The Sun.
London, England, 1863-12-05 00:00:00

ASSIZE INTELLIGENCE,

MIDLAND CIRCUIT.—WARWICK, Dec. 4.
Baron Martin took his seat in the Crown Court at 10
o'clock this morning, and proceeded to try
Charles Beere and Henry Beere, who were indicted for
the murder of Charles Plummer. The prisoners also stood
charged with the same offence on the coroner's inquisition.
Mr. Edwin Bennett and the Hon. E. Chandos Leigh con-
ducted the prosecution; and Mr. Fitzjames Stephen de-
fended the prisoners.

It appeared from the evidence that the deceased, who was
67 years of age, and who is well known at Warwick, where
he has lived for many years, was staving on a visit with
his nephew, Mr. Thos. Ricketts, who is a farmer at Fenny
Compton, in this county. On the evening of Sunday, the
18th August, the uncle and nephew were walking in a field
belonging to the latter, called the Second Ground, through
which a public footpath runs, on which the prisoners were
walking. Mr. Ricketts had a small terrier with him, which
ran towards the prisoners, but did not bark at or offer to
bite them. The prisoner Charles made use of a coarse ex-
pression, whereupon Mr. Ricketts told him to go on and
not speak in that way. The prisoner Charles then said,
" Who are you ?" Mr. Ricketts said, "I am the occupier
of this field and the parish constable, and if you don't go
on, I will have you taken up for being drunk and disor-
derly." The prisoners appeared to have been drinking.
Charles Beere then said, "I'll let you know whether I am
drunk, and whether you are the parish constable," and
raised his fists in a threatening attitude. Henry Beere got
before his brother Charles and tried to stop him, saying,
"You shan't strike him." Charles, however, got past his
brother and struck Mr. .Ricketts on the head, who there-
upon seized the stick—a common oak hooked walking stick
--which the deceased, who was lame, carried to assist him
in walking, and knocked ,Charles Beere down with the
hooked end. After he was down Mr. Ricketts struck him
again once or twice with the stick, and Charles Beere said,
" Don't hit me while lam down." The deceased also in-
terfered, and said, " Don't hit him any more." Mr. Ricketts
then desisted, and the prisoner Charles got up and rushed
at Mr. Ricketts again, but was a second time knocked down
with the stick. He got up and made at Mr. Ricketts a third
time, who again struck him with the stick, which however
broke in two, Charles Beere and Mr. Ricketts then closed
with one another, and after striking a few blows both fell
to the ground. Mr. Ricketts got uppermost, and, kneel-
ing on the chest of his antagonist, caught him by the throat.
Charles Beere then said to Henry, " Why don't you go
into him ?" Henry replied, "If you can't go into him I
can," and began to kick Mr. Rickett4. Charles also get
free, and then both prisoners beat and kicked Mr. Ricketts
for some time as fast as they could. During all that time
the deceased took no part in what was going on beyond
begging the prisoners not to kick his nephew. Mr. Ricketts
at last with some difficulty got away fron► the prisoners and
ran towards his farm buildings, which were about a quarter
of a mile off, the prisoners pursuing him as far as the stile
leading into the next field. On his way to the farm build-
ings Mr. Ricketts met his servant, Wm. .Ricketts, whom he
sent to take the teen up, while he also sent a little boy for
the policeman, and himself went into the house to wash his
face. In the meanwhile Wm. Ricketts went towards the
scene of the affray, and on arriving within about 160 yards
he saw Henry Beere with his hands round Charles's waist
trying to pull him back. When he got to a distance of about
70 yards the prisoners ran away, and on going nearer he
found the deceased lying on the ground and covered with
blood, Mr. Ricketts and the policeman then came up, and
the three went in search of the prisoners, leaving the other
people who had also come to the spot to carry Mr. Plum-
mer into the house. They found the prisoners near North
End, about half a mild from Fenny Compton, and charged
them with the assault. The prisoners said they were going
from North End to Fenny Compton, and on being taken
into custody began to cry. They were then taken back to
Fenny Compton, and driven to Southam in a cart, and on
their way Henry Beere said, " You know, Charles, if you
had been ruled by me and had not kicked the old man we
should not be here." Charles replied, " I know that; I have
got in, and must get out the best way I can." The prisoners
were then left in the Southern lock up. In the meanwhile
Mr. Plummer was attended by Mr. Elkington, of Fenny
Compton, who found him with his face covered with blood,
which was flowing from his mouth and nose, and in a very
exhausted state. On the Monday morning he was unable to
speak ; he became unconscious about the middle of that day,
and died the following morning at 3 o'clock. Afterwards,
on ►he same day, the policeman at the lock-up told the pri-
soners that Mr. Plummer was dead, whereupon the prisoner
Henry said, "If my brother Charles had been ruled by me
this would never have occurred. I held him back with all
my might, but he got away. I never touched him." The
policeman said, " Who do you mean by him?' " He re-
plied, " Mr. Plummer." Charles said, " That is quite
right; ho never touched him." At this time Charles was
crying bitterly. Mr. Elkington made a post mortem exa-
mination of the deceased, in conjunction with Mr. Ebbage,
of Leamington, when it was found that externally the head
and face were severely bruised. There was a wound over
the right parietal bone, and the scalp was torn from the
head for some little distance round the wound. There was
a similar wound on the other side. There was a wound on
the right temple and another on the left of the forehead.
The bridge of the nose and a portion of the bone over the
left frontal sinus were broken down and driven in. One
tooth also appeared to have been driven in. On opening
the head there was found an effusion of serum, and in the
left hemisphere of the brain a large clot of extravasated
blood, weighing upwards of two ounces. That, in the opi-
nion of the surgeons, was the cause of death, and was occa-
sioned by the external violence. The chest was examined,
and three of the ribs were found to have been broken. The
other organs of the body were all healthy. The wounds
were such as might have been produced by kicks with a
boot. The left boot of the prisoner Charles was examined,
and a gray hair was found on the tip of it, corresponding
with the hair of the deceased.

