The Sun.
London, England, 1862-12-16 00:00:00

ASSIZE IN2ELLIGENCE.

CHESTER CIRCUIT.----CHESTER, Deed 15.
When the grand jury had concluded their duties
the foreman waited upon Mr. Baron Bramwell to
present a memorial with reference to the present
system of criminal punishment. The presentment
(which was of a similar character to those recently
made by grand juries) being handed to his Lord-
ship, he said :—Gentlemen,—The topics touched
upon are most important. With respect to the
ticket-of-leave system one cannot help making this
remark, that the sentences might be carried out
literally, and yet the ticket-of-leave system be ap-
plied. For say, if a prisoner is sentenced to four
years' penal servitude, if he does not conduct himself
well, let it be increased to six years. The system
would in that case be deterring enough in one sense,
where a man knew he would get one or the other
term according to his behaviour. We ought not,
gentlemen, lightly to condemn that which we know
has been very much approved by those who have
devoted a great deal of thought to the subject, and
which, it is said, has been very successful in Ireland.
As to transportation, it is by no means certain that
it would retain the terrors it had among the people
20 years ago, because emigration is so common that
I suppose there is not a village in England where
an inhabitant has not some relative abroad, and
education is so much more spread, There used to be
a sort of terror of going to live among wild beasts
and savages, but now the prevailing idea seems to
be of going to goldfields: lam not at all sure that
it is the same severe punishment that it was, No
doubt, if you transport them you get rid of them,
and so you would if you hanged them, but there is
something better than either of these. But, as I have
said before, I do not presume to offer an opinion on a
matter of such extreme difficulty. I think we ought
to guard against hasty legislation. There is one
thing, however, upon which I have a clear opinion,
which is this—that while men undergo sentences
of penal servitude, it does not deter the danger-
ous classes of the population; it might be inferred
that the warning should deter poor wretches who
were drifted into crime ; but as to the trained rogue
he would look upon it as a bad venture, one that he
makes a sort of profit and loss account of, so to
speak, and makes up for the loss when he comes out
of confinement. I will forward your presentment
to the Secretary of State.
It having been announced that the case of the
Birkenhead rioters would take place this morning,
the Shire-hall was occupied to a considerable ex-
tent by a strong body of police from various parts
of the county. There was also a company of the
49th Foot quartered in the barrack adjoining the
Court, in readiness should their services have been
necessary.
His Lordship, however, decided to take all the
charges remaining on the calendar before the Bir-
kenhead case, as it might occupy some days. Con-
sequently,W. Dixon, 21, railway clerk,was indicted
with knowingly, wilfully, and feloniously sending
to George Walker a certain letter, without name or
signature thereto subscribed, threatening to kill
and murder him, the said GeorgeWalker,a subject
of her Majesty, then and there being at acclesfield
on the 31st July last.
Mr. Walker was the goods agent of the London
and North-Western and North Staffordshire Rail-
way Companies at Macclesfield, and the prisoner,
who was respectably connected, had been in the
service of the two companies for about eight years.
On the 29th July Mr. Walker had occasion to sus-
pect him of misconduct, and on that day prisoner left
his employment and did not return. Two days after
Mr. Walker received the following letter by post,
in the prisoner's handwriting :

" Manchester, July 30.
" George Walker,—l intend shooting thee. I shall cer-
tainly be thy end, if it takes 12 months. You scamp
I'll ball you off when you little think of it. You discharged
me the other day without cause, but it will be the cause of
your death. I shall put an Ireland touch upon you. If I
can only say I have shot George Walker, I shall then die
content, you villain."

The prisoner was convicted, and
Mr. M.lntyre, who appeared on his behalf, ap-
pealed for the Court's merciful consideration of his
case.

The prosecutor said he did not wish for anything
but an assurance on the part of the accused that
there should be no repetition of his threat.
Mr. Baron Bramwell said the prisoner had sub-
jected himself by his foolish and, perhaps, drunken
conduct to penal servitude for life. He might thank
Mr. Walker for the present order of the Court,
which was that he be bound over and find recog-
nizances to keep the peace and to appear for judg-
ment when called upon.
When our parcel was despatched there were two
cases left, so that it will be late before the rioters'
case is called on, if, indeed, it be commenced to-day.

NORTHERN CIRCUIT—LIVERPOOL, Dec. 13.
CIVIL COURT.

