The Express.
London, England, 1860-07-24 00:00:00

TAB WEEK, TUESDAY EVENING, JULY 24, 1860.

ASSIZE INTELLIGENCE.

ROME CIRCIIIT.—Lavern, Jr:br 23.
(Bolero Lord Chief Justice Cockburn.)
ALLEGED MANSLA COWER BY A SCHOOLMASTER.
T/10•1118 Hopley, 41, • pen= of gentlemanly appearance,
Illarfeudered to take her trial upon a charge of the man.
slarbter of Hashish! Channell Cancellor.
Tate ors created the most interim interest, and the court
was crowded dearly en hour before the time appointed for
the commenceister of the proceedings.
Sorjear PaniksaLl Mr. Knapp conducted the prosecu-
tion ; Beirjeant tine and the Hon. O. Denman were
couoael for the prisoner.
Serjeant Parry, In opening the cue to the jury,
said that he did not remember • more painful
sad =woos duty being cast upon him than the
sae he was then about to discharge as the mural
far the prosecution in the present car. The_pinioner was•
men of high character, and his position in life ws• such se
to give him no temptation to commit crime ; and these facts
rendered the present investigation doubly dirreming ; and
in the onset be entreated of them to da .mms from their
minds every rumour or statement they had heard in refs-
MOOS to the and be guided in the decision they would
arrive at solely the evidence that would be laid before
them. The prisoner, he believed, was a man of high attain-
emote, and he was the principal of a school at Eastbourne,
in this county ; and the charge that was made against
him warn that by a course of brutal and cruel
conduct he had caused the death of a young
gentleman fifteen years old who bad been entrusted
to his charge and care, and over whom it was his duty to
have thrown • shield of protection. He and his learned
friend had attentively considered the evidence, and he felt
it right to state that the only reason why • charge of wilful
murder inatted of manslaughter had not been preferred
against the primmer was that he stood in the position of •
schoolmaster, and that the father of the decreed young
gentleman had delegated his authority to him ; and as the
Lw of England =enlaced the use of corporal punishment
to a moderate erteat in such • case, and in the present
instance the death was alleged to have arisen solely from the
excessive rtes of that power, it was thought the more advis-
able averse to pun= was to prefer • charge for the minor
offence only against the pnsoner. He then proceeded to state
that the deceased was the son of the late Mr. Ouraillor,
formerly one of the Masters of the Court of Common Pleas,
who had died since this unfortunate transaction, and he was
the godson of the Late leader of this circuit, Mr. Baron
Chanoell. in order to show the position of the parties, be
informed the jury that the prisoner was to receive • stipend
of DO'. per annum for taking charge of the deceased. The
lad, it appeared, was undoubtedly an °briare and to sums
extent what wee called a slow boy ; and it appeared that at
Christmas last he was punished to some considerable extent
by the prisoner, be having at that time been only • few
montha under his charge. He went home for • short time
at Easter% and then returned to school, and about
the middle of April the prisoner wrote sie
ra extonlinary letter to the father of the deceased,
in which he stated that he had tried every means in
he power to imoquer the boy's obstinacy and induce him to
perform his studies, but they were of =avail, and that the
only thing that could be done was to resent to strong mea-
sures of corpoeni punishment, and he asked the consent of
the father to the adoption of this course. The father of
the decreed permitted the prisoner to act as be thought
fit, but be, of course, never intended to sanction the infiic.
noel of any cold-blooded or heartless violence, such as was
imputed to the primmer, upon his unfortunate child, neither
bad he the power to do so, and if the prisoner or any other
person in • similar position fancied that the law gave him
say such pewee, it was high time for hie own sake and for
the potectsion of the public that he should be undeceived,
and be made to know that the moment • person in the posi-
SIM ol • schoolmaster went beyond the bounds of res.
sonsble and moderate correction to • pupil he was acting
najestifiabl , and rendered himself amenable to the law.
Thelearned sernatit then proceeded to state the facts of the
case, and said be should he able to pmve that fora period
of nearly two hours the primmer beat the unhappy lad with
• skipping-rope and a stick, and that at 12 o'clock at MOt,
at which period the punishment was inflicted, he left him
• corpse ; and it was under these circumstances that be
Eal before them to answer the charge of manslaughter
r"... now preferred against him.
The following evidence wee then adduced :
The Rev. J. H. en
said—l am curate of the perish of
Send, in `Surrey. The demised was my brother. My father
died on the 22nd of June last. I know the prisoner. He
kept • school for private pupils at Eastbourne in April isat
and my heather was one of his pupils. He was 15 year. old
lest August. He went to the school in October last. I saw
lb= ler alive I. April of the present year. In consequence
of something I \salmon I went to Eastbourne on the 24th
lot April. 1 bed previously been informed that my brother
was hied sad that there had been an inquest, and I went
dew. with an undertaker to bring away the body. The
' subsequently called upon me at the Burlington
Hotel. The body at this time had not been removed, in
ormesquence of something I had heard, and I told Mr.
Hopky when I saw him that it might be D
to have • postmortem examination, and :1°1111.41
was waiting to see the inspector, of polio upon the
subject. I asked the pawner how it happened that he
told my father he had left my brother on the night of his
death at ten o'clock, when it was reported that he
left him much lair, and he said he did not think it was
later thee 11. I also asked him why he bad not sent sooner
for • medical man, and be replied that I must make allow-
ance for his agitation, and that he was so *tat= at finding
my brother dead at six o'clock on the following morning,
that his first imputes was to lock the door, that no one else
should go into the room while he was about to fetch the
doctor, bet he found he could not lock the door, as there
MN no key, and be then found it was necessary to break
the and intelligence to Mrs. Hopley, and he did so to her
and one of the servants, and they were both so terribly dia.
tressed that it was some time before he could leave them.
He told me that be then went to the house of Mr. Roberta,
his medical man, and he was not at home, and he left •
message, requesting him to go to his house as soon ea he
returned. Mr. Hopley said that after this he proceeded
to the telegraph notion and sent a message to my father
=noun* his son's death. The prisoner told me that
upon his return ha met Mr. Roberta, and took him into the
room where the dead body was, and he saw it. I asked
the prisoner if my brother took any notice of his punish-
ment, and he said " No." I then asked him if he fainted,
and he rain said " No." I then inquired how there came
to be heard uveams from my brother's bedroom, when he
had told my father that he punished him down stairs, and
that the boy was very cheerful atter,the punishment, and
talked • good deal about all of them at home. The prisoner
replied that my father was so agitated that he wished to
spare his feelings, and did not enter into any =necessarily
painful details; and he then said, that after my brother
bad been punished he told him to go to bed, and be was
unwilling to do so, and ke had almost to carry
him up-stairs ; nod when be him
he refused to tearer and he told him ifup-eta brree
did not he should have to fetch the rope and punish
him rain, and be did fetch the rope and punished him
rain, and he bunt into teen, and my brother then put his
head upon his near said asked to be allowed to asy his
lesson. The prisoner then said that he prayed with my
brother before be left him. I asked the prisoner if be
drew blood when he punished him in the bedroom, and
he replied that be did not ; and be told me not to think
because be bad punished my brother in her bedroom that he
had his clothes at. I next inquired if there was any
blood in the bed, and he mid there might be • few marks
on the sheets. After this I accompanied the prisoner to
the room where the body of my deceased brother was in •
leaden coffin. I observed • mark on the cheek, and in.
wired of the prisoner if it was not • bruise, and he replied,
that he believed it was oily the diacolouration that
often took place after death. He then clasped his
hands together and rid, "Heaven knows, I have
done my duty by that poor boy ;" and we
both left the room together. I inquired of the
prisoner if any noise had been heard in my brother's room
after be left him at half-past ten o'clock, and he said he had
made strict inquiry of the servant., and did not believe that
any one went into his room. I was satisfied with the pri-
sorter's explanation, and consented to the body being re-
moved, and it was taken to the residence of my father, at
Barnes, in Surrey. In oonsequence of something that after-
wards occurred a post-mortem examirtioo took place on
the Saturday following, and on the 11th of May there was a
second post-mortem examination at the instance of the '
prisoner. The primmer sent me a report of the coroner's
amulet on the 27th of April.

