The Express.
London, England, 1846-09-29 00:00:00

WESTMINSTER SESSIONS.

There sessions commenced yesterday morning at eleven
o'clock. Mr. Sesjeant Adams was compelled to adjourn the
sittings to a r court in the Sessions-house, in conse-
quence of the court being in a state of repair, and the smell
of the paint la ing insuilbrable.—Mr. Clarkson suggested the
propriety of the grand jury returning a bill against the con-
tractor for a nuisance.—The learned judge thought it would
not be a bad course to pursue if they returned a bill to the
same effect against the whole court. There were 72 gentle-
men from the surrounding neighbourhood summoned to
attend as grand jurors when there were only six prisoners for
trial, and only four cases; the triad evt n of such a small number
putting the county to an expense nearly equal to that of
Middlesex, there being at the sessions of that county about
120 prisoners for trial on an average every fortnight.
Tue.. ENFIELD ASSAULT.—George GoINDI was indicted
for an assault on George Lovell, on the 22nd of August last.
—Mr. Doane said his client wished to plead guilty, as he was
quite sensible of the crime he had committed, and expressed
his deep Borrow. When he assaulted Mr. Lovell, he was
under the impression that Mr. Lovell was the means of
giving him more work without an increase of pay; and,
while under that impression, being, as the prosecutor ad-
mitted, almost mad, he struck Mr. Lovell with a very
dangerous instrument, called a rasp.—Mr. Clarkson, on the
part of the Ordnance, said there was another case, which
arose out of the present.—Mr. Serjeant Adams reserved the
sentence until after the other case should be heard.

James Gunner was indicted for committing an assault
upon George Gowen, the prisoner in the above case. Mr.
Doane said there could be no palliation for the assault com-
mitted on his client. The prisoner was acting under the
prosecutor in the former case, and after Gowen struck Lovell
with the rasp he walked away, but was secured by three
persons. The prisoner came towards them, and, when near
them, he returned and procured a gun barrel, which he
seized by the muzzle, and, lifting it over his shoulder, struck
the prosecutor with it on the head, cutting the flesh to the
bone and inflicting a wound which had kept him in the
hospital ever since. He was proceeding to call witnesses,
when the learned judge intimated that it would be better
to have a nominal verdict than to let the case proceed, as
it was his impression that the prisoner acted in the
way he had done thinking that it would save the
life of Mr. Lovell. They wire both such dangerous in-
struments to strike with, that under any other circumstances
a very severe punishment would be inflicted, but he (the
learned judge) thought Gowen had received sufficient pun-
ishment for the assault he had committed, as the bandages
on his head showed.—Mr. Clarkson said the case had been
greatly misrepresented, and he would show that his client
was entitled to an acquittal. Mr. Lovell, finding the work
had been done a•. badly of late, was induced to bring speci-
' mens and have the work done by them at the same cost; this
it was that led to the assault.—Aßer a short discussion, the
learned judge discharged the jury and sevcr&ly reprimanded
the prisoner for using such a weapon to strike any person
with, and then dis-hanged him. Gowen was fined Is. for
the assault and discharged.

CENTRAL CRIMINAL COURT. - MONDAY.

OLD COURT.—refore the Itecorth r.

