The Express.
London, England, 1858-03-08 00:00:00

ASSIZE INTELLIGENCE.

HOME CIRCUIT.—HasTrosp, Xis= 8.
Caows &Dz.—(Botors Mr. JudoeWBthuila.)
raa STMIXAOI NVILDIER.

The trial of Osrpailsr, for the
murder of John Star the palimony was resumed this
morning at 9 o'clock, the court was Wed the moment
the doom were opened.
Mr. Hawkins end Mr. C. Pollock appeared on the of
the prosecution, sad &Omni Parry (specially retainewith
Mr.-Watkin Witham tor theleisoner.
The endears Wooed in WINN ed the prosoontka 4016-
MAIM neerly the whole of des meeerial facto detailed in the
=epode el the isms& avemeal for the mesontion. bat
en ler the , by an strait crow- azedethetka,
suomediella anapperentdiecregney este thetas
whoa the rimer and ialintegithe ma were last seen ea
the night of the murder. He also glinted the hot that the
CZ:lie nate wee in the habit of Wefts end that shortly
b'e maths he had lath ate *meth
pigs,
and that they bled a good died Sabi the epergne& In
mower to purikas that VIM put at
iredizclina of the
Jury, It also appeared that no bed hen
ten to demean to look no
rilyihneer, ponindesty ea
aunt of them ngder • bat Yet iresthem were le leek that
the Inds In the steLthisonrbood of on Chas hem in
tin evening until o'clock, and then is eseuprett himself at
the paha-station. The case for the paemwisaw doled 1
by a pies of evidence of an ex eineeelere
William Qehth an of the Hats , dewed that
ca Wedassday ragtag at the hvesidne the thehe ,
was ordered to mend the pram van to the gen ,;and
he was placal aside. Than were apnea ampartesente
for the primes, Cespenew wee ene who wee pieced in the
van, sad a mea.who had been convicted of mine( stolen
pre~mty, end eintenced to ten mandled ieniesent, wen
ens . He wee ha a position where the peLsame could not
see him, ending before the van started is beard the Ing-
mar! say to the ether mean" What have yes pt?" sad he
m " en entlia" rimer inn " I have
met 6l T
my aid," lad the other anon mini hies, what he
wee In fort end be said, in min "Fee the murder of
Btarklna." Nothing more pawed -until the Yea wooed at
the prison gates, end when it stopped the prisons? AP&
addressed the other man, and end, "De pea mow whether
Shepherd (one of the winnow for the preeeadion) has said
an 1" The man replied.. ae,"teni the pruner then
said, he has, he will do nO vas was them drives
into the gaol-yank and when it pi bride, the man sell to
.thmileona, Do they lacer thee ft ?" end the prisoner
, " I done It, bat arboily hews It."
.17e witness, upon beteg weereenridned by Wen
van, end that wee the telly doe he had ridden in the
van, and it was to anibiathilly that be led dine se on
this ocosaton. He did not know the name of the sea who
hed the ocavereation with the primmer.
=Way was about to proceed with the crow-
d this wines, when he fell down In a fit, end It
was hand secessery to remove him ban the court. After
waiting he eons these, an intimation was given by Dr.
Taylor, who sanded upon the tritons, that he wee not
likely to be In a condition for some tines to undergo further
othinnotion, and the wart wes mdiourned.
At the oOINIIIIMOIOIIId of the proceedings this morning the
mose-examinstion of the whales Quint was p fad with,
bat he hi declaring that he heard conversation
idw
to par between the prisoner and the other man, but
he could give no other information respecting that person
than that he was a prisoner who had been =Wooed to ten
months' imorieonment.
Mr. ?knight, the deputy-clerk of maize, observed that the
only prisoner sentenced to that punishment was a man named
Henry likershallier receiving stolen property.
The jury said wondered It of very great importsnos
to know man would confirm the statement made
by the constable, end they thought he ought to be examined.
Serjeant Parry rid be ought to be WWI by the crown.
Mr. Hawkins end he had received no information whet be
was likely to my, but it appeared to him that as the caned
for the crown he ought not to call a convicted felon, as he
considered ha evidence would be of very little value as corro-
borative teethany either one way or the other.
Mr. Jenne Williams said he should take upon himself to
examine the wither, and Rinphall was accordingly sent for
to the milled sad he arrived in a that time and was swan
and ex.

The lesnied juke laving condoned him as to the im-
portance of Ws speaking the truth in so solemn an inquiry,
stet some questions to him, la answer to which
C° Vedd es Wednesday evening, when he was in the
van pig to gaol, some one irked him what he bad got,
and he replied ten ascathee impriscantent, but he owes pod-
*rely that nothing also pared heaven thus, sad that no
other oreiversaties of aay kind took phalli to the van so it was
going from the court to the gaol, or whoa It entered the gaol.
The jury wished to know whether there was any one else
is the van who could give say further information upon this
raked ?
The Governor of the gaol (fir. Hatchard) said that a young
;LTthe daughter of me of the turnkeys, was riding in
the van, sad there was • turnkey, who was her fa-
ther, behind the vehicle.
The jury mid they should like them persons to be exa-
mined.