Crosa.essmined—l understood Mr. Hopley to deny that
any noise was beard in my brother's man, as well as that
any of the servants had been into it after he left it. My
brother had been to a private school at St. Leonard's. and
had also been placed under a private tutor before be went
to the prisoner's school. The prisoner's school was mconi.
mended to me by Captain ]teeny, the thief constable
of the Simnel constabulary. The prisoner was paid 18W.
par annum with him. My brother was rather an ob-
stinate boy, but be was more of a spoilt child. His head
was peculiarly formed, and he was a backward buy. He
would not readily do what he was told. Figures were •
weak point of his ; but I should say that he could have
done • simple sum in arithmetic. There had been a dis-
cussion with the family at tliristma. upon the subject of
my brother's obstinacy. He was short for his age, and
rather stout ; and when he came home at Christmas we all
thought that be bed improved since he had been under the
pnsonees charge.
Re.examined—My father complained to the prisoner
when he came boats at Christmas that there appeared to
have been a good deal of violence used towards ham.
The report .4' the inquest was then put in and read.
The prisoner appeared to have stated that he left the
deceased at halt past ten o'clock at night on the nod of
April, and that he fennel lira dead on the following morn-
ing at half-past six o'clock ; and he made no mention of
having punished the deceased on the night prior to his
death._

