The Express.
London, England, 1858-03-25 00:00:00

ASSIZE INTBLLIG.HIVCB.

HOME CIRCUIT.—Lawns, MAR= 24.
(Before Mr. Justice ark.)

Charles /eke, a endorsee of Lewes, surreedsred to take
his eel for felony in havesterailfully
and
and msliaiously thrown
• sees at a train upon the South Comet Rall-
ies_ sad thereby endangered misty of the
Mr. Cressy conducted the pmeseettion; Mr. tigerarllLerry
woe specially retained, with Mr. Hoops'', for the defeats.
Tale omen excited • good deal of interest in the town .al
Lewis, as it arose out of a religious disturbance that took
plea hare in November last. It will be menembend that
•lady named Scotian, the daughter of the Rev.
joCunSfobell, of Lewis, had left her dither's house, sad gone
to reside at an establishment at Rest Grinstead, known se the
hones of the Sisters of Mercy. She died in that establishment
In the month of November last, and at her request her body
was conveyed to Lamas, to be buried in the dually vault,
and the Rev. Mr. Neale, moompanied by a number of
the Sisters of Mercy, all attired in their coneetual oar
tutus, came with the body. Upon the townspeople of
fl=however, seeing the procession that was
, great excitement was 000asioned, and when the
body was taken to the church of All Saints, Mr. &obeli,
the father of
It.:er yrrizr ledy, and another clergyman,
were in 'academe, to read the burial service of the
Church of Eng • and upon Mr. Neale attempting to
insist upon performing the ceremony according to forme
new and strange, a some of greet dance and
violence smiled, and in order to escape personal injury Mr.
Neale was coin led to make his escape as well as be could ;
but it appeared that when he left Lewes he intimated his
intention of returning on the following day and performing
the ceremony. He accordingly did come again to Lewes on
the next afternoon, and endeavoured to obtain the keys of
the church from the sexton, and the hot of his visit becoming
known, a crowd speedily assembled and Mr. Neale was
hooted at and pelted with Meet, and eventually the polite
were competed to escort him to the railway Mallon,
and he and one of the Simon of Marty who aceimpanied him,
were ,sed in a mond class carriage. The crowd that had
salon were very much tacitad, and just as the In= was
about to start it was alleged that the prisoner threw • Mona
at Mr. Neale, whose head- was out of the window of the car-
riage in • Mane manner, but it missed him and struck the
and it wee for this sot that the present prosecution
was pe4nd by the railway authorities.
Mr. Crary, in opening the case to the jwy, said that the
railway compsay had nothing whatever to do with the dr-
contemner that preoeded the act imputed to the prisoner,
sad the only object they had in view was to =
toot the
_peasengers travelling by the railway
being mileage= by act' of this description. Els said
there hid se doubt been a great deal of excitement
in the town prior to the commies'= of the offence but ha
only felt it right to mention that fact in order that the jury
might understand under what circumstances the act was
committed by the prisoner, and that they might be the better
able to ascertain the intent he bad in view.
John lager, the ticket collector at the Lewes eaten, da-
pped that on the 19th November, about half-_east six o'clock
In the evening. just as the train for London- was shoat to
start, there were a good many persons on the platform,
who were hooting and hallooing, and there was a great deal
cliche sad confusion. Just as the train moved on be saw
the primmer, who was among the crowd, lift up his arm and
throw masetbing at the train with great force. The missile
etre* the 'ferriage in which Mr. Neale wee, just above the
whitlow. Witness was close to the prison when he threw
the eons, mid he at once laid hold of him, and said he was
the men wile had thrown at the train, but he denied having
done so, end some one who was standing by said that he had,
end that such conduct was shameful. Witness, then gave
the pesos= into custody. He merely saw some missile
thrown, but could not my what it was.
Cresemousined—There were about twenty or thirty pr-
eens on the platform, and then was a good deal of booting,
and shouting. He did not believe there were as many as a
hundred, but there was a great deal of noise. Mr. Neale wee
a passenger in the train. He had been so Lewes on the pre-
vious day, and a similar some of &Whams took place on
that occasion. Mr. Neils was guarded to the train by the
polies on the 19th of January. There were CAM of No
Popery" trues the crowd. He did not see Mr. Neale put his
head oat of the carriage window and defy the mob. He
would swear that the prisoner was not waving his hat.
Mr. G. Hargett, a bootmaker at Lewes, deposed that he
was apse the platform just before the train started ,And he
saw the prisoner in the act of throwing the stone. Witness
called out • Shameful," and the Mattes Ism turned
to him, and said, tt You maw that, Mr. Huggett," and
witness replied that he did, upon which the peaces, said,
"It was not me."

Cross-examined—He had known Mr. Rooks all his life.
He was • very respectable man, end of quiet
and inoffeesive habits. The visit of Mr. Neale had
named • greet deal of excitement in Lewes. There
had been • funeral on the previous day, but he was not aware
of any of the eircumetsnoes connected with it. After Mr.
Neale bed been placed in the carriage, be put his head out of
the window in a defiant manner, and leaned with his
IMO upon the frame of the window. Several other persona
who were In the carriage were apparently endeavouring to
Induce him to sit back, but he would not do so, and during
this time the railway-bridge, as well as the platform of the
etation,wee covered with people, cm! there were cries of "No
Popery," and shouting, and several stones were thrown. Mr.
Neale was accompanied by • lady dressed In a peculiar garb,
and who he believed was one of the Sisters of Mercy.
John Patching, a porter at the railway station, dera
that he law the Omar throw the stone, and he said
he was close to him at the time he did so.

