The Express.
London, England, 1848-03-16 00:00:00

ASSIZE INTELLIGENCE.

OXFORD CIRCUIT.—STAFFORD, MARCH. 14.
Before Alt., Justice eremite 11..

WOUNDIN(I.—George Hampton, 21, and Edieard Hem-
mings, 23, were indicted for wounded Henry Hieginson at
I Stoke-upon-Trent, on the 19th of December. with intent to
kill and murder him.
Mr. Meteyard prosecuted, and Mr. Vaughan defended the
I prisoners.
The prosecutor is a police-officer, and was on duty, at
midnight, when he received it formation that the prisoners
were ereatine a disturbance, and repaired to where they
were. lie took hold of Hampton, and found he had a p-ker
under hi, arm. He put the hameuff on his right hand,
and the prisoner tried to trip him up, but failed. Three
men who were near cried out, " On in Oeorge; give it him."
Hampton, on this, pulled the officer down and fell under
him. Some persons pushed Higeinson off the prisoner, who
then struck him on the nose and head with a poker. The
other prisoner then struck him two blows with 3 similar
instrument, which rendered hint senseless. Hampton it ap-
peared was a violent character, and prosecutor had fre-
quently been called into publi.t houses to expel him, and had
been as often threatened by him. On the previous night he
said " o—n your eyes, I'll be into you to-morrow night."
Another officer named Harri-on, who went to the prosecutor's
suoistance, found Hampton kneeling on his sumach, having
his hand in his stock, and trying to strangle him. The other
Evisoner, on his coming up, struck him also with the poker.
The evidence of Mr. Dutford, a surgeon, proved that the
skull of the prosecutor had a large fissure, was cut down to
the bone, and concussion of the brain was caused by the
wound,. The man's life was endangered.
Mr. Vaughan contended t at the unnecessary and otilcious
interference of the policemen was the sole cause of the afti'sy,
in thus attempting to destroy the liberty of the subject
and bad it not been for that, the two men, although intoxi-
cated, would have been gone home quietly.
Three witnesses were called for the prisoners, from whose
testimony it would seem that the prisoners were going
along talking to each other, when the policemen came up,
pulled Hampton about, and said " I have been waiting for
you a long time, and now I have found you; you are a
liar, for you stole that poker." The prisoner said "If you
west to take me to the bole, let me go quietly." The police-
man then struck him with a stick, and on that th, y fought
and struggled together. These persona did not see a poker
used is the fracas, hut they saw the prosecutor lying bleed-
ing in the gutter.
Mr. Meteyard considered it unnecessary to occupy the
time of the court by s reply on the defence.

The Judge observed that it was evident there was gri,es
perjury on one side ur the other, and the jury must decide
to which they attach credibility, as the case altoriethi.r, ac-
cording to the account given, was a most c straordur .ry one.
The pasoners Iln re convicted of a common assault oily,
and sentenced to six moeths' imprisonment.
STAPPOUD, MARCII 15.
Before Mr. JWIOOO eatteem.
RICINARDX O. liAaPall AND ANOTHILL—BUIACH OP
CONTILACT.—The plaintiff is en engine-maker, raiding at
Stourbridge, and the defendants are fire-briek-makem, at
Langley-green works. The facts of the case, so opened by
Mr. Whateley, Q C., were these:—Early in the year 180,
the defendants engaged the plaintiff to make for them a
small clay-mill for the manufecture of fire-bricks, the price
of which was to be 551. • subsequently, however (in the
month of June), the defendants proposed to the plaintiff
that he should make for them a steam-engine of 14 horse-
power, with a 14 inch ej tinder, on condition that the latter
received back his mill and allowed 401. for it. This was
agreed to, and the estimated Coat of the new engine
was 3001., and a contract was entered into by
which the plaintiff covenanted that it should Ire cnineletal
by the 28th of August. or that he shou'd oe fined 161. per
week for every week's delay from that time. Wbilet the
work was programing the defendents altered their minds on
the subject of the power of the engine, and propoiscd to the
pldintill that he should make it twenty.four-hone power.
the necessary alteratioes were ali oat in the work, and the
engine completed in the month of November. the plaintiff,
however, in consideration of the alterations, refused to abide
by the contract as to price, but charged according to mei-
sure and value.—The sufficiency and strength of the work-
manship am
ountroot to by the plaintiff's witneeses.
and the am itit to be recovered was above
4001., thn caging 'charge of 5691. having been re-
duced to this sum by vari use setad:B.—On the part of the
defendants, Mr. Serjeant Talfourd contended that the plain-
tiff could not recover, insists:men as the work was done under
a written contract, to he completed et a specific price and
within a spi•eitic time ; that it had not oeen done in a
skilful and efficient o an er, and that, as the engine • had
not hi en eonioleted until long af
t. r the time agreed upon,
the def;ndants were entitled to a considerable sum by way
of forfeiture on that account. A great numb:r of
witnesses were called, the chief points in their
tvidence tendintt to chow that the engine, when it was
first set to work at Cnristams, was incapable to work the
mill, and that the defendants had not foes able to make any
use whatever of it. There was a good deal of conflicting
vidence, but the loaned judge in summing up said that
the main question for the consideration of the jury was
whether, node r the eireunistancee, the work could be consi-
dered as having been done under the original contract.—The
jury inland that it had not, and returned a verdict for the
plaintiff. Damages 2901. over and above the amount aimed.
~.1 so him.—This trial occupied six hours.

