The Sun.
London, England, 1847-07-30 00:00:00

JULY 30, 1847.

ASSIZE INTELLIGENCE
NORTHERN ClRCUlT.—Durluzni, July 27.
CROWN Col7ll.T.—(Before the LORD CHIEF BARON.)
George Gisson, Robert Green, Jonathan Dixon, Joseph
Green, and William Potts stood charged with having, on
the 15th May last, at Jarrow, in this county, feloniously
assaulted Elizabeth Datum, and committed a rape on
her person.
Mr. Lorington appeared as counsel for the pro:ecu-
tion, and Mr. Matthews and Mr. Otter defended the
prisoners, the four last named of whom had been out on
bail, and all of whom were very young men.
It appeared from the evidence of the prosecutrix, who
was examined and cross-examined at great length, that
on the night of the •15th she was on her way fr.im Jar-
row towards East. Jarrow, and was on the South shields
side of a turnpike-gate, when she was attacked by six
men, the prisoners at the bar being of the number, and
that she was then very savagely treated by the party.
She is a German by birth, and stated herself to
be twenty-three years of age, having been brought
the port of Newcastle-on-Tyne by her brother
about four years ago, since which time she had
travelled about this country as an itinerant musician,
carrying a hand organ, which was slung over her
shoulders by straps, and which she was carrying at
the time of the alleged offence. The young woman,
who spoke English perfectly well, gave her evidence very
intelligibly, and apparently without exaggeration ; and
if her statement was correct, there could be no doubt
that the felony had been committed. But she had had
an early opportunity of making a complaint and of de-
scribing the nature of the outrage, and she could assign
no reason for not having done so, but the shame she felt
at what she had endured.
John Glover, police constable, said, that he was near
the spot in question at about eight o'clock on the even-
ing of We 15th: He there saw the young woman and a
man together, .but could not say what man it was, though
at the time he thought he knew him. He had thought
it was one of the prisoners. Afterwards saw Elizabeth
Datum, together with the prisoners Gisson, Dixon, and
the two Greens, come out of a public-house, and the
men were following her ; and later he heard a particular
cry, which proceeded from the direction of Temple
Town, and he went towards it, but perceived nothing.
At first he presumed that it was a man beating his wile,
ha it was a very common thing for men to beat their
wives in that neighbourhood. On Monday, the 17th,
the girl made a statement to him, saying that she had
been very badly used by six men; and that she knew
four of them, and the other two she could swear to it she
saw them. Told him the names of the four. He asked
her very particular what had been done to her, when she
said that they had knocked her down, and struck her
very much while down. Witness asked her very parti-
cularly if had committed any capital offence, and
she said they had not; but that they had punched
(kicked) her. He was very plain with her, so that she
must have understood his question. On the Wednes-
day following she stated that they had committee the
offence now charged. She went to give her information
before the magistrates on Tuesday, the 18th.
His LORDSHIP inquired if she then made her state-
ment on oath, and it it was taken down in writing?
Glover answered that it was so. The information was
for a violent assault.

His LORDSHIP then asked, if the written statement so
made by her was here in court?
Mr. Lonmarozit said that it was not here.
The Learned-JUDGE said, that it certainly ought to
have been. It was very material in such a case to know
what the prosecutrix had in fact complained of on the
'Tuesday, when 'laying her information against these
men before the justices. The prisoners ought now to
have the means of knowing that; and it was a very great
want of proper attention, on the part of the prosecution,
that the information she had given could not be pro-
duced. His Lordship said, that in this state of the evi-
dence he should ask the Learned Counsel for the prose-
cution if he could carry the case any further? He (the
Lord Chief Baron) thought there coal not be a convic-
tion under such circumstances.
Mr. LORINGTON submitted that there was at least
evidence of an aisault committed 'by the prisoners.
His LORDSHIP thought that they could not, upon the
present trial, be properly convicted of that. They might
have been indicted at, the sessions for an assault.
Mr. LORINOTON said, that it had first been intended so
to indict them, but it afterwards appeared, from the evi-
dence of the prosecutrix, that the prisoners could be more
properly charged with the felony, and therefore the case
had been sent to the assizes.

