The Sun.
London, England, 1863-07-16 00:00:00

CROWN COURT.

A respectable•looking young man, a journeyman baker,
21 years of age, pleaded guilty to stealing a mare worth £2O
at Lis ton, in this county. The prisoner no douLt pleaded
guilty from the hopelessness of the case, owing to the in-
genuity of a police-sergeant named Savill, who captured
him under the following circumstances :

On Monday morning last, about 6 o'clock, a stranger rode
into Braintree, leaving his horse at the Black Lion Inn.
His object appeared to be to sell the animal, and later in the
morning he succeeded in making an exchange with Mr.
Bateman, jun., of the Horn Inn, for a pony and £3 10s. in
money. A third person, who witnessed the transaction,
having slight misgivings as to its bona fide nature, gave in-
formation to Police-sergeant Savill, who forthwith started
in quest of full intelligence. On seeing the horse at the
Horn Inn and hearing from Mr. Bateman the particulars
of the purchase, he was at once satisfied the animal was
worth twice as much as had been paid for it, and conse-
quently suspected that it had been stolen. He immediately
went in search, and succeeded in tracing the man into the
Coggeshall•road. Following in his wake, the officer reached
as far as Blackwater, when he obtained the use of an old
overcoat, slouch hat, &e., wherewith to disguise himself,
and also the assistance of a countryman who was driving
towards Coggeshall. Riding along, Sergeant Gavill by and
by saw, near the entrance to Coggeshall, the stranger whom
he was in quest of on the back of the pony. The officer gave
his companion full instructions as to how far to drive be-
yond the stranger and his pony before he got out, and on
what terms to offer to deal for his purchase, at the same
time bringing the cart in which he sat near the pony's head.
The countryman closely followed his instructions, and at
the precise moment the officer himself remarked upon its
price, &c. Descending from the cart, more minutely to ex-
amine the pony, he inquired of the man how long he had
had it, to which interrogation he replied, "Two or three
months." Tbis answer satisfied the officer as to the nature
of the case, and,when close to the man, he pushed the ques-
tion further by desiring full information, and inquired
whether he had not made an exchange at Braintree that
morning. The man said he had not, and, in reply to fur-
ther interrogation, said he had no name and did not know
where he came from. Thereon the officer collared the man
and disclosed his uniform, at the same time informing him
that he should apprehend him on a charge of stealing a
horse, which he had exchanged for the pony in his posses-
sion. The officer then took the prisoner to Coggeshsll,
where he hired s cart, and, with Mr. Bateman's pony,
brought the prisoner to Braintree. On his way to Brain-
tree it appears that the prisoner made an admission of the
whole transaction.

Mr. Pearce, for the prosecution, called attention to the
proloptnesss and ingenuity displayed by the police officer.

The learned Baron said the same observation had occurred

to him on reading the depositions, and he was happy to
have it mentioned, as he thought the officer had done
his duty in a very praiseworthy manner. The learned
Judge then sentenced the prisoner to a year's imprisonment.

Francis King, alias George Smith, was indicted for steal-
ing a horse, the property of his father and brother. On ac-
count of their near relationship the case was of a painfu

character.

Mr. Martin conducted the case for the prosecution; Mr.
Croome, appeared for the defence.
The horse, which was only worth £5, was the joint pro-
perty of the prisoner's father and brother (who were in part-
nership as tinmen), and who were the chief witnesses against
him. The horse had been turned out on the common at
Bentley, in this county, in March l.ist, and was found soon
afterwards in the possession of the prisoner, who made false
statements about it.
The father, an old man, was quite bowed down, and ap-
peared to give his evidence with great pain. Ho was called
to prove that he had not given the prisoner the horse. Be-
ing pressed by the prisoner's counsel as to a supposed con-
versation in which it was suggested that he had stated that
he had given it to him, he fell down in the box—a piteous
spectacle, trembling all over. After a little interval, during
which he was revived by water and allowed to sit down, he
recovered so far as to be just able, in a weak voice, to answer
the few further questions it was necessary to put to him; and
his answers were to the effect that he had not given the
horse to the prisoner, who, when taken, said ho had bought
it of his father, and did not know where he was ; and after-
wards said he had bought it of his brother, and then of his
brother-in-law, and then that he had it of his brother-in-
law for work he had done for him.
The jury found the prisoner Guilty, and they also con-
victed him upon an indictment for burglary.
It appeared that he had been already convicted of some
similar felony and sentenced to four years' penal servitude,
and had committed these fresh offences as soon as he got
released.
The learned Baron sentenced him to 14 years' penal
servitude.

