The Sun.
London, England, 1830-08-09 00:00:00

SUMMER ASSIZES.

OXFORD CIRCUIT.—STAFFORD, Auo. 6
Moine • Bashi m; 'aged, 22, and Frplerick Short/louse,
aged 21, were indie:ed for the wiltul murder of Thomas
Hoilier, on the 113 to Marfli, 1828, at Borion-upon-Ttent-
Mr. W,lttrawa, Mr, WHITCOMB, MaLsiN,
appeared for thepioseciation, and Mr. Plimurs and Mr.
I.sit for the pri,oners.'
CharleirMerr‘, tlW.eider, a sawyer, at But ton, stated
that on the 14th of 111si,l, 1828, as wa, going to his
work, shout five o'clock in the ntorning, he .aw it corpse
lying in a lane maim] Lchfiehl or Derby-lane, leading to-
wards little Burton. It was lying on the lace, ivith the
left arm on the body, and the other stretched out. The
hat was off, lying new the liebl. There were two Int,ket,'
Tying in the lane, and a pair of laly's mud Ipmt, wrePped
up in white paper were lying between them. There
was a 'nark on the road three or four feet wide, as if the
hotly had been draggettalong: At a abort distance from
the body (shout 35 yards) there was a horse fastened to a
gate. It had on a bridle and saddle, but no stirrups. In
one of the baskets there were a pound of oodles, some
hafpence, and a soda water bottle, with nothing in it,
but it smelt tss if it had coutaioed oil. In the other baii•
ket were two lathes eaos. Witness went and fetched his
eon, awl two neighbours of the names of Banister and
and the hotly was conveyed to a neighbouring

public-house.
Cross-examined by, Mr. Puzwrs—l have talked to
Mr. Rowe, the constable, about this affair ; but he has
not made himself very busy with the different witnesses.
I gave an account before the Coroner. The bridle was
not thrown loosely
over the pales. The horse was coin-
plouly fastened to the gate. The bridle was thrown over
two or three of the piles of the elite ; it could net have
been so fastened by the exertions of the horse itself. To
the best of my belief I have always given the same ac-
tclotuniottneia.boult
ntheveeibrikallide.
in his
iklinsowpreSseiracJeothhnatFtailiretieb,ritdllite
hung loosely, but so as to fasten the horse. I never said
before the Coroner that the' bridle might have got ints
such a position by' the exertions of the horse. The de-
position before the Coroner was not read over to me at the
time it was taken.. On being further questioned, the
witness said he would not be positive, but to the best of
his belief the deposition was not read over to him. I
went to Sir John Fairlie's a week after the inquest, and re-
quested him to read over the depositions again, which he
did. I said then I was glad they were so correct, as a
report was in circulation that they were not con mt.
Re-examined—l was examined before the Coroner on
the Clay the body was found. That was in March, 1828.
William Merry examined—l lived with the list witness
in Mareli, 18'28. On the 14th of that month I %vita out
to work in the morning. When I got into the lane
leading to Litchfield I saw a hoot shining, and made ti
sudden stop. I saw it.was a man lying across the road.
I hearth my father call at this time. 1 then went towards
Dokter.* house. My father went to call another man,
named Grieves up. We then got a lantern, and all of us
returned towards where we found the man lying. On our
way we saw a horse, my father looked at his mouth, I
looked at the saddle, and saw the rocker's name.
• Mr. Pitit.t.irs—There is no doubt of the identity of
the body.
The bridle of the horse was fastened to the pales of the
gate. The horse could not have fastened himself in that
manner. We all of us then went to the body. My fa.
tiler raised it up. The left hind was wrapped up with
binding, and the right hand was stretched out. The
deceased MIS dressed in a dark coat and striped breeches,
lie was covered with frost. Ills hat was lying
a short diatane,e off, also two reticule baskets, and a pair
of lady's mod bouts ; in the basket was a bOttle and some
candies. We left the body in the care of Grieves and
nister, and went to work. On our return in the evening
we uoticol foot-marks of the horse in the ditch near
where the bOdy was lying. I saw marks as if the body
bad been dragged along the road.
Croes-examined by Mr. Ler--There did not appear to
liCitthovr oaCvneebirei:ailiti
et any struggling.
igttighnle: nh%gvo.itltyh Iwnuowwafriai,u found, but not since
~.,
I
thebritteL M Have you always told the tame story about
the transaction
Sir .no story. did(Latigliter.).—
slob y notth horse's4aybe throwing wtliinegCuopron hiser head.t the
might
of the
horJgeoh‘nvaDl atvhisrowonreOavveeer etbxeamigiaiteiedllll);vp.tat liithttlebßuritocene
in this county. On the 14th March went with the last
witness to lee the body. I found congealed blood on the

