The Sun.
London, England, 1847-03-05 00:00:00

ASSIZE INTELLIGENCE.
11701c7WERN CIRCUIT.--Durham, March 2.
This morning the learned judges proceeded to the county
•ourts at noon. Mr. Baron Alderson proceeded to charge the
grand jury in the Crown Court, while Mr. Baron Rolfe com-
ae nced the trial of causes on the civil side.
The cause list presents eighteen causes; the calendar
about as many prisoners. Neither appears to be of a heavy
character. There are three cases of manslaughter, which,
though fatal to life, do not appear to be of a ferocious cha-
racter.

CROWN SIDE.
Witham Errinnton, was charged on an indictment for
having on the night of the 22d- el December last assaulted
and robbed Thomas Brown, at Sacristan, of 11/. 10. s. in
money, some groceries, and a watch.
Mr. Otter conducted the prosecution, and Mr. Matthews
the defence.
It appeared from the evidence of the prosecutor that on the
22d of December he had been to Durham and Sherborn Hill
to settle some accounts, after which he had between 111. and
121. left. On his return he had called at a public-house called
the Halfway House. He and the prisoner entered together,
and he treated the prisoner. About ten o'clock they left
together, both quite sober. The prisoner carried a bundle
which the prosecutor bad, and proposed to see hint borne.
After they had proceeded some distance the prisoner went
behind him, and knocked him down and rifled his pockets.
After some time the prosecutor got to a Mr. West's cottage,
where he obtained assistance, and police-officers were sent in
pursuit. It was not, however, till after a chase of 1,150
riles that the prisoner was captured, at some coal works
near Paisley, in Scotland. Previously he had worked at the
Sacristan pit. The prosecutor swore positively to his identity,
and other persons spoke to their being together at the pot-
hot Ilia.
Mr. MATTHEWS addresseti the jury for the prisoner.
Verdict—Guilty. To be transported for twenty years.
Ralph Greenwood was indicted fur attempting to discharge
a loaded gun at Thomas Watson, a police-officer, on the lith
of December last, near Hartlepool.
Mr. S. Gray conducted the prosecution, and Mr. Matthews
the defence.
It appeared that on the morning of Christmas-day last
the prosecutor was in his host, when he observed the prisoner
and another, each with a gun, beating a hedge for game. Ile
went to them, and attempted to take the other, when the
prisoner levelled his gun at him, and said,
"'My gun is
loaded ; what if she goes off ?" and pulled the trigger. The
prosecutor heard the snap, but it did not go off. He then
went for assistance, and the prisoner and his companion
quietly walked away. The prosecutor returned with assist-
ance, and they were taken into custody, and taken to Hartle-
pool station-house. The gun was then loaded, and a cap was
on the nipple.
Mr. MarrorEws, for the prisoner, contended that there was
no proof that the gun was loaded at tke time, or that there
was then any cap on the nipple. Plenty of time had elapsed
while the officer was away to load the gao. If it was not
loaded, or if there was no cap on, so that it was not in a state
to go off, the prisoner was entitled to a verdict.
Verdict—Not Guilty.
Nothing of interest occurred on the civil side.

