The Sun.
London, England, 1838-08-22 00:00:00

ASSIZE INTELLIGENCE

WESTERN CIRCUIT. —BRIsroL, Ace. 20.
HUCKNIAN V. FIRSIE.
This action was brought to recover the amount of a policy
of insurance, effected by the plaintiff on the life of his wife for
3001. in the British Commercial Insurance Company.
The case was tried twelve months since, when the Jury
found a verdict for the plaintiff, but a rule for a new trial was
afterwards granted, and the only points now left were whether
the plaintiff bad concealed from the company the fact of his
wife having had delirium tremens and some other disorders, and
whether or not Mr. Day was the usual medical attendant of
the deceased.
After hearing several witnesses on each side during the day,
the Jury gave a verdict for the plaintiff.

JUVENILE OFFENDERS' BILL
Henry Colson, a lad 13 years of age, was convicted of hay
ing robbed his mother of a rug and a curtain.
The mother, in reply to questions from the Court, said, that
her son had been in several situations, but that it had been
impossible, from his conduct, to keep him in them.
The boy said he had been to sea, and was sent home again,
because he was not sufficiently strong for the work.
The Jury accompanied their verdict with a recommendation
to mercy.
The CHAIRMAN observed, that the boy had before been in
the New Prison, on the charge of stealing one of his mother's
shawls. The father, it appeared, bad left the mother two
years and a half since.
A consultation ensued as to what should be done with the
prisoner, when
The CHAIRMAN said, that he did not think the Magistrates
of the county genei ally were aware of the full bearing of a
Bill which had been passed during the last Session of Parlia-
ment. For six or eight months prior to the introduction of
the Juvenile Offenders' Bill the Secretary of State had been
in the habit of recommending for her Majesty's pardon e.ny
lads who were considered to be proper subjects for such an
act of Royal clemency, upon the condition that they should
be placed in the Children's Friends' Society School. That
course, in various instances, had been carried into effective
operation ; but the system was defective inasmuch as there
was no power to keep the boys in the school. In the
Bill, however, to which he had adverted, and he must say
that he regarded that Bill as one of the very best and most
important of the Session, the defect had been remedied, and
a Magistrate now had the power, on hearing the charge, to
commit the offender for three months with hard labour. Then
her Majesty had the power to revoke the sentence, and the
child would be sent to one of the schools. The operation of
the Bill would comprehend summary convictions before a
Magistrate, so that a Justice would be able to get a young
child into the Children's Friends' School, or some other insti-
tution of a like character, without, as at present, the necessity
of his being sent to that Court.
The sentence on the boy was deferred until the adjournment
day, for the purpose of making inquiries, and considering the
course that should be pursued respecting him.

