The Sun.
London, England, 1852-08-11 00:00:00

"
7
AU G UST 11, 1852.

ASSIZE INTELLIGENCE-
NORTHERN ClRCUlT.—Lancaster, Aug. 9.
Lord Chi' ' Justice Campbell and Mr. Justice
Wightman arrived here on Saturday, and opened the
commission.

Yesterday their Lordships attended Divine Service
at the parish church.

The
calenthr contains the names of 16 prisoners, 2
of whom are charged with murder, 2 with man-
laughter, 3 with rape, 1 with stabbing, the rest with
minor offences.

The cause list contains an entry of nine causes.
Their Lordships proceeded to court this morning et
ten o'clock, Lord Chief Justice Campbell sitting iu the
Crown Court.

HIS LORDSHIP fined a manufacturer, summoned to
attend the petit jury, and who refused to attend be-
cause he was not summoned to attend the grand jury,
101. for his contempt.

the earlier part of the day
during
gATON AND ANOTHER.
a justi-
fication.
Justicesti .
u ili
I andtTy i—a 1
\nld,Br,
Q.
for libel, which the de-
fendantals to pMarrt.,
The cuaoseusistrsioeNd avu.
weTrahwishowllays uannintaecrteisotning.
tns 1850, was appointed
Not
oCt
WilkinsCOUßT.—(Before
Segar.o appeared for
WIGHTMAN.;.°I.B
fication.
.1 Mr. Cowling,
the plaintiff ; and Mr. Watson
NISI
xi r.
Sie' pleadedirieUs Sergeant
andltMaprp.eMareodnkthfaotr
tthheepdiaeifeantidffa,ni
surveyor for the town of Clitheroe under the
of Towns Act, and also acted of Health
as inspector
nui-
sances for the borough, and collector of rates, atsalary of 150/. To pay his salary a rate of 4d. in the
pound was imposed, to pay which there was a greate
repugnance on the part of many of the ratepayers, l
being contended by them that the Health of Tow ni
Act was impracticable as regarded Clitheroe. The
s
rate was also appealed against, and in consequence
the plaintiff could not obtain his salary. These pro-
ceedings led to parish meetings, at which there were
hot debates, those on one side being called " Minis_
terialists," those on the other " the Opposition." At
one of these meetings it was proposed, as a means of
getting rid of the rah
altogceetforthwher, that the
The de-
plaintiff
" be dismissed from his offiith ."
fendant, Mr. Heaton, a pawnbroker, professed to
give an account or report of this meeting, which
was printed in large placards and hung about
the town, and in this placard the plaintiff's
efficiency as a surveyor was called in questi Water
on,
and terms such as " Water Pipes and "
Ousel" were applied to him, calculated to bring him
into public ridicule and contempt. The libel com-
plained of was also published in a publication called
The Ratepayers Advocate and Protector. This was
published by the other defendant, Whewell, and pro-
fessed.to contain a report of the parish meeting alluded
to, furnished by the defendant Heaton. In that report
among other things, the defendant Heaton said of the
plaintiff, " As to his engineering qualities, he does not
know the difference between a verge and a lever
watch ; and then went on to say that he had failed in
preventing a lane, called Waddington-lane, from
being flooded. There was then a great deal of local
matter throwing discredit upon the plaintiff.
For the defendants it was contended by the Learned
Counsel that the speech published did not amount to
a libel. Clitheroe was described to be divided into
two parties, three-fourths of the town being opposed
to putting in force the Health of Towns Act, and
that, in the heat of party strife occasioned thereby,
the defendants had a right to comment on the con-
duct of the public officer of the Board of Health.
His LORDSHIP having summed up,
The jury found a verdict for the plaintiff—Da-
mages, 403.

HALLSWORTII V. LIVESEY.
This was an action for a breach of promise of mar-
yaenadr sabout four years
age;, ~on a trip to Blackpool, became acquainted with
the &Pendant, who eventually proposed marriage to
wi'at,,hibeerplinaionttbiffer, who was
hr, her mother he was going to set up a
stop in the grocery line, and, if it succeeded, he
would marri her daughter. The plaintiff received
him aftewar% as an accepted suitor, repairing his
lwacaksbu2r2n,
shirts and acting as his intended wife. Suddenly,
it: January last, the defendant ceased his attentions to
the plaintiff, and in March last he married the daughter
of a licensed victualler of some property. The pre-
sent action was in consequence brought.
Mr. OVEREND, for the defendant, contended that
the plaintiff had not suffered any damage in her po-
sition by the change which had taken place in the
defendant's intentions towards her, as the defendant
was only a mechanic, earning 245. a week.
His LORDSHIP having summed up,
The
jury found a verdict for the plaintiff—Da-
mages, 50Z.

