The Sun.
London, England, 1853-03-21 00:00:00

JAMES BIRCH V. JOHN GRAY AND GEORGE ATKINSON.

This case, which excited a good deal of interest, came
on at the Kildare assizes on Friday. The plaintiff was
the proprietor of the World newspaper, and the action
was for a libel, alleged to have been published in the
Freeman'..? Journal. The plaintiff had been brought
down to Naas, under a writ of habeas corpus, from the
Richmond Bridewell, where he is still undergoing twelve
months' imprisonment for a criminal libel upon the
character of a lady. The court was crowded with spec-
tators and others who had been summoned as jurors and
witnesses in the case.

Dr. Hayes, Q.C., Mr. O'Driscoll, and Mr. Mont-
gomery were counsel for the plaintiff.

- Mr. M`Donough, Q.C., Dr. Battersby, Q.C., and
George Woods Maunsell were counsel for the defendants.
Before the names of the jury had been called over,
The Lord Chief Justice, having looked over the re-
cord and the abstract of it, said—l have handed up to me
to enable me to discharge the duty of trying this record
an abstract, consisting of 558 pages. I should very
much disregard my duty and very imperfectly attempt
to discharge it, if I were to set out upon the trial of
this record with such an abstract. For me now to set
about collecting from this document—to do that which
is the rules of the attorney for the plaintiff to do—would
be impossible. and equally improper. It would be vio-
lating the settled rules of the law, it would he degrading
the office I hold, and it would he encouraging the gross
reeeet of those who are concerned for the plaintiff. I
therefore order this record to be struck out.

Dr. Hayes, Q.C.—I trust that where the parties have
gone to a great expense on both sides--where gentlemen
have been summoned here as special jurors and as wit-
nesses, and great expense has been incurred, your lord-
ship will, at all events, give us an opportunity of reme-
dying the defect as far as possible.
Mr. Birch—l think it is very hard that I should be
sacrificed for the fault Hof my attorney ; I employed
counsel ; I have been imprisoned ; I have been slandered.
I thought I had employed the best counsel and attorney.
The expenses of the law in this country are so great, so
enormous, that it has cost me more than 1001. already
to bring this case to trial. I have done so to vindicate
my character against ruffians who beset me in every
way. . .

The plaintiff was here checked by his counsel.
Mr. Maunsell—My lord, I object to Mr. Birch making
a statement of this kind.

Chief Justice—l must object to this on the part of the
court. I have made my order.

Mr. Kinder—My loi:C1, I am the plaintiff's attorney.
I consulted counsel on the subject, and it was he who
drew up the abstract. I looked into the general rule,
and I found that it only applied to cases tried in Dublin,
and therefore I did not think it necessary to go into any
length of abstract.
Lord Chief Justice—Every reason that makes the rule
applicable to cases tried in town makes it equally appli-
cable to those for trial in the country.

Mr. MDonough said that the rule was perfectly
settled.

Dr. Hayes—Probably your lordship would kindly
consent to adjourn the matter for half an hour.
Lord Chief Justice—l cannot alter my decision.
Dr. Hayes—Really, my lord, it is a very grievous
order in its effect on my client. Probably your lordship
would consent to the case standing over, on the under-
standing that the costs of the day should be paid.
Lord Chief Justice—l cannot do so—it is not a ques-
tion of costs. _

Dr. Hayes—lf your lordship would consent to only
half an hour's adjournment, I will undertake to lay a
full abstract before you.
_...
... . ._