By Berjeent Ballantiae—Tbe prisoner told me that the
deceased had been in discrece and punished the day
before his death. He also used that be bad made a state-
ment before the coroner which bad been purposely kept out
of the newspapera, and he wished me to go with him to one
of the jurymen to hear what had actually taken place. At
the time I rocetsed the report of the iiquest I was aware
that the deoreeed bad been punished, but I thouf,bt that a
rope only heel been used.
Reasionined --I wail not aware that a stick had been
used. I cannot nay whether my brother was acquainted
with Use first lan rules of arithmetic. He was a parting-

le* kind and affectionate boy, sad very much attached to
his father.
By the Lord Chief Justice'—l believe he wee a boy it wee
very difficult to teach anything to. He was dull in point of
intelligence, and I believe be had also a distaste to learning.
Ellen Fowler mid—l was in the service of the Filmier
at Eastbourne in April last. I was nursemaid. I knew the
deceased. On the evening of Saturday. the 21•1 of April,
between five and six, I saw him iu the mesa-room, which
wail on the ground floor. I saw him again between six end
seven. He was then having his tea. I never saw him
alive after this. I slept in the room neat to Master Oen-
cellor. About ten o'clock at night I heard the sound of
Mr. Hopley beating some one in the pupil-room, which wee
on the first floor. The beating continued until I went to
sleep, which was in about a quarter of an hour. I woke again
at a quarter to twelve o'clock, and 1 then heard Mr. Hopley
and Master Canceller coming up stairs, and the prisoner at.-
=be pushing him up. When they got into the
of the deceased the prisoner shut the door and
went down stairs and came up almost immediately, and
directly afterwards he began besting the deceased again,
and I beard him say, " Now do, there's a dear good boy."
He did not say this while he was beating him. I heard the
prisoner say, and four" (as though be were teaching him a
lemon). This went on until a quarter past 12, but the pri-
mmer did not keep on beating him all the while. He stopped
a short time and then went on beating him again. I had •
clock in the room, and I got out and looked at it. The boy
kept screaming and crying while he was being beaten, but
all of a sudden there was complete stillness in the room,
and about ten minutes afterwards I heard a slushing of
water, and then some person went upstairs, and I heard
the sound of the water tap, and after this I heard the
sound of some person going up and down stairs fre-
quently. After all was still my mistress came into my
room, and she wound up the clock and stopped it.
I did not hear any sound of water being thrown on the
floor in the deoeased'a room, bat I heard water apparentl7
poured from one vessel into another. This continued until
one o'clock in the morning, when I west to sleep. After
my mistress bad left my room the key Irma takes out of the
door, but 1 cannot say whether the Wit wee turned or not.
I got up on the following morning about belf-pest 6 o'clock,
but I did not at that time notice anything particular.
Before I got up I hoed the prisoner go into the deceased's
bedroom. I saw Mrs. Hopley about a quarter to 7 o'clock
go into Master Caneellor's room, and she had something
white under her arm. Shortly after this I saw one of my
fellowaervaate, teemed Alice Deacon, with a candlestick in
her hand, and I observed that there were spots of blood
upon it. The prisoner subsequently told us that he had
found Master Clancellor deed in his bed, end
he said he should
day he lived. On the Tuesday morning following
the prisoner came into the nursery and asked me
if I knew what time he left Master Cancellor's bedroom,
and I told him between 12 and 1, and he said he did not
think it was so late, and I said I knew it was because Mrs.
Hopley had stopped the clock et • quarter after 12, nod I
had beard him in the room for some time after. The
drawers of the deceased were shown to me at the board room
on this Sunday, and I observed that there was blood upon
them, and I also saw some of Mrs. H..ley'a pocket hand-
kerchiefs and there were spots of bl.. upon all of them.
I was in the deceased's room on the Saturday after his
death, and I noticed blood on the floor and on the hearth-
stone, and also upon the bath. It seemed to me as though
there had been a good deal of blood and that it had been
wiped up. I also saw a spot of blood on the jacket of the de.
ceased. I likewise sawappearancea of blood in the pupil room
which appeared to have been wiped up. There were a numbei
of spots of blood, and one of them was as large as the palm
of a hand. There was a carpet in the room, and there was
blood upon the floor under it.
Cross-examined—Mrs. Hopley was in the habit of wind-
ing up the clock in my room every Saturday night. I did
not find out that the clock had been stopped on this night
until the following morning. She went to her children end
kneed them, as usual, and then left the room and wished me
good night. Mrs. Hopley is quite a young woman, three or
four twenty, and very much younger than the prisoner.
It was after all was stall in the deceased's batmen that
Mrs. Hopley came into my room. I heard very little water
drawn from the watertap—not so much as would fill a jug.
I did not say anything to my mistress about the beating
that had been going on. 1 had noticed that the deceased
was an obstinate boy, and Mr. Hopley appeared to be very
patient with him
Reaxamined—l wrote to Mrs. Locock to acquaint her
with what I had seen.

