The Sun.
London, England, 1847-08-11 00:00:00

Lib. Peel. Prot.
Tennant, —.—Belfast ... 1 0 0
Thesiger, Sir F.—Abingdon • • •• 0 1 0
Thicknesse, R. A.—Wigan 1 0 0
Thompson, Alderman—Westmoreland ... 0 0 1
Thompson, Colonel P.—Bradford 1 0 0
Thompson, G.—Tower Hamlets ... 1 0 0
Thornely, T.—Wolverhampton 1 0 0
Thornhill, G.—Huntingdonshire 0 0 1
Towneley, J.—Beverley 1 0 0
Townley, R. G.—Cambridgeshire ... 0 I 0
Tollemache, F.—Grantham 0 1 0
Tollemache—Cheshire (South) ... 0 I
Traill, G.—Caithnesshire 1 0 0

Trelawnev, J. T.—Tavistook 1 0 0
Trevor, lion. G. It.—Carmarthenshire ... 0 0 1
Trollope, Sir J.—Lincolnshire (South) ... 0 0 1
Tufnell, H.—Devonport 1 0 0
Turner, E.—Truro .. 1 0 0
Turner, G. J.—Coventry 1 0
Tynte, E. K.—Bridgewater 1 0 0
Tyrell, Sir J. T.—Essex (North) ... 0 0 1
Vane, Lord H.—Durham (South) ... 1 0 0
Verney, Sir 11.—Bedford (borough) ... 1 0 0
Vesey, —.—Queen's County ... ... 0 0 1
Villiers, lion. C. P.—Lancashire (South)... 1 0 0
Villiers, Hon. C,P.—Wol.verhampton ... 1 0 0

Villiers, Lord—Cirencester ••• ... 0 1 0
Vivian, J. E.—Truro 0 0 1
Vivian, J. H.—Swansea 1 0 0

Vyse, E. K. H.—Northamptonshire (South) 0 0 1
Vyvyan, Sir R. R.—Helston 0 0 1
Urquhart, D.—Stafford .. 0 0 1
Waddington, D.—Maldon 0 1 0
Waddington, H. S.—Suffolk (West) ... 0 0 1
Wakley, T.—Finsbury. ... ... 1 0 0
NVal msley, Sir R. J.—Leicester (borough)... 1 0 0
Walker, R.—Bury, Lancashire ... 1 0 0
Walsh, Sir J.—Radnorshire ••• ••• 0 0 1
Walter, J.—Nottingham 0 0 0
Wall, C. B.—Salisbury 1 0 0
Walpole, S. H. Midhurst ... 0 0 1
Ward, H. G.—Sheffield 1 0 0
Wawn, J. T.—South Shields ... 1 0 0
Welby, G. E.—Grantham 0 1 0
Wellesley, Lord C,—Hants (South) .. 0 1 0
West, F. R.—Denbigh (district) .. 1 0 0
Westenra, Colonel—King's County ... 1 0 0
Westhead, J. P.—Knaresborough ... 1 0 0
Whitmore, T. C.—Bridgenorth 0 1 0
Wilcox, P. M.—Southampton 1 0 0
Williams, T. P.—Marlow .. ... 0 0 1
Williams, —.—Macclesfield 1 0 0
Willoughby, Sir H.—Evesham 0 0 1
Wilson, James—Westbury 1 0 0
Wilson, M.—Clitheroe ... 1 0 0
Wodehouse, E.—Norfolk (East) ... 0 0 1
Wood, Sir C.—Halifax 1 0 0
Wood, W. P.—Oxford (city) ... 1 0 0
Worcester, Marquis of—Gloucestershire (E.) 0 0 1
Wrightson, W. B.—Northallerton 1 0 0
Wyld, J.—Bodmin 0 1 0
Wyvill, M.—Richmond ... 0 0
Yorke, Hon. E. T.—Cambridgeshire .. 0 0 1
Yorke, H. R.—York (city) ... 1 0 0

MEMBERS RETURNED.

Liberals ... ...

Peelites

••• 95
••• ••• ••• •••

Protectionists ~. ... ... ... 163

ASSIZE INTELLIGENCE.

