The Sun.
London, England, 1822-03-08 00:00:00

DURHAM ASSIZES-Jim 28.

Peter Hutchinson «•as indicted on a charge of administer•
iug a certain liquid to Eliaa4eth Smorthwaite to procure her
miscarriage.

Mr. CATMAN opened the case for the prosecution. The
evidence, he observed, would be of a peculiar nature, from
the circumstance of the unfortunate woman being dead to
whom the liquid had been administered. He would produce
her dying declaration, together with the confirmatory testi-
mony of living witnesses.
Mr. JUSTICE BAYLEY obserred, that in a case tried very
lately in the Court of King's Bench it was decided that dying
declarations were only admissible in cases of murder.
Ms. J. Green, surgeon, examined the body of the deceased,
and found she was four months gone in pregnancy. Her
stomach appeared very dark c.loured, and inflammation ex-
isted to a great extent, almost to mortification. It wat
im-
possible to say what could hare produced this appearance.
Four witnesses were then called, who gave the prisoner an
excellent character.

His Lodrdship recapitulated the evidence, and the Jury re-
turned a verdict of Not Guilty,
SmearNo.—Janice Bell was indicted, under Lord Ellenbu-
rough's Act, for cutting and maiming James Cairns.
MaryThompson.—The prisoner went down the waggon-a-ay
to see me home. We went past my father's house, and then
turned to seek George Grey. Bell said, that as he was a
stranger, if I would go with him to seek Grey to shew him his
road, they would set me home. We met Cairns and his par-
ty; we passed them on the right side, and Madison turned to
Surtees and said, " That's Mary Thompson ;" and Surtees
cried, " That was the that was with her." He then
" Here's at you, you —;" and with that struck Bell
on the head or neck. Bell hit his foot on the waggon-way
and fell : he got up, went to the other side, and was struck
by Cairns, and then I rat: away.
His Lordship summed' up the evidence, and observed, that
the chief point to decide was, whether Cairns, or any of his
p-irty, had struck Bell first ; for if they had, -and death bad
ensued, the crime would in that case be manslaughter only ;
is they had not, it was a capital offence.
The Jury returned a verdict of Guilty—Death.
RAPE.—Henry Anderson was arraigned on a charge of
committing a rape on Sarah Armstrong.
The prisoner was found Guilty, when Mr. Justice BATLEY
passed sentence of Death upon him. The prosecutrix was a
very interesting looking young woman, and conducted her-
self while in Court with the greatest propriety. It is said
that Anderson is to be executed on the 14th instant.
RIGHT OF ADMISSION —.During. this trial a bailiff was heard
vociferating very loudly, " Come along, sir." The Judge in-
quired what was the matter, and the officer said a man had
broken the door in endeavouring to get in.
His Lordship inquired—" Were you trying to extort mo-
ney from him ?" Officer—" No, my Lord."
Judge—" Then why did you not let him come in ?"
Officer—" I told him there was no room, my Lord."
Judge—" Then you told him wrong, for there is room.
If
I knew you were endeavouring to extort money at the door, I
would
punish you. Every man has a right to come into
Court as long as there is room."—(Great applause.]—" It is
very improper to express either approbation or disapproba•
tion in a Court of Justice at any thing that may be said ; and
if I knew who did so, I would fine him."

The frequenters of St. James's Park have for
some days past been attracted by an ingenious
machine, which raises a very long ladder with-
out any support at the top, on which a man
mounts and stands, whilst he saws oil the de-
cayed branches of the lofty trees.
EDINBURGH, MARCH I.—On Saturday a very
appropriate and energetic discourse, from James
27, was preached on board the Leith floating
chapel, by the Rev. Mr. HARPER. Upwards of
201. were afterwards collected for the benefit of
the widows and families of two seamen who were
lately lost on the voyage between London and
Leith.

BIRTH.
On 'Wednesday, Mrs. Morgan, Savage-gardens, of a son.

RRIE D.
Yesterday, the 7th inst., at St. Mary's, Newington, Mr. W.
Fisher, eldest son of N. Fisher, Esq., Bermondsey, to Miss
Rachel Sloane, only daughter to John Sloane, Esq., of Newing-
ton, Surrey.

DIED.
On the 2d inst., Mr. Josiah Stevens, of Horfield-court Farit,
Gloucestershire, in the 39th year of his age.
On the sth inst., at Cheshunt, in Hertfordshire, after a short
illness, Elizabeth, daughter of the late Stephen Cattley, Esq.,
of Camberwell, in the 17th year of her age.
On Tuesday last, at her residence, Richmond Rill, Surrey,
Jane Theresa Delafosse, relict of the Rev. Robert Mark Deli.
fosse, LL.B., in the 65th year of her age.

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