The Sun.
London, England, 1847-08-14 00:00:00

ASSIZE INTELLIGENCE.
NORTHERN ClRCUlT.—Liverpool, 'august 12.
(titre the CHIEF BARON.)
Jelin Gordon was indicted for the manslaughter of
Thomas I'r tee, a child between seven arid eight seers of
age.
Mr. Monk end Mr. Mylne conducted the prosecution
Skeptisoner sees nut defiruded by counsel.
Tne -prisoner, it appeared, was a master chimney
sliteoper, at Manchester, and the death of Thomas ?rice
was caused in the course of sweeping the flues of a fur•
nace attached to the works of Messrs. Tennant, which
are used in the manufacture of chemicals. The flues ca
such furnaces are, it appears, cleaned out twice or thrice
a year. The day chosen for this purpose is usually. thi-
Sunday, the fires being drawn on the Saturday
night.
and the boilers filled with cold water, so as to cool dowe
the flues to such a temperature as will enable the per-
sons employed to enter them fur the purpose
Tennant'.
sweep
lug out the soot. The flue at the Messrs. ennan
works was one of considerable length, and in its cours'
from the haler to the chimney there were several aper
tares called manholes for the purpose of permitting
Gams, It was three feet ten inches deep and nineteen
inches wide. On the occasion in question the fires had
been drawn in the usual way on the previous evening.
and the flues were, it was alleged, sufficiently cooled by
the following morning. The prisoner, with the de-
ceased and a person of the name of Kerry, went to
the works about eleven o'clock for the purpose of sweep-
ing them. The deceased was then in good health.
They proceeded to remove the soot from the flue,
the deceased and Kerry entering at the manhole nearest
the boiler. Kerry was further up the flue, and was em-
ployed in scraping down the soot towards the deceased,
who emptied it into a water can and carried it to the
opening. The soot, it appeared, had by seine accident
caught fire, and was then burning in the bottom of the
flue. Kerry at last c ime out of the flue, leaving the
deceased in it. The prisoner was outside at the manhole.
Kerry toad him the flue was too hot, and said the de.
ceased had better come out to out himself. The pri-
soner desired the deceased to come out, and he did so.
He remained out some time, and the prisoner then told
him to enter the flue again. The boy objected on ac-
count of the heat, but the prisoner stroek him with
something on the side of the head, and he then v. ent
into the manhole again. Kerry went in after him, anti
passing the d. ceased, went further up the flue. The
deceased was then liiddinc, his head down and breathing
thick. After Kerry- haebeen there some time he went
on to another part of the flue. In the mean time a per
son of the name of Winstanley, who was employed in
the works, heard the deceased scream. He went to the
manhole where the prisoner WA , and asked what was the
matter with the boy? The prisoner said, " The young
devil's gone into the floe barefoot, and it burns his fret."
Winstanley then said, "Why did you send him in if it's so
hot?" The prisoner replied, " It's not that hot; I've been
in it myself. The young devil's foxing." The prison- r then
shouted to the deceased, and told him to get on with his
work, or he would mill him. The prisoner then shouted
"Tommy" two or three times, but received no answer.
The deceased made a noise as if he was sobbing. The
prisoner then said he would go in and fetch him out
He did so, and in getting him out said he found him
lying on his face in the soot, and drawing the soot into
him. The boy was then insensible. The prisoner then
called Kerry our of the flue, and met him as he came out,
5a3,411g, " Yon lad's dead." Kerry saw him lying near
the manhole breethirg very th ck. The prisoner brought
"Altvevatee:and. -bathed his forehead. He said the buy
wasAttriihggrelontlileg to be ill). but at last sent Kerry
for a c imue'y cloth, in which the boy was wrapped and
carried to the prisonet's cellar. He was laid on a straw
bed. He rolled about very much, but was unable to
spink;fienti seemed insensible. The prisoner repeated
that the deceased was capping, arid told Kerry to fetch
the rod. Kerry said he could not find it ; but the pri-
soner got a stick, and, although Kerry and the prisoner's
wife tried to prevent him, took off the shirt of the de-
ceased and struck him several severe blows across the
back. The deceased cried out, and rolled about, but
seemed still unable to speak. The prisoner's wife and
Kerry washed the deceased, who still continued, asKerry
described it, to roll about, and knock his head against the
floor, being at the time probably in the convulsions of
death, and he very soon after expired.
The medical man who examined the body after death
stated that he found several slight burns and bruises on
various parts of the b.,dy. There were several severe
ones on the.back, caused apparently by blows. These,
however, had not been the cause of death. The post
marten: examination alone afforded no certain evidence
of what was the immedi ate cause of dent'., but, coupled
with the evidence, satisfied the medical man that his
death had been caused by convulsions produced by
suffocation. The convulsions which had preceded death
would diminish the appearances of suffocation in the
lungs. •

The prisoner, in his defence, accused Kerry of having
in the flue sTruck the deceased with a rake, and stated
that the boy was very tond of him. He had cone by
his own wish to live with him and serve lion in his
trade, and that he had always treated the child with
kindness.

