The Express.
London, England, 1859-12-10 00:00:00

ASSIZE INTELLIGENCE.

HOME CIRCUIT.—MAIDsTora, DEC. 9.
(Before Mr. Justice
Nokia Mayors, 23, • tall athletic young man, was in-
dicted for the manslaughter of Edward Mitigate.
Mr. Hemel' conducted the prosecution. The prisoner was
defended by Mr. Addison.
It appeared from the evidence for the prosecution that the
pioneer end the deceased buds belonged to the town of
Maidstone, and the dammed was noted for his pegilietic pro-
position, and be was constantly quarrelling and fightuig.
On the evening of the 18th of November they went both at
e public-hones called the Jolly Wares be Berl-street,
Maidstone, with other persona, and one el tfti company pro-
duced a dire box and dice, and the primmer end the decreed
played with them for a stake of two shillings that was lying
on the table. The primmer claimed to have wan the
but the deceased snatched it up and pet It lora;
pocket, and upon his refusing to give lisp the primer
struck him. A fight then took pleas is the home and
the deceased wea knocked down and the prisoner then
want away. Mitigate, the donned, got up in a
great gammon and exclaimed, "I will go after the
—, and give it him," end followed the prisoner into an
adjoining street, called Padding-lase, where the fight wee
renewed, and the deceased was imoolW down three or four
times, and amending to the evidence of some of the wit-
nesses, while he wee on the ground the poisoner kicked him
Is a most violent mantler upon the billy and heed. The
Marco r to the kicking was, however, somewhat weirs-
dkßawy, socording to one or two of the witnesses who
wan e:arleed the prisoner did not kick the deceased vlo-
lestiy, bat nerdy touched him gently with hie foot in order
en make Idea gas it and renew the fight. The last time the
deceesed was keooked down he fell Into • coal shed, and a
ma who woo at work there closed the door, and said he had
had enough, and told the prisoner to go away, and he did so.
The deemed shortly afterward. complained of a smarting
pain in his belly, and it was with difficulty that he got to his
own home, when a doctor wee sent fur, and he was then
removed to the infirmary, when be lingered in great agony
for two t Woodsy' and then died. pan • pow mortete exam-
nation it was discovered that the bladder of the demised I
was extensively ruptured, and this wee the cause of death,
and the medical gentlemen who were examined elated that
the injwy might have been occaeioned either by a kick or a
fall while the bladder was in a stele of distension. There
did sot appear to be any external indications upon the de-
mists person to conclude that he had been kicked with any
Alamos is the region of the injury.
Mr. Addison addreeeed the jury on behalf of the prboner
at some length, and lie contended that he had to a very con-
siderable extent acted in vett-defence asthe second light had
been forced op him by the demeneek who bad followed him
or of the pahlie-hoses and renewed the cosiest. He also
urged that the injury might have bees cooselosed inciden-
tally when the deemed fall, and that se to the kicking it had
teen very much exaggerated, and there was so evidence to
show that the death was occasioned by an Injury of that
elearader. _ _ _

The leVeed Judge in summing up said that the learned
counsel lid' the prisoner WAS not padded, where parties
deliberately fought rounds together, in concluding that
death might be caused in calf-defence, for, in such a owe,
where death ensued, it was undoubtedly manslaughter.
When It appeased, however, that two men fought fairly with
their date, aid death earned, a slight punishment was always
indicted, bat • good deal depended upon whether any unfair
advantage was taken. la *hie care, then fore, in the event of
their finding the prisoner guilty he should be glad if they
would inform Men whether they thought the kicking had
any thing to do with isusleg the death of the deceasel.
The jury, after a abort deliberation, found the prisoner
Godly, but said it was their opinion that the death was not
ea:mond by the kicking.
Mr, Jambes Williams said that in oonsequence of this ex-
=it opinion by the jury, he should pass a much
Wanes than he otherwise would here done. The
Erbed undoubtedly committed an IL &nos against the
b:. and er all the circumstances he thought the juatice
of the case would be satisfied by his ordering him to be ha-
palmed in Maidstone gaol for one mouth without hard
Moor.

MIDLAND cmcurr.—NonnAmrror4, Dec. 9.
The mintnisalon was opened here yesterday by Mr. Justice
Crompton. The calendar mutants the names of 21 prisoners.
Thu morning Mr. Jeatice Crompton proceeded with the trW
et prisoners.

Mt'EDER OP TWO CHILDREN.