George Faz—hercrt, 2G, a young man of respectable ap-
pearance was indicted for stealing two gold watches, one
belonging to Joseph Kaiser, and the other to Mr. Harris.
He was found Guilty of both charges, and sentenced to
transportation for ten years. The prisoner was the com-
panion of the man Fitzsimons, who was convicted at this
court sometime since ■s participator in the theft of Mr.
Harris's watch, and who was also under a charge of robbing
the Lord Maser of his watch, at the Blackw•all Railway
terminus. After the sentence was pronounced, the prisoner
Fitzhc rhea begged to be allowed to address the court. He
said that although Fitzsimons had been convicted as
his companion in the robbery at Mr. Harris's, he declared
before the Almighty, that the man was perfectly innocent, and
that the witnesses were mistaken as to his identity. Ile
added that Fitzsimons was not more than five feet four high,
whereas the man who really went into the shop, was hve
feet nine,—The Recorder said it would be impossible to pay
attention to the declarations made by prisoners respecting
other parties, under such circumstances, or allow ft em to
weigh against the solemn verdict of a jury, founded upon the
evidence brought before them.—Mr. Payne remarked that
thene had been eases where parties were mistaken as to the
person, to whose identity they had nevertheless sworn
positively.—The Recorder did not mean to say that such a
thing had never occurred, but of this he was certain, that
in nmety-nine cases out of a hundred, where such assertions
were made by prisoners, with regard to the innocence
of other persons accused of an offence, they had
no foundation or truth.—Mr. Harris, in an.
swer to a question from the court said, he had
not the slightest doubt as to the identity of Fitzsimons,
and his daughter and another young lady who were in
the shop also swore positively to him, and besides this,
before the trial took place, a person came to him from Fitz-
simons and offered him the value of the watch and chain
that had been stolen, if he would not appear against him.—
Mr. Cope, the governor of Newgute, informed the court that
after Fitzsimons had been convicted he made a communica-
tion to him to the effect that if Mr. Harris went to Maryle-
bone Police Court, he would see the man who bad robbed
him. The present prisoner was at that time under remand
at that court, and when Mr. Harris went there he identified
him. Mr. Cope added that Fitzsimons had declared all
along that he was innocent of the robbery.—The Recorder
remarked that it was rather an odd circumstance if Fitz-
simons was not the companion of the prisoner that he should
know he had committal the rohb'ry.—Mr. Cope said that
the prisoner now before the Court had informed him that he
was in the Court and heard the whole of the trial of
Fitzsimons.—The prisoner was then removed repeating his
declaration that Fitzsimons was innocent of the crime of which
he had been convicted.
THIRD COl:RT.—Before the Common Serjeant.
FALSE CH A KG E.—iienry Niche/s, a member of the Inner
Temple, surrendered to abide his trial, on an indictment
charging him with improper conduct towards Frances Jane
Garlick, a girl under twelve years of age.—Frances Garlick
who stated herself to be ten years and six months old,
described the imputed offence, which was said to have
taken place in Greenwich-park on the Ist inst. In her
cross-examination, she admitted that she was often put in
contact with bac:characters, as her mother sent drc ses to them
by her, her mother being a dressmaker.—Elizabeth Garlick :
lam the mother of the last witness. I went into the middle
lawn on the day named, and saw the children. The prisoner
was lying near my little girl. I kept my eye on him when
my child looked up and said to her brether, " Here tomes
mother." She then told me what she has stated, and I went
to him and asked kim what he meant. He then got up, and
ran away toward One Tree-bill, and as I could not keep up
with him he escaped, but was subsequently taken into cus-
tody. This witness, in her cross-examination, positively
swore that she never yet sent her child to persons of bad
character.—Susannah Mather and Hannah Savannah cor-
roborated the above testimony.—John Braddick : I overtook
the prisoner on One Tree-hill. He was running, and asked
me not to stop him, as he wanted to get to the steam-boat.
He was taken back to the girl, and denied all that was
alleged against him. Cross-examined: Prisoner was going
down the hill. It is a very steep one, and a person cannot
help running. Had known the two last girls who
gave evidence, and had cautioned them in conse-
quence of their conduct towards gentlemen in the
parks.—Mr. Clarkson, for the prisoner, most solemnly
protested his innocence, and on that he rested his case. The
learned gentleman expressed his regret that the law would
not allow him to call witnesses to prove the real characters of
those who had been examined for the prosecution.—The
Common Serjeant said he would take upon himself to call
one of the park-keepers, to inquire whether the witness upon
whose evidence the case mainly rested was to be believed on
her oath. She had sworn that she had never been in the
park but twice before.—The park-keeper stated that, instead
of twice, the girl was a constant, almost a daily visitor of the
park—in feet, had almost lived in it. She was one of a gang
of girls whose obscene behaviour had become a perfect
nuisance.—The learned judge said he had long been of
opinion that the elder witnesses were unworthy of credit.—
The jury instantly Acquitted the prisoner, who was imme-
diately set at liberty.