CROWN COURT.—(Before Lord Chief Justice

CAMPBELL.)
RAPE AT BURNLEY.—SHOCKING BRUTALIT
John Pollard, aged 40, John Crooke, aged 21, and
James Booth, aged 23, were charged with having, on
the 22d of May last, committed a rape upon the per-
son of Susannah Stewart, at Burnley.
Mr. Thompson and Mr. Page prosecuted; and Mr.
James, Q.C., defended Crooke; Mr. Monk, Pollard ;
and Mr. Legal., Booth.
Susannah Stewart stated that sbe bad been a
widow for the last seven years, her husband having
been a soldier. She was the mother of nine children,
and had lived at Newcastle-on-Tyne till about 18
months ago. On Friday, the 21st May, she went to
Burnley in a state of destitution, and on applying for
relief she was refused. On the following day she went
in search of lodgings, but could find none. She went
afterwards to a beerhouse to look after a Scotchwoman.
man
ts
oe a taeady, tahnedr e
gave dri n kh ienr g a w
glassh o heard
o f
The Scotchwoman was not there, but there was a
ewhater. sHI3
ee
heard her tell the landlady she wanted to see the
Scotch woman, to see if she could procure lodgings
for her, and he observed at the time that he could
find her lodgings. Thinking that he was laughing at
her, she left the house, followed by the man, who re-
peated that if she went with him he would find her
lodgings. She said she was afraid, and he said she
need not be. He took her up a dark and lonesome
lane, and she, said to him, " I hope you are not taking
me astray, I would much sooner turn back." He
re-
"No ; don't be afraid, come on; you'll soon
see the house I'm taking you to." She then went a
little further with him, when he suddenly took her
by the arms and threw her on the ground. As soon
as she was on the ground she was surrounded by a
number of other men; but she could identify none of
them. It was quite dark at the time. She screamed
" Murder," and found that her legs and shoulders
were held by some of the other men. Her clothes
were torn off her. (Witness here described the par-
ticulars of a rape committed upon her by five persons
in succession.)
The witness was cross-examined at considerable
length, but nothing trauspired to shake her testimony.
Richard Mercer, joiner, of Burnley, deposed to
having been going home on the morning of the 23d
May, at about a quarter past twelve o'clock. He saw
a man and woman go through the lime kiln gate, and
four or five men following. After reaching home he
was alarmed by loud screams of " Murder," and went
to the stone yard, from whence they seemed to issue,
where he saw six or seven men on the ground. He
did not see a woman, but he heard a woman's voice
say, " Don't take advantage of a poor Scotchwoman,
the mother of nine children." He procured assist- I
ance, and going to the spot afterwards found Pollard
in custody, and the prosecutrix lying on the bank of
the canal, much exhausted BEd stripped nearly naked.
James Crooke and Thomas Smith deposed to hav-
ing heard the prosecutrix's screams of murder, and on
going to the spot they found a number of men sur-
rounding her. Pollard was laid upon the ground be-
side her, with his arm around her neck, and Crooke
and Booth were present.
Mr. George Smithwaite, surgeon, spoke to having
examined the prosecutrix shortly after the commis-
sion of the felonious assault upon her, and to the in-
juries she had sustained. She was much bruised and
was in a state of great debility.
Moulding Walmsley, a police-constable at Burn-
ley, said he went to the spot on the morning of the
23d of May, in consequence of information received.
He heard the cries of a woman, apparently much ex-
hausted, and looking over a wall he saw six or seven
men, two of them kneeling down near the place
where he afterwards found the prosecutrix.
lie got
over the wall, and shortly afterwards saw the fier
of a man, apparently rising from the ground.
ri-
took the man in custody, and it proved to be the
soner Pollard. Charged him with criminahlleym
What
at the
ing the woman, who was lying beside
time, and he (Pollard) said to the ev.
,ora' ?" As-
the did you want here, you old
She was very
sited in helping the prosecutrix
with he
the exception of a
much exhausted and unable
particle of clothing upon her,
off her back.
portion of her stays bad been tooseou
tion.
This was the case for t P
hechreracter was called, and
Evidence as to Crooke 's
examined to prove that
a number of witnesses were and that she had miscon-
the prosecutrix was drun
Darts of the town.
ducted herself in varioUs • d alone. Every

For Booth witnesses were called to show that be
bad only gone to the spot on hearing the cries of
" Murder" to render assistance.
The jury, after a short consultation, found Pollard
Guilty, and Acquitted the other two prisoners.
His LORDSHIP, in sentencing Pollard to 15 years'
transportation, said that in the annals of crime a more
atrocious case of rape than this had never been proved.
It had been attended by circumstances of brutality
that were quite appalling, and it was marvellous that
any person wearing the human form could concur in
such an abominable outrage.
The case occupied the attention of the Court for
eight hours.