At the close of the prosecution Mr. Stephens submitted
that there was no case against Henry Beere ; and
For
Lordship at once so ruled.
_Fe
of
the other prisoner it was contended that the case was
Zuni! taausla ughter, and not of murder. The man was
eeet.ed and excited almost to madness by the blows he had
knewa ' had, under circumstances which could not now be
the
eitue, nuodzo_ubtedly been guilty of the violence which was
an absearal Jar. Plummer's death. There was, however,
the puede, aro` any cause whatever for that violence except
went inflicted :1861150 in the prisoner by the severe punish-
undertaness the crime had been held to
similar it hira• A case was cited to prove that
amount to manslaengh
His Lordship, ia allt only.
ill.win
oorztaChuarlea Plummer was the con-
they believed the killililmi!lg up, directed the jury that if
, and that he mid teheeet the prisoner then had in
Thos. Ricketts and
sorter
c:i
usti sequence
nitnoc
coolmind towards ot
of w any
a betweenrd s him,his
at hat was time for the pri-
tithe afterwards inflicted
act
pe
his violence to the deceased
prisoodue,r,the offence would
had received
the wounds to which the deceased
nottratthe the
result tfoormeguorndeeri.H.lßviunt,
aifntdhemalice,
bast
under the immediate influence of the blowawhaes
from Thomas Ricketts, without time to cool,
and from
natural depravity of a man smarting under the injuries the
he
had sustained, that would only amount to manslaughter,
The jury almost home liately found the prisoner
Charles
r
Beere guilty of manslaughter; and his lordship, afterre.
marking that, although in his opinion the offence was Than.
slaughter only, and not murder, yet it approached so near
to the dividing line between those two crimes as to require
the most severe sentence the law permitted,
.sentenced the
prisoner to penal servitude for life.
The other cases.disposed of to-day Were of no public in-
terest, and concluded the business of the assizes for this
county.
The commission day for Leieesterlis Monday, the ith inst,

HOME CIRCUIT.—HEREFORD, Dec. 4.
CROWN CouRT.
(Before Mr. Justice 'Williams.)
The learned Judge this morning chlrged the grand jury.

