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London, England, 1841-03-29 00:00:00

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LONDON, MONDAY, MARCH 29, 1.,41.

ASSIZE INTELLIGENCE.

tion. The Learned Gentleman then proceeded to address the
Jury, and admitted he could not contend with the evidence
which had been adduced to show that the prisoner was the
party whohad obtained the letters from the post -office, an offence
to which he had no doubt been tempted by the extreme care-
lessness displayed in the Manchester office. The only question
for them was, whether the prisoner had the deliberate inten-
tion of stealing the property and applying it to his own use at
the time he obtained it, or whether it. had not been originally a
mere boyish frolic in calling out at hazard a number, the temp-
tation to dishonesty coming upon him when he found the na-
ture of the papers which this careless conduct on the part of
the pest-office officials had put in his hands. In the latter
case his act would not be a felony.
His Lordship summed up, and the Jury found the prisoner
Guilty.

HOME CIRCUIT:—LEwxs, Melo' 27.
The business of this Assize concluded last night, and
the Learned Judges left Lewes this morning for town.

CROWN COURT.
(Before Lord DENMAN.)
Robert Fuller, the man who pleaded guilty on Tues-
clay to a charge of aggravated assault upon his w
under such circumstances as to leave very little doubt
that his intention was to have murdered her, and whose
judgment was respited, was brought up to receive the
sentence of the Court,

Lord DENMAN addressed the prisoner in a most im-
pressive manner, and said, that although the prosecutors
had consented to allow him to plead guilty to the charge
of assault only, it was the duty of the Court to look at
the evidence, and upon the depositions a more aggra-
vated case never could be made out, and it would ap-
pear to have been almost a special interposition of Pro-
vidence that his unhappy wife had not become a victim
to the attack tuAde upon her, in which case his own life
would most certainly have been sacrificed. Under the
circumstances, the Learned Judge said that he felt his
duty to the public compelled him to pass the most se-
vere sentence affixed by the law for the offence of which
he had been convicted.

POLITICAL SUMMARY OF THE

MORNING JOURNALS.

The Morning Chronicle of this day observes, in the tours*
of a leading article on the parochial law of Scotland :—" We
have always maintained that a country can never be in a
healthy condition in which there is not a compulsory provision
for the poor. The owners of the soil ought to be made to feel
themselves responsible for the people reared on their lands, and
self-interest in that case will lead them to attend to the pro-
portion between the numbers of the people and the means for
maintaining them. At present this duty is utterly neglected
by the landlords in the Highlands, who are the great breeders
of paupers, and coolly propose the removal of multitudes at
the expense of the nation A better proof of the badness of
the system now prevailing in Scotland cannot be afforded than
this, than while the towns are in this disgraceful state,
the country is advancing rapidly in prosperity—is iu
fact at this time the most thriving part of the island."
The Morning Post, speaking of the official orders issued by
the New Poor-law Commissioners, says :—" The fault may
possibly not be so much with the ommissioners who give the
orders as with the secretary who reduces them to form, and
communicates to them his peculiar style. But, wherever the
kult may be, there is undoubtedly the fault of an offensive
dictatorial manner, as if the Commissioners could not be
• o•herwise than exactly right, and every one who differed with
them unquestionably in the wrong. It seems to he the opi-
nion of the person who prepares the writings which issue
from the Poor-law Commission, that it is very proper to treat
the commonly-received notions of kindness and humanity
with contempt. This is deserving of the gravest censure.
The Morning Herald states, in allusion to some recent amend-
ments in the new Poor-law Bill :—" May we not infer that the
cause of humanity is on the advance in the Cabinet, as well
in the House? That at last the voice of the poor will be
favourably heard, in reference to their appeals from many of
the most grinding and obnoxious clauses of the existing Poor-
law ?"—The Times, referring to the new Poor-law question,
remarks as follows :—" We have never been, and we will never
affect to be, advocates of the union system, and we utterly dis-
like the constitution of boards of guardians. If the Poor-law
Commission were abolished, we should place no confidence in
them, and we have no doubt whatever that many gross cases
of oppression would then, as now, arise out of their mismanage-
ment."

The prisoner was then sentenced to be imprisoned
for three years ; and the Court also directed that the
last fortnight of each three months he should be kept
in sol tary confinement.

