufficiently ' proved by the cir-
cumstance that he Pad paid the whole cut of the poor
woman's medical attendance and burial. lie called portion
tar attention to the fact that the two 11-st witnesses, whose
evidence bore moot directly sgaicst the accused. were only
distant spectators of the occurrence, whilst the two last,
when the accident oecurred, were clue to.
Mr. Justice Cromwell summed up, sad in doing so, scru-
tinised the evidence, and took a view througnout most
favourable to the prisoner.
Toe jury consulted for a moment, and instantly returned a
verdict of acquittal.
The prisoner was accordingly discharged.
Ilvau LAZY.

J. Hindley, a an about iiyeirieof age, and J. St sittford,
• youth about 17, were charged with a burglary at Blanches-
ter, on the 14th of May last.
Mr. Monk prosecuted, and Mr. Pollock defended the pri-
loran.

It appeared that the house of a widow lady named Susan-
nah lilacklock, resident in Trafalgar-square, Salford, had
been broken into as stated, by the cellar grid being forced
open. There mat a count also in the Indictment charging
the prisoners with baying received the goods, knowing them
to have been stolen. The chief evidence against Hindley
was that he bad been seen on the morning of the robbery
about 200 yards from the square ; also the fact that one of
the coats stolen had been found in his posseesion. He stated
that a man named Lannigan bad left it with him. Thar
deuce against the boy Stamford was that " peached " by a
companion, who proved—were the proof of a dubious party
satiefccory—that he had shared in the offence.
The jitry found Hiedley Guilty of receiving stolen goods
with a gaily knowledge. Stamford was Acquitted.