The calendar contains the names of 25 prisoners, in 14 casea,
In three cases there are three prisoners jointly charged, and
i n one (a caseyesterday,
of fowl
therei
stealing)sn
oa
cnots eof homicide
l ese than x. A
a (thoughmen-
tioned
there is one of attempt at suicide), and the cases are mostly
of an ordinary character. The only cases at all remarkable
are the case of night poaching, in which three prisoners were
charged : a case of stack burning, in which three prisoners
were charged ; a case of maliciously setting fire to farm
buildings, with intent to injure--a case in which also three
prisoners were charged; a remarkable case of burglary in
the house of the Hon. and Rev. W. Chetwynd Talbot, at
Hatfield ; a case in which the robbery (of plate worth £600)
is said to have been committed by the butler.
The learned Judge, in charging the grand jury, adverted
to this case, and recommended them to be very particular in
observing the evidence as to the footprints remarked on the
hoar frost found in the garden path both to and from the
house, and told them especially to observe whether the foot-
prints in both directions were the same. The case for the
prosecution is that they were, and that the butler, with a
view to divert suspicion, took the plate basket and put it in
the garden, where it was found, according to the depositions,
dry, although a hoar frost covered the ground all around
and made the footprints quite conspicuous.
The first case tried was the night poaching case.
Two men, described as labourers, one named Hankin, 36
yeara of age, and tho other Garrett, 23, with a youth named
Scales, 17, were indicted for being together armed with guns
on land belonging to Mr. Puller, M.P., at Thundridge, in
this county, for the purpose of taking and destroying game,
which by the late Poaching Act includes rabbits. They
were also charged with an assault.

Mr. Woollett was for the prosecution ; Mr. Codd for the
defence.

At 2 o'clock on the morning of Sunday, Nov. 22 last,
two keepers saw the prisoners in a lane coming from a wood,
the property of Mr. Puller, and attempted to apprehend
them. They seized Garrett, who had a gun. A scuffle en-
sued, in which happily the gun having been already let off
and not reloaded the keepers secured him. The other two
ran away, but were taken in the evening at a public-house.
The night, the keepers said, was " middling ; misty, but
moonlight ;" and they both swore to their identity. On
searching Garrett there were found upon him six snares, or
wires for snaring rabbits, a powder pouch, with powder,
and a rabbit, which, having been stuffed, was produced in
court amid much laughter. Near the place where the men
were seized many fresh pheasants' feathers were found
lying scattered on the ground. On searching liankin's
house a gun was found which appeared to have been
recently fired, and which he at first said had not been
fired for six years, or six months, and then that it had not
been fired since "the last currant season." Garrett, when
before the magistrates, said, " I suppose the keeper will say
I hit him on the head with the gun, but I was not within
three or four rods. I was in the lane and ran after the
others. I ain't done much amiss as I know of. The rab-
bit I had I had given to me, which I can call a witness to
prove," but which witness was not called. Hankin said,
"We were all in the lane. The keeper came and clawed
hold of me, and said, 'Oh 1 it is you, is it ?' While we
were scuffling up and dowa one of my mates came and got
me off. The keepers swear I had a gun, but that is false,
for it was in my coat pocket and he could not have seen it.
When we were running down the lane it dropped out of my
pocket." Scales said, " I was not there and have nothing
to say." No witnesses were called for the defence, and at
the close of the case for the prosecution,

Mr. Codd submitted that there was no case for an assault,
because the keepers had no right to seize the men in the
lane ; and he cited a case to that effect, but
Mr. Woollett said, under the late Act men might be
seized anywhere.

The learned Judge said, there was no necessity to deter-
mine the point at present, nor unless the jury should acquit
the prisoners on the graver charge,
Mr. Codd, having addressed the jury for the defence,
especially as to Scales, urged that there was doubt as to
identity.

The learned Judge then summed up the C3BO very care-
fully, and rather favourably as to Scales,pointing out, how-
ever, that it was not essential, to convict the other two pri-
soners, that they should be satisfied as to his identity, sup-
posing they were satisfied that some third person was:with
them, even although he was not Scales. The essence of the
offence was in three persons being together at night, armed,
and with intent to take and destroy game or rabbits. If they
were satisfied that the two men were there with some third
man with that intent, then they should convict them of the
main offence, whether they were satisfied as to Scales or
not; and if they were there with some third person it
could hardly admit of question under all the circumstances
that they were there with the intent charged. There did
not appear to be any doubt that three men were there; the
only serious question appeared to be whether Scales was
one of them.

