The Sun.
London, England, 1862-03-11 00:00:00

ASSIZE INTELLIGEN CE.

NORFOLK CIRCUIT—AYLESBURY, March 10.
(Before Mr. Baron Martin and a Special Jury.)
THE QUEEN V. THE -UNITED KINGDOM ELECTRIC

TELEGRAPH COMPANt (LIMITED.)

Mr. Mills, Q.C., and Mr. Meicalfe were for the
prosecution; Mr. O'Malley, Q.C., Mr. Keane, Mr.
Joseph Chitty, of the Chancery bar (specially re-
tained), Mr. Lathom Browne, and Mr. Stephenson
appeared for the company.
This was an indictment preferred and found at
the last quarter sessions for this county, and moved
by certiorari into the Court of Queen's Bench,
charging the defendants, in 11 different counts,
with obstructing the highway in the parishes of
Denham, Iver, Chalfont St. Peter's, Beaconsfield,
&c., by erecting telegraph posts thereon, "to the
great damage and common nuisance of all the
Queen's subjects."
The defendants pleaded not guilty;
It is understood that this is one of a series of in-
dictments preferred against the defendants in the
counties of Middlesex, Buckingham, Oxford, and.
Warwick, and that in the county of Oxford the in-
dictment has been ignored by the grand jury. The
indictment in Warwick is expected to come on for
trial at the coming assizes for that county.
The trial here was commenced at 12 o'clock, on
Saturday, and the opening statement of the coun-
sel for the prosecution, the formal proofs, and
the examination and cross-examination of a
surveyor called by the prosecution, occupied the
whole of that day. It appeared that the matters to
which these indictments relate are also before the
Courts of Chancery, and books of photographic
views of nearly every individual post set up by the
defendants in this county were produced both by
the prosecutors and the defendants, and referred to
by both sides, and by the judge and jury, its expla-
natory of the evidence given by the witnesses.
At the sitting of the Court this morning Mr.
Baron Martin stated that since the adjournment on
Saturday he had given the case his most serious
consideration, and that, in order that there might
be no mistake, and that no question might hereaf-
ter be made about his ruling, he had prepared a
written paper containing a statement of what he
believed to be the law applicable to the present in-
dictment; that he was now prepared to state how
he should direct the jury ; that it might be he
should also have to direct them as to other matters,
but, speaking of a common ordinary road, such as
he himself had seen yesterday,-and which no doubt
was of the character of great portions of the roads
on which the defendants' posts were placed, he (the
learned judge) believed the law to be as follows :-
1. In the case of an ordinary highway, although it
may be of a varying and unequal width, running
between fences on each side, the right of passage
or way, prima facie, and unless there be evidence to
the contrary, extends to the whole space between
the fences, and the public are entitled to the use of
the entire of it as the highway, and are not con-
fined to the parts which may be metalled or kept in
repair for the more convenient use of carriages or
foot passengers. 2. That a permanent obstruction
erected on a highway, and placed there without
lawful authority, which renders the way less com-
modious than before to the public, is an unlawful
act, and a public nuisance at common law ; and that
if the jury believed the defendants placed, for the
purpose of profit to themselves, posts with the object
and intention of keeping them permanently there
in order to make a telegraphic communication be-
tween distant places, and did permanently keep
them there,an d the posts were of such size and dimen-
sions and solidity as to obstruct and prevent the
passage of carriages and horses or foot passengers
upon the parts of the highway where they stood,
the jury ought to find the defendants guilty upon
this indictment; and that the circumstance that the
posts were not placed on the hard or metalled part
part of the highway, or upon a footpath artificially
formed upon it, or that the jury might think at
sufficient space for the public traffic remained, are
immaterial circumstances as regards the legal right,
and do not affect the right of the Crown to the ver-
dict.

Mr. O'Malley then stated that he should wish to
consult with his clients as to the course to be pur-
sued.