The Lord Chief Justice—Half an hour nor half a day
would not enable me to put myself in possession of this case.
I do, not pretend to say what the present case is, because
I do not know ; but if it be like a case which I have
seen an account of lately, in which a party takes upon
him to utter and publish a libel, by which he declaims in
general terms—not imputing any illegal offence—but
imputing general defamation, and afterwards comes to
justify himself by specifying a number of matters—not
charging any illegal offence, but matters still defama-
tory ; and if this could be allowed, first to publish a
general defamatory libel, and then to publish a number
of detailed libels, because if the matters suggested in the
pleas are not true they are all libels ; and yet under
colour of those pleas for which he will not be answerable
in damages, to defame his adversary instead of bringing
forward his
putchary in the face of his declaration, upon
which if he
;em he would be answerable for them
in damages the law is such that that course can be
taken, it is high
indeed the courts e for the Legislature to interfere if
Prius to meet a have not themselves the power at Nisi
Case of this sort in a way that will pre-
vent such an abuse and perversion of the law. It is,
therefore, that I feel doublytirbound to be put in full pos-
session of every part of
that I might be ena-
bledNth:toll:lei:, I could not deal with
to make up my mind
a case of that sort in a way that
enaouilleprevent that per-
version of the law which would
another, and to aggravate the cane a man to defame
!zry any number of
additional libels without being responsible
for those addi-
tional libels.
Mr. Birch—l thank your lordship.
The Lord Chief Justice—l don't say that that • the
case, for I am not acquainted with it so as to be able
say so ; but if this be that sort of case, I should feel to
it
my duty to consider whether, even in this Court of Nisi
Prius, I could not meet it in such a way as to prevent
such a gross perversion of the law.
Mr. Birch—Thank your lordship.
Mr. Kinder was about to speak, but
His Lordship said he could not suffer the business of
the court to be interrupted any further.
Mr. O'Driscoll subsequently applied on behalf of the
plaintiff to have the record given back; and there being
no opposition on the other side, the record was accord-
ingly returned.

DESPERATE OUTEAGE.--AS Mr. Samuel E. Collins, of
Brookeville, in this county, was sitting in his drawing-
room, about eight o'clock on Friday evening, the 4th
inst., two shots were fired on the lawn in front of the
house, and several bullets and slugs passed through the
glass of the window near where he sat. Mr. Collins has ,
lately come to reside in this county, keeps a mill, and
glle,/..mtLemive einelzrnent. The reason assigned for
tl/4tWaftrAtki ,if not assassinate, Mr. Collins,
ti', ce
i of a dispute he has had as to
V's County Chronicle.
eilotirpart NF.LUENZA.—The influenza has
,ItbistafeWtk; , , sin Melbourne. It temporarily
-'habits of eriebirie{f tions, but persons given up to
t to be brought to the grave

ASSIZE INTELLIGENCE.

WESTERN CIRCUIT.-EXETER, MARCH 18.
CROWN COURT.