The jury consulted a considerable time, and at length
they found the two men guilty of night poaching ; and as
to the youth Scales they said they thought " the evidence
Was not sufficient"—in other words, they found him not

Mr. Woollett said it was believed, on the part of the
prosecution, that Hankin, who was an old offender, had led
the other prisoner into the mat ter.
The learned Judge said there were circumstances in the
cases which he should wish to consider before passing sen-
tence, but he begged to intimate that he should not consider
the fact stated, without evidence, that the prisoner Han-
kin was an "old offender," and the learned counsel would
forgive him for saying that he thought he had said it rather
iaconsiderately.
Mr. Woollett apologized, and acknowledged that the
words had escaped him without reflection; his object,
however, having been not to aggravate the case as against
Hankin, but to mitigate it as against Garrett.
These observations aro deemed worth reporting as worthy
of the attention of magistrates, who are a little too careless
sometimes in allowing prosecutors or police to describe pri-
soners after conviction as "old offenders." The law, it
should be stated, makes proper provision for the legal
proof of previous convictions, and in the very next case—in
which three prisoners, of whom one was named " Robert
Peel," pleaded guilty to a charge of maliciously setting
fire to farm-buildings, and the records of the previous con-
victions were produced, and the prisoners acknowledged
their identity—their sentences were postponed.
A youth named Gravestock, only 16 years of age, pleaded
guilty to a charge of burglary in a farmhouse, where he
was servant.

Mr. Tayler prosecuted.
The learned judge sentenced the prisoner to a year's im-
prisonment.

WESTERN CIRCUIT.—WiscniEsTFat, Dec. 3.
(Before Mr. Baron Pigott.)

Valentine Bambrick, a soldier, and Charlotte Johnson,
spinster, without occupation, were indicted for violently
assaulting, Henry Milner Russell, and stealing from his
person four medals, of the value of 305., at Aldershot, on
Nov. 15.

Mr, H. T. Cole prosecuted.
It appeared that the prisoners were standing at the door
of a lodginghouse in Pickford-street, Aldershot, at night,
on Oct. 16. Russell, who was lance-corporal in the com-
missariat department, came up. Bambrick asked Russell
to drink, and he took some beer out of his pint. They then
went into Russell's room, who lodged in the house, and
Russell said he would stand some beer, and ho was in the
act of giving the female prisoner some money to get the beer
when Bambrick seized him by the throat, throw him on the
bed, and tore from his breast four silver modals, one for the
Punjab, one for the Sutlej, and one for the Crimea. Russell
called " Murder," and his cries were heard by some of the
other soldiers, .who rushed in and took Bambrick from off
Russell, and he was conveyed to the guardhouse. Two of
the medals were afterwards found in the passage, Russell
was insensible, having been nearly choked.
Bambrick made a long address to the jury. He stated
that he had been in the service 10 years, and would have
been discharged the day after the occurrence. He had a
pension of £lO a year, and, what was dearer to a soldier
than any other medal, a Victoria Cross but ho would tell
the jury the real facts. On that night, as ho was walking
with the female prisoner towards this house, in which she
also lodged, he heard cries of "Murder." He hastened
and ran into the house, and saw a girl named Hayley
coming out of Russell's room. She was crying, and said
that Russell had beaten her and nearly strangled her. He
went into the room and struck Russell, and they had a
struggle together, and then the soldiers came in and took
him up. These facts he could have proved on the first day
of the assizes, because then Hayley was in Winchester, but
as she was what was called an " unfortunate," she could
not afford to remain in Winchester,

The learned Judge having summed up,
The jury found the prisoner guilty.
Tho Judge said he should defer passing sentence till the
morning.

Bambrick—lt is of no consequence what you do now. I
don't care about losing my pension ; but I have lost my
position. I don't care what you do with me. You may hang
me if you like.