WESTERN ClRCUlT.—Bridgewater, Aug. 9.
(Before Chief Justice WILDE.)
Maurice Perry was indicted for tha wilful murder of
John Bailey, a constable, whilst engaged in the execu-
tion of his duty, on the 28th of June, at Bathampton.
Mr. Phinn and Mr. Cole were counsel for the prose-
cution, and Mr. Saunders defended the prisoner.
Mr. PIIINN, in detail.ng the facts of the case to the
jury, observed that it had been laid down by one of our
text writers that the ministers of justice, when in the ex-
ecution of their duty, were under the peculiar protection
of the law; and if a peace-officer came to suppress an
affray and was killed, it was murder, although the party
did not know who the constable was.

The following was the evidence adduced:—
Isaac Smith—l am a miller living at Bathampton.
On the evening of the 28th of June I was at the George
Inn. There were many railway labourers in the tap-
room. Solomon Daynton, John Potter, Maurice Perry,
and Samuel Crawley were there. There was a quarrel
between Daynton and Potter, and a challenge to fight
was given, and they went out into the field and fought.
The prisoner seconded Potter, and Crawley seconded
Daynton. There were 60 or 70 persons present. After
the men had fought two or three rounds Thomas Smith
came and told them they must give over fighting for he
was a constable. Some man knocked Smith down.
John Bailey, the deceased, then came into the ring, and
told them they must stop fighting. Some one asked
him who he was, and he said he was a constable called
to assist. Bailey was pushed out of the ring. He came
back again into the ring. A crowd of men got round
Bailey. I saw the prisoner and Crawley close to him
in a fighting position. Some one said they would kill
every constable that came into the field. Perry had on
a fustian waistcoat and a yellow cap. Crawley was in
his shirt sleeves, and he wore a blue cloth cap. I went
to assist Smith, who had been knocked down, and
when I looked round I saw Bailey in the people's arms.
Cross-examined—lt was a moonlight night. Crawley
was acting very violently. Bailey did not appear to be
in liquor; he had been hay-making. There was a lad
there named Samuel Bence, who was very tipsy. Crawley
had on a blue smock frock when he came into the field;
ha toolc it off during the fight.
Isaac Aplin—l am a labourer, living at Bath, and was
at the fight, and had been at the George before the fight.
I saw Bailey at the fight. He walked up to the prisoner
and said, "I am a constable, and if you don't give up
fighting I must take you." The prisoner directly
knocked him down with his fist. He got up, and another
man came up in a smock frock and knocked him down
again. He got up, and Perry struckahim again, but did
not knock him down. Ever so many more then hit
Bailey and kicked him. I heard one or the men say he
was dead, and -I helped to pick him up and carry him
into the house. Perry never spoke to Bailey that I
heard. When he struck him it was by the side of the
head.

Cross-examined—There had been some drinking at
the George. I had known the prisoner before for about
a month. I went over there to try and get some work
I merely looked on at the fight. The persons in the
crowd were hitting each other indiscriminately.
Samuel Bence—l am twelve years old. I remember
the fight. I work on the railway. I saw Bailey tap
Potter on the shoulder and say, " I am a constable, and
I must stop it." The fighting was then going on. Perry
and Crawley were then seconding the men who were
fighting. I saw Crawley hit Bailey on the side of the
head. The blow knocked him down. Perry then kicked
him in the stomach. Bailey said, " Lord have mercy
upon me in the midst of my sins." I was then five
yards from Bailey. George Bindons picked Bailey up,
and he and some others carried him in-doors.