The CHAIRMAN expressed considerable astonishment at this shees and singing merrily. When seized he became almost
statement, upon which I frantic ; but, when shown the counterfeit coin which Duke had
Mr. Rorrers said, that be had not himself known such a by this time taken from the place in the exact condition already
case, but he had received good information on the point. described, he called out, " I'm sold—l'm sold," and became
The CHAIRMAN said it never could have been done, for the dreadfully convulsed. The officers by this time felt convinced
Lords Commissioners were not possessed of the power to stop that something was wrong, and having recovered the poor
the judicial proceedings of a public court. There must hare fellow, and allayed his fears, they listened to what be had tosay
been a mistake. The fact was this, that where a penalty upon tt e subject, when it appeared that for a length of time
had been inflicted on a party, the Lords Commission, rs had he had been persecuted by sonic neighbours in various ways.
the power to direct thA any proceedings which had been in- but fortunately had invariably defeated them ; and he supposed
stituted for its recovery should be stayed ; but that where the that within a few days some one of the gang had during its ab-
party charged bad been indicted f;r a misdemeanour, then no sence gained access to his room, the door of which he never
such power was vested in them. Their power in reality ex- locked, anti; after placing the base metal in the-spot mentioned,
tended only to cases where a penalty had been viited on the had given the foration to the M O
int. n making further
individual. investigation, the omfficers felt satisfied that it was a conspiracy
Mr. Sergeant ANDREWS inquired what the precise nature of to ,'eprive the unfortunate defendant of hi liberty ;
Daenett,
nd
the charge was ? menu, n n the facts of the care to the Magsistrate, Mr.
Mr. Rogers—For an alleged f,lse return, the information th •y expressed their satisfaction at having it in their power to
being laid under the provisions of the Corn-laws. he able to prove that the charge against the prisceacr of coin'
The Cu/mows—Yes, and under that statute the Lords had in; was totally unfounded. As wes their duty, they had
a power to stay proceedings for the recovery of penalties, but brought the defendant there upon the warrant, but they hope,'
in cases where an indictment was preferred for a misdemean- the Maeistrate would not detain him.
our they had no such power. That was the distinction. In Mr. BENETT said he was much pleased with the conduct of
the latter case they had no jurisdiction whatever. Well, then, the constables, and he theueht with them that it was a
vile
the prosecutor basing been bound over to prefer a bill, was conspiracy ; he, however, added that he should not dispose
of
served with the order, to the precise character of which he the case without the attendance of the Mint solicitor, And
re-
had just directed the attention of the bench, whereupon he quested the attendance of the prisoner next Friday.
applied to the Court on the subject. The defendant, who seemed delighted beyond description at
Mr. Rogers here pointed out to the notice of the Learned his mir;culous deliverance, was then liberated.
Chairman that the order ran thus And the Magistrates
of the County of Middlesex are hereby directed to stay all
further proceedings accordingly."
The CHAIRMAN-Yes, I see. Now, you (addressing Mr.
Rogers) have done your duty by serving this order on me,
and I will thereupon do mine by nut taking any notice of it.—
(A laugh.)
Mr. Rogers said he bad been informed at the Treasury
that such an order had before been issued and acted upon.
The CHAIRMAN thought it would be a matter of great diffi-
culty, if not of absolute impossibility, to show that any Chair-
man, whether a legal gentleman or not, of those Sessions had
acted on such an order.
The prosecutor during the day took his bill before the
Grand Jury.

Q UEEN- S Q UA RE.
Edward Haycock, 134 A, and Edward Evans, 59 A, were
yesterday charged under the 3d of William IV., cap. 19, with
miscolduot as police constables.
The (use was of an extraordinary nature, and there Were
several members of the police force and others in attendance
to hear the result It involved an important question whethcv
a statement ought to be received against a person in custody"
in the absence of the accused.
John Byers, the common informer, stated the circumstances
under •Nhich he was taken in charge by Evans, on Thursday
evenindefehg, aving been accused of picking a pn's pocket.
In 'defence it was stated that the Constable Evans was called
by the stranger, who said that when he left a cigar-shop just
before, he had',put his purse, containing five sovereigns, into
his coat pocket, and that he had his pocket picked while
coming up the':Strand. He then pointed Byers out as
party who 'hatj robbed him ; and, on being asked if he was'
certain, repeated it. He then took Byers into custody. It
was alleged as a reason for going into the private room that
Byers was much excited, and that the stranger was frightened
and shook like a leaf. They disclaimed any interference 13
putting the stranger through the offices at Scotland-yard int°
Whitehall-place, and said it was a little boy, the son of tbe
oflicekeeper, who did it, because Byers's friends, who Were
following, annoyed and intimidated the gentleman.
Mr. Bearata.—Did you search Byers? Evans—Ne, your
Worihip, I did not.
Mr. Burtant.r.—Did the person ref 'lse to press the clusje at
the watchhouse ?
The acting insi actor No. 14 said that the stranger gave 4
up. He said he might be mistaken in the person.
Mr. BURRELL thought the police had been guilty of a. great
emission in not searching a person charged with felony. But
it did not occur to him that they had been guilty of any lois"
conduct. The charge made against Byers was one of the
most malicious, atrocious, and abominable that he had ever
met with. There was not the slightest imputation upon WI
relative to the alleged robbery ; but he (the Magistrate) re-
peated that he could see no act on the part of the police that
called for punishment. _ .

The defendants were accordingly discharged.
Byers said that he had not walked at all during that night;
he had but just alighted from his gig when the charge Wag
made against him.