The Express.
London, England, 1847-07-15 00:00:00

ASSIZE INTELLIGENCE.

HOME CIRCUIT.—CHELYSPOID, JULY 14.
Before Mr. Baron Puke. _ _

PLFSJI;IIT TN THEEAOEA HAS;iI7III;ER CAM—Thomas
liimpton, formerly a police-constable of the K division, sur-
rendered to take his trial upon an indictment charging him
with having committed wilful and corrupt perjury upon an
examination taken before Mr. Lewis, the coroner for Essex,
Mr. Clarkson stated the cue to the jury, alter which the fal-
lowing evidence was adduced :—Mr. Charles C. Lewis, one of
the coroners for Essex, proved the holding of the inquest
after the finding of the body, and he produced the deposi-
tions taken on the different days to which the inquest was
adjourned. The depositions were read at length, but it will
not be necessary to refer to them more particularly than to
state that, on the 14th July, when the jury met for the se.
(cad time, the prisoner swore positively that he did not do ,
duty for the serjearit, Persona, on the night of the murder, '
and that he saw him on horseback performing his own duty
of inspecting the men at nine, at twelve, and at three the next
morning, and that when he went off duty in the morning he
told him that he had not been able to find Clark on his beat.
The other original deposition was that made by the defendant
on 20th Aug., when he admitted that his previous statement
war false, and said that at 12 o'clock on the night of the
murder, the enjeant told him that he was unwell, and asked
him to take his horse and do his duty for him, and that he
went to the Four Wants to look for Clark, but could not
find him, and he brought the horse home at 2 o'clock in the
morning, and saw nothing of Parsons until 6, when he
awoke him, and told him that all the men were in except
Clark. The defendant upon this occasion also said that
Parsons told him he must say that he saw Clark at 1
o'clock, and said that he (Parsons) should say the same,
and Hickton and the other men must tell the same
story.—Witness was quite sure that the defendant was re-
sworn upon every examination. A great number of witnesses
' were examined at the different inquiries. For certain rea-
sons he was very particular in observing that the oath was
duly administered to the policemen who were examined.—
Mrs. Elizabeth Page, the wife of a farmer at Dagenham,
deposed to the fact of the police making a search upon ker
farm for the body of the deceased, and that, when it was
found, she lent the defendant a cart to remove it. The de-
fendant and some other policemen came home with the cart
late at night, and she asked them to have some supper.
While they were conversing upon the subject she asked the
defendant at what time Serjeant Parsons last saw the deceased
on the night he was murdered, and he replied that he did not
see him at all, for that he (Kempton had done his duty
for him on the night in question, as he was unwell.—
Priscilla Page, the daughter of the last witness, confirmed
her testimony respecting the statement alleged to have been
made by the defendant on the night in question.—John
Stevens said that at the time of the murder be was one of
the police stationed at Dagenham. There was but one horse
at the police-station, which was used by Serjeant Parsons.
Serjeant Parsons was on duty some portion of the night of
the murder, lie saw him at half-put ten and at twelve.
He was on horseback both times he saw him. He VISA dia.
charged from the police after this occurrence.—Thomas
Archer said he war employed on a farm near the Four Wants,
and on the morning of June 30 he was up about halt-put
twelve o'clock, and was engaged in pre a horse and cart
to go to market. While so e about two o'clock in
the morning the defendant came up on horseback, and be
gave him a light for his pipe. After he had lighted it, he

asked him if he had seen his mate, meaning Clark, and he
told him he had not. He supposed he meant Clark, because
he was the only constable who did duty about that neigh-
bourhood.—Abiah Battey deposed that he was also one of
the police stationed at Dagenham et the time of the murder.
He did not of his own knowledge know whether the serjeant
was on duty or not on the night in question, but in the
icourse of a convereation that took place between him, the
defendant, and Illekton, the defendant said that.on the night
of the murder Serieant Parsons gave him the usual nightly
report, and told him to take his horse and go to the Four
Wants and meet Clark, and give him the report, and he
also said that this was after twelve o'clock at night. Hamp-
ton also 'aid that when be got to the Four Wasts he could not
find Clark, and he rode on to another man's beat, and that
he afterwards went over part of Clark's beat, and kept the
horse out until nearly daylight. The witness stated that he
also heard the defendant say that the evidence had been
given before the coroner in order to exonerate Parsons.
Some more policemen had been sent down to Dagenham in
order to strengthen their force, and it was agreed that they
should endeavour to prevent the young men from knowing
that the evidence which had been given before the coroner
was false, Witness was now living at Bethnal-green, where
he worked at his trade, of a broad silk weaver. Did not
know what had become of Serjeant Parsons.—John Stevens
recalled: He saw Parsons on horseback near the church
elms about twelve o'clock on the night of the murder.—John
James, another constable, deposed that after the first exami•
nation before the coroner the defendant said that if they did
not keep to the story that Parsons had written down for them,
about has being on duty u usual on the night of the murder,
they should all get into trouble. Parsons wrote out a statement
of what they were to say before the coroner.—This was the
case fur the prosecution.-11r. Hawkins addressed the jury
for the prisoner, but it was very evident, from the tenour of
the learned counsel's address, that he felt he could not offer
any answer to the fasts.—Mr. Baron Parke having summed
up, the jury returned a verdict of Guilty.—Mr. Hawkins
then took an objection to the form of indictment, whith, he
said, merely averred that the offence was committed on a
certain day in the year 1816 ; and he submitted that the in-
dictment should have contained the words, " in the year of
our Lord."—Mr. Baron l'arke appeared to be of opinion
that there was something in the objection ; and he said be
should take time to consider of it.
__. .. _