By the Lord Chief Justice —I was told that the deceased
would not do what he was told, but I never saw any in-
stance of his obstinacy in this respect.
Alice Deacon said—l was housemaid to the prisoner at
the time the deceased young gentleman was under him
charge. About half-past 9 o'cbck at night, on the 21st
of April, the prisoner told me to send Muter Canceller into
the dining room. He was in the play room, and I told him
to go to Mr. Hopley in the dining room, Lid I never raw
him alive soul. I went down into the kitchen, and while I
was there I heard Mr. Hopley call the deceased, and they
then both went into the pupil room, and I thee heard Mr.
Hopley beating him. I could not tell what be was beating
him with. I heard several blows, and then& panes, width=
the blows were repeated, and this continued front a quarter to
10 until a quarter or twenty minutes to 12. The diseased
usually went to bed between 9 and 10 o'olock, and I gen-
rally took away his candle. On this night I sat up for him
until 11 o'clock. I heard him cry out while be was bang
beaten, and sometimes he and the
.prisoner appeared to be
running about and sometimesfalling down. I heard this
while I was in my bedroom. About a quarter to 12 o'clock
I heard the prisoner and Mr. C.neellor go upstairs to the
deceased's bedroom, and the latter seemed as though be was
unable to walk. I heard nothing more that night, but about
half-past 6 the following morning the prisoner came to me
and told me not to go into Master Cancellor's room ; but
he did not say anything about his being dead. I went into
the pupil room on this morning, and I saw spots of blood
on the carpet, quite wet, and it appeared as though
some white powder bad been put on the blood, and it bad
been rubbed. I went into Mr. Hopley's drearing.room soca
after this, and I saw Master Queoellor's drawer, and trou-
sers, and socks Owe of the socks appeared to have been
washed, and there were marks of blood on the other. In
Mrs. Hopley's room I saw some dusters that appeared to
have been washed, but there were still marks of blood
upon them. These dusters were spread upon the floor to
dry. There were also spots of blood on one of the sheen of
Mr. Hopley's bed. The prisoner sent for me in the canine
of the day, and told me that he had found Master Clan-
cellar dead in bed, and that he and Mrs. Hopley had mode
him as comfortable as they could, and that they bad seat
for Mr. Roberts, the doctor, and he was going to
' send a telegram to Master Cancellor's father. Mr.
Roberta saw the deceased soon afterwards, and
I also went into the room and wiped the cheat and face of
the deceased. A few days after the death of the damned
I found the stick and rope now produced in Mr. Hopley's
private study. There were marks of blood upon both.
(The rope was an ordimuy skipping rope, and the stick was
a good need ordinary stick.) I also found a hand-
kerchief belonging to the prisoner, which was covered with
blood. This handkerchief was in one of the prisoner's
drawers, and I put it back, &ad when I looked for it again
it was gone. There were also marks of blood upon the de-
' oeased's candlestick, and upon the inside at otos of his shoes.
remember on the marwog of the inquest the prisoner
spoke to ono and said I should probably be wanted to give
evidence, and he told me to say that I and Mrs. Hopley
had made the body comfortable, and that I was to speak the
truth and say all I knew. I wee not examined. I wrote
to my father in reference to this matter, and the prisoner
told me he had heard I bad done so, and he said if I did
not mind what I was about he would send me to prison for
hurting his character.
Cron-examined—The prisoner spoke to me and the other
servants several times upon the subject, and he said that be
thought we had not confidence in our master and mistreat
and this was the reason he did so.
Fanny Holland, cook in the establishment of the prisoner,
gave evidence of a similar characterto that of the last
witless.