The counsel and solicitors for the defendants then
left the court, and on their return,
Mr. O'Malley said that, such being his lordship's
view of the law, if the jury were to be so directed
and the question so left to them, it would be useless
for the defendants to hope for a verdict on this in-
dictment, that he should therefore abstain from call-
ing the evidence with which he was prepared, and
which would in many respects completely contra-
dict that already given by the prosecution, and that
he should move the Court of Queen's Bench on his
lordship's ruling, which, according to decided cases,
he believed to be erroneous.

His Lordship then brieflysummed up the evidence
given by the prosecution, and directed the jury in
accordance with the view he had already expressed.
The jury at once returned a verdict for the Crown.
This concluded the business of the assizes for the
county of Buckingham.

WESTERN CIRCUIT,—EXETER, March 10.
The commissions for holding the assizes for the
county of Devon and for the city of Exeter were
opened in this city by Mr. Justice Blackburn on
• Saturday afternoon. Both the learned judges at-
tended divine service at the Cathedral yesterday
morning.
The courts were opened this morning for busi-
ness. Mr. Justice Blackburn went to the Guild-
hall of the city of Exeter and charged the grand
jury. His lordship then proceeded to the Castle
and took his seat in the Crown Court. Mr. Justice
Byles sits at nisi prius.
The Crown business would appear to be light,
there being only 30 prisoners for trial and the of-
fences as described in the calender do not seem to
be very serious.
There are 16 cases in the cause list, five of which
are marked to be tried by special juries. In three
of these, however, there is the same plaintiff, so
that in all probability one will decide the three.
Four of the common jury cases were disposed of in
little better than an hour.
CROWN COURT.
(Before Mr. Justice Blackburn.)
John Cummins, 19, a letter-carrier, pleaded guilty
to an indictment, charging him with stealing a post
letter containing money and postage stamps, at
Woolborough.
Mr. Poulden and Mr. H. P. Cole were counsel for
the prosecution, and Mr. Holdsworth for the pri-
soner.
Mr. Holdsworth said the prisoner most unad-
visedly had pleaded guilty. The prisoner's father
and other persons would state that the prisoner had
always borne a good character.
The learned Judge said it was useless in such a
case to call witnesses to character, as a person could
n9t be in the Post-office unless he had borne a pre-
vious good character. Calling the father was merely
giving unnecessary pain. These cases were so seri-
ous that it was absolutely requisite to visit them
with a severe punishment. The sentence would be
four years' penal servitude.
Caroline Binmore, 14, was indicted for adminis-
tering poison to her mother with intent to murder
her on the 18th of January, at Torquay.
Mr. Carter prosecuted. The prisoner was undo
fended.

It appeared that on the evening of Jan. 18 the
mother was going out, when the prisoner said to her
" Mother, you'll have a cup of tea before you go ?"
The mother said she could drink one. The pri-
soner then said, "Mother, I've poured it out, why
don't you drink it while it's hot P" The mother then
took some of it in her mouth, and found it had a
bad taste to it, and therefore she did not drink it.
The mother had threatened to beat her if she had
told her an untruth, and she was then going out to
inquire about it when the girl offered to give
her a cup of tea. The mother kept some sugar of
lead in a cupboard. The mother then went to make
the inquiries, and ascertained that the girl had told
her a falsehood. The cup of tea was then sent for ;
it appeared to have a sediment ; it was taken to a
chemist who tested it and found it to contain a
drachm of sugar of lead. Half a drachm was
enough to destroy life.
The druggist was asked by the prisoner how
much sugar of lead he sold for a penny.
Witness—Half au ounce.
Prisoner—Because that was the quantity mother
had at first.

