The Sun.
London, England, 1839-01-03 00:00:00

SHERIFFS

THIS DAY.)

THE STOKE NEWINGTON CHURCH-RATE CASE.
HOMAN V. BEETHAM.

Mr, MURPHY appeared for the plaintiff; and Mr. WIRE for
;he defendant. .

Mr. MURPHY said, the plaintiff in this case was a gentleman
carrying on an extensive business in the city, and having a
residence at St. Mary's, Stoke Newington ; the defendant
was a magistrate, acting in that district. The facts of
the case being admitted by the defendant having put
no plea on the record, it would be the duty of the jury,
after hearing the statement of the facts to assess the
amount of compensation to which the plaintiff was
entitled for the injury he had sustained. Incidentally this case
involved a question which had been a good deal litigated of
late years; namely, that of liability to Church-rates. The
Jury, however, must not imagine that this was a disputed
liability on the ground of conscientious scruples, in which any
sect or party intruded itself ; it was merely a disputed liability
on the ground that the rate in its exception was illegal. The
Leaned Gentlemen then proceeded to state the facts of the
case, which were detailed by several witnesses.
Mr. WIRE addressed the Jury on the part of the defendant
in mitigation of damages. He submitted that there was in
the case a total absence of every thing which could make him
liable beyond the amount of damage which the plaintiff had
actually sustained.
The Jury, after consulting a few minutes, returned a ver-
dict for the plaintiff—Damages 101„ costs 20s.
Mr. MURPHY would take the same amount in the other
ems.
Mr. WIRE had no objection, but wished that Mr. Beetham
should be exonerated from any suspicion of having entertained
vindictive feelings.
The Jury said they did not consider his conduct in that
light.
A similar verdict was then taken on the other cases.

CRIMINAL COURT-(THIS DAY.)

OLD COUR7'.

VIOLENT ASSAULT.—George Girling, described in the
calendar as a carpenter, was indicted with feloniously strik-
ing Elizabeth Carey with a poker, in Greenwich Poor-house,
on the 21st of December last, with intent to do her some
bodily harm.
From the evidence it appeared that both the prosecutrix
and the prisoner were inmates of the Greenwich Poor-house.
Upon the day in question the prisoner was poking the fire,
and upon the prosecutrix asking him what he was doing, he
said, " I'll do for you, and you'll not get your Christmas din-
ner ;" on which he struck the prosecutrix with the poker,
which laid her senseless at his feet; and when she recovered
the prisoner had left the room. The prosecutrix on reco.
vering found that she was very much wounded on the head
and arm. She then applied to the master of the workhouse,
the subject was investigated, and in consequence of the ex-
cited state of the prisoner, the master was induced to think
he was not right in his mind ; but upon the Surgeon
seeing him, he said there was no ground for any such
supposition.
The prisoner in his defence said he was aggravated by the
prosecutor to commit the offence.
Mr. Justice PATTISON summed up, and
The Jury found the prisoner Gulty of an assault only.
Mr. Justice PATTISON sentenced him to twelve months' im-
prisonment and hard labour in the House of Correction.
Dennis Donnovan was indicted with feloniously and mali-
ciously cutting and wounding his wife, Catherine Donnovan,
with intent to murder her.
Catherine Donnovan stated that on the 21st of October last
she and the prisoner lived together in Poland-street. On the
night of that day the prisoner struck her with his fist, and
knocked her down, and then ran up stairs, got a chopper, and
began chopping at her. She put her arm up to save her
head, when he struck her with the chopper and broke her arm
in two places. Not satisfied with this he wounded her on th
head in six places. They had had no words before this took
place.

James Williams—was a surgeon at Bartholomew Hospita
and was in attendance there when the prosecutrix was brough t
in ; she had received several wounds on the head, and a corn -
pound fracture on the left arm. The wounds on the head ha
all penetrated to the bone. The prosecutrix was still unde t-
his care.

William Penny, an inspector of police, upon hearing cries of
murder, proceeded to the premises, in Poland-street. Upon
arriving there, he found the prosecutrix lying upon the ground
in an insensible state, covered with blood. He sent a m. 40 for a
stretcher, and had the prosecutrix taken to St. Bart'nolomew's
Hospital. He afterwards searched the house and found a
chopper completely covered with blood and hair. When he
apprehended the prisoner he was perfectly sober.
The prosecutrix upon being recalled, identified the chopper
produced, as the same with which the prisoner struck her.
William Christall, a prisoner in the new prison, deposed
that the prisoner requested him to write a letter to his wife,
which he did. The letter, which was read begged the prose-
cutrix to forgive him for the sake of their children.

Mr. PHILLips addressed the Jury for the prisoner.
Mr. Baron GURNEY summed up, and the Jury found the
prisoner Guilty to the full extent charged in the indictment.
Judgment of death was recorded against the prisoner, and
Mr. Baron GURNEY told him flat if it should please her
Majesty to remit the severe sentence of the law, it would only
he upon the condition that he should spend the remainder of
his days in a foreign land, subject to the severest punishment
and the hardest labour.