His LORDSHIP—Let the case be presented again in a
proper court, and in a proper shape. The young woman
made no complaint to any woman, and on the Monday,
when complaining to the officer, she said nothing of
this charge. And yet "a warrant is issued for a

felony.
Mr. LORINGTON suggested to his Lordship whether,
tithe prisoners had a general acquittal ou the present
charge, ?.hey could again be tried at all for the assault?
His LORDSHIP thought that if they could nut again be
tried, they ought nevertheless now to be acquitted. But
the Learned Judge added, that he was of opinion that
their acquittal upon this indictment for the felony,
would be no bar to a subsequent indictment for the
assault only. The present charge involved that of an
assault, but they were now tried for felony, and if so
-
quitted here his Lorship thought, should there be a plea
of autrefois acquit to the indictment for an assault, that
plea could not be supported by producing the present
record.

The prisoners were then all Acquitted.
On application being made for the costs of the prose-
cution, his Lordship said he should not refuse the costs,
but repeated that there had been a great failure to do
that by the prosecution which in such a case was a part
of their duty.

--
POLICE INTELLIGENCE.
GUILDHALL.
Yesterday Mr. Basil Henry Stronsberg, the manager
of three building societies, was brought up tor thinl
examination, charged with defrauding them of various
sums.

Mr. Lewin and Mr. Huraphrey's clerk attended as
before on behalf of the prisoner.
Mr. Alderman H. HUGHES inquired whether the pri-
soner had been able to make up his accounts to the sa-
tisfaction of the different trustees ?
Mr. Lawis said, he believed not. lie had no friends
in this country who were disposed to help him. He had
not had time to receive answers from his friends in
Germany. His client was willing to submit to the
mercy of the magistrate. He hardly knew wheth.r the
directors of the times Building Society had any right
to appear there as pro,ecutori, as the Guarantee Society
was bound to pay them every farthing of Stronsberg's
deticieticy.

Mr. Alderman H. HUGHES could not assent to this
proposition. It a man committed a felony, he could not
be purged of the crime by some other parties being
bound to make good the pecuniary loss. He asked if
there was any further evidence?
Mr. Digby said, he represented the directors of the
Lines Building Society, and in their case he should call
another witness. lie had shown, on the previ,us exami-
nation, that a shareholder had paid the prisoner a sub-
,cription of 71. 175.; but it was said the prisoner could
not be charged with embezzling that sum, as he was not
bound to pay it over till the monthly night. He pro-
posed to call a witness on that point.
Mr. Crellin, the acting manager, deposed that the
monthly meeting at which the prisoner should have
accounted, if not before, was held on Wednesday night.
lie did send the money. lie had left his books. con-
taining various entries of money received to the amount
of 504 and the 71. 17s. received from Mr. King was the
last item.

Mr. Lewis said, his client would submit to a summary
conviction. The societies would not lo.e much by him.
The Times Society would recover the whole from the
Guarantee Society, and the other societies would have
the 191. taken from the prisoner, and the 301. he had
paid tor his passage to America to divide between them.
And in mitigation of punisiment he would state that the
man had a family, and mat he had had an opportunity of
carrying off 1051. a couple of days before he absconded,
which chance ho did not avail himself of.
Mr. Digby said, tie should be satisfied with a summary
conviction.