Jane Johns, the laundress to the prisoner's establishment,
proved that on yonday, the 23rd of April, some articles of
clothing belonging to the deceased, and other things of the
prisoner and hi wife, were washed, and that there were
spots of blood upon several of the articles.
Three coastguard men were then examined, and they
proved that they saw lights in the prisoner's house at one
o'clock in the morning of the 22nd of April, and at other
periods during the night.
Sergeant Tobutt, of the Sussex constabulary, produced
the tremors of the deceased and the other articles men-
tioned by the witness Deacon.
Yr. Emily, the registrar of births and deaths for the
Eastbourne district, proved that the prisoner called upon him
before church time on the 22nd of April, and wished to
register the death of the deoeased, but witness told him be
could do nothing until the inquest had been held. The
prisoner said he was anxious to avoid having an inquest on
account of the deceased's family.

Mr &Lusby Roberta asid—l am a surgeon, practising at
Fostbourne, and I was sent for by Mr. Hopley on the 22nd
of April, and saw the deceased 'lying on the bed. I could
not sign any cause of death of my own knowledge. The
prisoner called upon me, and asked me for a certificate of the
cease of death, on the following day, and I told him I could
not, do to.

erOse:elamined—The deceased's father Asked me if I
thought any slight punishment that had happened would
have bed any effect on the death of the child, and I said
that from what I had heard I thought not. From what the
pr• told me I believe the death arose from disease of
ht heart. On the day the deceased died I suggested to the
prisoner that there should be some further examination by
myself and some medical pntlemsn on the part of the de-
ceased's family. The prisoner appeared to be averse to such
an examination taking place on account of the health of
Hrs. Hopley. I understood that the prisoner bad admi-
nietered some slight punishment to the &amend in sowed-
awe with the wish of his father.

Rintiamined-1 had not the meet remote suspicion that
the deceased had been beaten for two hours with a stick
sad a rope.
Sir C. Locock said, that in consequence of a OOMMUlliell•
tics he received from one of his relatives. he wrote to the
ham of the deceased, informing him of the rumour, that
mai afloat relative to the treatment the deceased had re-
mind. The prisoner subeoqumtly willed on him and mid
he was aware of the sad event thai had WWII pia*, at his
hear st Eastbourne, and leiter= told him be bad beard
something about it. The prisoner thew said the oorower's
jury had returned a verdict that the dimmed died a nattwal
death, but there was a good deal of gomipmad a great many
lieti and it Timid same the peopled where pee a aft-