Martha efarein7l.744,wieOf 7C.:Zimaier was indicted
ler the %did murder of her infant sin and daughter, at
Fluidram, on the 17th of Almost last.
Mr. bletuaaell prosecuted. Mr. O'Brien defended the
prisoner.
The primmer pleaded net guilty.
The pnsoner was the wife of • shoemaker at Finedon, and
up to • short time before Ibis occurrence she was an affec-
tionate mother and a careful wife. But about July last •
great c.beage was noticed both in her manners and appear-
ance, she being at times low and drjecud, and at others she
would be lengeing. Oa the 17th Auetut lest the prisoner,
befog 1011111iSf from her home, her brother, Joseph Walling-
We, and another maa went to look for her. They found her
standing war wane rails. about 160 yards from • pond, la
the grounds of Mack worth Dulben, hsq. She refused to go
home, sad Wallington eked her where her children were.
She said, "Down lower," pointing towards the pond.
fthe seemed doll and strange. Shortly afterwards bee
father-in-law, Npltraist Lewis, arrived, and on Ms
her where her baby wee, she laid, " They
atsmfroth la the water. I threw them in." The
children—sae • boy of 2i old, sad the other a girl of
4 months old—ware fro the pond quite dead, and on
further question's", the 'cleanser said she pot them in there
about 3 o'clock, so that mere than three hours elapsed before
they were gonad.
For the defence it wee shown that for • mouth prior to
the 17th of August many people in the village had observed
the change in the prisoner, who frequently complained of
pains in the bead. She was especially straw, on the pre-
ceding day and the Saturday bet gr. After remaining in the
county gaol for some days, the prisoner was removed to the
Northampton Lunatic Asylum, the medical superintendent
of which tetablirhment and the surgeon of the mud both
were of opinion that at the time she conuultted this act she
was of unsound mind.
. .

--•
id; juzi Arti witted des prisoner mlllO ground oft..bseen
She was ordered to be detained daring y
ISM

OXFORD CIRCUIT.—STAFFORD, DEC. 9.
(Bofors Mr. Judith' Wines.)
TRILL FOR WILFCL MURDER.

Thaw Wilber (17)L wee arthigned for the
wilful murder of John Reynolds, on the 9th of last October,
at Bedgley.
Mr. liMabon assisted by Mr. Hill conducted the promo-
curios ; end Mr. Montage &leaded the prisoner.
The leading cirmuseisame relating to the treneactits woe
that on the night of the Bth of ()MAW the prisoner est the
demised with arena others had been drinking in • beer-
honer at Berigley, kept by a man named Roger.. Whoa the
horse wee cleared at midnight, the party, not Whiled with
the drink that they bed had, clubbed together, end contributed
pi/place each to buy more. They were, 'weever, unable to
get any. Prisoner did not contribute, not having say
money, and bong unable to borrow. A fellow-workman
of hie, however, named Beck, was one of the the who con-
tributed. k and Wakes were under the influence
of drink. All the money was returned to the men
who had contributed it, except to Beck, who applied
kV Ids sixpence in vain. The deceased and • man named
Con had gone for the ale, and Co: had to redistribute the
'IMAM MUM Min contributed. After Con had gone home
the primer ems to the doomed, mad bidding out hie head

is If with something in it, said, "If yyooua will give Kos •
shilling I will give you sixpence" (meaning, It was supposed,
the sixpence that Beck bad contributed). Donned agreed
to the neneaction, and after putting his hand In his pocket
se though to take out some money, held it out towards the
prisoner, and put something In hie hand. This proved to be
• piece of gun wadding. The risottos said be was not going
to be made a fool of In that way, and demanded hie
money several time*. Deceased said ha had got
none, and should not. Prisoner then went • few
yard; down the road, and returning *gain demanded
I,l* sixpence. To this re-demend, twice made, deceased re-
turned a disgusting answer upon which the poisoner
edvanced towards him, lifted his hand high up, and brought
it down clenched upon the left side of the breast of the de-
ceased. With that blow he "bawd a wound upon the de-
ceased which produced his deeth almost instantly—in feet,
he stabbed hint to the heart. No knife was seen In his hand,
but in • place wilts* the prisoner said It was in his mother's
house one was found that had blood upon It. It was a pocket-
knife. Yet the prisoner denied that be stabbed the deceased,
and maintained that ha threw at him a furnace cinder.
The evidence bore out these Lima, and the constable who ar-
rested the pawner said that when he was taking him int*
monody, ha said, " It mewed him right, and if I had had an
au la my band, I would have cut the head off." De-
ceased fell almost Immediately that he was struck. He was
at once picket up and spoken to, but only gasped twice and
expired.
The defence was either that the prisoner had a knife In
his hand eating his supper, end used it against the deceased
under groat provocation; or else that the deceased tell upon
some sharp instrument that had been left upon the spot by
nom workmen—the evidence having shown that gee pipes

were spoo the road. - _ _
The jury found the primer 01114 of manslaughter, and
Bs was senteaced to tee yaws' papal servitude.

