The Express.
London, England, 1868-03-12 00:00:00

ASSIZE INTELLIGENCE.

HOME CIRCIIIT.—MAinsTorrz, Maws 11.
(Before Mr. Justice Bytes.)
Samuel Martin, 29, chimney-sweeper, was charged with
the manslaughter of a boy whose name was unknown, and
in • second count of the indictment be was charged with
the like off enoc in reference to • boy known by the name
of George.
Mr. Hiroo and Mr. Mershon conducted the prosecution.
The prisoner was undefended.
From the opening statement of the learned counsel for
the prosecution it appeared that the deceased had no
parents or friends, but was • poor wanderer, when he
became acquainted with the prisoner, • few months before
his death, and agreed to accompany him and • woman
named Caroline Buckland, with whom he cohabited, and
assist him in his occupation, which was that of • tra-
velling sweep. The evidence left no doubt that the pri-
soner was in the constant habit of beating the boy
In • most brutal manner ; and it appeared that
when the three were at Appledore, in the neighbour.
hood of Ashford, in the month of January last year, the
prisoner wee seen to knock the unhappy boy down and kick
"- se the erotind ; and he also on the same day
appeared to w. •. beaten him most severely with a thick
stick, the deceaae ...ins at the time, aoconling to
the testimony of the entnem?... very weak and ill. The
occurrence that was the subject of inquiry was repro-
anted to have taken place on the same day that this
brutality was exercised towards the wretched lad, namely,
on the 17th of January. It appeared that on this night the
prisoner had obtained permission from • farmer at Apple.
dove to sleep in one of his barns, but before the party pro-
ceeded thither they had lighted a fire in • lane near the
spot to cook ionic food ; and the prisoner and the
women appeared to have gone to the barn, leaving the
boy in the lane, the prisoner telling him that he did not
want him any more, and that he had bettor go " borne."
It was • most inclement night, and nothing more seemed
to have traaspired with respect to the deceased until the
middle of the night, when the prisoner got op, saying that
be would go and see after the boy. He returned shortly after-
wards with the boy in his arms ; end at this time, aooord-
big to the evidence of the woman Dockland, he was alive,
but she did not know what became of him ; all that she
was able to say being that the prisoner told her that if she
said • word of what bad occurred he would serve
her as he had served the boy. The prisoner and
the woman then seemed to have resumed their oc-
cupation. and nothing more was heard of the deceased
until the month of June following, when, in conse-
quence of information that was received by the police, the
prisoner was taken into custody Ly Mr. Dance, the
superintendent of the Kent constabulary, and the
prisoner then made • statement which red to the dis-
covery of the dead body of the deceased in the barn, con-
cealed under some straw, and in a most horrible condition.
The prisoner was originally committed to take his
trial for the crime of wilful murder, but in the result an
Indictment for investigation only was preferred against
bbn. When the prisoner was apprehended he said be
did not know whether the boy was quite dead when he
put him under the straw, but he was quite limp, end
oanin
gr.
The jury returned a verdict of Ouilig, and the prisoner
was sentenced to be kept in penal servitude for twenty
years. He exhibited the greatest effrontery and callow-
ness during the trial, and when the sentence was pro-
nounced exclaimed, " Thank you, my lord ; and I hope
you may it there tall I come back."

MORTHEENCIRCUIT. 111 Alien VITZLE, MARCH 11
"ke • OROWN Conar.—(Befort Mr. Janice Lush.)
FORGERY IN A DANK ROOK FUR I:I4OO.—IMPORTANT TO
FRIENDLY AND TRAWL SOCIRTIZN.
William Dodd, 46, was charged with forgeries to the
amount of 8001.
N Mr. Hopwood prosecuted; and Mr. Ernest JOINS de-
fended.
""The prisoner was appointed In 1862 the treasurer of the
Manchester Operative House Painters' Association, and
remained in that position until December last- At the
meameneernent of hie term of oOlce he bad • pair-book
given him, containing the account of deposits in Messrs.
Heywood and Co.'s bank to the credit of the society ; but
It appears that a year or two afterwards he subsituted
and produced to the society, at their quarterly audits, in
place of it, another book, purporting to contain the de-
posits in the bank. By this book, the receipts in which
were forgeries, the society supposed itself to have a Wanes
at the bank of 8991. 19e., when in reality there was only
991. to their amount. The prisoner was indicted for forging
in a bank pus-book " an accountable receipt for money
with intent to defraud."
The prisoner, on be taken into custody, and hearing
that be was charged with forging in abenk-book on Messrs.
Heywood and Brothers, St. Ann`s-square, and also with
receiving end applying to his own use a large amount of
mosey belonging to the Operative House Painters' Society,
the amount being 7931., replied, " I have had the money,
and I have spent It, and there is no law to resah'me."
George Barlow, the eseraten of the society, said it was
for relieving members after accident, for payments on
death, and was also a trade uniou, having paid money to
other societies in aid of strikes.
Mr. Jones took an objection, founded on the ruling in
the case " Hornby v. Close." He contended that in law the
Operative Hones Painters' Society had no existence. It was
a society clearly examine( powers in restraint of trade,
and being illegal, inch a society could have no funds to
their bankers` hands, and that such being the case there
amid be no forgery
Mr. Justice Lush. said the objection was founded on en
entire misconception of the ruling in the ease of Honiby v.
Close, in the Court of Queen's Bench. In that ease she
question was whether under certain circumstanced the
magistrate' had summary powers under the Friendly
Soca/ties Ad, and the mint decided that as such society
wan not an enrolled society under the Friendly Societies
Act the magistrate had no such powers. The fact of the
society being a trades union would have had no effect In
abutting them out from insides, but it did shut them out
from the benefit of the Friendly Societies Act.
asked tf his lordship would h 0.14 that