The Sun.
London, England, 1847-07-17 00:00:00

the proper quarter, and he would advise the prisoner not
to piece any reliance upon a favourable result, 'or he
considersd it se ry possible that those whose province it
was te take such matters into consideration might con-
sider the offence was one of so dreadful a character,
that they would not feel themselves justified in advising
ncr Majesty to interfere to prevent the law from taking
its course. He should, therefore, advise him to make
the best use of his time, with the assistance of the
chaplain of the gaol, to make all the atonement in his
power in this world, by a sincere repentance for the
dreadful crime he had committed, and to be prepared to
meet that sentence which the law required bim to pass.
The sentence of death was then passed in the usual
form. The prisoner did not betray the slightest emo-
tion during any part of the proceedings, and when the
perdue of the skull of his victim was produced by the
surgeon, he looked at it quite composedly, and seemed
to regard the ceremony of fitting it to the tool with a
good deal of curiosity. When the Learned Judge had
concluded his sentence, he turned round and walked
away from the dock with the utmost composure, and
indeed he appeared almost the only unconcerned spec-
tator of the proceedings.
Mr. RYLAND, with whom was Mr. Rodwell, made an
application to postpone the trial of David Meihiereid, for
naaeslaughter, to the next assizes.
The defendant, who was out on bail, was the captain
of the Royal Victoria Leith steamer, and he was charged
with having run down a schooner, called the Rose, while
lying at anchor in the river, and thereby occasioning
the death of two men named Thomas Emmett and Henry
Seillibeer, and was chanted upon two inquisitions with
the offence of manslaughter.
Mr. RYLAND said that rite witnesses, who were nearly
all seafaring men, hart been bound over to attend, but
as no one had been instructed to conduct the prosecu-
tion, or get the witnesses together to ge before the grand
jury, only two of them were now in attendance, and it
was therefore useless to go on with the trial at these
assizes. He therefore had to apply to the Court to post-
pone the trial to the next assizes.
Mr. CLARKSON, who appeared for the prisoner, ob-
jected to the trial being postponed. He said that from
'he feeling entertained in Scotland with reference to a
person under such a charge, na person would employ
the defendant while it was hanging over him. He had
now been out of a situation for several months on that
account, and it would be very hard upon him that he
should be kept in the same position for eight months
longer, when is was the duty of the prosecutors to have
been prepared to go on with the trial at these assizes.
Mr. Baron PARKE said that under the Hebt.as Corpus
Act., if a prisoner surrendered on the first day of the
assizes, he had a rieht to demand to be tried at these
assizes, unless the Crown gave some good grounds for a
postponement. In the present case he was of opinion
that there was not sufficient ground stated .or post-
poning the trial. It was the duty of the pros cutors to
have taken care that the witnesses were in attendance,
and he could not help expressing an opinion that the
criminal business of the county, either from economy
or some other cause, was nut conducted as it ought to
be. On the first day of the assizes, in a most serious
case of poisoning, no counsel was retained to prosecute,
and he was obliged to hand the depositions to a Learned
Counsel in court just before the trial.
The defendant then surrendered, and he was given in
charge to the jury.
Mr. RYLAND said that, under the circumstances they
had heard alluded to, he must consent to their returning
.a verdict of not guilty. He had no witnesses in at-
tendance to support the charge.
Mr. Baron PARKE told the jury that they must find
the prisoner not guilty, because proper steps had not
been taken on behalf of the prosecution to get the wit-
nesses to attend. There was a failure of justice no doubt
in consequence of this proceeding, but it was not the
fault of the prisoner, and he ought not to suffer in con-
sequence Gf the neglect of those who pro4ecuted him.
The jury then returned a verdict of Not Guilty upon
both inquisitions, and the defendant was ordered to be
immediately discharged.
July 15.
At the sitting of the Court this morning,
Mr. .13 Iron PARKE said that upon a furttter considera-
tion of the point or law rai-eti by the Learned Cnuusel,
in the case of the two men Kimpt,at and Hickton, the
Dagenham policemen, he had resolved not to give effect
to it by p .stponing the judgment, but he should pass
sentence upon the conviction that had taken piece. leav-
ing it to the prisoners to adopt the course of issuing a
writ of error if they thought preper to do so.
The prisoners ipepton and Hidden were then again
placed at the bar and arraigned upon another indict-
ment. charging them with conspiring together to defeat
the ends of justice by giving false testimony before the
coroner at the inquest upon their murdered comrade,
Mr. Clarkson and Mr. Clark appeared for the Crown,
and Mr. Hawkins derended Kimpton.
Mr. CLARKSON was about to open the case for the pro-
se .ution, when
Mr. Baron PARKE interposed, and said he did not see
what necessity there was to go into this indictment. It
a conviction took place he should not pass any sentence
except upon the first indictment, and if no writ of error
was brought, or, if brought, the first conviction should
be held good, it would be quite unnecessary to proceed
with this indictment.
Some conversation then took place between the
Learned Counsel, and upon Mr. Cla,kst.n undertaking
not proceed any further with the indictment for con-
spiracy in the event of the conviction for perjury not
being disturbed, the jury were discharged by consent
cram giving any verdict upon this indictment.
At a later period of the day the prisoner. wise brought
up for judgment, and sentenced to pay a fine of Is., tube
imprisoned fur a week, and then to be transported fur
seven years.
This concluded the business of these assizes.