NORTHERN CIRCUIT.—YoaK, Ditc. 8.
(Bike' Mr. Justice Wightmsa.)

Tfillists Frederick Hardy, 24, was indicted for having, at
Leeds, on the 3rd of October, swim a post latter containing a
U. Beak of England cote and half a sovereign. away;
MIMMOID deferred.

Beery Ron, 27, and John May, 29, were indicted for
having, at Hepworth, on the llth of March, broken into the
dwelling-hones of George Storey, and stolen two bottles of
spirits and other ertiales. The promuntor is an old man,
end he keeps a public-house between Whitley end Gains!
borough, in a lonely part of the North Riding of Yorkshire.
Owing to his infirmities his two daughters, Ann and
Ilizsbeth, sleep in the same room with him. Billion Henry
also resides in the home, whieh was broken into by three
men about one o'clock in the morning. Ann Storey was
awoke by a light in the room, and ber conduct we most
courageous. She took a gun to her father to defend himself,
but he could not Übe it, as it appeared he had then been
struck and rendered insensible. Mies Storey, however, used
the inn herself, and struck out with ft among the
men, one of whom struck her on the head with some in-
strument, end cut her in eleven places. She was obliged to
give up her purse, contenting Sc. or 95., and May ransacked
the drawers. Whilst this was going on, Henry Storey, hear-
ing a none, entered the room and was struck down and
severely wounded upon the head. Elizabeth Storey, who was
threatened with an axe, managed to scrape from the house
to give an alarm to their merest neighbour 200 or 300 yards
ofi, but assietance did not arrive before the men left the
=. When they were gone, the prosecutor wee found
the peasant, downstairs, bleeding profusely from the
wounds he had received. Medical samatanee had to be ob-
tained for him. his son, and his daughter Ann. The latter
positively identified the prisoners, who were not apprehended
lentil four or five months after the transaction.

The mry, after a brief oonaultation, found the priaonere
Mr. Justice Wightman said this burglary was accom-
panied with eircuroatances of greater violence and cruelty to-
wards the inmates of the house than usually appear. before a
soon of justice, and although des extreme washy of the law
would not be carried into effort, Judgment of death would be
recorded against the prisoners. They might be hovel:ipso&
servitude for life, but certainly for not We than twisty or
twenty-five years.

ATTEMPT TO UNMET A LEEWAY SLIM.

Joseph W'ailisaorth, 16, was indicted for having on the
27th of July, at Riling, mar Halifax, Owed stones on the
Lancashire and Yorkshire Railway, with intent to destroy
the engine sad cards/se.
The jtuy Acquitted the prisoner.

Dso. 9.

°OMAGH UPON ♦ MIAMI NUS HALIFAX.
iesepleitrigge, 27, William Skew, 23, George Chappell, 21,
&mod lareuhaw, 23, Marks Cookson, 20, and Jolts Mare-
den, 23, wawa charged wits a isloniuna assault upon Sarah
An, burrow, at lishlez, a the etttttlt.

