The British Press; or, Morning Literary Advertiser.
London, England, 1826-07-12 00:00:00

OXFORD CIRCUIT.

`2!

—.--..'.—WORCESTZII. JULY 10.
The Assizes commenced here this morning. On the Civil bide
twenty-;wo cases have been entered, none of which that bare been
tried yet have any feature of public interest.

CROWN SIDE.
There are forty.two prisoners insbe,Castle for trial, and the only
case of any extraordinary nature is that of Samuel Cooke, a draper,
charged on the oaths of William Hurst Tomson and Edward
Smith, with having, on the 29th day of May last, written and pub-
lished, or caused and procured 'to be written and published, at
Dudley in this county, a certain false, scandalous, and seditious
libel. tinting to inflame the minds and alienate the affections of
his Majesty's subjects towards his Majesty, and to incite them to
tr itoruus insurreetiin against the Government. This is the offence
alleged against the defendant, and explicitly stated by there terms
in the Cal. ruler.
We understand the libel written was a placard which the defers.
dant posted up in his own window ; and as his offence is only a
miAlerneanor, lie can traverse his trial, if he think fit, until the
next Assizes.
The following arc the only cases worthy of notice on the Crown
side.
Henry CAM wits indicted for feloniously breaking out of the
house of Itiebard Bury, a tailor, in the parish of Astley, in this
county, during the night of the 19th of October last, after having
feloniously stolen a blue coat, value 41, a pair of woollen cord
breeches, and other articles, the property of Richard Bury.
It appeared in evidence that the prisoner lived in the prosecu-
tor's house, and on the morning of the 20th of October, he opened
the street door, and decamped with the articles mentioned in the
indictment.
William Bevan, a " besim maker," as he is described in the
Cidendu, residing at Stodderden' in the county of Salop, bought
the stolen breeches the same day for a shilling, and also the coat,
which was a new blue one, fur one pound and a sixpence ; the pri-
soner, who sold them to him, saying that he was broken down by
travelling, and that he wanted money to get the means of keeping
life and soul together.
The prisoner being called on to say whether he had any gun-
dons to put to this witness, replied that he had none, for he had
never seen lievan in all his life before.
Mr. Justice Ito naotiott then called up Bevan again, and he
swore most positively as to the person of the prisoner, adding,
that if he was nut satisfied, he (the witness) could produce another
person to whom the prisoner had offered the same breeches on the
same day for sale.
The prisoner did not seem much satisfied at this answer, but he
appeared to feel that it was quite unsatisfactory to put questions to
this witness.
Another witness was then called, and stated that on the same
day the last witness endued to, the prisoner called upon him and of-
fered the breeches produced for sale to him.
Mr. Justice Bunnouott, in charging the Jury, told them that
the crime of burglary consisted as much in breaking out of a
dwelling-house during tho night time, after the commission of
felony by stealing something an that dwelling-house, as in the
breaking into it; but the Jury must be convinced the forcible going
out was committed while it was dark, otherwise the offence charged
against the prisoner would not amount to burglary.
The Jury acquitted the prisoner of the burglary, but found him
guilty of stealing to the amount of 40s. in a dwelling-house.
Mr. llEtt.amv then asked the prisoner what he had to say why
he should not receive judgment to die according to law ?
The prisoner replied, that he hoped his Lordship would spare
his life upon die present occasion.
Mr. Justice litinnotion—Well, I will not hang you upon the
present occasion; but you may rely that you will be properly
punished upon the present occasion.
Afterwards the prisoner's sentence, which wit by law death, was
commuted to transportation for life.
MANSLAUGHTER.
Samuel Clarke was indicted for wilfully and maliciously killing
and slaying John Ockler, at the parish of Shlawley, in this county,
on the 24th of April laat.l
Mr. Itiraw conducted the prosecution ; and called the following
witnesses:—
John Jones—l was sitting in a room at the public bans, at
Shrawlay, on the night of the 24th of April. The deammalaal
the prisoner were in the next room; and I heard a noise, as If of
quarrelling. I heard the prisoner say he would not fightOckler.
Ockler said he would make him fight. The prisoner said be would
not tight the deceased, because he was a cripple. It was a die.
turbance about some liquor; and then Oehler struck him first.
Ockler, upon striking him, was struck by the prisoner in return.

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They were then put outside the door by the landlord, Mr. Smith t
and when they got outside, Ockler struck him again.
Mr. JusTicE Buteounn—Well, was there any regular
battle ?
Witness—No, my Lord. They had a round or two after, Clarke
struck Ockler first. Clarke fell across the work-bench 03 the top
of him. Near a quarter df an hour after that, they went, by agree.
ment, to a greeu plot by the aide of the river, and they had another
round theft. After that they had a round. Oekler, the deceased,
wits coming up to the house, end then Clarke, the prisoner, asked
him for the drink that he owed him. Ockler, the deceased, then
turned back, and pulling off his hat, said, " D—n you, I will
Day you. They then had a set-to, to fight again. Ockler snuck
first. There was not more than two or three rounds, when Ockler
received a blow over the left eye, which knocked him down, and I
never heard him speak afterdards. I raised hint up and put him
against the pales, for I thoughfhe was in liquor, and I had not the
less' idea of his death at the time.
Mr. If cad, a surgeon, was next called, and deposed as follows
opened the deceased on the 24th of June. He had a very severe
bruise over the left eye, which had been inflicted by a blow that
bad bloodshot the eve. On opening the skull I found a great qusn.
thy of extravasated blood upon the brain, immediately under the
bruise over the left eye, which I had no doubt caused death.
Mr. Justice Btraaouon immediately charged the Jury, that
these circumstances 'hewed the offence in qeeetion was only man.
slaughter, if it was anything: but hie Lordship was inclined to
think that it • as merely justifiable homicide.
The Jury, under these circumstances, Mend the prisoner Not
Guilty, and he was immediately discharged.