WESTERN ClRCUlT.—Wincheqer, March 2.
NISI PRIUS COURT.—( Before Mr. Justice CRESWELL.)
JONES V. CLARK.
This was an action brought by the plaintiff, who was a
stockbroker at Southampton, against the defendant, who was
alao a stockbroker at that place, to recover damages for the
non-acceptance of certain scrip in the Oxford, Newbury, An-
dover, Manchester, and Southampton Junction Railway.
Mr. Crowder arid Mr. Massey conducted the plaintiff's
case ; Mr. Cockburn and Mr. M. Smith appeared for the de-
fendant.
The declaration contained two counts, the first alleging a
sale of the scrip to the defendant generally, and a non-
acceptance by him. The second count alleging a retainer
by the plaintiff of the defendant, as broker, to sell the said
scrip for the plaintiff for certain commission and reward, in
the way of his business as a broker; in consideration
whereof he (the defendant) promised the plaintiff to he re-
sponsible to him for the payment of the price of the said
scrip when sold, with allegations of the tender, and non-
acceptance of the scrip. The defendant pleaded general
pleas; first the general issue, and then traverses of all the
material averments in the declaration, with a special plea
setting out that since the making the promises in the decla-
ration mentioned, and before the tender of the scrip, the con-
tract had been dissolved, by the company having changed
their capital from 600,0001. to 900,000/, and also altered the
deposit, and thereby voided the contract which had been en-
tered into by the defendant.
It appeared by the statement of the Learned Counsel for
the plaintiff, and the witnesses called in support of his case,
that the plaintiff and the defendant were sharebrokers, car-
rying on business at Southampton, and that in the early part
of October, 1845, the plaintiff applied to the defendant to sell
for him scrip for fifty shares in the Oxford, Newbury, An-
dover, Manahester,and Southampton Junction Railway. This
he agreed to do, and on the 16th of that month sold them to a
Mr. Mackay, a solicitor, in Southampton (who was the pro-
moter of the line), at a premium of 2/. ss. per share. The
allotment was not made until the 31st, and on the 29th of
November the scrip was tendered by the plaintiff's solicitor
to the defendant, and the money for the same demanded, but
the defendant refused to receive the same, saying that he
had sold the shares to Mr. Mackay, and that as soon as Mr.
Mackay paid him, he would pay the plaintiff. Mackay,
however, having got into difficulties, and the scrip being down
in the market, refused to accept the shares and pay for the
same; whereupon the present action was brought against the
defendant, on the ground that, according to the e usage amongst
brokers, he was responsible to the plaintiff for the value of
the scrip at the time it was sold, and evidence was given of
such usage amongst the brokers in Southampton.
On cross-examination of the plaintiff's witnesses, it was
elicited that there were only three sharebrokers in South-
ampton, including the plaintiff- and the defendant, and also
that after the sale of the scrip, and before the tender of the
same, the committee of management of the railway had, by
the advice of their engineer, increased their capital from
600,000/. to 900,0001., and also altered the deposits from 2/. ss.
per share to 21. 2s.
Mr. COCKBURN submitted, on the part of the defendant,
that there was no case to go to the jury. First, he contended,
that the first count in the declaration was not proved, as it
was clear that the defendant acted purely as a broker, and
did not buy the scrip for himself, but merely acted as agent
between the parties ; and as to the second count, that there
was no usage whereby to charge the defendant, as a broker,
with the responsibility of paying for the scrip unless he had
received the money from the party to whom it had been
sold ; he also submitted that the scrip tendered was not the
article bargained for, as the capital in the railway had been
changed, by being increased one-third, and the -deposits on
the .-hares altered from 2/. ss. to 2/. 2s.
Mr. Justice CuesswELL, however, observed, that there was
some evidence on both counts to go to the jury, both of a
sale to the defendant personally, and also of the usage to
charge the defendant with responsibility, even if he sold
merely as agent. With regard; to the alteration of the
capital and deposit, he would reserve that point if necessary.
Mr. COCKBURN then addressed the jury for the defendant,
and contended that this was an unworthy attempt, on the
part of the plaintiff, to make the defendant liable in a trans-

action in which it was never intended that he should be
liable;' the real intention of the parties being that the de-
fendant should merely act as agent for the plaintiff in the
sale of the scrip, and as soon as the money was paid to him
he was to hand it over to the plaintiff. lie also called wit-
nesses to show that the defendant had mentioned to the
plaintiff the name of the person Mackay, to whom the scrip
bad been sold, before the sale to him, and that he had as-

