The Sun.
London, England, 1839-07-19 00:00:00

SUMMER ASSIZES.

HOME ClRCUlT—Clinr.msronn, JuLr 17.
CROWN COURT —( Before Lord DENMAN. )
Joseph Bt.con, aged 34, labourer, and Sarah Bacon,
37, his wife, were charged with the manslaughter of Wil-
liam, their infant child. The death was alleged to have
bey n occasioned by the prisoners having neglected the child,
and not giving it sufficient nourishment and food to main-
tain life.

After several witnesses had been examined, as to the
treatment of the child, .

Mr. Dixon, the surgeon, who had attended upon the
deceased, was called, but he did not appear.
Lord DENmaN summed up, and the Jury returned a Yen.
d;ct:of—Not Guilty._

Lord DENMAN said he was sorry the surgeon had not
thought proper to attend, they had a right to his evidence,
and his recognizance must be estreated.

Abraham- Dansie, who was convicted on Tuesday of
stealing a c.c. sheep, was brought up for judgment, and
the Court, after remarking upon the crime of which he had
been convicted, and also adverting to the difficulty of its
detection, sentenced the prisoner to be transported for 14
years.

This case concluded the hUsiness in the Crown Court.

WESTERN CIRCUIT-1171.vcnESTRA, Jur.r 13.
THE QUEEN V. ROBERT SPINCER.
The prisoner, who is a farmer living near Southampton,
was indicted for uttering a Bill of Exchange drawn by
i himself upon, and purporting to be accepted by, his brother,
John Spincer, knowing such acceptance to have been
forged.
Mr. MISSING Stated the case. The bill had been ori-
ginally uttered for Mr. Deacon, of Southampton, from
whom it had found its way through various hands into the
I possession of Mr. Mott, the prosecutor.
Witnesses ware then called, after which
Mr. MISSING said that he could not carry the case
further.
The Learned JUDGE observed to the Jury that the son
having written the acceptance with the authority of John
Spincer, it was the same as though be had written it him-
self. and therefore directed an acquittal.
Mr. Sergeant BOMPAS then applied to the Learned
' Judge for a copy of the record, so as to enable the prisoner
to take proceedings against the prosecutor for a malicious
prosecution, stating at the same time, that had the trial
proceeded, he was in a situation to prove that the prose-
cution bad sprung from a quarrel between the prosecutor
and the prisoner.
Mr. MISSING opposed the application, but
The Learned JUDGE said he thought it a proper case for
the prisoner to have a copy of the indictment, inasmuch
as it appeared on the depositions that Mr. Mott, at the
time he took, the bill, wee acquainted with the hand-
writing both of Spincer and of the prisoner's son ; added
to which, the prosecutor had kept the bill in his possession
upwards of live months before he instituted the prosecu-
tion. His Lordship therefore granted the application.
NISI Pares COURT, JULY 16.
KNIGHT V. COUPLAND AND ANOTHER.
Se many challenges were made to the Jury in this
case, that only five were in the box, when the panel was
exhausted. The parties then were compelled to chal-
lenge " for cause," and after great delay and difficulty a
Jury was sworn.
This was an action for a libel published in the Hamp-
shire Advertiser, a Conservative newspaper, of which the
defendants were the publishers and proprietors. There
were four complaints—first, that the plaintiff, being a
Magistrate of Winchester under the Municipal Corpora-
tion Act, had been guilty of gross impartiality in the re-
moval of the Town-clerk of that borough, and in the
appointment of another party to that office. It was as-
cribed that this was done from political motives. In the
second charge one of the Magistrates was mentioned by
name, and the others were designated as his " tail." They
were called ignorant upstarts; and to this was added,
" We laid before the public, a few weeks since, some pretty 1
good proof of the justice which may be expected at the
hands of the contemptible ignoramus and his tail ;" and a
copy of a letter which had been written to Lord John
Russell by Mr. Selby, one of the editors of the paper, was
I published, in which he complained of the conduct of the
Magistrates, and among other things said, that " he pre-
sumed his Lordship would recommend the removal of these
Magistrates from the commission, whose actions had proved
them totally unworthy of the trust which they bad prosti-
tuted, and the station which they had disgraced." The
third alleged libel was in an argumentative strain, to the
effect that persons in office who had so conducted them-
selves ought to be shunned by society. The fourth libel
charged was an attack upen the Government in appointing
these Magistrates ; and it asked the question, whether, if
any known Conservative was brought before them, he would
feel sure of impartial justice ?
Mr. Justice COLERIDGE, in summing up the case to the
Jury, observed that they must deliver a distinct verdict on
each of the four counts in the declaration.
The Jury having deliberated for a short time, returned a
verdict for the plaintiff on the first count—damages, Is.;
and a verdict for the defendants on the other three counts,
i on the ground that they were not libels.
I Actions were brought by four other Magistrates against
these defendants for similar actions. One was tried last
week, and a verdict given for the defendants, and the other
cases were made remands.