(Before Mr. Justice Blackburn and a Special Jury.)
JONES (ADMINISTRATRIX) V. DAVISON AND ANOTHER.
This was an action to recover compensation for
the widow and family of John Jones, who was
drowned in the Mersey on the 26th of August last,
by the alleged negligence of the defendants' servants.
Mr. A spinall, Q.C., and Mr. Littler were for the
plaintiff; Mr. Edward James, Q.C., and Mr. Quain
were for the defendants.

The deceased was captain of the schooner Atlas,
and on the day in question was being towed down
the river by the steamer Clive, and was cast off
along with some other vessels at Pottery Beach, in
order to anchor for the night. With some difficulty
she avoided the schooner Elizabeth, and dropped
her anchor, but in swinging round with the tide
her stern came into violent contact with a flat
called the Gnat, belonging to the defendants. The
deceased was struck by the tiller, thrown over-
board and drowned. It was said for the plaintiff
that the accident arose from the neglecting to display
a white light on board the flat, in accordance with the
Admiralty regulations. For the defendants it was
contended that the deceased had been to blame in
not showing the proper lights for a sea-going ves-
sel, and that the deceased was in liquor and incap-
able of managing his vessel.
The jury returned a verdict for the plaintiff—
damages, £lOO for the widow, and £25 each for the
four children.

CROWN COURT.
(Before Mr. Russell Gurney, Q.C.)
Norris Taylor, a respectable-looking man, was in-
dicted for unlawfully,wilfully, and indecently oisin
terring certain bodies from the Rochdale Cemetery.
Mr. Kay appeared for the prosecution ; Mr. Cob-
bett and Mr. Saunders defended the prisoner.
The prisoner was the registrar of the Rochdale
Cemetery, and resided within the gates of the ceme-
tery, where he had an office. lie had the direction
of all the work done at the cemetery, the disposal
of graves to purchasers, the superintendence of the
grave-diggers, and received all the money paid for
the graves and interments. It appeared from the
evidence that the prisoner had been in the habit of
disinterring bodies, and transferring them from one
grave to another to such an extent that it was
almost impossible for any person having friends or
relatives buried there to know in what part of the
cemetery they were laid. In 1860 a factory opera-
tive named Shepherd purchased a private grave
from the defendant in the Dissenter's ground. On
the 12th of August in that year one of Shepherd's
children, aged two years and nine months, was
buried therein. In November it was opened for the
interment of a brother. of Shepherd. Defendent
ordered the grave-diggers to dig
it deep, so that
they might drain a neighbouring vault. They took
up the child, and dug to the depth of 26 feet.
lie told them to fetch
r abvreosu
De-
fendant told the diggers it was a pity they should
cdoigffisnos f deepDi for
publicn?t graveshing in the Catholics' and Dis-
gthhetrel,9ancodffip
sgeent fters'
rom 1;11. es .
publiclheyg [lust thema
at the bottom of Shepherd's grave, and the grave
was filled in with sand till it was 14 feet deep.
In
other cases private graves were dug of the ordi-
nary depth, and water has been arriyed at. Boards

, A ....••••••••••••••••••.•-
..........----- . , .... ...........
were put over, brick sides made,
sprinkled over with gravel or earth s° as to look
proceeded,
like a proper bottom. The burial th€l. '
) false bet-
the beards
and as soon as the mourners had left t%\- slip into
torn had been pulled up and the coffin let
the water.
At the close of the case for the prosecutioi 1,
Mr. Cobbett urged several technical objet
-.ti°lls
to the indictment. est
His Lordship said he ro.ight either move in a''
of
Mr judg b g
ment or rin a writ of .
. Cohbett then addresse,derror the jury on bell'olf
of the prisoner.
The. jury found the prisocer guilty, and ,
his Lordship directed him ,*c) be bcsupd over 10
his own recognizance of £5O to
ment when called upon.
DECEMBER 15. and
rbro
In the Nisi Prins Court a case of " lei .t, ed en
others v. Gill and others," which was comirP% ll° day
appear for judg-
Saturday, has occupied the whole of OA '
hitherto, and is not yet concluded.
The action is on a bill of exchange. for
Mr. Edwd, James, Q.C., and Mr. Hip.,,,in are .
11
the plaintiffs; Mr. Temple, Q.C., Mr. Quoin, 11
Mr. Jordan for th,c: defendants.
for his arrest on
on the charge of ineitilit; quitte a
George Ruxten, !who on Saturday was ac
destruction of a ship collet,' the Roscoe, was arrestea
,
as he was leaving the doe
Thomas J amieson to the
by the Lord Mayor of Londe',
k on a warrant grantea
charge of having conspired dlt.:ng
-I ,l'o
defraud a London insurance cornita„ TIY of
with others 1