George Sparkes and James Hitchcock: were indicted for
the wilful murder of William Blackmore, at Cloghydon,
on the 6th of February last.
Mr. Collier and Mr. Kerslake were counsel for the
prosecution, Mr. King defended Hitchcock, Mr. Cole-
ridge and Mr. Bere defended Sparkes.
Mr. Collier opened the case in a clear and able man-
ner. The evidence being for the most part of a circum-
stantial nature will best be understood in the form of a
narrative. The scene of the dreadful murder which it is
our duty to relate was at Cloghydon, a village near Wel-
lington. The unfortunate deceased, Mr. William Black-
more, was a farmer, living at Cloghydon. He was also
a collector of rates and tithes. He was a married man,
with one son, and was much respected. On the sth of
February last he left his house in perfect health, for the
purpose of collecting tithes. On the next morning, at
about four o'clock, he was found on the road, near his
house, lying on his back, dead, bleeding, his skull dread-
fully fractured and his face lacerated. His purse was
lying on his chest, and by it two Si. notes ; but it was
subsequently discovered that he had been robbed of
about 11/, in gold. His watch was also on his person ;
it was bruised, and had stopped at twenty minutes to
two o'clock, not being run down. There was, therefore,
no doubt that the unfortunate man had been murdered
by some one, the injuries on his head being such as could
not be the result of accident or suicide. The evidence
to connect the prisoners with the commission of the
crime was as follows :—Mr. Blackmon) was shown to
have left his house on the morning of the sth Feb. at
about 11 o'clock. He went to a Mr. Honeyball's, a far-
mer, to collect tithes. He got Si. there. He next
called at a Mr. Barford's, and here he got Si. more.
Soon after this he met Mr. Moneyball near a place called
Cross-keys-hill. The two prisoners were in Honeyball's
employ as farm labourers. Blackmore said, " I have
been to your house, Mr. Honeyball, for some money,
and have got Si., and am going to Farmer Warren's
for some more. The prisoners must have heard this.
Some further conversation passed, and Blackmore went
on. He called at one or two other places, and collected
altogether near 201., of which between 81. and 9/. was
in gold, the rest in two 51. notes and silver. After he
had done collecting, he got to an inn called the White
Horse, soon after eight o'clock in the evening—that is
about a mile and a quarter from his home. Soon after
he arrived there the prisoners both came there. They,
it appeared, had left Mr. Honeyball's at about six
o'clock, having received from him their wages—Sparkes
35., and Hitchcock 2s. 4d. Some little time before they
went into the White Horse they were seen to go down
a dark lane together. Sparkes was outside the door
when Mr. Blackmore arrived there. They talked to-
gether and then went in, and Blackmore remained there
drinking with the two prisoners and another man, Ed-
ward Sparkes, a brother of the prisoner. They played
cards, and drank beer and gin, till twenty minutes past
one on the Sunday morning, when they left together.
Shortly before they left, Sparkes made a signal to Hitch-
cock, and they went out together ; they were out a short
time, and then returned into the room again. Mr. Black-
more seemed to have some fear of being robbed, for on pay-
ing for same beer he did so in a half-crown, saying it
was all the money he had. Shortly after they left,
a man named Marks met Mr. Blackmore and the two
prisoners in company together, going towards Cloghydon,
near a place called the French Nut-tree. He was never
seen alive after. Not coming home, his family became
alarmed, and went out with lanthorns to look for him.
This was at four o'clock in the morning ; and on the
road, near a place called the Lower How-gate, they dis-
covered the body of Mr. Blackmore dead, and injured in
the dreadful manner described. No foot-marks of any
persons except those of the prisoners and the deceased
were found. Suspicion immediately fell on the pri-
soners, and in less than two hours they were both taken
into custody at their own cottages. When asked where
they left Mr. Blackmore, they stated that they parted
from him at the French Nut-tree, which is close to the
prisoner Sparkes's cottage, and then went home. Ed-
ward Sparkes was also taken up, but afterwards dis-
charged. Important evidence to connect the prisoners
with the commission of the murder consisted of tracking.
It had frozen very hard that night, but had rained dur-
ing the day, and consequently footsteps made that night
were frozen hard, sharp, and clear. The prisoners'
shoes were taken from them, and happened to be very
peculiar ones, and it was discovered that they corre-
sponded to tracks which went along the road up to
where the body was found, and some quite fresh marks
were found close to the Lower Howgate, some being
just inside the gate. Marks was also found in the fields,
by which it seemed that one person bad got round the
fields and headed the deceased, and met him, and the
other came behind him. The prisoners were shown to
have arrived home at about three o'clock in the morning,
so that they were absent from home at a time when they
might have committed the murder. On being appre-
hended, a trifling sum of money was found on each of
them ; but in a back place at Sparkes's cottage was
found the sum of eight sovereigns and five half sove-
reigns wrapped up in a piece of rag. This corresponded
exactly, with the exception of one half-sovereign, with
the sum that Blackmore had collected in gold. On find-
ing the money, the constable told Sparkes of it, he being
at that time in custody. Sparkes said, "Itis no use to
tell any lies about it. I took the part of a pair of tongs
from Redward's" (tile White Horse). He then took up a
pair of tongs in the room, and then said, " And I struck
him thus" (describing a violent blow). " I hit him
backhanded." He afterwards said that he had thrown
the tongs into the river, near Cloghydon-bridge, A
search was made there, and the half of an old pair of
tongs was found. It was a most formidable weapon,
about three feet long, and very heavy. It was also
shown that this piece of the tongs had been in a back
house at the White Horse on the night the prisoners and
Mr. Blackmore had heen there ; and the surgeon said it
was just such a weapon as might have produced the in-
juries found on Mr. Blackmorc's head. When before
the coroner Sparkes made a further statement. He
said, " I can say nothing about the money. I think I
killed Mr. Blackmore the first blow. I did not mean to
kill him, but to rob him. Hitchcock is innocent, I was
alone." Hitchcock made a statement to the effect that
he had been drinking with the deceased and the other
prisoner, and that they had walked part of the way
home together. That they had both left deceased at the
place called the French Nut-tree, and had then gone
home. Sparkes also made a statement that he had
thrown one half-sovereign away.
The court adjourned at ten o'clock, there being many
witnesses for the prosecution. The jury were kept
together, under the care of the under-sheriff.