The Sun.
London, England, 1852-08-18 00:00:00

ASSIZE INTELLIGENCE.

NORTHERN ClRCUlT.—Lirerpool, Rug. 17.
NISI PRIUS COURT.—(Before Mr. Justicer7"
WIGHTMAN.)
MELLOR V. LEATHER AND CLOUGH. •
This action came on yesterday afternoon, and was
not finished until nine o'clock last night.
Mr. Sergeant Wilkins and Mr. Birnie appeared for
the plaintiff; Mr. Hugh Hill, Q.C., for the defendant
Leather, and Mr. James, Q.C., and Mr. Milward, for
the defendant Clough.
in This
hiswasan action brought by a merchant residing
Liverpool, who in 1849 bought a cream-coloured
pony in Brazil, and in the spring of 1850 brought it
from Pernambuco to Liverpool. The effect of the
voyage greatly deteriorated the pony, and it wee
landed in bad condition. A livery stable-keepe r
named Balmer, residing at West Derby, was sent for,
and he recommended that Mr. Middlehurst, the vete-
rinary surgeon, should be called in. The pony, un-
der his attention, recovered, and, being a very beau-
tiful pony, excited general admiration. The pony,
however, soon after became again unwell, and was
again placed under the care of Mr. Middlehurst and
Bulmer. Bulmer proposed that it should be sent to
ales belonging to a brother-in-law
Marker, and to this arrange-
amofesnthrtaisat:hyeanrclamineaW
plaintiff agreed. The pony was ac-
cordingly sent there. Some time afterwards
Bulmer went to the plaintiff with a very doleful
countenance,hewould take h
and told himini to
that
ththeetapnoynyard and send
was dead,
and that
him one of his feetlo keep in remembrance of him. In
so doing Bulmer had acted bona fide to the best of his
information. A short time after this Bulmer met the
defendant Leather, who is a surgeon, and from him
he ascertained that the pony was not dead, as he
(Leather) had bought him of a person named Came-
ron, who went by the name of Scotch Sam. The
plaintiff then saw Leather, who admitted that he had
his pony, but refused to give it up unless 30 guineas
were given to him for it. The plaintiff refused to do
this, but offered to give Leather 101. to cover the ex-
penses he had been at in medicine to cure the animal.
This the defendant refused, and the plaintiff was ad-
vised to get possession of the pony as he could. By
the plaintiff's directions Bulmer, accompanied by a
man named Harrison, a bailiff, got possession of the
pony and took it to some livery stables out of the
borough. The defendant Clough, a detective officer,
was employed by the defendant Leather to find his
pony, and take into custody those who had taken it
away, on a charge of felony. This charge was beard
before Mr. Mansfield, the police magistrate, and dis-
missed, and the pony ordered to be delivered up to
Leather on his entering into a replevin bond.
For the defendant Clough, Mr. JAMES submitted
that there was no case against his client, as he was
merely acting in the ordinary discharge of his duty
in doing what he had done, within the jurisdiction of
the Municipal Corporation Act.
For the defendant Leather, Mr. HILL contended
that his client had mode a bona fide purchase of the
pony, not knowing it had been obtained by fraudulent
means. On Harker receiving the pony it got worse,
oarndd, ereudndtoerhethde adviceestroyed.of
TAhler.po.Nnlyiddwle_hasa,rsth,nt Wvears,
sold to Peter Cameron for 205., and from him the de-
fendant Leather bought it for 305., intending to make
some experiments upon it, and, if he did not succeed,
to preserve the skeleton for anatomical purposes. He
gave the pony quinine, and under his treatment it re-
covered; and, as be had made a bona fide purchase of
linet o l
ntfofthitis statement,
thewaintinmesa:e,shwe,emreadeaellneo on
d cinscuepapor
and

authority
pvoeny auth.
If he yto
had
Mr. Sergeant WILKINS replied on the whole
His LORDSHIP, in summing up, left it to the jurycasel
tosay
Harker w
dtheßr
uthline
eprlatinotisffelhi atdhegin
there was an end to the case ; if not, and Harker
ahne
had disposed of it in fraud, the plaintiff was en-
titled to their verdict. The jury would also say
what damages they would give if they found for the
plaintiff.
The jury found a verdict for the plaintiff--
Damages, 201.
His LORDSHIP said on the pleadings the plaintiff
could only recover 31., but he would give the plain-
tiff leave to move to increase the damages to 201.
To-day the Court has been occupied until the
afternoon with the trial of an insurance case, to which
there was a plea of fraud, the question raised being
whether the vessel was seaworthy or not when in-
sured? The case was very uninteresting. A num-
ber of cases in the second list have been arranged and
disposed of.
CROWN COURT.—(Before Lord Chief Justice
CAMPBELL.)
Robert Bradbury, aged 31, was indicted for a rape
upon Anne Spirey.
Mr. Overend prosecuted, and Mr. Monk defended
the prisoner.