CIVIL SIDE.
BROWS V. SCRACE.

This was an action to recover damages of the de-
fendant for having, as was alleged, wantonly defamed
the character of the plaintiff, and a plea for special da-
mage was also set up.
Mr. Thesiger, Mr. Platt, and Mr. Charnock were
for the plaintiff, and Mr. Sergeant Shee and Mr.
Creasy for the defendant.

Mr: THESIGER said the plaintiff in this action was
a respectable medical man, carrying on business at
Brighton, and the defendant was also a tradesman and
bcadborough of the same town. The defendant had
thought proper upon the public race-course to make
use of such language, and cast imputations of so offensive
-I character upon the plaintiff that he was compelled in
his own vindication to adopt the present proceeding, and
his only object in so doing was to vindicate himself from
the imputations cast upon him.
Mr. Richard Pellew deposed that he was a surgeon
at Brighton, and he knew the plaintiff, who was of the
same profession. On the sth of last August he was
with a gentleman named Collins, at the Brighton races,
and he heard the defendant tell the plaintiff that he had
come home dm k and had " whopped" his wife, and
dragged his dead child out of the coffin, and he repeated
the same expressions a second time. Witness, in con-
sequence of these expressions being used, declined to
meet the plaintiff at the time.
Cross-examined--He said at the moment that he
should decline holding any communication with the
plaintiff, but after consideration he should not now ob-
ject to it.

- -
John Goldsmith deposed that he was an innkeeper at
Lewis, and he was present when the occurrence took
place. The defendant was acting in his capacity of
headborough, and he ordered the plaintiff off the course.
They both appeared rather excited, and the defendant
said, " 'There's a pretty rascal, he went home t'other
night and beat his wife and pulled the dead child out of
the coffin."

Cross-examined—Did not bear the plaintiff say " Who
are you Mr. Pinchcrust? you had better go home and
sell short weight."—(Laughter.)
Mr. F. Collins deposed that he went with plaintiff to
the races, and while they were standing together the
defendant came up and pushed roughly against them,
and told the plaintiff that he must leave the course.
Plaintiff civilly refused, and asked for his' autho-
rity to remove him, and he produced a staff,
and said that was his authority. The plain-
tiff then said that he might have asked him
to go in a more civil manner, and the de-
fendant then made use of the expressions imputed to
him. Plaintiff had attended witness and his family
professionally before this, but since that event he had
never been in his house, and he told the plaintiff that
he could not allow him to do so until he had cleared his
character.

Cross-examined—He told the plaintiff that he ought
to go into Court, and offered to be his witness. He
ha .I been in plaintiff's house several times, and some-
times drank some gin and water with him. The defend-
ant called out, " I am Pinebutte, the baker."
Sarah King, a neighbour to the plaintiff, proved that
st the time the plaintiff's child was lying dead, she
heard no noise or swearing in his house ; and she must
have done so, she said, if any such thing had occurred.
This being the case for the plaintiff, Mr. Sergeant
SLICE submitted to the Court that there was nothing
to go to the Jury.
Baron PARKE expressed a similar opinion, and the
pl,iintiff was accordingly nonsuited.
The sentence upon the Messrs. Gell for assaulting
Mr. Fullager, has created a very great sensation in the
town of Lewes, and our correspondent was informed
that another application was made to the Learned Judge
to rescind the sentence of imprisonment, but he refused
to do so, and the only amelioration of that sentence
has been that the defendants were ordered to be sent to
the debtors' gaol at Horsham, instead of the House of
Correction. If they had gone to the latter prison they
would hive been compelled to wear the prison dress and
to have the prison allowance, and this must have been
felt most severely by persons in their station of life.