The Prisoner was then taken into custody, and
was charged with having put poison in her
mother's tea. She at first made no reply, but after-
wards she said what she put in the tea was sugar
of lead, which her mother kept to wash her leg
with ; that she kept it in the cupboard, and it
served her right, as she had no business to leave her
old messes about.
There was no label on the bottle.
The wretched girl was undefended, and appeared
to be without a friend to advise or assist her. She
at first pleaded guilty, and it was not until the
question was put to her in plain language whether
she intended to kill her mother that, she said not
guilty. The farce was gone through of asking her

whether she had any questions to ask the witnesses
and whether she wished to address the jury it her
defence. Of course, the result was that she looked
about with surprise, but did not say anything.
Mr. Justice Blackburn summed up the case. The
only doubt was whether the prisoner was aware
of the dangerous consequences of such an act.
Verdict—Guilty with intent to do grievous
.bodily harm
The learned Judge then senteneed the prisoner to
six weeks' imprisonment, and then to be sent to a
reformatory school for five years.

YZHOME CIRCUIT, CIIELMSORD, March 10.
'Chief Justice Erle opened the commission here.
The calendar is far heavier than at Hertford, and
includes some very serious cases. There are 2 cases
of child murder, 11 of arson, 4 of burglary, 1 of
stabbing, 1 of assault and robbery with violence; 1
(against several men) of robbery from the person,
and 1 (also against several men) for a serious
assault on the police. Added to these are the
usual number of minor charges. There are alto.
gether above 40 prisoners for trial.
The Chief Justice will sit here in the Crown
Court.

Mr. Justice Wightman will preside in the Civil
Court. There are 14 causes already entered for
trial (several of which are special jury cases), and
there may be more entered between this evening
and to-morrow morning.
It is probable, therefore, that both judges will
have enough to do, and that the assizes will fully
last the week, which is allowed for this place.

MIDLAND CIRCUIT.--NOTTINGHAM, MARCH W.

Mr. Justice Williams took his seat in the Nisi
Prius at 10 a.m., and after trying a prisoner charged
with bigamy, who was convicted and sentenced to
four months' imprisonment, proceeded with the
county cause list. The cause list contains 10 en-
tries for trial in the county, two of which are
withdrawn, and two others were disposed of in the
early part of the day without affording any mate-
rials for a report. The rest of the day was occupied
in trying the case of " Royle (clerk) v. Ward" for
slander, but the Court rose before the case had ter-
minated.

Mr. Macaulay, Q.C., and Mr. O'Brien were for
the plaintiff; Mr. Boden, Q.C., and Mr. Bristowe
for the defendant.
The Lord Chief Justice Cockburn took his seat on
the Crown side at 10 a.m., and having charged the
grand juts, proceeded to try the prisoners in the
county gaol.
Henry Corden and Samuel Thompson, aged 20
and 22, were indicted for highway robbery with
violence, of the person of Thomas Smith, at Tro-
well, in this county, on the 24th October.
Mr. Huish conducted the prosecution. The pri-
soners were undefended.

It appeared that the prosecutor stopped at a pub-
lichouse in Trowell, kept by Mr. Holmes, on his
way home from Radford, where he had been to
purchase a horse, but had not succeeded, but for
which purpose he had about him a sum of £45, £25
being in notes, and the rest in gold. The prisoners
came in while he remained there, and heard him
mention these facts, and they left shortly bafore the
prosecutor, and were seen by several witnesses loi-
tering about the road where the prosecutor would
go. Soon after leaving Trowel! prosecutor was felled
to the ground by a blow on the face from a heavy
hedge-stake, which was produced, and thus deprived
of sight, and his pockets were rifled of the notes and
some other articles. in consequoxe of his cries the
villains left him, and while they were away he ma-
naged to secrete the gold in his stocking. They
again returned, and the prosecutor had more and
most severe blows and kicks inflicted upon him.
The prosecutor then managed to get back to the
publichouse, but was there laid up for some woks
under medical treatment in consequence.
The prosecutor spoke positively to the prisoner
Cordes, and the other evidence was sufficiently
strong to induce the jury to find both prisoners
guilty.
The Judge characterised the case as one of the
worst and most ferocious cases of highway robbery
he had ever met with, and sentenced both prisoners
to 12 years' penal servitude.