NORTHERN CIRC Ul T.—YORK, Juar IG.
PEASE V. EASTWOOD.
The action was brought for a trespass alleged to have
been committed on the plaintiff's close, and for taking cer-
tain dead grouse from his gamekeeper at Melton, in the
West Riding.
The Jury returned a verdict for the plaintiff as to the
taki.ig, of the gamr.—Damages is.

OXFORD CIRCUIT.—ti MCESTEII, JULY 16.
The criminal business was finished about four o'clock.
There were no cases worthy any particular remark._

In the Civil Court two cases'o;.!v remain for trial. The
case of " the Qaeen v. Meredith "'has occupied the Court
for several hours, and is not likely to bo over before night.

TIIE QUEEN V. JOHN BOOKER.

The- prisoner WisS found guilty of cutting and stabbing in
the belly or.e Richard Rad Ford.

The Learned BARON, after commerting with great seve-
rity on the unuvin!y and assassin-like practice of stabbing,
whiel was becoming' so comman, sentenced the priscner to
be transported for 15 years.

THE QUEEN V WILLIAM LEWIS.
The riso- er was charged with committing an assault on
Henry Fuley.

Upon being put to the bar he conducted himself in such
an extravagant style as to induce the Court to interfere.
In answer to a question from the Learned Judge, he said,
" I have appeared in higher courts tt,an this. I had the
honour of appearing at the Secretary of State's Office in
1829, and there laying claim to the throne of this realm, of
,o,ich I am the rightful sovereign,"

The Juocc—lii'd you obtain redress ?
Defendant--O:1 ye 3, a littla. Afar much trouble they
tcok me bt:forc S r R. Wrnie, and that comforted me.
The Learned I:aitax ordered a city jury to be empanel-
led to try ichether cr not the do.endant was sane.
Defendant said—ln 1816 I was the third person in the
Triniy, but I afterwards found that I had been deceived.
On the s:h of July, 1839, I was christened, baptized, and
crowned, and again I was in-Tired that I was the third per-
son spoken of in the Trinity. A boy brought me the holy
water. I did then sign myse:f with the sign of the cross,
and christened myself King of the World.
The Jury found him insane, and he was sentenced to be
confined during her Majesty's pleasure.

NORFOLK ClRCUlT.—licerr.vsibtx, Juzr 16.
The business of this circuit commenced this day ; and
if the state of it in both Courts may be taken as a Car test,
the inhabitants of this county arc at once peaceable, and
unlitigious, and honest. But it is to be feared that the
light state of tho calendar, which shows only ten persons
far trial. is attributable merely to the fact of the quarter
sessions for the county having been so recently holden, at
which 50 persons were tried; and to the operation of the
Act authorizing the trial by sheriffs of actions under 201., is
to be referred the circumstance of there being but two
causes for trial.
In the Crown Court, Mr. Justice VAUGHAN disposed of
a case of fowl stealing, one for robbing the prosecutor of his
shoes as he lay asleep by the way-side, and one for stealing
hay.
It is superfluous to add, that no feature of any interest to
the public was presented during either of these
trials.
On the civil side, Mr. Justice Br,
BANQUET was occupied
during the afternoon in deciding an ejectment brought by a
landlord to recover possession of afarrn,which the very
lively questions were, whether the
defendant's was a " La-
dy-day tenancy," or a " Michaelmas hold'
and whether
due notice to quit had been given.