be boarded by pirates, and he then took the parcels from
a drawer on the starboard side of the cabin The one parcel
was about a foot, long and half a foot broad, and the other
was about half that size. They were both in paper, and
strongly sealed. The diamonds were kept in the same
drawer all the vo.) age. The master told him that the ship
was to have so much per cent. for the freight of them. Wit-
ness remarked, " If you were to take out a few of these dia-
monds how would the people know ?" He answered, that they
were all weighed at Bahia. He remembered the ship being
abreast of a small port to the south-east of Brest, and two
gentlemen coming aboard and asking the captain to show
them the diamonds. He did produce them, and they were
then sealed as he had before seen them. From that time he
had not seen them again. When they reached Deal they
were boarded by a boatman, and the captain went down to
the cabin in which the diamonds were kept to dress himself,
and, after au absence of twenty minutes, returned on deck,
and, against the wishes of the witness, he went ashore. The
boatman was the worse for liquor at the time. The captain
did not reture, and, on the succeeding morning, iiLr. 111•Millan
came on board, and the captain's drawer was forced and no
diamonds were found.
William Brown Ratford, steward on board, remembered the
Deal men having a conversation with the captain. ( Witness
had once seen the captain showing the parcels of diamonds to
Lloyd's agents off the coast of France.) In the conversation
with the boatmen, the captain asked if he would be searched
on landing, and just before he left the vessel he saw the cap-
tain remove them from the drawer. He then went ashore and
did not return.
George Foreman, kept the Albion public-house, Lower E.,st
Smithfield, mot remembered the prisoner calling at his house
on the 21st January, about five o'clock in the evening. On
the succeeding morning prisoner asked if he (witness) could
recommend a tailor, and on witness answering that he could,
prisoner said that he had got some stones that he had been
speculating in, aid he asked if he (witness) could sell them
for him. He said that he had never seen such things before,
but he would take them as he went to the tailors' and inquire
about it. The paper was Open, and prisoner told him to ask
5501. for them. Witness went to Hoare (the tailor), and
showed him the diamonds. They then went to a man named
Gideon, who sent foranother man, Benjamin ; the latter person
tried the market, but could not get the money asked for them.
Witness returned and told the prisonerthat such a sum could
not be obtained, and the prisoner then furnished some more
to him, and said, "There, take all, and get what you can
for them." He also said," You and the tailor have'had some
trouble about it, there are a few diamonds for each of you."
Witness put the diamonds handed over to himself in his
pocket, and the tailor did the same. On the next morning
they accompanied Benjamin to Mr. Martin's, in Bucklers-
bury, who purchased the diamonds, and gave a cheque for
1,760/. for them, which was afterwards cashed by witness, and
the proceeds given to the prisoner. Prisoner on Saturday
left, and gave him a note for 301., saying that will settle my
bill, and you can keep the change for yourself. On the Mon
day after witness gave his diamonds to Hoare to sell them.
Crosi-examined. by Mr. BALLANTINE—Witness told Mr.
Martin that the diamonds belonged to Captain Kerr Micosin.
—( Laughter.) He did not mean "my cousin," but Micosin,
which he took to be a man's name.—(Continued laughter.)
Ho did not believe that Captain Kerr had more than a glass
of gin and water the night he had arrived.
Mr. BALeaxmlE—Which you charged 30/. for.
Hoare, tailor, corroborated the evidence of the last
witness.

Cross-examined by Mr. BALLANTINE—He sold his own
diamonds for 140/.
Mr. CLanic.sus said that he had the persons Gideon and
Benjamin present, and would call one or both if required.
Benjamin Benjamin proved that he sold 2,500 carats to
Messrs. Blogg and Martin for 1,750/. He (witness) bought
the diamonds produced from the two last witnesses for 280/.,
and entered into a contract to sell them on the Tuesday for
5201. That contract he had afterwards annulled.
Mr. Martin )of Blogg and Martin's), proved that Foreman,
Hoare, and Benjamin had called upon him, and representing
that a cousin of one of the parties, a Captain Kerr, had some
diamonds for sale, asked him to value them, with the view of
purchasing them. After some hesitation
he purchased them
for 1,750 k They weighed 2,500 carats, and he sold a portion
of them, 1,549 carats, to a person at
msterdam for 235. per
carat (1,781/. 75.)
John Forrester indentified the diamonds which were
handed to him by the prisoner at Montreuil.
Joseph Beedle, clerk in the Commercial Bank, proved that
he cashed Mr. Martin's cheque for 1,7501. with part of the
notes given up by the prisoner to Mr. M`Millan.
The consignment was then proved.
Mr. BALL/STINE then addressed the jury for the defence.
The LORD CHIEF BARON carefully recapitulated, in his
summing up, the whole of the evidence, and the jury, after
consulting for a few minutes, returned a verdict of Guilty of
stealing on the high seas.
The LORD CHIEF 13mtoN then, in an impressive address,
sentenced the prisoner to seven years' transportation.
This case occupied the court nearly six hours.