Cross-examined—l had had half a pint of small beer.
I was not tipsy. Some one has told me that I nearly
tumbled into the canal as I was going home that night ;
but that was not correct. I got up the next morning at
half-past five o'clock. I was not ill. I have not told any
one that I expect to get a lot of money for coming here.
Charles Hunt went home with me that night. No acci-
dent happened to me as I was going home.
Mr. Batten—l was inspector of the works on the Wilts
and Somerset Railway at Bathampton. I know the pri-
soner. He had been at work on the railway. I saw
Potter and Daynton go out to fight. They fought under
the shadow of a tree. Smith came and interfered, and
afterwardsotie,ii,to aßoaoiloeLcbalino,e into the field, and said
directly
oirseoemtle and must take you into
custody." The prisoner said, " Mention no names, go
at it. I saw the prisoner strike at some one with his
left hand, and at the same time Crawley struck in the
same direction with his right hand. I could not see the
man who said he was the constable. I heard some one
fall. I then left the field. I heard a voice say, "He
was a constable." Ido not swear whether the man who
fell had been in the field before or not.
Cross-examined—The fight was a fair one. I saw
Samuel bench before the fight; he appeared, as I fancied,
as if he had been drinking.
Charles Denney—l am a labourer at Bathwick. I
was coming towards the George Inn between nine and
ten o'clock. I went into the field. I saw a parcel of
people, and Daynton and Potter fighting. I was with
Thomas Smith at this time. I saw Smith knocked down
' when he went towards the fight, but I do not know who
did it; the person stood by Perry. Samuel Crawley
kicked him after he was down. I got Smith up. Bailey
then came into the field up to Perry, and said he was a
tithing-man, and must stop it. The man standing by
Perry then knocked Bailey down, saying, " If you are a
tithing-man, I'll let: you know." Samuel Crawley then
kicked Bailey, and I took him up and helped him into
the house; he was in his shirt sleeves at this time. I
know Bailey to be a constable.
George Bence—l saw Smith come into the field. He
was knocked down. I saw Bailey come. I advised him
not to go into the mob. He said he must do his duty.
The
ehpoormni seao.a sm
n er
iasked Bailey for his authority. Bailey
said he had no warrant. He was then knocked down by
isfield. I told thtehm—nlot wasto afigh. I
constable,tw aasndknwoeenktedindtonwthne,
and kicked when I was down. I saw Bailey come into
the field just as I was knocked down.
Mary Bindon—My father went into the field with
Bailey. I remained outside. I saw Crawley hit
Bailey
three times out of the crowd.
The surgeon stated that there was an injury to the
brain, which might have been caused by a blow. There
was another injury to a vein near the collar. bone, which
caused a rupture of the vein. The blood had flowed from
that rupture, which must have caused instant death.
Mr. SAUNDERS addressed the jury on behalf of the
prisoner.
Chief Justice WILDE then summed up the case to the
jury. It was for them to ascertain whether there had
been one common purpose to prevent the deceased from
putting an end thatto
engaged fight. If
in that f they shouldttwr
unla ascertainul
p pur-
pose,
that there were
persons
pose,tlie
was then
one of
the second
dhoguewstbioon werewouldso begage
enwhedth?er
Didthe
prisoner
he himself give the blow, or did he aid and assist others
in the common object? If he did either he was guilty
of murder. Their solemn and awful duty was to look
cautiously around this evidence, attending to what the
epxr iesroeni
seer
thhaedi
rs
jani dd ,g
nas
entvi.n• I at htehehwandoldeoenses.e,
Tahnedyrenicuols-t
lect that they were the constitutional tribunal to pro-
nounce their verdict according to their own view of the
evidence.
The jury, having evidently considered the case most
anxiously for some time, said they found the prisoner
" Guilty of being a party concerned, but we have no evi-
dence of his having given the fatal blow."
The Cuter JusTicE said, " Guilty of being concerned
in what, gentlemen ?"
One of the jurors—In the murder, my Lord.
The CHIEF JUSTICE—If ,he was there with others,
having a common object to prevent the peace•officer from
putting an end to the fight, that amounts to the crime of
murder.