date that the deceased was likely to have died of diseased
heart. Witness told him be could not give any each cer-
tificate, as he bad no reason to believe that the boy bad dis-
ease of the heart ; and he asked the prisoner why he
theaght he had disease of the heart? He replied that he
had very feeble circulation, suffered dreadfully from chil-
blains, and was verynervona id timid, and was afraid to go
over a plank by himself. He then asked the pri-
soner whether it was true the boy went to bed in
his usual health on the Saturday night, and
was found dead the next morning, and he replied that he
did not wish to distress his father by telling him all the **-
I eumetances, hut he would tell them to him. He then said
the boy was a very peculiar boy and very obstinate, and be
could not get hira to do anything he required of him, and
his father had sanctioned his employing corporal punish-
ment. He said that lie had told the father that if he was
allowed to make use of personal punishment that he must
also be allowed to follow it up tdl he had conquered the
boy, and that it would do more harm than good to begin
with such correction and then not follow it up. He said that
on the Saturday the boy showed the same obstinacy, and
throughout the whole day he would not do the most simple
sum, which he knew perfectly well he could do. He
spoke to him several times kindly and seriously, and,
finding that he still resisted, he would not allow him
to join the other boys in family prayer in the
evening, but told him to remain in the pupil room, and
after thi other boys had gone to bed, he went there to him,
and prayed with him, and adjured him to submit, and told
him what the alternative would be. He said the boy was
still obstinate, and he looked about for something to correct
him with ; but he was so little in the habit of correcting his
boys that he had not even a cane in the house. He said be
found a skipping rope, and beat him with it, and after doing
so as he thought sufficiently, he desisted, and implored him
to submit, and left the room, and returned, and finding
him stall obstinate be beat him again. The prisoner went
on to soy that he did this five or six times, and at last the
boy threw himself upon the ground and refused to
go up to his bedroom when lie ordered him to do
so. He said he was determined not to be haled,
and he dragged the deceased up to his bedroom,
and finding that he was still obstinate, he went
downstairs and fetched the skipping rope, and beat him
agate, and continued to do so until he conquered him. He
said that the deceased then became softened; he shed
tears for the first time, and asked him to allow him to lay
his head upon his breast and repeat the rum he had been
raked to do, and he then left him and wished him good
night, at the same time telling hini he was glad he was a
good boy. Witness asked the prisoner if the deceased had
not cried before the period he stated, and he said that he
never cried, but that he shouted while he was beating him
load enmo to be heard half over Eastbourne. Witness
asked if the boy was not faint, and he said he was not, and
he them inquired what all the splashing of water was
about' The prisoner coloured up and looked confused,
and then said he thought he remembered knocking
down a jug of water. Witness then inquired if there
was any blood, and he said there were a few spots on the
bath towel, which might have been cowed by the boy pick-
ing himself. Witness, _ upon this, looked fixedly at the
prisoner, and said be had heard there was blood in the
room downstairs, blood in the bedroom, blood on the stairs,
and blood upon some of his own clothes, which had been
pertly washed out. The prisoner turned pale, and made
no reply, and after standing still for a minute or so, he took
up his hat and went out of the room. . .

Croas.examined Witness obtained the information
through his ester-in•law, to whom it had been commutti•
eated by one of the servants of the family.
. _