NORTHERN ClRCUl7'—.Lrricar,ooL, March 26.
The Judges arrived here last night, and opened the Com-
mission of Assize.
There are ninety-seven prisoners in the calendar, seven of
whom are charged with murder, seven with rape, two with
attempts to murder, and one with aiding and abetting that
crime. There are ten cases of manslaughter, eight of cutting
and wounding, four for forgery, two burglaries, besides felonies
of the more ordinary description. The cause list contains
sixty. four in the first or Manchester list, and one hundred and
twelve in the Liverpool list.
(Before Mr. Baron RoLFE )
WILKINSON V. WALKER.
This was an action to recover compensation in damages for
an injury sustained by the plaintiff from the misconduct of the
defendant.
Mr. Hill and Mr. Cresswell were for the plaintiff; Mr.
Alexander for the defendant.
The plaintiff Mary Ann:Wilkinscn a young woman. twenty-
two years of age, is a miliner and Aressmaker, residing with
her mother at Andenshaw, near Gorton, and is the organist of
the Dissenting chapel there. In August, 1837, she was at an
evening party. After supper she was about to sit down to
the piano, when the defendant suddenly withdrew the chair,
and she received a fall. Active means were required to
subdue the inflammation. In November she went to the
chapel to play, but suffered a relapse, and it finally became
necessary for her to give up her occupation. An engagement
under which she was to have been married was broken off
in consequence of the ill health to which she was reduced.
In the end of last year she was attacked by a disease of the
spine, which made considerable progress, but was now getting
better, from the remedies applied by her medical adviser.
When organist at Gorton she had Si. per annum for ber ser-
vices, and usually four or five pupils.—Damages, 501.
MAiten 27.
John Browne, a lad aged 16, was indicted for stealing cer-
tamn letters and a great number of hills of exchange, the pro-
perty in which was laid, under the statute, in the Postmaster-
General.
It appeared that an the 19th of December last the mail from
Liverpool had been late at the Manchester office, and there
being in consequence considerable bustle in the delivery, a
clerk who did not usually attend in the office in question
was called in to assist in that department in which the boxes
are kept for the various mercantile houses in Manchester.
While so engaged a person, whom he believed to be the pri-
soner at the bar, called out the number 286, which is that
of the box appropriated to the Bank of Manchester. He re-
and expressed impatience
clerk finally gave him the
ltiiiTnehielse'Proved to be a letter from
nbt
being
tsghoef
detained nu t
hen bbeorxs
os2e
s‘l•
60e
long.
several re-
peated t
the Bank of Liverpool, containing bills to the amount of
6,4091., a letter from the Bur Banking Company containing
a check for 471. 10s., and a third letter from Newtown, in
Wales, containing a bond. The mistake which had been com-
mitted was not discovered until the clerk who usually fetched
the Manchester Bank letters called and found they had already
been delivered. In the course of the morning the check from
the Bury Bank was presented by a person who was identified
as the prisoner at the house of Messrs. Jones, Loyd, and Co.,
in Manchester. It harbeen, in the usual way crossed to the
Manchester Bank, but this had been struck out, and the name
of Thomson inserted. On being presented, the clerk before
cashing it spoke to one of the principals, who went to the
counter and spoke to the prisoner, there was something
wrong about the check, and it would be detained until a com-
munication was had with the Manchester Bank. The prisoner,
however, was allowed to depart, and of course did not return to
claim the amount of the check. On the 21st of December,
Mr. Burdekin, manager of the Manchester Bank, received the
following letter through the post:—
" Sir,—l will be obliged to you to inform me what you
would give to have the bills and notes returned I got from the
Post-office. If you
• I advertise in the Manchester Guar-
dian I will return them. They amount to about 7,e00/., and
you shall have them all back except the check of the Bury
Bank, which I sent a lad with to Jones, Lloyd, and Co.
J. B.
" Just state what you will give, in the Manchester Guardian
of Saturday."
custody The prisoner was taken into on another charge some
days after, and en inquiry being made at the house of a Mr.
funds, the bondservice which was
enclosed in the third letter was in the pocket of his
jacket, and in the room which he occuped some fragments of
letters, which proved to have belonged to those in which the
bills and check had been enclosed. In the pocket of a mackin-
tosh cloak, also belonging to the prisoner, were hound nine so-
vcrigns.
When taken to the lockup he wrote a letter to Mr. Rowe, in
which he spoke of the disgrace which he had brought upon
hlnnself ; but said he did not know what had induced him to do
, and that he had never wronged Mr. Rowe of a shilling. He
begged Mr. Rowe to forget him, but said he should never think
of him but as a kind and generous master.
Mr. WoItTLEY (for the prisoner) in point of law, contended
lint ill. offence proved by the evidence, supposing it conclu-
sive, was an obtaining under false pretences, and not a
felony. Its Lordship, after argument, overruled the objec-

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