This morning his Lordship passed sentence. He said,—
Valentine Bambrick, I don't kaow that I ever had a more
painful duty than in considering your case. I have felt
great anxiety about it, and have considered everything you
urged in your defence ; but the evidence which satisfied the
jury has satisfied me, and it does appear to me to be as clear
a case as ever was tried. You say you had a witness, and
that witness might have put some other construction on
the matter. If you had made an application to have your
trial postponed, I should have been the first to listen to r. you
application, and I can't help thinking, from the intelligence
you displayed, you must have been aware that you could
have made such an application. I am bound to say that I
don't think any witness could have altered the facts. You
were found in a deadly struggle with another man. He was
under
you, and witness said that when he found you Russell
theH woman lodged. was almost choked and suffocated by the pressure of your
hand on his throat. It is perfectly clear he was robbed of his
medals, and some of them were found at the house where
How did they How could they have come there ?
you have exhibited great gallantry and great
°erne from the breast of Russell ? I have
no doubt
courage, and have well entitled yourself to the Victoria
Cross. Had it notbeen for your character, I should have put
you to perponal castigation, but, as it, is,
in force the provisions of a recent statute and subjected
I deal with your

case with great regret. I should have been delighted if the
jury could have seen their way to a doubt. 1 believe that
you must have been under the influence of drink, for there
was no adequate motive for your act, for the medals are only
of trifling value. Your punishment must be very severe.
It must be penal servitude for three years. With regard to
you, Charlotte Johnson, you took a very subordinate part in
the affair—

Bambrick, holding up the girl's hand, "Look at this
small hand, my lord; it is absurd to suppose she could
have done much against a strong man. She was merely in
the room."

The Judge—l say she only took a subordinate part. I
shall not punish her so severely as the male prisoner. She
must be imprisoned, with hard labour, for 12 months.
Bambrick—There won't be a bigger robber in England
than I shall be when I come out.

William Samphee:and John Martingdale were indicted
for maliciously wounding Charles Baker, with intent to
murder him, on the 23d of July, at Farnham.
Mr. Machonochie was council for the prosecution.
It appeared that on the 23d of July Baker,being the master
of a small vessel called the Archimedes,was proceeding in the
evening to his vessel which was laying at the quay, when the
prisoners came up to him and said, " You are a policeman."
Baker said he was not; he belonged to the little vessel on
the quay. They walked on fur a short distance, and then
returned, one of them having an iron bar. They said,
" Let's do for the old --- and throw him overboard,"
and they then struck him on thu head with the iron bar and
knocked him senseless to the ground. The mate, hearing a
noise, came on deck, and saw Baker lying senseless on the
mud. Baker did not come to his senses till the next morn-
ing. He then went with a policeman to a vessel called the
Rose, which was lying near the Archimedes, and he then
picked out the two prisoners, and they were then appre-
hended. Samphee said they should not have done it if
Baker had not tried to stab them.

The jury found SampLee guilty, and acquitted Marting-
dale.

The learned Judge then sentenced Saraphee to be kept in
penal servitude for ten years,

George Fry was indictod for assaulting MaryYatcs with
intent to murder her.

Mr. Beetham prosecuted; and Mr, H. T. Cole defended
the prisoner.
Mary Yates—l am a housemaid in the service of the Rev.
Mr. Lewis. The family went to church on Sunday morn-
ing the 29th of November, shortly before 11. I was the only
person left in the house, and the doors were locked. There
was a knock at the door. I went to it and asked who was
there. The answer was " Me." I knew it was the voice of
the prisoner, who was coachman in the family. I let the
prisoner in. He followed me into the back kitchen. He
asked what made me look so cross P I said, because he was
in my way. He went away and returned shortly with a new
silk dress, which he offered me. I told him I did not want
it, as I had plenty of dresses, and it was left on the kitchen
table. I went into the dining-mom to look to the fire ; the
prisoner came t..) me. I asked him what ho wanted ; he made
no answer and went away—he returned with a table-knife
in his hand, without his coat. He shut the door with his
back. He then took me by the right shoulder and pointed
the knife at my side. He said he had been waiting the op-
portunity, and now he would do it. I told him he often said
when he did an evil thing the devil had got the upper hand
of him, and he had got the upper hand of him then. I asked
him to put down the knife and he put it on the chair. 1
tried to get out of the door, but he told me to stay. At last
I got out and went into the kitchen. He followed me with
the knife in his hand, which he put on the table. I tried to
get out of the kitchen, but he would not let me go unless I
would promise not to tell a living creature. I told him I
would freely forgive him. I left the kitchen and got into
the garden. He followed use and was much excited, and
said he was a ruined man. I remained in the garden till
the family returned from church. He never courted me,
and we had no quarrel,
A policeman said—l apprehended the prisoner on the 29th
November. I told him the charge was attempting to kill
the young woman. He made no answer. On the road to
the station ho said she was a girl he would not hurt a hair
of her head—ho supposed it was lowness of mind that made
him do it.