A statement made by the prisoner when before the
magistrates was put in and reed. It was partly to
the same effect as that made by him to Sir
Charles Looock. He said the deceased was a very peculiar
boy, end that he was not only very obstinate, bat that he
was also actuated by a determination not to learn anything.
Although between fifteen and sixteen years old, he did not
know the difference, or pretended not to know it, between
a shilling and a sixpence or a fourpenny piece. He corn.
municated with his father, and he considered that he had
his sanction for what be did, and feeling that it was abso-
lutely necessary that he should master the boy's propensi-
ties, he resolved, with great regret, to do so by severe
punishment. He was in one of those fits of obstinacy on
the day in question, end he admitted that he beat
him until he subdued him, and he said his
lesson rapidly and correctly. After this the prisoner
said the fit spun returned, sad the deceased refused to go
upstairs and to undress himself, and feeling that if be had
given in it might have the effect of ruining the lioy for ever,
he again punished him and succeeded in subduing him, and
the deceased expressed himself grateful and went to bed.
The prisoner admitted that he and the rope and the stick,
but said he only beat the deceased about the legs and
shoulders, and he had no other instruments to make use of,
he being so averse to corporal punishment that he had not
rasa so much as • cane in the house. The statement con-
cluded with en assertion by the prisoner that he was not at
all in a pension or in anger when he inflicted the punishment
upon the deceased, but that he felt he was doing his duty,
and that he repeatedly requested the deceased to give in and
spare him the pain of inflicting further punishment upon
hum
Yr. Prescott Hewett, one of the surgeons attached to St.
=Hospital, deposed that he made a pest,mortam
of this doomed on the 28th of Aped, assisted
by Dr. Willis sad Dr. Holmes. When he first saw the
body it was oompletely covered so that no part but the face
wee visible. There were white kid gloves on the hands,
sad the legs and feet were covered with apparently men's
stoking; which reached half•way.up the thigM. Upon re-
the unruly sad examining the body he discovered
that t e legs and arms were of a dark livid colour and
swollen from extravuated blood. He cut through the
akin and then ascertained that there was • very
large quantity of blood extiseasated into the cellular mem-
branes underneath. Under the skin of the palm of one of
the hands there was extraverted blood three-quarters of
an inch in thickness, and the cellular membranes under the
skin of the thighs were reduced to • perfect jelly ' • in fact,
all torn to pieces and lacerated by the blows that had been
inflicted. The injuries most have been inflicted by some
heavy blunt weapon, and the stick that had been produced
was an instrument calculated to have inflicted such inju-
ries. The rope, in his opinion, was calculated to make the
bruises and the stick to have produce the lacerations to
which he had referred. On the right leg of the deemed
he observed two wounds about the size of • gin•
pence and an inch in depth, and he was of opinion
that these wounds might have been occasioned by • job or
thrust with the pointed end of the stick that had been pro-
duced. The head of the deceased was large, and exhibited
the appearance of his having suffered from water on the
brain, and this turned out to be the ease when the head
wee opened.
The Lord Chief Justice—Would this condition of the
brain account for the deceased being of defective
intelligence?
Witness—lt certainly would do so.
Dr. Hewett, in conclusion, said that from the appearances
he observed he was satisfied that considerable violence had
been used to the deceased, and he came to the conclusion
that his death was caused by • shock to the nervous system
and by the large quantity of blood extuvasated into the
cellular membranes. He also expressed his opinion that
from the evidence before the court and • statement made by
the prisoner that the body was stiff when he first saw it in
the morning, that the death took place about twelve o'clock
on the previous night.
Some other medical testimony in confirmation of that of
Dr. Hewett was then given, and this closed the case for the
prosecution.
Serjeant FialLintine then mule a most eloquent and
powerful address to the jury for the prisoner, but the idle-
ness of the hour at which it was delivered precludes doing
more than to state that be endeavoured to show that the
prisoner had no intention to cause any mischief to the de-
ceased, and that the melancholy result was to a considerable
extent to be attributable to accident. _ . _

The Lord Chief Justice summed up, and the jury almost
immediate returned a verdict of Guilty.
His Lordship then addressed the prisoner, and after com-
menting upon the brutal character of the offence of which
he had been convicted, sentenced him to be kept in penal
servitude for four years.

NORFOLK CIRCUIT.—JuiY 21.
(Before the Lord Chief Baron Pollock.)

William Johnson was charged with setting fire to hie
dwelling-house, at March, in the Isle of Ely, with intent
to defraud the Norwich Union Fire-office. There were five
other counts in the indictment, varying the charge.
The prisoner kept the White Horse Inn at March, where
• benefit society held its meetings, and he was entrusted
with the core of the "club-box." On Tuesday, the 10th of
April. about 3 in the afternoon, smoke was seen issuing
from a bedroom window, and from several parts of the
roof. The neighbours assisted and the fire was got under,
when, upon examining the bedroom, in a closet was found
the box. The lid had been broken open with some rough
instrument, and the box itself, as also • large chest in
which it was kept, were burning The cupboard was not
in the leant injured, and there is no doubt the boxes were
set on fire to destroy the evidence of their having been
forced and the money abstracted. The prisoner was in the
house all the afternoon, and declared he knew nothing about
the fire ; but afterwards said he could explain all. Upon
being asked for his tools a chisel was found which accounted
for the marks in the lid of the box, the indentations cor-
responding with the size and shape of the iron.
The learned Judge having summed up,
The jury found the prisoner Guilty. Sentence, six years'
penal servitude.

JULY 21.

The Lord Chief Baron itavl4iniahed the criminal busi-
ness on Saturday, this morning eat at Nisi Prima, and tried
a very uninteresting action of ejectment.
Null Peace Courr.—(Before the Lord Chief Justice Erie.)