WESTERN CIRCUIT.—Mattem 14.
elitPorN COMT.—Before Mr. Moron Platt.
DEVIL/.11)1N AN IN&UItANC& OFFICE.—Thos. Wady
and Judah Meech were charged with Lasing conspired to
defraud the Wept of Eiiglaseel Fire Insurance Company. The
evidence wad slot suttiiit nt to curtain the indictment for etot•
!piracy. The 33.riaooers were therclere dlego;tfe.l. Tea pri-
soner Judith Meech was at once divehargi il, but the other
prison' r (Wake ly) was ❑g .in charged with having attempted
to obtain money, under todse pretences, from the said emu-
pany. The prisoner, who occupied a house on the Daniels
;Knuwle estate, in the periffi of Beaminster, had effected an
insurance with the West of Rutland Insurance Company
or 1001., and on the evening of the 31st of December
his house wax discovered to be on fire. On some of the
neighbours going to the fire they found the priwiner and
hie servant standing quietly !outside the house looking at the
tire. About 3SO pads films the prisoner's howe was a
louse occupied by Joseph Meech and Mary Ann Meech. the
former a distant relatse of Judith bleach, thcsery int of the
prise, r. A small brook It owed between the proem, Ca boost
and the house of Joseph Meech, and it would take about
I nine or ten minutes to go from the one to the other. It ap-
peared that Ji eeph Meech and Maly Ann Meech hail
',pent the evening in qui stint at the prisoner's house.
The fire happened at ab,ttt twelve o'clock, and one of
the first men who came up was a man named Bowelitch,
who asked bow tic fire happened. The woman Merest
said that she did not kre.w, but that they found the house
lull of smoke. Another. man shortly afterwards came up,
and laved three chairs, a table, and the works of a clock.
After the lire the prisoner made a statement of his loss; and
when qtarstions were asked by the surveyor to the company
as to the a xtent of his love, he stated that he had lost every-
thing but a few &nick, that had been taken to Mr. Meech's,
and sin ell his wearing apparel, except what he had on at
that time; and elms that his policy was bunted. On
going to the house of Joseph Meech they discovered several
bexee of clothe", a couple of bads ant bolsters, looking-
glass., sod other articles ef furnitore, most caretuay packed
I mectioishene,reww,..itLtLie.,„l.7.lrzt.iclel.thaiydiAxa.retio twhaxtesohl:e.latl;
from the prisoner's house during th'e tire. It also appeared
that the inventory wltch the prisoner had furnished to the '1
office contained a list of articles which he valued at :iol.' and
corresponded in many things with the articles found at
Joseph Meech's house.—Mr. Falwt.rds addressed the jury on
behalf of the prisoner.— the jury found the prisoner tiuilty.
—Mr. Edwards then took several objections to the form of
the indictment, in arrest at judgment.--The learned Judge
raid he would consider the objectious and decide to-morrow ;
morning.
11.!

NORTHERN DIMCVIT.—Yoga, Marten It.
ovn. sm.-80m Mr. Baron Alderson.
SIIITH e. DEARLOTE —THE Il ItKOOATE INNKEEPER,
AND wno to acre OVEnT.—Th, plaintiff is II gentle man who
la. t summer took and occupied a house at liarnigate, next
door to the Queried Hotel, w hich is kept by the defendant,
against whom this action was brought, to recover the value
of a carriage and some harness which were alleged to have
bees illegally detained by him. The carriage and three
horses were put up at the defendant's, and all went on agree-
ably until the 6th of December last, when the plaintiff was
away from Harrogate, and his wife directed the servant to
get the carriage in order that she might ride out. The ser-
vant accordingly saw the ostler, who informed him that his
muter (the defendant) would not allow the carriage to go
out . • Mr. Dearlove substquintly declaring that he under-
stood some legal proceedings had been commenced against
Mr. Smith, and he had therefore determined not to allow
the carriage to be removed from his premises.)
This action was therefore brought to recover the value of the I,
carriage and heroes,. Among the plsintiffs witnesses was
aMr. Datiland, whose cross examination gave rise to con-
siderable nu rrimeut. Ile stated that he had been a com-
mercinl traveller for four years, hut had " left the road " in
July last, since which time he Lad been living at Harrogate.
He slept at " The Queen," but lived at Mr. Smith's, who paid
his bill at the inn, lie was now waiting for better times.—
Mr. Baron Alderson: Then you are a, waiter, now?
(Laughter.)—At the conclusion of Mr. Badland's examine
tiou, he stated that he seas still living at Harrower., in Mr.
Smith's house, and his lordship sarcastically inquired when
he expected Mr. Smith back ? Mr. Badland, amidst renewed
laughter, replied, "in May next."—Mr. Baines having
addressed the jury for the defence, his lordship summed up,
and the jury returned a verdict for the plaintiff—damages 301.