NEW COURT.
Mary Hennessey, aged 22, was indicted for stealing a ma-
hogany table and a looking-glass. property of an uphol-
sterer, in Whitechapel. road,
The Jury returned a veTitict of Guilty.
There was another 'indictment, charging her with receiving
a carpet of the vP,lue of 61. , well knowing it to have been stolen.
The COMMON- SERGEANT told the prisoner that he believed
she was a person who, in slang language, was termed " a
fence." Such persons, although they encouraged servants
and others to commit robberies, could very seldom be brought
to justice. The judgment of the Court was that she be
transported for the term of seven years beyond the seas.
Mary Ann Taylor was indicted for stealing a purse con-
taining eight sovereigns, from a person named Zachariah
White.

A policeman stated that he saw the prosecutor and prisoner
together, on the morning of the 21st of December. The
prosecutor then said the prisoner had robbed him, whic:n she
denied ; but the prisoner dropped something which tte prose-
cutor picked up, and which was the purse and money now
produced.

The prosecutor did not appear, he being, as was stated, at
Hull upon some business connected with the Coal Trade.
The Jury then acquitted her.

THE STATE CANADIAN PRISONERS
AT LIVERPOOL.

(FURTHER AND LATEST PARTICULARS.)
During the whole of yesterday numerous inquiries were
made at the residences of the gentlemen interesting them-
selves in the behalf of these unfortunate men, and their legal
advisers (appointed to conduct the proceedings which have
been taken to try the validity of the process under which the
prisoners had been condemned and transported from Canada to
this country, on their route to one of the penal settlements in
the southern hemisphere), relative to the accuracy of certain
reports which had appeared in the Public Press, some of
which were copied from Provincial Journals, setting forth that
an habeas corpus had been moved for by Mr. Roebuck, and
granted by one of the Judges at his Chambers, and likewise that
the prisoners would be brought up to the metropolis, upon the
authority of the writ, For examination.

In the course of the day our reporter waited on a gentle-
man (the most authentic source) for information on the sub-
ject, and obtained from him the following particulars :
In consequence of Mr. Joseph Hume, M. P,, having received
a letter from one of the prisoners ( Parker), informing the
Hon. Gentleman that so strict was the durance under which
they were kept that they were clelnlved of the advantage of
professional assistance, it was round necessary that a gentle-
man should immediately '::tart from London to Liverpool, and
make an endemar have an audience with the prisoners.
On the arrival the gentleman at the doors of the borough
gaol ltl wt.; refused admission to them ; and it may here
he w",.:ntioned that no one, with the exception of the
authorities of that establishment have had intercourse with tho
prisoners. Their legal advisers in London having also dis-
covered that the Meteor, a Government steam-vessel, was
about to leave Portsmouth for Liverpool, to convey the pri
soners for transportation to New South Wales, it was deemed
expedient instantly to make an application on the subject to
the Secretary of State for the Home Deprrtment. Lord
John Russell not being in town, it was resolved that a writ of
habeas corpus should be applied for.
On Friday evening last Mr. Roebuck (with whom was Mr.
Theobald), attended before Mr. Justice Littledale at the
Judges' Chambers, Sergeants' Inn, Fleet-street, f 0..• that
purpose.
Mr. Roebuck having addressed his Lordship, stating the
facts of the case, the affidavit of Mr. Hnme (.4nd it is under-
stood that Mr. Roebuck joined the Hon. (fentleman in tho
same) was read. It in substance stated 'that the prisoners had
never been arraigned before or conv;.Cted by a competent tri-
bunal, consequently their incarce:ation was illegal, and their
sentence null and void.
His Lordship, without,' hesitation, immediately granted the
writ.

A Judge's Order, staying the removal of the prisoners for
transportation ',laving been made out,
Mr. Ilr,elmek started for Liverpool, and arrived there on
Saturi!,ay morning, with an order to enter the gaol, and, if de-
sirous, to hold communication with the prisoners.
The Learned Gentleman also served the authorities with
the Judges order not to deliver up the bodies of the prisoners
until the writ of habeas corpus should arrive from London.
The prisoners are described to be remarkably tine-looking
men, with handsome features, and of Herculean caste. They
state that, as far as their condition would permit, they have
been most kindly treated by the officers of the gaol. Four of
them are American citizens, and, in addition to the charges
on which they have been condemned, are accused of felony for
stealing some old muskets. They are extremely annoyed at
the report which appeared in most of the newspapers, in which
they were charged with having attempted an insurrectic,o on
board the Captain Ross, which brought them here. To dis-
prove this fabrication they have applied for and ohtained a
certificate as to their conduct while in confinement i'a that ves-
sel. It may be here mentioned that Parker w?„-.1 one of the
three who attempted an escape from Quebec, His companions,
Dodge and Tiller, succeeded. This was after his 'conviction.
The prisoners are expected to arrive in town this day, and
lit is said will be confined in Ncwptet to abide the result of
these proceedings.