The Sun.
London, England, 1863-12-22 00:00:00

ASSIZE INTELLIGENCE.

HOME CIRCUIT.—LEwns, Dec. 21.
(Before Mr. Baron Pigott.)
The learned Judge opened the commission at this town
at 10 o'clock, and after attending Divine service, proceeded
to charge the grand jury and to try prisoners.
The calendar for the eastern division of Sussex contains
the names ot 11 prisoners, and that for the western division
five, of whom two are charged with manslaughter, two as
accessories to manslaughter, one with rape, one with
arson, one with sacrilege, two with robbery, one with bur-
glary, one with shooting with intent to murder, one with
uttering a forged note, one with uttering counterfeit coin,
one with concealment of birth, one with perjury, and one
with making a false declaration before a magistrate.
James Leppard, 12, was charged with setting fire to a
stalk of corn at East Grinstead on the 16th of August last.
Mr. Roupell prosecuted.
The facts were clearly proved, and the boy had, indeed,
never denied his guilt, nor assigned any reason for the act.
The learned Judge left to the jury the question whether
the prisoner was aware that he was doing that which was
wrong.
The jury returned a general verdict of guilty.
Sentence, six weeks' imprisonment with hard labour, and
to be once whipped, receiving 12 strokes with a birch rod.
Robert Saunders, 27, navvie, was charged with felo-
niously killing and slaying George Goble, at Amberly, on
the 27th ot October.
Mr. Wyatt prosecuted, and introduced the case as being
one of anything but an aggravated character, inasmuch as
the prisoner had received great provocation, and had
caused the death of the prisoner in a perfectly fair fight
according to the rules of the prize ring.
The jury returned a verdict of guilty, accompanied by a
strong recommendation to mercy,
The learned Judge, in passing sentence, said that the
prisoner had been found guilty of the manslaughter of this
person, George Goble, and he was bound to say that he
thought the unfortunate deceased brought his death upon
himself. His conduct was most provoking, and the prisoner
had done everything which oould be expected from human
nature to avoid the encounter. The deceased put an offence
upon him, assaulted him with violence, and compelled him
to go from one part of the house to another, and then to go
out and fight him. His lordship added that he was glad to
find that the prisoner had the manliness to say he did not
wish to go on with the fight, and under the circumstances
he felt justified in giving lull effect to the recommendation
of the jury. The prisoner had already been in pi icon nearly
two months, and he should therefore only sentence him to
complete that period, being nine days' imprisonment, with
hard labour.
George Burns, 19, labourer, was charged with rape upon
Jane Boniface, a little girl, only 11 years of age, at Poling,
on the 22d of July last.
Mr. Lumley Smith prosecuted; the prisoner was uncle-
fended.
The case was clearly proved, and the prisoner was sen-
tenced to three years' penal servitude.
Nelson Hillyer, 16, labourer, was charged with forging a
note for the payment of £lO, at Brighton, on the 11th of
August last.
Mr. Hurst prosecuted, and Mr. Roupell defended.
This was a singular case. The prisoner, who was stated
to be very respectably connected, went on the night in ques-
tion to a Mr. Moon, who keeps the Union Inn, Olocester-
lane. Brighton, at about 10 o'clock. He presented a check,
and wished it cashed to oblige a Mr. Lynn, at the corner ot
Kensington-gardens. Mr. Moon consented, provided Mr,
Lynn put his name on it, and sent a roan with the prisoner
to see that he did so. The cheek was di awn on the Brighton
branch of the Hampshire Banking Company, and was signed
"W. Elliott." Mr. Moon observed that his man and the
prisoner did not take the right turning, and therefore fol-
lowed. He asked for the check. The prisoner did not give
it to him, but threw it on the ground, where it was picked up
by Mr. Moon's man. Previous to this he had said that
it. was not Mr. Lynn at the corner of Kensington-gardens,
but another man of the same name round the corner. On
cross-examination it was eqcited that there were several
persons named Lynn residing in the neighbourhood. The
check exactly corresponded with one of two wnich were
missing from the check book of the prisoner's uncle, wilh
whom he was living; and it was proved that no person
named Elliott had an account with the Brighton Branch of
the Hampshire Banking Company.
Mr. Roupell submitted that there was no evidence of the
forgery.
Mr. Baron Piggot ruled that there were sufficient to go
to the jury.
Mr. Roupell, for the defence, urged to the jury that, in
strictness, neither the charge of forgery nor the second
charge of uttering was proved. He went through the whole
of the evidence for the prosecution, and contended that the
case•was only one of suspicion.
Several persons were called, who gave prisoner an excel-
lent character.
The learned Judge having summed up, the jury found the
prisoner guilty of uttering, and recommended him to mercy
on account of his youth and previous good character.
Wm. Melton, 22, labourer, charged with breaking into
the parish church at Brighton, and stealing therein a bottle
of port wine, was found guilty of receiving the same know-
ing it to have been stolen, and sentenced to 12 months' im-
prisonment with hard labour.
Mr. Roupell prosecuted.
Hies Thomas and Stephen Willett, who were convicted at
the Summer Assizes, before Mr. Baron Bramwell, of the
offence of concealing the finding of treasure trove, were to-
day ealled upon to snrrender in discharge of their bail.
Judgment had been deferred in order that an objection
taken to the indictment by their counsel might be argued
before the Court of Criminal Appeal. This was done last
term, when that Court held the indictment to be good.
It will probably be remembered that in the month of
January last a ploughman named Butchers,while ploughing
his master's land, at Mountfield, found the progress of his
plough obstructed by a quantity of metal, which be sup •
posed to be brass. He showed it to Thomas, who afterwards
showed it to Willett, who had formerly been a Californian
digger. Willett sold it to a refiner in London for £l3O.
Both the prisoners were proved to have divided the spoil,
giving Butchers a few shillings only, professing to him that
they had sold it for 61 a pound as old brass. There was no
doubt that the gold was some very ancient rings and chains,
not only of great intrinsic value, but also almost invaluable
in an antiquarian point of view now irretrievably lost in
the melting pot.
Mr. Hance, on behalf of the Treasury, stated the cir-
cumstances of the case, and prayed the judgment of the
Court.
Mr. Baron Pigott said that he should probably hear from
Mr. Baron Bramwell to-morrow morning, and.would then
pass sentence.