Isaac }nekton, another constable of the same division, was
then arraigned upon a similar indictment, arising out of the
same transaction. The evidence was of precisely the same
kind, and it will therefor.) be imnecemary to repeat it. The
prisoner, who had no counsel, fitted that he had told some
lies with regard to his meeting the serjeant on the night the
murder was committed, but ho said he was induced to do so
at the solicitation of his superior officer, and to screen him
from censure for neglecting his duty.—The jury found him
guilty, bat recommended him to mercy.—Judgment was de-
ferred.

NORFOLK CIRCUIT, BEDFORD, Jt*LYii.

The business of the assizes for the county of Bedford
commenced this day. Mr. Baron Aiderson presiding in
the Nisi Prius Court, and Mr. Justice Pattison in the Crown
Court. The calendar is light in point of numbers, there
being only ten prisoners ; but of these two are charged with
burglary, one with anon, and ono with manslaughter.

INDICTMENT AGAINST A BANKRUPT FOR HATING
FRAUDULENTLY OBTAINED CREDIT FOR Goons.—John
Bickerton was indicted for having within three months next
preceding his bankruptcy, under the false colour and pre-
tence of carrying on business, and dealing in the ordinary
course of business, obtained on credit from one James Addi-
son Taylor 400 bonnets with intent to defraud him thereof.
Mr. Prendergast, with whom was Mr. Power. for the pro-
secution, called witnesses who proved that the defendant, on
the 27th of August last, went to the warehouse of Mr.
Taylor, who is a dealer in straw plait, and stated that he
wanted to buy. a large quantity of bonnets, as he had re-
ceived a shipping order from Liverpool. Mr. Taylor was
at first unwilling to transact any business, as his wife
bad died the night before, but, on the defendant represent.
ing that it would be of material service to him to have the
which ought to be at Liverpool the next evening,
Taylorri:".d lent the goods and took the defendant's bill at
four months for them. On the 24th of November the de-
fendant filed a declaration of insolvency, under the 5 & 6
Vic., c. 122 ; on the 25th the fiat of bankruptcy issued;
and on the 27th the defendant was adjudged a bankrupt.
The debts were about 1,400/. ; the assets about 1401. On his
examination before the commissioners, the defendant raid

that be had never sent goods to Liverpo'ol, nor had ever had
orders to send goods to Liverpool. tinder these circum-
stances three of the creditors applied to the commissioner to
,order the defendant to be prosecuted for the offence
charged in the indictment. The commissioner made
the order, and this prosecution was the result.
—Mr. Daunt, for the defendant, submitted to the
learned judge: Ist, That the statement of the defend-
ant made by him under the compulsion of the Court of
Bankruptcy ought not to be received in evidence against
him, unless be had been cautioned before making it that it
would be used against him ; and 2nd, that the section of the
act on which the indictment was framed (5 & 6 Viet., c. 122,
sec. 35), applied only to the case of a person fraudulently
representing that he was a trader or dealer in a particular
business, but did not apply to an untruth about any particu-
lar transaction which a person being really a dealer in the
particular business might utter—Mr. Juts* Pattison, after
consulting Mr. Baron Alderson, overruled both objections.—
Mr. fluent then addressed the jury for the defendant —The I
learned judge having summed up, the jury returned a ver-
dict of Guilty. The prisoner was then sentenced to be im-
prisoned, without hard labour, for six calendar months.

Mr. Kama Ale

ECSTACE Well! were
counsel for the plaintiff ; Mr. lierjeant /tyke appeared for
the defendant. This was an action of trespass, in which the
plaintiff complained that the defendant had interfered with
and interrupted his rights in respect of three sides of a cer-
tain moat dividing hie land from that of the defendant.
From the evident,e adduced, it appeared that the moat in
question surrounded a piece of land belonging to the defend-
ant, called Moat Close ; that that close was approached by
a road across a common and by a causeway, and
that on three sides the moat was bounded by the
property of the plaintiff, and on the fourth by that
of one Holmes. On the part of the plaintiff it
was shown that he derived his property from the Ellingham
flintily, who held for three generations under old Molly
Ellingham ; that during the earliest times the Ethnghams
had exercised rights of ownership over the moat adjoining
their lands till within the last 25 years; while Holmes, who
bought from one Falcon, had claimed and exercised similari
rights during the corresponding period of time. On the
part of the defendant it was proved that he had derived the
moat close from the Fountains, who held it for three gene-
rations, and it was also shown that rights of ownership
similar to those proved by the plaintiff had been exercised by
the Fountains, but net later than 41 years back. Mr. Baron
Alderson left it to the jury to say to which side they would
incline. There was proof of ownership on both sides, but
that of the defendant had not been brought down to so
recent a period as that of the plaintiff; but it was for them
to say whether the moat in question belonged to the moat
close or to the adjoining lands.—The jury returned a verdict
for the plaintiff.