The jury again consulted together for some time, and '
when they turned round many of them were in tears.
The foreman:then returned a verdict of Guilty.
The. Clerk of Assize then addressed the prisoner—
Maurice Perry, you will remember you were indicted for
the wilful murder of John Bailey. Upon your arraign-
ment you pleaded not guilty, and for your trial put
yourself upon your country, which country bath found
you guilty ; have you anything to say why the Court
should not give you judgment to die according to law ?
The prisoner remained silent.
- The CHIEF JUSTICE, having put on the black cap,
proceeded to pass sentence upon the prisoner in the
following terms :—Maurice Perry, you have been
found guilty of having murdered the deceased man,
John Bailey. If the law were not strong enough to
vindicate the death of one of its officers in the peace-
able execution of his duty, we must cease to live under
the protection of the law. The circumstances under
which this man has received his death, either by your
hands or with your concurrence, are such as call pecu-
liarly upon the law to vindicate its justice and its power.
The man is called upon to execute his duty iu suppress-
ing a fight then going on in disturbance of the public
peace. He enters into the field. He does no-one act of
violence, nor utters one expression but what he is justi.
fled in doing. It is painful, indeed, to perceive that any
set of Englishmen could be met together for any purpose
who could join in beating and kicking a police-officer
acting quietly and soberly in the execution of his duty,
without one hand being raised to protect him, or one
voice uttering a single word for mercy. Many will feel
for your situation, standing at the bar of justice as you
now do; but it is not alone for the offender that pain
should e felt, it is for the unfortunate man whose life
you have been one of the instruments in taking away.
He was doing his duty, enforcing the law; you were
breaking the law, for you were acting with cruel vio-
lence, and inflicted death upon him. How Englishmen
could see him upon the ground, surrounded by you and
others, and repeating your violence, is degrading to the
character of the country. The jury have evidently
given a painful and anxious attention to your case.
In my opinion they could, consistently with their con-
sciences or their oaths, or in discharge of their duty,
pronounce no other verdict. You are not convicted
upon the evidence of one man; you are not con-
victed upon the evidence of several speaking to one act,
but several speak to your declarations and to your acts
all combining to establish beyond all reasonable doubt
that you have been guilty of the crime for which you
were indicted. You were the second of one of these men.
What was your conduct when the peace-officers came
into the field? Did you, when you learnt that they were
peace-officers, take any steps towards suppressing the
fight? Quite the contrary. Look at your acts, and see
if they do not tend to one common conclusion, that you
were determined to continue that fight by resisting the
officers to any extent. I say to any extent, for you pur-
sued your course even to the death of the unfortunate
man. Can it be supposed for one moment that any set
of lawless persons, whether railway labourers or others,
ever will be strong enough to murder the peace-officers
of the land with impunity? It should be known in
this country, and is known except by those disposed
to set the law at defiance, that every peace-officer re-
presents the whole force of the law and justice of the
country, and will ever be protected. You may murder
the man upon the spot, but justice and the whole power
of the country is pledged to vindicate his death. You
have sent that man as he himself cried, "in the midst of
his sins," before his Maker to answer for his deeds.
You are called for judgment; you have an opportunity
for repentance ; you have an opportunity to ask for
that mercy which you denied to him. The offence is
one for which I by law can pronounce but one sentence,
and there is, I apprehend, but one sentence that
any system of justice could require. You have mur-
dered an innocent man; you have deprived hi; family-
of his protection and the comfort they derived from him.
If you so little regarded the life of another, can your lite
be spared consistently with the public safety? I appre-
hend one conclusion only follows. In the remark I make
to you it is no part of my object to add to your affliction
or your sufferings—it is, that the justice of the law may
be seen, in the hope that the unhappy example you are
about to exhibit, may operate as an awful warning upon
others, and save many others who might but for that fall
into the same crime; it is, that it may be known that
peace-officers must be respected—that it may be known
that violent men shall not take the lite of another without
their own lives becoming forfeited. It is for that purpose
alone that I do not content myself by merely passing
upon you the awful sentence which it is my duty to pro
nounce. I deeply regret that I cannot discover in the
evidence anything that would justify sue in holding out
to you a hope that the sentence will not be carried into
effect. I should do you injustice if I did not call upon
you seriously to anticipate the very short period when
you are to appear betbre your God—if I did not tell you
that your earthly course is run. All that remains_ is for
repentance, and asking for that mercy for which you
have so much need. I, therefore, have only now to pass
upon you the sentence for the crime of wilful murder.
His Lordship then pronounced the awful sentence of the
law.
The prisoner, who was a very powerful man, remained
unmoved during the trial, and, after sentence was pro-
nounced, said,—He was innocent, he had never kicked
the man.
The court was densely crowded.

OXFORD ClRCUlT.—Gloucester, Aug. 9.
CROWN COURT.--(Before Mr. Justice EnLE.)
Mr. Justice Erie entered the Crown Court, which
was densely crowded, at nine o'clock this morning, when
John Skinner, aged 30, was arraigned on an indict-
ment, charging him with the wilful murder of Sarah
Skinner, his wife, at Clifton, on the Ist of June.
Mr. Skinner conducted the prosecution, and Mr. Hod-
dleston defended the prisoner.