NORTHERN CIRCUIT—LIvERPooL, Dec. 21.

CIVIL COURT.
(Before Mr. Justice Williams and Special Juries.)
PEARSON V. THE LONDON AND NORTII-WESTERN

RAILWAY COMPANY.

In this action the plaintiff sought to recover damages for
injuries sustained through the negligence of the defendants,
The defendants had pleaded not guilty, but since the plea
they had given notice that they did not intend to dispute
their Liability. The duty, therefore, of the jury was reduced
to that of assessing the amount of damages.
Mr. Temple, Q.C., Mr. H olker, and Mr. Grimshaw were
for the plaintiff; the Attorney-General, Mr. James, Q.C.,
Mr. Aspinall, Q.C.,
and Mr. Higgins were for the de-
fendants.

The plaintiff, who was a traveller in the perfumery busi-
ness on his own account, took a third-class place in the 8
o'clock a.m. train from Manchester to Birmingham on the
6th of July. While the tickets were being collected at the
collecting station an engine end tender ran into the train in
which the plaintiff was. By this accident plaintiff sustained
a very severe.injuty to the cheekbone, and was besides
greatly shaken and thrown into a state of insensibility, in
which he remained for some time. He also sustained inju •
ries to the nervous system from which he will probably
never recover.
It appeared from the evidence of his wife that plaintiff
was 37 years of age, and had two children depending upon
him. He came home on the day after the accident, but in
such a condition that his wife fainted on beholding him.
Before the accident he had enjoyed good health, but since
then he had been troubled with sleeplessness at nights, and
complained much of pains in the head and of a feeling of
numbness, he could not speak distinctly, his appetite was
bad, his memory and eyesight defective, and be often
fancied he could see people approaching behind him, and
would stop and turn round to sfe if they were there.
Mr. Jas. Done, the surgeon who had attended him, de-
scribed the injuries. The cheekbone was fractured,the face
swollen and blackened,and the jaw locked. After four weeks
a gathering took place inside his mouth, and his health be-
came exceedingly unfavourab e, causing apprehension of
paralysis, and rendering his ultimate recovery exceedingly
improbable.
Dr. Noble, Fellow of the Royal College of Physicians,
who had visited him three or four times, described his pre-
sent state, and gave evidence as to the probable effects of
the injuries. He stated that ho was suffering especially
from shock to the brain and nervous system, that his me-
mory and sight were bad, and his capacity for thought
almost gone. His pulse varied from 90 to 120,and altogether
this was a very bad ease of the kind, and under the most
layout-We circumstances of rest and attention it would be
a long tirec beferc he could recover, Ito particularly de-
.