WESTERN CIRCUIT—EXETER, Oee. Al6,:iyes
The commissions for holding the Winte: were
for the county of Devon and the city of Efett:r. ,tice
opened here on Saturday evening by Mr. Au% o'
Byles. His Lordship attended divine serviep Y
terday in the cathedral. This morning
learned Judge delivered his charge to the gra°o.
jury of the city of Exeter, at the Guildhall, see
afterwards proceeded to the Castle of Exeter, whet
he charged the grand jury of the county of Dev°,l3;
The calendar for the cocinty of Devon contains t'r
names of 27 prisoners. There is only one prisae
for trial in the oity of ExeL'er-,posed of, the cool
This prisoner having been
prisoners were taken.
Elon Thorn was indicted for b,lrglariously bret
ing into the dwelling-house of AnL' Bonody, at C°..'e,
brook, on the 18th November, ani.l stealing tile'o3
from two cheques, one for the payment of it°, to
the other for the payment of £l2 1 Os., and ot''
money, her property. defended
Mr. Turner prosecuted, and Mr. Car,lke,'
the prisoner. 411 NO'
It appeared that on the night of the f ages
the prosecutrix, an old widow of 83 years, of
residing at Colebrook with her niece, having fa 3, the
her house, went to bed. About 2 o'clock ,i6e,
morning Mrs. Boundy heard a kind of grating °La et'
which continued till 4 o'clock_ She was too
frightened to go down stairs. The next m0r1311'7,1
about 7 o'clock, the old woman upon going de„,lo
stairs discovered that the shutters had been br°,9o
open, and the window was open. She then soy '44
the cupboard in the room had been broken °Pot
and upon looking at a little tin box she found ti,o
the two cheques and about £2 10s. in money
been taken out of it. Early that morning the '",be
soner arrived at the Exeter station by „"el
North Devon train ; he asked which omnibus '1;06
him nearest to the West of England Bank. 10 .14
told the Half Moon omnibus. H® got Into it, a,'"or
showed the conductor two cheques. The condac:De
took him to the West of England Bank, and (iv
prisoner went in and received some money• riti
prisoner then said he wanted to go to the ',"0,3
Bank. The conductor took him there. As nflog
as they got there the prisoner, instead of Poe
in, said, suddenly, he wanted to be off 11 oe
next train, and he turn
cox,ed back and wente
01 bf,
train for Crediton. Wil the pa ye fed
cheque, was at the door of the bank. It was Pr° the
by the cashier at the West of England Bank that to
prisoner was the person who had presented
chisel
and some h
cheque,
owhomter
toolschange were
wfeor
fuiotwn
das given' nti'
iil
soner's room, and some of these correspondetubli?oitlija
marks on the shutters and cupboard on t%olier
widow's premises. When apprehended the PO'
had £lO odd in his pocket. he Pri'
Mr. Carter, in his address to the jur'V troiog
Boner, submitted, first of all, that there Nvas 13 "to be'
to show that the house had been broken '114; tho
tween 9 at night and 6 in the morning ; the,'" oar
there was no proof of the prisoner's bavic°olit
witted the offence of entering the house ; and •'
that if they were satisfied the prisoner had 0.0
seated the cheque, that was not a possession s°
after the robbery as to justify a verdict of hal it.
received the cheque with a guilty knowledge °`
having been stolen. A 00
Mr. Justice Byles, in summing up, observe.. ga
real question was whether the prisoner was f°,,,t1'60
in possession of the property •, if he was, he
bound to give an account of it. Some one rioe
found the next morning in possession of the abeljli
at Exeter. Three witnesses had spoken positiVe
to the
.prisoner being that man.
of having the
The jury found the prisoner guilty
mone
The . • 001
Judge—Gentlemen, the having pc).
9ses of hie
money shortly after a robbery is evidence °
having stolen it unless he accounts for it.
The Jury.—Guilty. nOb
,
The prisoner was then sentenced to 12 ra°-
imprisonment, with hard labour.
rdated
The money found upon the prisoner was ° the
to be given to the old woman, for whose los"
Judge expressed great sorrow.