bosom, and bruises on the head, as if from a 14w or fall.
There were scratches on the face, as if it had been dragged
over gravel. The witness gave a similar account of the
manner in which the horse was fastened to the ga'e as the
preceding one. Was of opinion that the horse could nit
have fastened hisosvif in such a way to the gate. The
clothes of the deceased were dirty, and I gave directions
for my servant to take the body to the New Inn, when a
surgeon was sent for.
Cross-examined—lt was very common for horses, whet,

they got loose, to toss their hends over a gate I knew
the deceased, he was abo•tt 25 yews of age; he was
rather inclined to get tipsy, and was in the habit of ful'-
ing from his horse, which was so accustomed to it that it
would wait by his side.
Joseph Banister—Went with the last witness on t, e

11th March to where the body was found. The bridle
of the horse was fastened to four rails of the gate.—(lie,
scribed the situation and appearances of the deceased is
the same terms as the other witneores.)
Henry Wilson, gamekeeper to the Marquis of Angkor*,
stated that it would have been impossible for the horse to
have fastened itself to the gate in the manner it was found.
Mr. William Whately, surgeon, was called in to see the
deceased ou the 14th March, 1828. The face was gorged
with blood, and very dark. The deceased laid on his fay,.
There had been a bleeding from the nose ; 1 observed the
mark of a blow on the mouth, and a scratch on the eye.
One of the front teeth was loosened. I should think the
body when I saw it had. been dead four or live hour?. I
could not ebterve at first any thing that could cause
death. In a later part of the day the body was
stripped, and 1 assisted my brother to examine it
by order of the Coroner ; we took off the scalp of
the he•id....(there was no external mark)—when we

discovered the skull had been fractured on the aide.
We then removed the upper part of the skull ;
large quantity of blood was found on the brain. The
..calp and skull were very remarkable, the former In
much thicker, and the latter much thinner than usual
The effusion of blood on the brain was aufficienr
to cause death. It is very difficult to say what might
have caused the appearances I have described—it might be
by a fall front a horse, or a blow by a heavy weapon.
Cross-examined—There were found on the brain two
(what are called) apoplectic. cells. It is very common
in coe,t of apoplexy for there to he a darkness and set
of blood on the part on which the body lay. I did not
oserve any external marks of violence.
Mr. John Whatley, Surgeon, gave similar evidence to
. .

the last witness. Tiie effuiiion of—blocd on the !nein was,
no doubt, the immediate cause of death. The skull was
fractured in all probability from a fall ; it might have
been occasioned by a blow from. a heavy instrument. Fiom
the appearance of the deceased's brain, he might, in all
prob.►hility, have died at the time he did ; he certainly was
in jeopardy every hour. There was no symptom of con-
cussion on the brain.

Crisis-examined—The deceased might have rode about

for an hour or two after receiving a fall, which might have
produced the appearances I have described. I have known
instances of persons, after receiving serious blows on their
bead, dress themselves and walk to the'hospital, death ha..
a:toward ensued. The deceased used to indulge himself
I hive seen him go to sleep at dinner and tea.
Re-examined—ln my opinion the deceased did not di,.
of apoplexy.
James Patrick—Saw the prisoners and the deceased on
the night of the 13th March—they h,d been quarrelling.
Wm. Dodson lives at Burton,upon-Trent, was at the
New Inn on March 13, 1828 ; saw the deceased and the
prisoner Makin there ; the deceased bad a dog upon his
knee, prisoner went up to take the dog away, and thry
fell a fighting in four or five minutes, the deceased was on
the floor ; I got assistance and raised him up. and insis6sl
that he should not fight again ; he sod that be would
fight, ani then asked the prisoner's father who kept the
inn, to turn his 11011 out of doors, which he did ; the other
prisoner was present, and sts,d lie would second !Lakin ;
the deceased set off home on horseback shoat an hour after
this; he said he was not hurt in the fight.