—BySr;jeartiPerriLlie couldnot74;y whether the etas°
was thrown with great violence or not, but he should not
like to have caught it on hie nose. (A laugh.) There was a
good deal of excitement among the crowd at the time of the
commence. He remembered a funeral procession going to
All Saints Church on the previous day. A number of ladles
followed the body. Did not know whether they were Slaters
of Mercy or not, but they were all dressed in a peculiar
manner.

Henry Mantis, the heed porter at the station, deposed
that be saw a missile strike the carriage in which Mr. Neale
and some other passenger"' were, and it glanced from it
ekes to him, and he picked it up and found it was a moan
piece of brick, which he produced.
In crose-mentination this witness said that he let Mr.
Neale into the carriage, and locked him in, and he ciet,tol,3.l
head out of the window immediately. The police
hint not to excite the mob by doing so, but he persisted in
keeping his head out until the stone wm thrown. He saw
the funeral on the previous day. The persons who &com-
pound it were dressed in • very peculiar manner, and the pro-
cession was very &Anent to that of an ordinary tusiseal. He
did not pay particular attention to the pall, or observe that it
was • very extraordinary one, but the proceedings connected
with the funeral aimed a good deal of excitement in the
town.

Joiner, a superintendent of the East Stumm constabu-
lary, deposed ihat be and some of his men escorted Mr. Neale
to the railway *talon, and he sew him and the lady, the
Sisteir of Macywho accompanied him, placed in the carriage.
He requested him two or three times to keep in his carriage
and not excite the mob, but he would not do so. Tbe car-
riers had hardly begun to move when the stone struck it, and
it had not moved more than two or three feet.
_ _

Cross-examined—When Mr. Neale lett the town on the
previous day he head him say that he should oome again
the next day. The mob were a goad deal move excited by
his persisting In putting his head out of the cordage window.
Witness begged him two or three those to put his head in,
as he considered be was in danger.
George Dawes, an inspector of the constabulary, deposed
that when the prisoner was given into his charge for throw-
ing a stone at the =liege, he denied most positively having
done so.

Serpent Parry, at the close of the case for the prosecution,
submitted that tWte was no evidence to support the charge.
The act of parliament wider which the indictment was framed
was a highly penal one, and clearly was only intended to
apply to the case where the intent to Canoe Injury to the pas-
sengers was made out in a satisfactory meaner. In the pre-
sent sae he contended that easy intent at all wee made out
it was an intent to assault Mr. Neste, and that, taking into
consideration the position of the train at the time, it was idle
to asppose that a missile such as that which had been pro-
daosd could In any manner have affected tie safety,
Mr. Justice Erie said that his view of this statute was that
it must be shown that the act complained of was one that in
ordinary course was calculated to cause at lead grievone
bodily Injury to some person travelling in the train. He
would, however, consult Mr. Justice Williams upon the
point, and he retired for that purpose. Upon his return he
said that Mr. Justice Williams agreed with him sa to the
law, but considered it was a question for the jury.
I3erjeent Parry then said he had hoped that the objection
be had taken would have prevailed, and that he should have
been spited the necessity of troubling the jury with the few
observations he Intended to make on behalt of the prisoner.
He bed, however, no fear of the result, because he felt sa-
tisfied that under the circumstances the jury would not for a
moment think of convicting the prisoner of an offence for
which ha was subjected to be transported for lite, when it
was clear upon the evidence that If he intended to commit
anyoffence at all it was one of a totally diflerent eke/aster.
He said he believed he was in a condition to above, by the
most positive testimony, that the atone, or whatever it was
that struck the arriage, was not thrown by the prisoner at
all; bat be it quite unneoessary to do eo because,
even admitting that he bad thrown it, it appeared to hipsthese could be no doubt that the object was to small
' Mr. Neale, and that there was no such Wilt proved as the
sae required by the act of parliament. The learned serjeset
then observed upon the facts of the case, and said that the
people of Lewes evidently considered their religions feelings
bed been insulted by the proceedings of Mr. Neale and the
persona who accompanied him, and that he had brought
what took place entirely upon himself.
Mr. Justice Erle, In summing up, caUed the attention of
the jury to the precise terms of the statute, and told them
that, before they would be justified is convicting the pi-
eces', they must be satisfied that he bad the %tenting, at all
events, of causing some grievous bodily Injury to the pla-
=in the train ; and if this woe not made out, they
to acquit him. He then maid that the condom of Mr.
Neale in putting his bead out of the carriage winaow was
certainly very injudicious, and if they should thiek the stone
was merely thrown with the intention to assault him, he wee
of opinion the present charge could not be supported.
The jury almost immediately said they were all agreed
that the prisoner was Net amity.
Than was a bunt of apples.* when the verdict was deli-
vered, which was, however, checked by the officers.
Mr. Justice Erie said he thought people ought to under-
stand that nothing was more calculated to nuke a court of