Mr. Cole here said the prisoner would plead guilty to an
assault, He was a man of very good character, but seemed
to be in love with the girl.
The Judge said there was not attempt to kill he supposed.
The man was in love with the young woman and did
not know what to do. He asked the prisoner if he was dis-
posed to act properly in future.
The prisoner said be was, and he was then bound over
to keep the peace for 12 months.

NORTHERN CIRCUIT.—DuItuAm, Dec. 3,
Mr. Justice Wightman opened the commission here yes.
terday, after which his lordship attended Divine sbi vice at
the Cathedral.

The calendar contains the names of 12 prisoners charged
with various offences. The bills against several of them
were ignored.

His lordship sat this morning at 10 o'clock for the trial of
prisoners, and charged the grand jury.
Thos. Grant was indicted for a rape on Margaret ID:s-
-lop, at Billingham, on the 3d October last.
Mr. Davison and Mr. Fowler prosecuted, and Mr. Camp-
bell Foster defended the prisoner.

It appeared that on SAturday night, the 31 October, the
prosecutrix, who is a married woman with six children, was
going from Port Clarence, where she lived with her hus-
band, to Middlesborough, to make her marketings, about 7
o'clock at night. It was dark, and she had to pass along a
broken piece of road, over which there was a plank to walk
on. She, being short-sighted, asked a man whom she saw
near to assist her over the plank, as it was so dark she could
not see it. He said, " Yes, ma'am, I will," and did so.
She had never seen him before. He then walked alongside of
her for some time, and, passing a publichouse, asked her if
she would go in and have anything to drink. She declined,
and said she was obliged to him. They walked on, and he
asked her if she was married, and where her husband
worked, and when about 150 yards past the public house on
the path, which is there on the railway embankment, and
is very steep, the man suddenly turned round, took liberties
with her, attempted to throw her down, and both fell and
rolled over and over to the bottom of the bank, where, in
spite of her cries and struggles, he committed the offence con-
plained of. Two persons coming that way heard her cry, " Oh
dear, that Irishman." The man had then run away. Her bon-
net and dress were torn and covered with mud, and she
was much bruised. The man, of whom she gave a descrip-
tion to the police, she swore was the prisoner, who is an
Irishman, and was engaged as a workman on some new
houses building there. One of the persons who came up
had seen the man assisting her over the plank, and he also
swore that the prisoner was the man. There were other
circumstances tending to establish his identity.
The defence was that, supposing the jury to be satisfied
that the offence charged had been committed, the identifi-
cation of the prisoner as the man who had committed it was
not satisfactorily established, as the night was admitted to
be dark, and neither of the witnesses who had spoken to the
prisoner knew him before. It appeared, also, that upwards
of 400 workmen, many of them Irishmen, were employed at
a beast furnace close to the place where the offence was
alleged to have been committed, many of whom were dressed
similarly to the prisoner.

His Lordship having left both points to carefully to the
jury,

The jury retired, and on their return found the prisoner
guilty. _ _ _

His Lordship said the case, from its circumstances, was
one of great aggravation, and for this offence, not many
years ago, the prisoner Would have been sentenced to death.
The sentence of the Court was that he be kept in penal
servitude for 20 years.