William Haines-1n March, 1628, 1 was waggoner to
Mr. Mason of Burton. On the evening of the 18th ,of
that month, I was driving my waggon towards the Four
Lane-ends, when 1 saw a horse grazing by the road side
withuut a rider. I caught the horse and took it with toe;
afterwards I saw a man lying in the road, that man was
the deceased.. He lay upon the right aide. I spoke twice,
but he made me no answer; I then shuok him upon the
shoulder, he awoke and I asked him if he was hurt? Ilia
he was off. He slid his head rather hurt him, and he
was afraid that he should have a black eye. I asked him
to let tne lilt him up, which I did. lie then enquired for
his hat. I said that I would fetch it to him. He said nn,
I will fetch it myself. I laid hold of the thick part of
his arm, and he walked across the road. He then
asked where he was, and said he would go with me to
Burton ; he then put his foot in the stirrup, and got upon
the horse; after riding a little way he said that he would
'go to Roadstotie and stay all night, as be hail some rela-
tions there ; he then bid me good night, and went in that
direction. I saw him again about half-an-hour afterwards,
' as he returned; he, then appeared sober.
• Mary HarloA e stated that the area +sed called at her
house about eight o'clock on the 13th March ; he sakeil
Gtr a catlike, and wial.ediier husband to 104 if he had got
a black eye; she could not say whether he had or not;
was oat examined at the inquest, which lasted seven days.
Thomas Paine "met the prisoners shout half-past seven
no the 13th March, they had a dot; with them ; this was
near where the body was found.

_
Alter several other witoeyaes had been ezmined, Mr.
Justict. BOSANRIJIT stopped the case ; his Lordship was
••f opinion it wail impo4silole io convict the prisoners. The
Jury roar* a verdict of Not Guilty.
This call,. closed th• Amizes for the County. The Com-
mission at Shrewsbury opens to.a►orrow.

At the Stafford Assizes, an action was brought
by a young woman named Diener, housemaid to Mr.
limn, a medics! mani residing at Barton Underwood,
against Mr. Weise, assistant to Mr. Bluets, to recover
damages for a breach of promise of marriage. The de-
fendant paid such marked attention to the plaintiff as to
attract the notice of Mr. Btacti, who several times spoke
to him on the subject. The defendant declared his inten-
tion to marry the yeung woman, and Come time after he
had quitted Mr. Btaen's service he wrote a letter to her,
in which he expressed his determination of making her
the matron of his family. Some time after writing this
letter, the defendant fixed the time and place for the cele-
bration of the wedding. The defendant did not keep his
appointment, hut, without- assigning any reason, or offer-
ing any apology, broke off the engagement, and married
another person. A witness said, she believed that since
the defendant broke off with the plaintiff she had got ano-
ther sweetheart; but she was not "positive sure." Ver-
diet for plaintiff—.. Damages. 801.
Considerable horror has been excited in
Montgomeryshire, by occurrences relating to the death of
an old man, supposed to have been poisoned by his son !
The facts, we believe are these :—A man named TIBBITTS
aged seventy, living not far from Abermule, was found
dead, Under the same roof lived the old man's son, with
his wife. The father being unable to obtain any rent,
wished his son to quit, but the latter refused. An eject-
ment was served upon him; whereupon he made use ot
expressions intimating revenge against his father. A Coro-
ner's Inquisition at Abermule Inn commenced its sittings
on" view of the hotly on Wednesday week, and was con-
tinued by doily siteceseive adjournments until Monday last,
when the shore facts transpired. The contents of the
stomach of the deceased have been analysed by Mr. Su-
mAx, surgeon, of Newhisro, and found to contain areenic ;
which analysis has, we believe, been confirmed by the
experiineote of Dr, hems, of Garthrbil, and ;41r. Wutr-
Nov, of Shrewsbury. A, paper was found in the honse, con-
taining a white powder, which, when exhibited to the son,
he stated was callotnel, hut which has been reduced to its
metallic state, and proved to be arsenic. The son bite
been identified by a gentleman in Montgomery as having
ptirchased of him this powder, Under the pretence of
destroying 'rats', the paper in which it 1.141 wrapped was
very remarkable, and has been sworn to by the person
who sold the powder. On the third day's inquest the
son, his wife, and her brother, whose name is Wita.tasts,
were detained for further examination ; on the next day
they, were all discharged, but on Monday last the son was
committed to Montgomery gaol, and a further examine,
lien of evidence was to take place before the Magistrates
last night (Thursday). It is reported that rafter the ,leach
of the father the ion abased him !—Shrewsbury Citron-
SPANISH AIiStADA.--PIIILIP bad long
been making preparations foe the invasion of England ;
50,000 men were assembled under the Prince of PARDEA
in the low countries for that purpose; ships wrre built in
all the ports of his dominions. The invincible fleet, as it
was proudly called, sailed at length from the port of Liebon;
but the courage and skill of the English mariners defeated
it; the winds of heaven dispersed end shattered it ; and
but a small portion visited Sptin.- I sent my fleet to
combat the English, not the elements. God be praised,
the calamity is not greater," expressed the real or affected
resignation of Plume; dlifiquit Dens ft distipantur
inimiei," the reel or afreeted piety Of ELIZABZIII,' who
had evinced, in the season of dange?, a spirit worthy of
the greatest of her predeceraers.---ar. Lardner's Cabi-
net Cyclopodia, Vol. IX. ; being Outline: of History.