Wm. Wootton, a letter-carrier at Romford, was indicted
for stealing postage stamps from a letter to the value of 4s.
10d.

Mr. Hurrell and Mr. C. Pollock appeared on the part of
the Poet-office, which prosecuted; Mr. Pearce appeared for
the prisoner.

The prisoner was employed as an assistant letter-carrier
at 9s. a week, and suspicion having arisen he was watched
A letter containing the stamps stolen was put into the post-
office, addressed to Messrs. Ind and Coope, the well-known
brewers at Romford. The letter had come into the hands of
prisoner, who never delivered it, and the stamps were found
upon him.

He now pleaded guilty.
The learned Baron sentenced him to the usual punish
ment in such cases—four years' penal servitude.

NORTHERN CIRCIIIT—Yogi, July 14.
CROWN COURT.
(Before Mr. Justice Mellor.)

Michael Egan, aged 27, and William Simpson, aged 29,
were indicted for the manslaughter of Samuel Land: at
Batley, near Leeds, on the 20th of June last.
Mr. Maule and Mr. Battye prosecuted, and Mr. Kidd de-
fended the prisoners.
The prisoner Egan was deaf and dumb, and unable to be
made to understand the proceedings against him. By signs
he signified to his brother tlt it was not he who did it, and
his lordship having had the jury sworn to try whether the
prisoner stood mute of malice or by the visitation of God,
they found the latter, and a plea of not guilty was directed
to be entered for him.

The prisoners it appeared were navvies, and were drink-
ing in a publichouse at Batley on the afternoon of the day
in question, when some one said that Egan, the deaf and
dumb man, could fight any man in Batley. The deceased
(Land) said he thought not, and Egan by signs was incited
by the prisoner Simpson to fight Land. Land waved him
off, and told Simpson he did not wish to fight, but at length
Egan struck him, and then Land said he could not stand
that, and the men began to fight; in the course of a scuffle
Egan contrived to knock Land down, and in his fall he so
injured his head that he died soon after in consequence.
The jury found both prisoners guilty, but recommended
Egan to mercy on account of the natural disabilities he
laboured under.

His Lordship, in passing sentence, said he should listen
to that recommendation. He thought there wa. a difference
in the case of a man set to fight who was not able to hear
what was said about him, and of a man in full possession of
all his faculties, who urged on such a man to fight. The
sentence of the Court was that Egan be imprisoned with
hard labour three calendar months and Simpson six calen-
dar months.
John Crossland and four men named Davies, Barrett,
Calcraft, and Reinham were indicted for wounding with
intent to maim or disable or do some grievous bodily harm
to a policeman of the West Riding, named Houlton.
Mr. Maule and Mr. Whittaker prosecuted ; Mr. Campbell
Foster defended the last four prisoners, and Mr. Serle the
prisoner Crossland,
It appeared that on the 22d of June last a prize fight had
been got up at Wakefield between two men named Hobson
and Bushby, which was arranged to be fought at two
o'clock next morning in some meadows about a mile out of
Wakefield. There the pugilists and their friends proceeded,
a ring was staked out, and the men began to fight, Cross-
land being the second of one of the men and Davies a
bottle holder, They had fought about three quarters of
an hour, when a policeman in plain clothes, named Houl-
ton, accompanied by an Inspector of Police named Coop,
entered the meadow and proceeded to the ring, and
Houlton, putting his hand on one of the stakes attempted
to pull it up, saying at the same time, " Now, lads, give
over this." There was a cry of " The Bobbies are com-
ing," and instantly Holton was told by Crossland to leave
go of the stake, and with the stake was struck a violent
blow on the back of the head, which rendered him insensible
for some time. As he was on the ground a bottle like a
ginger beer bottle, which contained brandy, and which had
been in the hands of Davies; was thrown at him and broke
on his head, and while down Barret took a running kick at
him and kicked him in the ribs, and Calcraft had a short
stick with which there was some evidence that he struck the
prosecutor on the arm. The prisoner Reinham also used vio
lence. The crowd, which amounted to about 150 people, then
dispersed, and Houlton was taken home and put to bed.
He was found by the surgeon, who was sent for, in a weak
state, a severe scalp wound on the back of his head from a
blow which had fractured the skull, and which moat pro-
bably had been caused by the heavy stakes produced, but
which might have been done by a bottle, but he thought
not. There were other bruises about him, but no wounds.
It was contended for the prisoners that they had no com-
mon intent to wound the constable, and that each must be

responsible for his own act only ; and for the four prisoners
last named it was urged that the injuries they might have