NORTH IVA L ES.-- Wzr..eirooz, Jur.,
• THE MONTGOMERYSHIRE CHARTISTS. It
The North Welsh Circuit commenced yesterday with
th e Montgomeryshire Ass.zes, held in this town before the
jinn Sir John Patteson, Knight, and Air. David Hamer,
High Sheriff.
The Learned JUDGE has fixed a period of no less than
ten days for the insestigation, and in his charge to the
Grand Jury went into great length upon the law of the
realm as relating to the crime of which they were accused.
The excitement in this part of the Principality is very
great as to the result of the trials, and anxiety is exhibited
in every quarter.
having retired to their labours, and
The Grand Jury
shortly brought in a number of true bills against parties for
training and drilling at Newtown,
The Court was occupied during the whole of the day
in separately trying individuals charged with training, &c.
The facts of the training being proved they were found
guilty, but sentence was deferred.
Lewis Humphreys and John Lewis, were indicted for
having with menaces demanded a certain gun—second
count, for stealing,
addressed the jury. The
prisoners stood charged with having-, by menaces and

.~...-,.

threats, obtained a gun from the prosocutor. This was
one of the cases arising from the inflammatory speeches
of political unionists travelling through the kingdom.
Mr. YARDLEY, for the prisoners, objected that the Learned
Counsel had no right to refer to other individuals who might
have to stand charged at those same Assizes with other of-
fences, as it might operate prejudicially on the minds of
the jury.
The Court intimated that the Attorney-General should
confine himself within the legitimate scope of the case.
The ATTORNEY. GENERAL proceeded. He did not wish
other cases to be prejudiced by his observations, and pro-
eeded to detail the facts appearing in the evidence. The
prisoners went to the prosecutor and demanded a gun—if
it were obtained against the owner's consent, or under
circumstances of terror, and the prisoners appropriated it
to their own use, it was a felony.
John Dawes, farmer, examined by Mr. Groves. —I live
near Llanidloes. On the 16th of April I remember some
people coming to my house. There might be eleven or
twelve persons. I was not certain of any of them. They
bad guns with them. Four or five. I did not count them.

They did not knock at the door. They asked if the man
of the house was in. I can't say whether my little boy
might not have opened the door. My wife said I was at
home. They asked—Would I be good enough to lend
them my gun " Lend you my gun," I said, " that you
might shoot me afterwards I" They said they would
not shoot decent people. One of them said,
" is this the gun ?" and pointed to one over the
the mantle-piece. One of them went and laid hold of
it. My wife asked when they would bring it back. They
said the gun would be found at the Angel, at the top of
the town when the row would be over. They did take the
gun. I was not willing to the taking. I was afraid of
them. They stayed in my house about three minutes.
Mr. JERVIS submitted to the Court that he purposed to
ask the witness if they had made similar demands in the
same neighbourhood; and referred to the case of the
King v. Whitworth, in Carrington's Reports, cited in
Archbold ; and he wished to ask a general question, if
guns had been demanded in the neighbourhood.
The ATTORNEY-GENERAL observed that such evidence
had been given in the case of the Luddites.
The Counsel for the prisoner—lt is proposed to ask
what an indefinite mob had been doing in the neighbour-
hood, of whom the prisoners might know nothing.
The COURT said the case cited did not bear analogy
with the pi esent one. In case they could produce evidence
to connect the prisoners with any such transactions, it was
competent to call the witness again.
The witness was cross-examined by Mr. YARDLEY, and
nothing material stated. The prisoner had not applied at
the Angel for the gun.

