The Sun.
London, England, 1839-08-09 00:00:00

PRICE 5d

ASSIZE INTELLIGENCE.

ROME CIRCUIT, CROYDOY, AUG. 8.
BLAKE AND OTHERS V. WARREN.

This was an action to recover compensation for the
defendant having wilfully driven his phwton against the
plaintiff, and thereby injured her.
Mr. OGLE appeared for the plaintiff ; Mr. PETERS..
Doarr for the defendant.

In this case it appeared that the plaintiff was the
wife of the toll-keeper at the Merstham•gate, and the
defendant is a surgeon, residing in George-street, Ha-
nover-square. On the 25th of October the defendant
was on his return from Brighton, in his phaeton, accom-
panied by his wife, two daughters, and another lady, and
when they arrived at the Merstham-gate, the defendant
was under the impression that a toll which he had
previously paid, cleared it. The plaintiff, however
told him it did not, and insisted on her being paid the
toll. An altercation took place, and, as was alleged by
the plaintiff's witnesses, the defendant struck his horses
and attempted to drive away, but the plaintiff laid hold
of the horses' bridle to prevent him, and in so doing
was throvvOlovrn, and the wheel passed over her knee,
and one of the horses set his foot upon her chest.
A surgeon was called, who stated that the plaintiff
had suffered a great deal of pain, and spit blood for some
time after the occurrence took place.
The Jury found fur the plaintiff, damages 401.

WESTERN CIRCUIT.—BenzzY, Aua. 5
CROWN COURT.

John Hancock was indicted capitally for an assault
on Hannah Levy.
Hannah Levy stated that she was fifteen years of
age, add that she was going borne from a fair in the
evening, and that the prisoner told her he would protect
her: After they had got a short distance on the road
he took her round the waist and effected his purpose.
She cried "-Murder;"" and when the left her
fora moment to get his hat, she ran to a cottage, which
was about 200 yards- from the spot, and called the
people up, and gave an account of what had happened.
Mr. COCKBURN, having cross-examined the witness
at some length, requested that her examination before

. .......
the Magistrates might he read. It then appeared, that
upon that occasion she bad stated that the prisoner bad
effected his purpose four times, and she also gave a
very different detail of the circumstances..
The LEARNED COUNSEL then asked her if any per-
son had told her to vary her tale ?
The witness not answering this question,
The Learned JUDGE said he should insist upon her
giving an answer, or he should commit her to prison.
After great hesitation, she answered, that some per-
son had so told her.

Mr. Justice COLERIDGE—Now, tell me, who told you ?
Tile witness again remained silent,
Mr. Justice COLERIDGE—Was it your mother?
Witness—Yes.

Mr. Justice COLERIDGE then told the Jury, that
after such evidence they could not convict the prisoner.
The Jury then returned a verdict of—Not Guilty.
His LORDSHIP thin severely admonished both the
witness and the prisoner upon their conduct, and told
the witness, that if any other person than the mother
had induced her to vary her story, he most certainly
should have caused her to be punished for her infamous
conduct in telling so base a falsehood.

John Carlyon, John Williams, and John Dudley.
were indicted for stealing 100 Oysters from an oyster
bed.

The prisoners having been found Guilty,
His LORDSHIP told them, that he did not believe they
were in the habit of stealing, but they had acted very
improperly in taking these oysters. The possessors of
a fishery were as much to be protected as a farmer was
to have his sheep kept from depredators. Believing.
however, that he had three respectable men before him
who would not repeat the offence, he would deal le-
niently with them, and therefore imprison them for six
weeks with hard-labour.

John Bustien was indicted for the wilful murder of
Grace Rusden, his wife.

Mr. Smith conducted the case for the prosecution,
and Mr. Cockburn defended the prisoner.
Alice Truan—l know the prisoner and his wife.
They lived near me. I have seen the prisoner beat his
wife. On the Monday after Whitmonday, between 9
and 10 in the evening, I heard the deceased crying
" Murder" in her house. I went to the house, and a
man broke open the door, and I went in and found
the prisoner knocking his wife's head with his fists
and breaking her head against a piece of wood that
projected from the wall. I saw him through the
window beating her before I went into the house.
Tonkin, who went in with me, took the prisoner by
the collar and pulled him away. I then took the de-
ceased into the air. She complained of her bead. She
had fetched the prisoner from a public-house. He said
he was in liquor, and that Tonkin had been taking advan-
tage of him. He said his wife had pulled him by the
hair of the head. The deceased slept at my house that
night. She had a brtfse on the forepart of her head.
She died in about five weeks afterwards. I saw her
every day till she died. She complained of her head.
During the night the deceased was at my house the
prisoner came and called fur his wife, and said he only
:ranted to put his band upoa her once more, and he
would see her blood.