inflicted were bruises and not wounds, and under this in-
dictment they ought nut to be convicted. For Crossland it
was contended that it was not satisfactorily proved that it
was he who struck the blows which wounded the prosecutor.
His Lordship, having summed up, directed the jury thct
if they thought a common purpose sprang up on the instant
to prevent the constable stopping the fight, as the prose-
cutor had unquestionably been wounded, they would be all
equally guilty; but if there was not a common purpose to
wound the prosecutor as he had been wounded, they might
find one guilty of the felony who had inflicted the wound,
and the rest guilty of unlawfully wounding, or they might
find all guilty of unlawfully wounding, if they thought they
had a common purpose, and had none of the intents laid in
the indictment. If they thought the prisoners had not a
common purpose to injure the prosecutor then each man
was answerable only for what he did, and a wounding by
each must be proved to convict each.
The jury found all the prisoners guilty of unlawful
wounding.
His Lordship sentenced them each to nine calendar
months' imprisonment with hard labour.
In the civil court to-day two causes were tried of no kind
of interest to any one but the parties concerned, ono cause
being whether certain piece goods were delivered according
to contract, and the other whether five per cent. or 7 per
cent. had been agreed upon as the amount of interest to be
invested in a mortgage deed, the plaintiff and his witnesses
swearing direcly contrary to the defendant and his wit-
nesses.

MIDLAND CIRCUIT—NoRTHA.mrToN, July 14,
NISI PRIUS COURT.
(Before Mr. Justice Williams and a Common Jury.)

BRAY V. THE HON. W. FITZWILLIAM AND ANOTHER.

This was an action for an illegal distress, and which,
from the number of points relating to the law of landlord
and tenant involved in it, was of considerable interest to
the legal profession.
Mr. Sergeant O'Brien and Mr. Beasley appeared for the
plaintiff, and Mr. Boden, Q.C., and Mr. Field for the de-
fendant.

The plaintiff is a turner occupying a house and also a
shop, held by distinct agreements of the Hon. W. Fitzwil-
liam. At Lady-day, 1863, the defendant became indebted
to his landlord for half a year's rent of the house, amount-
ing to £5, and in a further sum of £3 15s. for half a year's
rent of the shop. Soon after the rent became due Mr. Fitz-
william directed the other defendant to distrain upon the
premises in respect of th© rent so due, and it was out
of the distress made upon that direction that this action
arose.

The plaintiff contended, as to the shop, that the defend-
ants had seized tools of trade when there were other articles
unprivileged which were available and sufficient for the pur-
poses of the distress, and that they had also seized tools
which were in actual use at the time of seizure ; while, as
to both house and shop, it was suggested, though not very
strongly urged, that the landlord, having by notice in
writing appointed a day for the payment of the rent subse-
quent to that on which the rent actually fell due, and also
subsequent to that on which the distress was actually made,
had precluded himself from resorting to his remedy by
distress until after the capita' ion of the substituted day by
payment.
For the defendant it was alleged that the notice in writ-

ing to pay the rent on a subsequent day had not been given
to the plaintiff, and was not intended for him, but had been
left with a neighbour of his, who held under the same land-
lord, from whom the plaintiff had obtained it. It was sub-
mitted that there was no sufficient distress upon the pre-
mises without seizing the tools of trade, because certain gas
fittings relied on by the plaintiff as available for distress
were fixtures, and so exempt from seizure. Lastly, it was
contended that the tools of trade alleged to have been
seized while in actual use were not protected, because they
were merely lying upon a lathe at which the plaintiff was
working, and were not actually in his hands at the time of
seizure.

His Lordships placed the different points of law distinctly
before the jury, who found, first, that the gas•fittings were
fixtures, and were not available for distress ; secondly, that,
excluding these gas-fittEngs, there was no sufficient distress
upon the premises without seizing the tools of trade not in
actual use ; and, thirdly, that the bailiff had seized other
tools of trade in actual use at the time of seizure ; and they
found a verdict for the plaintiff upon the last point, with
40s. damages.
Mr. Boden obtained leave to move the Court above on
behalf of the Hon. W. Fitz william, on the ground that he
was not liable for the wrongful act of the bailiff in seizing
tools of trade in actual use, such seizure being wholly un-
authorised by him.

COUNTRY MARKETS.

,~.

LYNN-TUESDAY.

At to-day's corn market the show of wheat was small,
and there was a slow demand at scarcely so much money as
last week for all but the best sorts.

White ..46s to 50s j Barley. ....30s to 34s
..438 to 47s I Grinding ...... ..288 to 29s

Beans .36s to 400 I Oats " .2os to 24s
New —s to —s I Peas —s to —s