TIUMIN AND &THINS N. DENNIS.

This was an action for dilapidation*, sod u mar be sup.
posed possessed no single feature of intertat to the general
public.
On Wednesday the commission is to be opened at
Norwich.

OXFORD CIRCUIT.--STArroaD, JrLY 28.
COMM OClONT.—(ltdore Mr. Justice Hill.)
WILTOL DIOTROCTION OP XACHIIII/Y.
Joaerk Cartwright, 13, Theasiaat Simkins, 46, Charles
Simi in,, 24, all chsiomakers, and Mare Ann Oiil, 40, were
all arraigned on the charge of " feloniously and maliciously
ratting asd deetroying, on t►e 6th of June, at Brierley-
hill, mirk' toachisee and engins, to wit, emend pan of

bellows, then and there fixed in &certain building, and need
in the manufacture of iron chains."

Cartwright pleaded guilty.
Mr. M•Mahon prosecuted; and Mr. Kenealey defended
the other two male prisoners ; the woman was undefended.
The evidence showed that at' the' time 'of ,the alleged
offence, the chainmakers were on strike against their em-
ployers, hut that Messrs. William Stewart, of Liverpool,
who have a manufactory at Brierley-hill, had their works
in operation, in consequence of having non-unionists in
their employ. During the night of the lath of June, the
two Simkins were seen helping Cartwright over the wall,
by which access was had to Messrs. Stewart' works. They
were known, and 60 soon as they had left it was found that
18 out of 20 pairs of bellows had been cut, and the leather
portion entirely destroyed.
In defence Mr. Kenerley urged that bellows were not
" machinery" within the terms of the act.
The Judge overruled the objection, and then
Mr. Kenealey urged that the Simkins being applied to,
helped Cartwright over the wall, but were innocent of his
object.
The j convicted the prisoners.
The Judgey in sentencing the prisoners said they bail been
convicted of an offence which stood at the foundation of the
security of all property—an offence increased, because com-
mitted by the prisoners whilst engaged in a strife which
could not but be injurious to employers and employed ; pre-
venting the former from rightly and profitably employing
their capital, and bringing many families of the latter to
suffering and benary. The male prisoners mud be sen-
tenced to five, and the female prisoner to three yearn' penal
servitude.

Defendant repeated that publishing it to the w.atier was
not his act. He had no alternative.

Mr. Arnold repliefil;atTol;d an alternative, which
wu not to have given it to auy one : the giving it was the
publication. _ .

Mr. Arnold then, addressing Mr. Humphreys, said that
he still entertained a great doubt whether any proceeding
could be sustained against the defendant for the letter he
bad sent to Mr. Horsman. if a bona fide letter of com-
plaint of something which a person wished • member of
parthuneut to take up were sent to him, and it merely
contained the statement of grievance complained of, he
thought it would be • privileged communication ; but if
in that statement be travelled out of the record,
then the privilege ceased. Although in defendant's letter
to Mr. Horsman he complained of some wrongs he
bad received from Sir James Fergusson, he spoke
in much droner language of complaint against Mr.
Paynter and the Secretary of State ; but in the letter to
Mr. Disraeli, written by the defendant for the same apps.
rent purpon as that addressed to Mr. Horsman, he went
out of the question of his alleged wrong, and brought
charges of cowardice against Sir James, which was clearly
an offence. It must be borne in mind that with respect to
communications sent to members of parliament it wind('
always be a question whether it was a bon& fide .mplaint,
as it never could be tolerated that under pretence of making
one it was to be made the means of publishing hire!. He
repeated that he thought a superior court would hold the
letter to Mr. Honman to be • privileged communicition,
and recommended that that charge should not lo proceeded
with, although the letter might be given in evidence with-
out making it the subject of a substantive charge to prove
the animus.

Mr. Humphreys said that after what had fallen from the
magistrate he would not at present press the charge fur the
letter to Horaman, but if after consulting counsel it should
be deemed necessary to proceed with it or use it to show
animus he would give the defendant notice of hie intention.
Mr. Arnold then said he would extend the defendant's
recognisance* till Friday, by which tame the depositions
were to be prepared.

MARKETS.

LONDON WINKLY DOCK R3TURNB.-,DILY 21.