The Sun.
London, England, 1852-07-26 00:00:00

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W
ri I
w:E EE SBs_v TTI
Sir
rt aiHEI (4:IIaR(E •
(1).
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i 2
..
nj
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••• •••
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- ASSIZE INTELLIGENCE.
HOME CIRCUIT.L—Lewes July 23.
CROWN SlDE.—(Before Lord Chief Justice JEavis.)
At the conclusion of the trial of Charles Staden and
John James, who were convicted of cheating at cards,
Henry Nottage, 33, cook and confectioner, was placed
at the bar to take his trial upon a charge of wilful and
corrupt perjury.
This charge arose out of the case above alluded to.
It will be remembered that while the proceedings were
going on before the Brighton magistrates some of the
parties had a difficulty in procuring bail, and the de-
fendant upon one occasion came forward and offered
himself as surety for one of the defendants, and upon
being questioned as to his circumstances be swore that
he was worth 500/, after the payment of all his debts,
and also that he had a certain sum of money standing in
his name in the funds, and upon these statements assign-
ments of perjury were made.
Mr. JOHNSON, who appeared for the prosecution, how-
ever, now said, that upon looking over the case and the
the evidence he was furnished with to support the charge,
he was of opinion that it was not sufficient to sustain an
indictment for wilful perjury.
The CHIEF JUSTICE consequently directed the jury
to find a verdict of Not Guilty, and the defendant was
ordered to be discharged from custody.
.Trir.v 24.

CROWN SlDE.—(Before Lord Chief Justice JEaves-)
Isaac Wheetley, 22, a good-looking young country-
man, was indicted for a felonious assault upon Sarah
Boniface.
Mr. Cobbett prosecuted; Mr. Johnson was counsel
for the prisoner.
The circumstances connected with this case were of
rather a peculiar nature. The ttrosecutrix, who de-
scribed herself as a widow and 52 years old, but who,
from the loss of her teeth and her very decrepid general
appearance, might very well have passed for being at
least 20 years older, it appeared, resided at the village
of Slaugham, in this county, and about eight o'clock
on
the evening of Sunday, the 18th of April, she was on
her way home, when she came up with the prisuner, who
was very much intoxicated. He and his mother resided
in the same village with her, and the prisoner, as she was
passing him, accosted her, and said, "Is that you, Bonny ?'
She, in reply, said that he was a bad boy, and he then
told her he was going home, and said that they would
walk together. They walked along for a short distance,
when the prisoner put his arm round her neck. She asked
him to remove his arm, but he would not, and they walked
along for some distance in that position, and as they were
Passing the national school, Mr. Martin, the master,
opened his door, and she told the prisoner again to remove
his
arm, and said, " There's Mr. Martin, and he'll
see us."
The prisoner still refused to take his arm
away,
and in spite of her resistance he succeeded in kiss-
ing her. They then walked on, and after a short time
the prisoner bscame very rough, and, according
to the statement of the prosecutrix, he at length
threw her down into a ditch, and with great vio-
lence committed the act imputed to him by the in-
dictment.
Upon being cross-examined, the prosecutrix said that
she Passed several houses, but did not give any alarm
or call for assistance, because she could not for a mo-
ment believe that the prisoner meditated such an out-
rage upon her. She also said that she had been for
some time "keeping company" with a man named Isted,
who, it appeared, was 30 years old, and that a brother
of this person came up after the transaction had taken
Place. She denied having said to the prisoner that, if
he were anything of a chap, he would offer her his arm
and see her home, or that she had said upon any other
occasion that, if Isted had not compelled her, she should
never have brought the matter forward.
From the evidence of other witnesses it appeared that
upon their coming to the spot, they found the old lady
very much excited and alarmed, and with her bonnet
Crushed and her clothes very dirty, She complained of
the prisoner's conduct and begged them to take him
Sway from her. One of the witnesses stated, on cross-
examination, that he did not hear any noise until he
caase rather suddenly upon the parties, and then the pro-
secutrix began crying out, "Oh Lord! oh dear!"
Mr. Jomesoer, at the close of the case for the prose-
cution, addressed the jury for the prisoner, and said
that, but for the very serious nature of the charge, he
should almost have been inclined to ridicule the idea
that a young man like the prisoner could have committed
such au act upon a toothless, decrepid old woman, who
might very well be his grandmother, so far as ego was
concerned. He said he was not in a position to deny
that something had really happened between the parties
but he submitted that it was clear, from all the facts
, that had transpired, that the old woman consented to
it, and that upon Isted, the brother of the man with
whom she had, as she said, been keeping company,
coming up, she had, in order to escape the scandal of the
village, preferred the present charge.
Mr. G. Martin, the master of the national school at
Slaugham, was then called as a witness for the prisoner,
and he said he was :welding at the door of his house on
the evening in question, and saw the prisoner and the
prosecutrix going in a direction towards the residence
of the latter. He opened his door suddenly before they
saw him, and he observed that the prisoner had one arm
round the neck of the old woman and the other in front
of her person, and it appeared to him that she rather
encouraged than resisted his embraces. The prisoner
had his face towards the face of the prosecutrix, as
though in the act of kissing her, while they
were passing,
and when ho moved his face, and she saw him, she ex-
claimed, "There—be quiet! Mr. Martin will see us."
They to kiss
then walked on, and the prisoner appeared
the prosecutrix several times, and there appeared to be
uo complaint or resistance on her part. The prisoner
appeared to he so tipsy, that he was of opinion the
she the pro-
seeutrix could easily
fet
have got away from him ihad
desired to do so.
By Mr. CUBRETT—He was not examined before the
magistrates on behalf of the prisoner. He was not sum-
moned, but a message was sent to him from the magis-
trate, but he would not go
without
rtquestina, his attendance,
the permission of the rector, and when he ape
plied to him for his permission he refused it.
The LORD CHIEF JUSTICE—Then be most scanda-
lously neglected his duty. What right had
.he to prevent
you from going before the megistrato
thea" ing
your
observe-
agreeable
evidence, and thus set Incas!. above law? ,such
ll
conduct is highly indecent and improper, and if this gen-
tleman had been here lshnouhltdhhaavveebmeeandea:oa
lions upon it which would
to him.
questions the witness said
that the
In answer to other q
Meads of the prisoner pressed him to go befm.e
i the
e a
rector?--The witness said he
ma-
gistrate and state ivihcaEtlloAllnad dcl
d scan,
JUSTICE—And The CHIEF y
did, but he still refused to
allow him to•
gje;
The C sTic&-••Thetl I hope he understands his
ilia