The Express.
London, England, 1852-12-23 00:00:00

THE EXPRESS, THURSDAY EVENING, DECEMBER 23, 1852.

ASSIZE INTELLIGENCE.

NORTHERN CIRCUIT.—Yoax, Dec. 22.
Swum Ma. James Wi=um

Tim HULL QAIOTTI Mumma.
Last evening sleight o'clock, after two days patient in-
vestigation, Mr. Justice Willisms concluded his charge in
the ease of asap* and fiesith, charged with the murder of
Mr. fitsplethorpo at Hull, and of the two women charged
al accessories.
The jury expressed a wish to retire, and the Crier of the
court swore a bailiff" to keep them in some safe end con-
venient place, without meat, drink, and Are candle-light
excepted,
excepted, until they had agreed upon their verdict." Three
or four of the jurors had left the box, when one of them,
Mr. James Thornbrougb, of Halifax, wee suddenly seised
with a fainting at, and became insensible. Mr. Boulter,
surgeon, Hull, was in court, and be promptly attended upon
Mr. Thornbrough, who, it was said, might remain mown-
*Mous for several hours. His tottlebtp iMasenuently directed
Mr. Mealier to be sworn tz attend . i up= the n-
jurui, whit the proviso that he should neither
speak to him nor any of the jurymen in refer-
ence to the trial they had heard. The jury then
retired, Mr. Thornbrough Leing curled out in • very
weak and exhausted state. It was about seven o'clock
when the trial concluded. His lordship we. conveyed in
the high sheriff's carriage to the oMeial residence in Lendal,
and returned to court at ten o'clock. The learned judge
directed the jury to be called into court, and that having
been done and their names read over, Mr. Boulter, on oath,
stated that Mr. Thornbrough, although considerably reco-
vered from his attack, was quite incompetent to perform hie
duties as 'juryman. Tea, sandwiches, and other refresh-
ments being provided to the jury, his lardship discharged
them, directing that a new trial should take place on the
to:lowing morning. Mr. Thornhrough'a illness was attri-
buted to the extreme heat of the court, and onceming into
a cooler atmosphere he began rapidly to recover. Being
weak and exhausted a supply of food would have restored
him; but as none of the jurors were allowed by the
bailee oath to have either meat or drink until they had
delivered their verdict, and the judge having no power to
dispense with that oath, the only alternative left was to dis-
charge tire jury.
NEW TIDAL.

This morning, at 8 o'clock, the learned judge took his
seat upon the bench, and the same jury were empannelled,
with the exception of the gentleman wbo had been attacked
with illness on the previous night, another juror being
sworn in his place.
Mr. Hensley said he was placed in a position of extreme
difficulty in this very serious and important case. His
learned friend Mr. Seymour, thinking, of course, that in
the natural order of things the cue would have concluded
on the previous night, had left the city for London, and
therefore John Smith was deprived of his very able assis-
tance. Under these circumstances, if he were left to him-
self, he should have applied to his lordship to postpone the
ease to the next assists, in order that it could not be said
that there bad been any haste in trying the case, or that the
prisoner John Smith had been depraved of the invaluable as-
sistance of his counsel. As far as he was per-
sonally concerned for the prisoner Snape, if all
other thing, had been equal, he should have asked that'
the case should go on now, because be was anxious it
should be concluded. However, he had consulted with the
attorney for the defence, and also spoken to the prisoners ;
he had made them understand their position, and they said
under these circumstances they would infinitely prefer that
the cur should go on, and he had to ask if his lordship
would approve of his conducting the defence of the two
prisoners Smith as well as that of Snaps ?
The learned Judge said he thought it was as excellent
arrangement, and he had no doubt that Mr. Dearsleywould
do ;justice to the prisoners. His lordship suggested that
those witnesses who had spoken to undisputed facts should
not be re-examined, but that he should read over from his
notes what they had said at the previous trial, and inquire
of them if that was what they could prove.
The suggestion of the learned judge was approved of by
the learned counsel on both aides, and it was consequently
adopted.
The same learned counsel appeared for the prosecution se
in the first trial ; Mr. Dearsley was for the three prisoners,
Mau, Smith, and Ann Smith, the latter of whom was un-
defended at the previous trial, and Mr. Overeud repre-
sented Mary Ann Robinson.
Mr. Warren proceeded to state the case to the jury. lie
said that owing to an almost unpreeedeuted occurrence, he
was called upon to again state the circumstances of a most
painful anddeeply interesting case. He was glad that the
whole of the Jury, with one exception, had had the advan-
tage of the speeches of his learned friends who defended the
prisoners, and the luminous summing up of his lordship.
The learned counsel then recapitulated the whole history of
the murder, in order that the new juryman might become
acquainted with the facts of the case.
The witnesses for the prosecution were then examined
in the manner agreed upon by the 1 d judge and the
commie.

The ease was proceeding when or report left York.
BIIFORZht. JURTICII
!Kranz* AND RONDZIIT.—CAUITAL CONVICTION.

James Bar Dour. 21, was indicted for the wilful murder
of Alexander 1146140 n, at Sheffidd, ou the 3rd of September
lest.

The prisoner, who was dressed In a suit of black, and
who is a young man of respectable appearance, pleaded
" not guilty " both to the indictment and the coroner's in-
quisition.
Mr. Overend, Mr. Pickering, and Mr. Johnson were for
the prosecution ; and Mr. Earjeant Wilkins (specially re-
tained), and Mr. Hardy conducted the defence.
The facts of this ease, as disclosed on the investigation
before the coroner's jury and the magistrates, have already
appeared at full length in our columns.
This jury retired to consider their verdict at five
minutes to three, and after an absence of a quarter of as
hour they Married into court with a verdict of Guilty.
Mr. Justice Talfourd thereupon sentenced the prisoner
to be hanged.
The prisoner with great coolness remarked, " Thank
you, my lord ; I'm innocent."