NORTHERN CIRCUIT.—Yortx, SuLv 13.
Caoscs Cot-cr.—Before Mr. Justice Wightman.
William Pinder and Thomas Robinson were charged
with having, on the 26th of February last, at Bothwell, in
the West Riding, feloniously assaulted James Heald with
violence, and stolen from his person 117 sovereigns, 10 pro-
missory notes for the payment of 51. each, and 100 shillings,
the property of Robert Plummer and others, to whom the
money belonged as trustees.—Pinder pleaded !runty.—
Mr. Ellis and Mr. 11,11 appeared for the prosecution; and
Mr. Price for the prisoner Robinson.—Two men were
already convicted upon this charge at the last York assizes. '
One of them, a man named Brook, was now cailed for the
prosecution, against Robinson, and the evidence of the
accomplice was confirmed by other testimony.—After •
lengthened investigation the jury retired, and remained out
of court for more than an hour, when they found Robinson
Guilty.—The prisoners were severally sentenced to trans-
portation for 15 years.
Christopher Atkinson stood charged with having, on the
4th of April, at Wattigill, feloniously stolen a gelding, the
property of Willie= Horner, a farmer residing at that
place. Mr. Blanchard and Mr. Overend appeared to pro-
secute, and the prisoner was defended by Mr. Matthews.
William Horner stated, that the horse in question had
been missed from his stable on the morning of the 4th,
which was a Sunday. It was safe in the stable overnight,
and was subsequently discovered at Barnard Castle, which is
from 18 to 20 miles from Watligill. The witness and his
wife, Maria Homer, had been living apart for 18 months,
she having left his house. She had since been there, how-
ever, during his absence from home, had broken the win-1
dows, and taken away some clothes and other articles. '
Severale witnesses were called to prove the finding of foot-
tracks, on the Sunday morning, near the stable, and leading
to the highway. There appeared the tracks of the horse,
and the footsteps both of a man and a woman. The imprint
made by the man corresponded in size with a pair of boots
afterwards found upon the prisoner upon his apprehension at
Barnard Castle. The witnesses sail they supposed that
the two persons must have both mounted the horse on ar-
riving at the public road, after getting through two or three
fields from the stable, because there were no tracks but those
of the horse beyond the prosecutor's premises, and from
these the horse', steps went in the direction of Barnard
Castle. The prisoner and Maria Homer (prosecutor's wife)
were seen together that morning going towards Homer's,
at a place called Musk, three miles on the Barnard Castle
side of Wathell. They were afterwards seen together at a
public-house on the same road, where they remained for
about half an hour, having something to eat and drink.
The prisoner was afterwards found at Barnard Castle,
and the horse in the stable attached to the house
of one Barker, near whom Atkinson was living.—
Richard Pearson, constable of Barnard Castle, stated that
he had found the horse on the sth. The stable in which it
was had been locked, and he saw the horse through the key-
hole. Snowden, a constable since deceased, brought the
key into the yard, but the witnesscould not say whether
he had obtained it from Mrs. Homer or from the prisoner.
Witness having spoken to Atkinson about this charge, the
latter replied— What made me go there, I was led away ;
I went with Maria Horner to bring away the horse." The
learned judge intimated that the prisoner could not be
convicted of larceny upon this evidence. Acquitted. The
prisoner, who had been out on bail, was then discharged.
His lordship also directed that Maria Horner, the prosecutor's
wife, should be set at large. She was committed upon this
charge in April, and had remained in custody until this
day. No cause list has yet appeared ; but it is stated that
there will not be more than about half as many causes at
these as there were at the last arises.

MIDLAND CIRCtrIT.—NORTRAMPTON, JULY 14.
The COMMiIIIiOU for this county was opened this day at half•
past twelve. At the time our dispatch left the cause list
had not been made up, but the calendar contains the names

of thirteen prisoners only. Among these few names one
is charged with child murder, one with killing and slaying,
one with stabbing, and two with putting off forged cheques
and acceptances.
MANSLAVORTEIL—John Kidsley, aged 32, was charged
with slaying John Capel at Weedon, in this county. The
deceased was a child aged 19 months, and at the time of the
death prisoner was living with the mother, a widow. They
were about to be married, and the prisoner, after dinner on
the 29th of March last, asked Mrs. Capel to go to Daventry,
and get a certificate for their marriage. She refused, and a
quarrel ensued. Tt is continued at intervals until she got
up to put the child to bed, when, in making a blow at the
noman, he not only struck her but the child also, who,
falling with its head against a wall, received an injury from
which it died on the 3rd of April.—The jury found the pri•
Boner Guilty.—Sentence deferred.