It appeared that the prisoner occupied, with his wife
and two children, a room on the third story of the house,
No. 4, Limekiln-lane, Bristol, and it would seem, from
the general tenor of the evidence, was in the habit of
ill-using his wife. On the evening preceding the day
named in the indictment, her brother Irving called to
see them, and the deceased Complained of being ill,
which she said had been caused by falling off' a ladder,
giving at the same time a significant look at her husband.
On the evening of the Ist of June, which was Tuesday,
the day of the death of the unfortunate woman, Irving
again called on them about half-past seven o'clock,
when his sister complained of bruises. She did not
say how they had been caused, but her husband said
he bad beaten her. The husband was then poorly, and
was lying on the bed. Irving observed that the hearth
brush was broken, and asked how it occurred ? The
prisoner said he had broken it on Sally (meaning
his wife). Irving said it was a shame a family
wpaasys' A few more obser-
ed, and the prisoner then
house,-and got up from the
vos should
dtoieuornl
edsd
oqlfur
Irving
nsr
igeml
oiilunatr suchna t
uof t
hraee
bednd His sister clung to him,
a
if he did the prisoner
would three struggled together,
tboemgpguuert
ddheirhmihm e outr.
not
ob
They
hforce.te to go,
all as
and fell on the floor. The prisoner eventually got up,
ran to the cupboard, took out a knife, and forced
Irving out of- the room down three or four stairs. He
then returned to the room, and in a minute afterwards
heard a crash. He went down stairs and saw his sister
lying on 'the pavement, outside the house, covered with
ytdhyen expired. The body, in a
a woman. He went for a
was carried into tho house.
police,sblhoeod,ra breathedaann d
as supported pdwp oc
the ret, e
andd
body
bo
bending position, was observed by a witness falling from
the upper window. As it came down, it turned what is
falling on the head. A man in the pri-
called a summerset, the heels striking the lower window,
and the body
Boner's room was afterwards observed to put his arm
out, and close the window from which the deceased,
who was rather a powerful woman, had fallen. The
policeman went up stairs to the prisoner, who asked
where his wife was. The officer told him she was
lying dead down stairs, on which he lifted up his hands
and gave a smile. These were the facts of the case, as
proved at great length by the witnesses called for the
prosecution.
Mr. HIIDDLESTON, on the part of the prisoner, called
an intelligent boy named Daniel Clanney, who deposed
that he slept on the landing, near the prisoner's room,
on the evening in question, and was awoke by hearing
Irving and Skinner scuffling and fighting. He got out
of bed, and got on a chair, when he saw the unfortunate
deceased catch hold of the top of the window and throw
herself out backwards, as the prisoner was re-entering
the room. The prisoner betrayed no emotion, but closed
the window, and went to bed, where he remained until
the officer came up to him.
The lad was cross-examined at great length as to the
facts he had deposed, but his testimony was not at all
shaken. _ _

Mr. SKINNER having replied,
His LORDSHIP carefully summed up, and
The jury, after some deliberation, returned a verdict
of Not Guilty, which was received with considerable
surprise in court.
The trial occupied nearly six hours.

NORTHERN CIRCUIT.—Lancaster, August 9.
The commission was opened here on Saturday by Mr.
Justice Wightman, who attended the parish church yes.
terday. The Chief Baron did not arrive till seven
o'clock last evening. The business commenced at eleven
o'clock this morning. There are eleven causes in the
list, of which six were disposed of in an hour. The
calendar contains the names of sixteen prisoners, five of
whom are charged with --one manslaughter, three others
with separate manslaughters; two with wounding with
intent, one to murder, and the other to do grievous
bodily harm ; two with felonious assaults on infants;
two with stealing; and two with conspiracy to defraud.
The Chief Baron presides in the Crown Court, and Mr.
ns and Thomas Yates, five y g
Justice Wightman at Nisi Prius.
(Before the CHIEF BARO.)
Edward Parker, John Custley, ON rape, Thomas
oun apparentl
Johnson, y
working men,
were indicted for the manslaughter of
Edward Seward, at Lancaster, on the 4th of July last.
It appeared that the 4th Of July was the Sunday
before the races here, and that the custom is on that
day to sell liquors in booths erected on the race ground,
and Parker on that day, meeting with the deceased, had
some words, and then fought after the pugilistic manner,
in rounds, and the battle lasted near an hour. At the
last round, Parker put his arm round the neck of the
deceased, who was then on his knees, and struck him
several blows on the neck, and be became soon after in-
sensible, and was carried into a booth, and a surgeon
sent for. Becoming worse, he was taken home. The
other prisoners acted as seconds—Custley and Johnson
for Parker, and the other two for the deceased.
Mr. W. G. Moss, surgeon, said he was called in about
one o'clock on the morning of the sth, and found
Seward in a comatose state—quite insensible. He had
death a
vtiholteon
ce an ;
several severe contusions on the head and neck. He
bled him, and applied mustard plasters, but he died
hisabout seven o'clock the same morning. He attributed
ex-
ternaleffbuusti,ononofexthaemibnraatiino,n,prloiedusededmibuyedhe
could not say positive,ky
that it was so produced. It