SOUTH WALES ClRCUlT.—Chester, Aug. 10.
CROWN COUNT.—(Before Alr.JusticeCßompTori.)
The Learned Judge took his seat upon the bench
shortly before nine o'clock, and was occupied nearly
the whole of the day in trying cases which were unfit

for publication.
NISI PRIUS COURT.—(Before Mr. Justice
TALYOURD.)
rDitD, CLERK, V. WILBRAHAM.
The plaintiff in this case was the Rev. Frederick
Ford, a minister of the Established Church, and rec-
tor of St. Peter's Church, Chester, and the defendant
was Mr. Randle Wilbraham, jun., the registered pro-
prietor of the Chester Courant, a Conservative news-
paper published in this city. The action was brought
to recover compensation in damages
for an alleged
libel on the plaintiff, which appeared in the defendant's
paper during the late election for the city. The
damages were laid at 5001. The libel consisted of a
letter which appeared in the Courant, and certain
editorial observations on such letter in the same
paper, which the plaintiff alleged were defamatory
and libellous. The letter and articles were comments
upon the public conduct and speeches at election
meetings of Liberals in Chester during the late
election.

Mr. Welsby and Mr. M'lntyre appeared for the
plaintiff; and Mr. Evans and Mr. Grove for the
defendant.

hpeepilleedadtoings,
Mr. M T
having
had been Mr. WELsny stated He said that the
that court to seek reparation come into
libellous publications against hisfor a series of open
which appeared in the coluzil
boh epe
ee
nnc opened
compelled
me.
fpublic conduct,
of the 80th of June last, andnosfo whichthe Chester Courant
defendant, Mr. Wilbraham, wasthenewspaper the
while he said that the plaintiff had been proprietor. But,
c
come into court to vindicate his character from
to
the
attacks which had been made upon it, the vindication
mdoicatin
of his character was his sole object, and he had no
desire whatever to put money into his pocket in the
shape of damages. Oa the contrary, he had from the
first been willing to be satisfied with the payment of
the expenses already incurred, provided the defendant
would have apologised in the newspaper for the libels
complained of ; but this the defendant refused to ac-
cede to. The Learned Counsel having referred to the
plaintiff as a clergyman resident in Chester, and who
was the rector of St. Peter's church, said they were
aware that recently a contested election took place in
Chester, in which two gentlemen of opposite political
opinions, the Honourable Mr. Owen Stanley, on the
Liberal or anti-Ministerial principles, and Mr.
Holme, a highly respectable merchant of Liverpool,
as the representative of the opposite interest. The
Reverend Mr. Ford, the plaintiff, as he had a per-
fect right to do, thought proper to support the Ho-
nourable Mr. Stanley, and in consequence of this the
defendent had thought proper to malign his client
and libel him in the Chester Cauraxt, in the manner
complained of. Now, he admitted that great
latitude ought to be allowed during the excitement
of a general election, but he (Mr. Welsby) insisted
that, even during .tlfe saturnalia attendant upon a
contested election, the attacks which had been made
upon the plaintiff were altogether unjustifiable and
disgraceful to the newspaper in which they appeared,
as against a clergyman who was pursuing his sacred
calling in the very city in which the newspaper was
published. The Learned Counsel proceeded to quote
from the articles complained of, commenting upon
them as he went along. The first attack he noticed
was from a leading article in this newspaper, in which
the plaintiff was spoken of as " a time-serving back-
slider," in the following choice terms :
"The mention of the Rev.F. Ford naturally suggests
a word of sympathy over the fall of that time-serving
backslider. . . . This same Frederick Fcrd, rector
of St. Peter's, Chester, casts in his lot with the abet-
tors of those whom he knows to be the enemies aof
Bible education, and the adversaries of all our religious
institutions; condescends to play second buffoon to
Mr. Temple, for the amusement of his Unitarian al-
lies, by reviling an honest man and a sincere Chris-
tian; and in his unseemly desire to enjoy the plauditsof
a crowd, whose love, forsooth, he strove to win by pro-
mises of plenty of ale, forgot the injunction of the Cate-
chism to keep tho tongue from evil-speaking, lying,
nod slandering,' while preaching from a waggon his no-
table discourse on two faces under one hat !' We have
no affection for blustering political parsons' of any
class; but, when they ' thus demean themselves, there is
no one word in the English language sufficiently strong
to mark our opinion of such surpliced agitators."
The Learned Counsel having quoted from the news-
paper other strictures of a severe character, main-
tained that the articles he had read were intemperate
comments, and such as no man ought to submit to.
Mr. EvANS, Q.C., addressed the jury on behalf of
the defendant, contending that the articles complained
of were nothing more than electioneering squibs. No
injury or damage had been sustained by the plaintiff,
either as regarded his congregation or any other class
of the community. u referred minutely
His LORDSHIP, in summin,
to the different portions of the alleged libels, remark-
ing that some of the observations were certainly very
as " time-serving
strong, especially such remarks Judge)
backslider," which he (the Learned should
think would not be very pleasant for either Mr.
Ford or any member of his family to read. He
considered that many of the remarks were not justi-
fiable, even taking into consideration the excitement
of a contested election. It was not proved that the
plaintiff had made use of any remarks that justified
the articles in the newspaper. It was for the jury to
say whether the articles complained of were calculated
to bring the plaintiff into odium and contempt. If
so, they would find a verdict in his favour, and the
amount of damages would rest with themselves. He
thought it would be difficult for them to say that such
terms as " time. serving backslider," and " buffoon,"
were not calculated to bring him into contempt.
The jury, after a few moments' deliberation, re-
turned a verdict for the plaintiff—Damages, one
farthing.
The award of nominal damages seemed to cause
considerable astonishment in the court, which was
densely crowded during the whole of the trial.
The Learned Judge then proceeded to eta kcrimi-
nal cases.
It is believed that the trials of the Stockport rioters
will come on to-morrow or Thursday.