Mr. Alderman HUGHES HUGHES, having consulted
with Sir C. Marshall, said, some difficulties had been
started as to how far the law, passed for the protection
of the friendly societies, extended to building societies.
The preamble of the Benefit Building Societies Act set
forth that such societies had been established in different
parts of the kingdom principally amongst the industrious
classes, and that it was expedient to afford encourage-
ment to them and protection to their property. It then
proceeded to enact that all the provisions of the Acts re-
lating to friendly societies should extend to building so-
cieties, so ear as they may be applicable ; and be found
one of the enactments for the protection of the property
of friendly societies was, that if any officer was in
possession of money belonging to the society, and
fraudulently withheld the same, be should be adjudged
to pay double the amount, and in default of payment
be condemned to hard labour for not exceeding
three months. He had no doubt the benefit of this
clause was extended to the building societies by the
4th section of their Act. With regard to the grounds of
mitigation that had been urged, the magistrates felt that
they ought togive such a judgment as the misconduct of the
prisoner merited, and as would make him an example to
the officers of other building societies, and tend to the
due protection of the savings of the industrious classes
in future. They, therefore, adjudged him to pay forth-
with 131. 145., being double the amount charged to have
been embezzled, and the prisoner confessing he had no
goods whereon the same could be levied, they sentenced
bun to be kept to bard labour for three months.
Some conversation ensued respecting the recovery of
the passage money pa►d by the prisoner.
Air. Alderman lluattEs HUGHES said, as the money
had fallen into the hands of so respectable a concern as
the General Steam Navigation Company, they would
give up the whole of it. It had been stolen from the
societies, and it had been forfeited by the company by
their non-performance of their contract. They were
t.
sail on a certain day, and they put bac.t nut from stress
ut weather, hut their rieligence in taking iu bad cottL
Thu prisoner was committ, d.

Viscount Morpeth arrived in town yesterday from
Vernon Hill, Bohop'sllthun, Hants.

PRICE SD.

AQUATICS.
ETON AND WESTMINSTER( BOAT RACE.
This very interesting event, which has of late created
much excitement in the aquatic circles, cane off last
evening in the presence of a vast concourse of spectators,
both on the shore and on the' river. The Citizen L had
been chartered for the occasion by the Messrs. Searle,
and conveyed a large party of the Ronia.na and other
gentlemen; and the Waverley which ha i been engaged
by the Westminster party for themselves and frit nds,
was crowded with company; there were also a great
many stnad boars out, Toe distance selveted for the
contest was from Barker's reds, Mortlake to Putney
Bridge, and at a quarter to seven the rival crews appeared
at the station.
ETON St. lb.
IA. %Hite 9 7
2G. H. Holden lO 0
3H. H. Treruayne 10 3
4C. 1.1. Miller
SA. de Kutzen lO 7
6H. J. Miller lO 3
7A.H. Th !mpson 10 10
W. L. Bagshawe
(stroke) lO 7
J. Greenwood
(steerer)., . 9 10
Both some time in active training,
success. The Westminster
crew had been trained by .NLAIton, a waterinan.; the
Etonians were indebted to a Mr. Shadwell, for paying
and appearedpie
confident.'hail
been
forof
great attention to them. Betting was six to four on
Eton.

WESTMINSTER. Bt. lb.
IJ. R. Armstead 8 7
2R. Burton
3N. R. Smart 9 4
4 W. At Parratt
SP. M. Robertson 11 12
6H. Williams . 9 10
7C. W. Steward 8 9
H. R. Barker •

(stroke)
E. Balfour (steerer) 6 12

Mr. T. Egsn, late of the Cambridge University,
having taken his place on board the Citizen L, as um!.
pire, and Mr. E. Searle having given the signal, they
were off.

Both crews started at the same instant. For a second
or two it appeared .as thottam the Westminster crew
were about half a foot in advance, and then they were
oar and oar, at au immense speed. They continued at a
most rattling pace, and after rowing about two hundred
yards, the Etonians began to draw gradually away.
The Westminster party put on a fine spurt., but their
opponents went further in advance, hiaintained it all
the way, gradually leaving their adversaries more astern,
and won by one minute five seconds, accomplishing the
distance, nearly five miles, in twenty-six minutes. The
Westminster crew, although defeated, rowed a very
gallant stern wager throughout, and their style was ge-
nerally considered superior. The winners rowed in a
beautiful boat, sixty feet long, built by the emine: t
Searles, of Staugate.