The prosecutrix had been sworn, and was proceed-
ing to give her evidence when she fainted away, and
a medical man was sent for to attend her. After the
Court had waited a quarter of an hour, the surgeon
si,id that the prosecutrix was wandering in her mind,
and incapable of giving evidence, and that he could
not say when she would be sufficiently recovered.
Mr. OVEREND, on behalf of the prosecution, then
proposed, under a recent statute, to put in evidence
the deposition of the witness taken before the magis-
trate, the witness being unable to attend and give
evidence. . . .

His LORDSHIP thought the depositions not receiv-
able as evidence under the circumstances, the words
of the statute, the 11th and 12th of Victoria, c. 42,
section 17, being, " that if upon the trial it shall be
proved that any person whose depositions shall have
been taken is so ill as to be able to travel" and give
evidence, his depositions may be read. Here the
witness had been able to attend the trial, but could
not give evidence. The best plan would therefore
that the r on
be to take a verdict of acquittal ; and under all the
reading
ends
o; theju s
tdi de-
positions, circumstancessi
tion she did n
o f the case, h
ti
n an
k
would be frustrated thereby.

George France, aged 27, was indicted for having
committed a burglary at West Derby, at the house of
John Owen, on the Ist of June.
Mr. Blair prosecuted, and Mr. T. Atkinson de-
fended the prisoner.
It appeared that the prosecutor, who lives at West
Derby, his family conistiug of his wife, two maid-
servants, and four men-servants, had on the night of
the fat of June last his mother-in-law and sister-in-
law staying with him. About one o'clock in the
morning the prosecutor heard some footsteps in the
lobby of his house, into which his bedroom opened.
He called to his men, but receiving no answer he and
his wife got up %MCI went to the bedroom door end
bolted it. A voice in the lobby then cried our, " It=
your eyes, burst it open," and the door was immedi-
ately ately burst open, and the prosecutor received a violent_n
blow with an iron weapon, Six or seven men
masked and disguised then entered the 71,1',
spare
the prosecutor cried out, ' Oh I my Tbe had
my life, don't kill me." lie then told them
went to his
let us have it." The prosecutor then
the stairs, and
a nice sum of money, and one of them said
sitting-room, and saw five mcoeon.
k from his desk in
one at the bedroom door.
In-Ide ' gold, which he had
his room 76/. in notes sad
ay
d before, which he
" Then
gave to the men. Theyjj god ordered him not to look
received in Manchtster
with his face to the ttbben placed him on a sofa
d be told them that there were
money than this ?",:ft
in the desk, which they took
avvineBin, then said, " You have more
at them. One of
a few sovereig:
wan was watching the door, and a
and go to bed. .
into his bedroom, and ordered him.
f 'lowed him
the bed, pointing a pistol at his
man 0
chair near
0 Anosrdered him to go to his bedroom
in the house en hour,
rre, burglars remained
d• The old watch, two silver watche3,
bea • •
,th them g
taking Vf- id te, besides the money. While this Was
Otollts.it
iTrillt: y the
and s"%ir taw° men went into the room where the
g°ingiBl3°O urers slept, and ordered them to lie still,
lam' -
ing at them something which they took for a
point
blunderbuss. All the men were masked, and none of
the witnesses could swear to the prisoner, although
they said his size and height and general appearance
corresponded with one of the burglar'. After the
burglars had been gone some time an alarm was
given, and the neighbours got up and joined in the
pursuit of the burglars. At Walton they met a
policeman, who had seen six men get over a stile
into the high road. He attempted to seize two of
them, and the other four ran down Bootle-lane.
One of these four men he swore was the
prisoner at the bar. One of the two men he
had seized fired a pistol at him, the smoke of which
blinded hlm, and they both escaped down Bootle-lane.
A police officer named Capstick met six men in the
direction these men had run, and asked them where
they were going? They said to Liverpool, and had
been watching the brick-fields and that they had
heard there had been a row in
the country. Capstick
said he thought they had done it themselves, upon
he swore to he the prisoner, knocked him down
which they attacked him ; and one of the m
a life preserver. They then all ran_
a•n m
away. Capstick
immediately went towards Liverpool,
of which th©
I and identified
d gave fbr-
n with
illation to the police, in c
prisoner was afterwards apprehended
by one Howard and Capstick
the Learned Counsel
on as one of the six men.
For the prisoner's defence,
er,s
consequence
identity was not satis-
factorily made out, and
prisoner's
called two witnesses to
prove an alibi.
replied,
1 Mr. BLAIR having
summed up, and the jury found the
His LORDSUIP
prisoner Guilty.r
him, telling
sentence of death to be re-
telling him he would be trans-
portedf and advised that the witnesses for the
for
shouldl be indicted for perjury.
prisoner ~.._
C has been sitting trying prisoners
in
Mr. Bliss, (_;, ~
re-
corded La;auli.Dnessti:lhi
in the Sheriffs Court during the day.