OXFORD ClRCUlT.—Gloucester, Aug. 9.
Mr. Sergeant Allen assisted to- day in trying priso,
uers iu the grand-jury room.

CROWN COURT—(Before Mr. Justice WILLIAMS.)
Mary Ann Jordan was indicted for stealing from
Mrs. Elizabeth Gurney, at West Dean, on the 16th
July, 1201. in gold, silver, and copper.
Mr. Pigott and Mr. Scotland conducted the prose-
cution ; and Mr. Huddleston and Mr. Powell the
defence.

Mrs. Gurney was a widow, carrying on and business
as a grocer, at Lidbrooke, in the Forest of Dean
t
the prisoner had been a servant in her emplOYint July,
Sero
to the 26th March last, when she left to noth
vice at Gloucester. On Saturday, the that night
the prisoner came back to see her. 9° a coal pro-
the miners in the service of Mr. ilarifelril'house. She
prietor, were paid their wages and on that
used to keep her money in thekitchen. C.A;;l:l°.°' The prisoner
.b.. kite.
evening it was left in 1 t',,a alone at times in the
assisted in the shop, end we'were left in the cash•
kitchen. That evening the:jos
sad half,sovereigns,
box nearly 1001. in sovear
51.
bank-note of the Ross
and 101. or 121. in silver,., some cheques on the Ross
and Archenfield 1313725. in silver, and two penny-
Bank, a purse :tit the gold was a coin of a very
such as Mrs. Gurney
pieces.
unusual
appeisrance
before took the like of,
said she not say whether it was a half-
ithhalf-sovereign. Amongst the silver was
agnudinerourivvo the letters " 5.8." marked on it. The
a shilling
e,y-pieces were one old and the other new. The
P pea father lived about half-a-mile from Mrs.
Pris°°-- and Mrs. Gurney and her niece walked with
GurneY,
her half-way home that night at eleven o'clock, and
passed a large and deep horsepond, by the side of
which the cash-box was found, empty and open, on
the following Monday. The prisoner that night had
only a light handkerchief upon her neck. Before
going home on the Saturday night, the prisoner gave
Mrs. Gurney a half-sovereign in order to get change
for it, but said she would call for the change in the
morning, as it might be an excuse for her asking
her father's leave to come back. She came back in
the morning, and breakfasted with Mrs. Gurney, got
the change, and went to church with her. That
night, about ten o'clock, the prisoner went to the
t house of a man named Sier, at West Dean, with
- whose son she was keeping company, and complaining
that she was tired, she lifted up her pocket, and said