The learned judge said by all means this should be done.
Mary Anne Dunning, the young woman referred to, was
then examintd—lthe stated that she was riding outside the
van on Wednesday evening, and heard some conversa-
tion going on inside, but could not hear what was said. There
were two or three voioes. The talking began soon alter the
van started, end continued till It stopped at the prison, and
when it had entered the gates it commenced again but her
father, who was riding behind the van, then interposed and
put a atop to it, as it was against the prime regulations for
the prisoners to talk to each other.
Stephen Dunning, the Whir, was also examined, and he
said that he heard talking in the yea when it was at the gaol
gate, but only two or three words, and that be immediately
Ma stop to it and threatened to report all the prisoners for
g the gaol rules.
Mr. Justice Williams put some questkas to the witness,
in answer to which he said that the comperttmts in the van
were all separated entirely from each other, and they were
ventilated by gratings outside the van. He said that it was
possible the prisoners might communicate with each other as
the van wes going along if they spoke very loud.
The j eventually expressed a desire to examine the
van, and they went out, accompanied by a bailiff, for that
purpose. It turned out that, in addition to the gratings for
ventilation at the side, there were others at the top cd
each compartment which afforded a ready means to the pri-
soners for communicating with each other.
This dosed the case for the prosecution.
Mr. Berjesnt Parry then proceeded to address the jury for
the prisoner, end although he appeared to be labouring
under indisposition, and asked for the indulgence of the jury
on that ground, he mede a most eloquent and telling epee&
on behalf of his client. He said ho should not for a moment
attempt to deny that a most foul and cruel murder
had been ootozeitted, but the propositionmop, and the only mop
he should endeavour to make out to the satisfaction of the
jury on behalf of the wretched man at the her—wretched if
he were innocent, and doubly wretched if guilty—would be
that the evidence against him was not of that direct and con-
&wive character which called upon them, In the performance
of the solemn duty in which they were engaged, to return aeffectverdict, verdict, the effect of which must inevitably be to consign •
living, breathing, human being now standing before them in
the full vigour of manhood, to • felon's death on the scaffold.
That it was • o dm of suspicion against the prisoner, of strong
suspicion If they pleaded, be could not deny, but no man's
life, he said, ought to be taken upon suspicion only, and
even if they should be of opinion that there was no moral
doubt of his guilt, etill, it evidence did not establish it
in a clear and conclusive manner, it wan the duty of •
jury, and they were only acting in strict conformity with
the law, and performing the obligations of the solaria
oath they taken, to say that he was not guilty of the
crime against him. The theory of the persecution,
if he be permitted to apply such a term to an in- '
guiry of this wham character, appeared to be that the
=forename deceased had received special instructions as
the day of the murder to watch the prisoner upon
the supposition that be had committed some offence,
and that this had led to the fatal rencontre between them,
but he said that the evidence failed, as itgripers! to
altogether, to rake out that fact, and ail that wee roved
appeared to be that the deceased had received Instructions to
be about the lids in the neighbourhood of Norton Green
firm, and conart himself at nine o'clock, aad he urged
do ammo tloy might have their snapidans upon the
• them vat so then testimony to show that the pi-
Kew and the diesseed ever came Ix costae re the fatal
night. He thieelbre eisassled that the cant far the roar-
lar et timeenyensek sod that all the other cdronnistances
the were raid Woke be explained is a meaner cos-
&hot with the of the prisoner. The horsed
=sl thin prealided
sus
upon the dot of the blood
hod via the clothes of the
end hob% Obit reds( was rote lady twig
that sash seas shield be dimmed, whim it
was preyed that his nest wee is the habit of Weeipme; sad
that asly • very siert lime bakes he big tams tegieyed is
es opielles_nis Mee yip whisk isaled them
to bleed a gnat Ng. Will rapid le the Misses glom by
the rills ewe Quid, he maid wagtail le limits it she-
Ohm kw fide earilerilve en unevedg of bird, He
mid he wee emballeted is several =WY pieliesters by
the other pawn to the vaa ; and he egged tie=
tbe extreme I.pelakaity that W geyser
Nude sea a essmise to • .es of waen be Mew "ring.
Ha dos Meet la the mbar ale to the ass, eiel ear
chided a met able speech by NSW aria the jar, to ay by
their verdict gist the charge
ozio not proved, and think,*
that they oegolitod Ike