Mr. Fostrised the Hie. F. S. Wortley were for the pro-
secution; Mr. Mauls delbeded Marsden; Mr. Price ap-
peared for all the other mkenus.
Mr. Foster said the Weep against the six primers was ,
attended with unexampled violence and cruelty. The young
woman upon whom the offence wag committed wee respect-
ably connected, wain years of age, and at the timed the co-
corrence in question was residing with her widest Halifax, as
his housekeeper. The prosecutrix had scow* Martha Aan
Burrow, who also reeldsd at Halifax, end a yens's.. named
Allan Tweedele was courting her, end he invited bee ties
trix on the 6th of November to Mk his situ at
Virome on the following day. Thaw being no train entire
Sunday afternoon from Halifax to Brighouse, ft wee arreuged
that they should walk, and Tweedale *greed to meet theta on
the road. The prosecutrix and Macthe Ann Burrow left
Halifax between four sad five o'clock in the afternoon of
Sunday, the 6th nit., and promded forward in the direction
et Brighouse, bat TwesdaU did not join them on the road as
they expected. They went to the house where the sister of
Tweedale resided, and, as the young woman was not then at
home, they proceeded direct to the railway station at Brig-
ham, intending to return to Halifax by the train which left
Brighouse at aver o'clia k at night. The proseentrix and
her cousin entered the waiting room, when Allen Tweeds&
joined them, sad he persuaded them not to travel by the
train, but to accompany him to the station hotel,
aid there partake of some refreshment. They re-
method conversing with Tyndale till about nine o'clock,
and then want to the Matter, but found that the train
was goes, and that it would be memory to walk home to
Halite:. The weather was then unfavourable, and they
returned to the hotel for a short time. A young man named
Joseph Wood who resided In that neighbourhood, entered
the room and joined the party. It wen proposed that they
should Mart for Halifax, and on quitting the hotel Tweedsla
walked with Martha Ann Burrow, and Wood accompanied
the proeseutrix. Almost Immediately adjoining the station
at Brighouse there ism archway over which the railway
passer, and under this archway they had to pm. Near to
this place there were standing a party of eight or nine mem,
whom they passed, and after they had proceeded a
short way Martha Ann Burrow dimemred that
she had left her veil at the hotel, and she re-
turned for it. In passing through the archway
eke had again to walk mat the men, amongst the party being
the primers at the bar. Briggs struck Mr lightly on the
back, when she timed round to him and told him that be
was an Illebehmed perm, sod then walked on, overtaking
the promentrix, and Wood end Tersedale • having arrived at
the outskirts of Brighouse, they proceeded along • footpath
screw some Aside, and this footpath is continued for • distance
of some three hundred yards between two high wale; at this
place two men came up, one of whom well Selma, and he
seized Allen Tweedale: by the collar, upon which Tweed
s&
towed round and pushed him et This other maa in com-
pany with Briggs was the prisoner Shaw. In a few mo-
ments after ibis occurrence the prosecutrix was seised round
the waist by Chappell, and other two of the prisoners also
got hold of her, used her moat roughly, end took im-
proper liberties with her. With • determined tem the
prosecutrix succeeded in releasing herself from the gram
of Chappell and his two brutal companions. She pro-
erected along this narrow enclosed footpath between the
walls, when she beard her coneic screaming violently. Three
of the party had also seized Martha Ann Barrow, but she
herself ran along the footpath to • farmhouse two hundred
yards off, when • person named Pitchforth resided, in order
to obtain assistance, and she wee followed by Tweedide. The
prosecutrix wee eurronsded by the prisoners, who dragged
her akin the field, and whilst she was held down by tour of
them Beigga and Shaw obtained possession of her parson.
The pen: girl struggled and resisted as far es she conk), until
she was out of breath, and at length she became insensible.
After the outrage had been committed, the prose-
mull was misted to the home of • Mr. Suite,
whose Wes behaved mint kindly to her. Her bonnet
was destroyed, her dress wee torn and muddy and
drenched with wet, and she was crying and in so distressed
a state as to be almost unable to make herself understood
relative to the wrong which she had suffered. Mrs. Stott
provided the prosecutrix with • bed for the night, and she
resnaisisd under Mrs. awn"' roof until the following morn-
ing. The identity of the whole of the getaways wee spoken
to by the witnesses, the prosecutrix, the young men
Tweedale and Wood, and Martha Ann Barrow, swearing to
them as being the men engaged in the outrage.
The prosecntrix, a good looking and well-dreamt young
woman, was than examined. She was in great dimes*,
end gave her evidence with some difficulty. Her testimony
was clear and satisfactory, and was not shaken in crow
examination.
Martha Ann Burrow, in her evidence, gave a detailed
account of all she eaw on the night in question, and she
corroborated her cousin In several Important particular..
Tweedale, in his cross-examination, wee asked why he did
not interfere and endeavour to prevent the outrage being
perpetrated, and, in reply, he said he was afraid of being
attacked by the prisoners.
Weed, in erawmarnis
liquor at the time.
AU the prisoners were found Gasify.
Briggs was sentenced to twenty-five years', the other
prisoners seek to twenty years' penal servitude.
NOVEIII.3I BERLAND, DEC. 8.
(Before Mr. Baron Martin.)
-- - -

admitted that he way la

771ortuu Nide was iudict,d for having, os the Mb Octo-
ber, wilfully murdered kis wife, Rebecca Mills, st Amish.
The Hoe. A. Liddell said Mr. Headline were for the prose-
Garton; Mr. Davison and Mr. Breen for the defence.
The prisoner and the deceased had been drinking a good
deal at a putilio-hotwe b tbs village, sad otter lesvisi they
were seen on the road by different winners daring the Maki.
The penceer struck sad Wind bin wide very noel, and
anent Mx easels to she maculae, they wars band on taw load

by a farmer. Toe wife wee dead, and the body was con- :
rayed in a oast to the I:abbe-house et Acomb. The prisoner
went in the cart along with the body of his wife, and
taken Into custody on ► charge of murdering her. He ex-
pressed regret at what nerd happened,acd spoke of the de-
emed aa "his dear wife." _

Tb jury returned a verdict of " Manslaughter," sad
Baron Martin sentenoed the prisoner to 18 months' imprison-
ment with hard labour.