Cross-examined.—The man was not drunk. I aid
not say anything about the threat of the prisoner before
the Coroner. I did not mention it then, because I
thought it was a bad circumstance, but I had men-
tioned it to other persons before I appeared at the
Coroner's inquest. I persuaded her to go back to her
husband the next day, and she complied with my
wish. I did not suppose he meant to take away his
wife's life.

Joseph Tonkin.—l am a miner, living at St. Agnes,
close to the prisoner. I was at Mr. Truan's when we
heard the cry of " Murder." I just looked in at the
window and saw the prisoner beating his wife with both
fists as fast as he could repeat the blows. Her bead
went to and fro with the motion of the blows against the
post. I then broke open the door and went into the
house. He was still beating her in the same manner.
I stepped in between them and said, " Rusden, do
you want to kill Grace ?" and he swore be would, and
lie struck her twice over my shoulder, and said he
would kill her. I laid hold of his collar, and he
struck me with his fist in the face. • I ien over-
powered him. I then Went out, and saw the wife
lying on the bank with her hands to her head, crying,
" my head." She did not appear to be in a
passion. I saw her frequently before her death, and
she alwa‘s complained of her head.
Cross-examined.--I did not hear bim say, " Yes, I
will kill. her' she has been dragging me by the hair of
my head." He said that he was in liquor, and that I
was taking advantage of him. J believed he had a
little drop too much, but not to be a drunken man.
Henry Doble.—l am a surgeon, and was called upon
to attend Grace Rusden on the 21st of June. She was
in bed. She complained of violent pain in the back
part of her heed. I examined her head. I did not
find any external injury ; she was in a weak low state
labouring under delirium. I was of opinion that the
pain arose from external violence that she had received.
I attended her until her death, on the 29th of June.
Sometimes she appeared to be a little better. After
her death I opened her head ; on removing the skull
there was a thickening of the pericranium. We found
an effusion of the watery part of the brain ; there was
slight extravasation. We found a considerable quan-
tity of pus in the brain. There was an abscess, occa•
slotted by compression, the result of some external act
of violence. Similar results have been occasioned by
a fall on the ice. These things, in my opinion, were
the cause of the death of the woman.
Cross-examined.-1 don't remember saying that she
died a natural death. She had a fever—l might have
said she had typhus fever—water on the brain might
have produced the symptoms I saw. She had been
confined of al still-born child some time before. Such
an abscess might have been formed without external
violence. I have heard the wife was a quarrelsome
woman. I never heard-anything against the prisoner.
Richard Dable, another surgeon, gave similar testi-
mony to that. of the former witness.
Mr. ComuaN then addressed the jury for the
prisoner, first arguing that there was no proof of preme-
ditation or preconceived design, and then that it was a
matter almost of speculative opinion that the death was
occasioned by this external violence.
Mr. Justice COLERIDGE having summed up, the Jury
found the prisoner Guilty of manslaughter..
The Learned JUDGE then, in a very impressive
address, sentenced the prisoner to be transported for
life.

GLOCESTER.—Auaasz 6.

William Bcr diet, d for having felonio9sly
c—s;a;
uttered and put off a certain bill of exchange for 241. 17s.
knowing it to be forged.
The Jury found the prisoner Guilty, and he was
transported for life.

~., •„ i, DISCOVERY OF HUMAN BONES.---Vll ues-
several excavators were engaged opposite the
dTaoy morning
Southwark, in digging up the ground for the
purpose of making a sewer, when, at the depth of six feet,
they came to a large quantity of human bones. The per-
sons to whom these remains belonged must bare been
buried at least four cent uries ago, for Edward the Sixth
granted St. Margaret's Church-yard to the Corporation
of London to erect a Town hall upon the site, and at that
period the church and every vestige of the tombstone in
the burial-ground hid ceased to exist. la consequence of
the vast concourse of persons passing and repassing during
the day, the exposure of the remains occasioned great
crowds to congregate.