Edward Jarman was called to corroborate the testimony
of the prosecutor. He identified the prisoners as two of
the persons. Knew them. There were feuds existing
between the Llanidloes and Liangerry people. Has never
come into collision with the Chartists. He did not
attempt to prevent the t3king of the gun. John Dawes,
the prosecutor, did not give leave.
Catherine Williams called, and examined by Mr. HILL—
I live at Bretbdin, four or five miles from Llandiloes. I

remember on Friday, April 16, seeing men coming to our
house, about ten or eleven. I did not count them. I
know the two prisoners. Did not know the other pri-
soners. They asked for a gun.
The Counsel for the defence objected to the question,
and submitted to the Court that the rules of evidence were
opposed to asking questions as to the conduct of the pri.
soners at other place?.
The ATTORNEY-GENERAL said that it was eligible to
inquire what had been done at other places, to show the
motive ; the thing was public and notorious, and must
necessarily come to the knowledge of the prosecutor.
Mr. JARVIS said two questions arose; first, what operated
on the mind of the party at the time ; and second, the
object. Where people go round the country demanding
gans, it showed a common design. By these means the
conduct of the prosecutor was accounted for in not resisting,
and went to show the felonious extent on the other hand.
Mr. YARDLEY—If the prisoners went to one house to
commit a felony, it did not follow they would repeat the
crime at another. What they did at the house of this
witness was no proof of what they intended to do at another.
Mr. JERVIS referred to the case of the King v. Ellis,
a case of larceny ; it was the case of a shopman taking
money from the till ; evidence of other takings was ad-
mitted, though not the subject of any charge.
The COURT could not distinguish this case from that of
" The King v. Whitworth." There the case was the
advising to give something away, and the question was
whether it was bona fide advice, or whether given with the
intent of robbery. It was possible what transpired at the
house of this woman might come to the knowledge of the
prosecutor. I admit her evidence may ascertain whether
the asking for the loan was real, or only a pretence.
The examination of the witness was resumed—They
asked if I would come to the house. They wanted a gun.
I said there was no gun. They said they had heard from
the neighbours that there was a gun in the house. The
witness proceeded to say that the prisoners scorched her
gown. They said they had guns in another place. There
was a shooting match in the neighbourhood for the benefit
of some poor man. Ido not know at what they shot.
Anne Williams examined by Mr. JERVIL—She went to
corroborate the testimony of the preceding witness. Saw
the parties in the house.

J.;hn Owen was then called.—He proved that he saw on
the day in question a party, with the two prisoners, passing
ahng the road, with guns. This was between six and
seven in the evening.
On his cross. examination the witness said he lived by
Mr. Wythen Jones' kennel.
Mr. YARDLEY addressed the Jury at some length, and
said that the owner did not express dissent—that they must
come to the conclusion that the taking was with the intent,
and that they did afterwards appropriate the gun to their
own use. The gun might have been left at the place ap-
pointed for the owner. _

His LORDSHIP summed up at great length. The ques-
tion was whether the permission was voluntary or under the
irflvence of fear, either at the time or afterwards, and
whether the prisoners bad appropriated the guns to their
own use. If at the time of the taking the intent was to
steal, the subsequent restoring could not purge the felony
,ince committed. It was for them to determine as to the
irJtcnt and the appropriation.
Verdict—Not Guilty.
THE LLANIDLORS RIOTERS.
The trial of these misguided men, charged with rioting
and demolishing houses at Llanidloed, is expected to come
on on Wednesday. A number of true bills was found
against them this day.

POWELL, THE WELCH CHARTIST LEADER.
True bills have been fuund against two individuals ; one
for sedition, and the other for inciting the people to riot.
The trial is expected to take place during the latter part
of the week.

CALLING OCT THE YEOMANRY.
The Shropshire regiments of yeomanry cavalry were
this day called out for service in consequence of the fires
and disturbances at Birmingham, to which place they were
ordered to repair. The Montgomeryshire regiments are
also ordered to hold themselves in readiness.