Several witnesses were called who gave evidence to
this effect, and among these the mother of the deceased.
His LORDSIIIP summed up, and the jury, after a
short ci,nsultation, returned a verdict of Gull:y.
Sentence was deferred.
On the Civil side a number cases were disposed
of during the day, which, however, were of no public
interest.

WESTERN ClRCUlT.—Devizes, August 12.
The commission for holding the assiz-s of the county
of Wilts was opened hare yesterday afternoon by Mr.
Justice Williams, who afterwards went to church, and
then dined wiih Mr. Sotheron M.P.

The business here is unusually heavy, there being 54
prisoners for trial, charged with every description of
offence, and no less than 19 causes have been entered,
being a number far exceeding anything known for many
years; so that in this county the Small Debts Act has
not pr,duced the result anticipated.
This morning the Learned Judges commenced the busi-
ness of the assize; the Chief Justice %Vilde presiding in
the Crown Cuurt; sad Mr. Justice Williams sitting at
Nisi Prius.

Daniel Haines was indicted for maliciously cutting and
wounding Thomas Hewlett, of Bishopstone, with intent
to do him some grievous bodily harm.
Mr. Slade conducted the case for the prosecution.
It appeared that Hewlett was a labourer at Bishop-
stone. On Saturday night, the 24th of July. Hewlett
was at Taylor's public-house; he lett abi ut a quarter
past 11 o'clock accompanied by his wife, and sat down
on a bank by the roadside. Three men came along
the road, and sleet!), after the prisoner came up, and
quarrelled with the three men tor half an hour ; the
prisoner then came straight back to Hewlett, and
wanted to know wno he was. Hewlett said it was no
difference to him. The prisoner then caught him by the
collar and pulled him about. Hewlett told the prisoner
to go home. The prisoner asked him what business he
had to order him home? He then went and sat down
by Hewlett's wife. Atter a short time he jumped up
and said he would fight any one, and he ran at Hewlett,
who attempted to keep him from him. l'hey scuffled
for about three minutes, an 1 Hewlett then felt pain in
the right shoulder and left side, arid in two of his
fingers. The prisoner's mother came, and caught hold
of Hewlett's collar. The prisoner slid, "Let go. I have
a knife in my hand, and I will kill him." The pri-
soner's brother-in-law then camp and dragged him off.
Hewlett's wife took her husband home, and it was then
fonnd the blood had run down into his shoes. Hewlett
had known the prisoner for twenty years. Had had a
quarrel with him seven or eight years ago. They
fought, and then became en friendly terms. The p
eh in H-
sonar was
mach beer at the time. When the prisoner
was aPereherided, he was told what lite charge was, and
he said he had had a litde b' er that a few words had
passed between him and Ilewlt—t, and he was knocked
down twice; he pulled the knife outi; of his pocket, and
told Hewlett if he hit him again
ewould cut him with
it. They had another scuff:it, and he
ecwutlehim. A sur-
geon was called in, who examined H
that there were the e cuts about the bodYttio?.tastated
Hewlett,
which had le-en inflicted by some sharp instrument; one
had glanced upon the ribs, otherwise the consequences
might have been tatal.•
The CHIEF JUSTICE, in summing up, said it was not
the English law that if a man was struck he might take
out a knife and stab the when IL must not go beyond
what was necessary forself-defence.
The iris .ner was f mud Guilty.
The-Curer JUSTICE, in passing sentence, observed
that no min of a proper English mind could have been
guilty of so cowardly an act. If men in his situation of
lee should ge int) the habit of using knives, given as
they were to hue lee in drink, the consequence must be
most dangerous. It wiz owing to no merit of hie that
he did not stand there upon rd There
did not appear, however, trial for TIM ,r •
ver, to have been premeditation,
and, therefore, the sentence would only be twelve months'
imprisonment withwha:rd. labour.
Samuel Haines
James
Wickham,
for maliciously cutting
and maiming
ham, with intent to do him
some grievous bodily liarn
dges conductedl
Mr. Hothe case for the prosecution.
Wickham was a tailor at Sutton Veney. He went
to the VV•oolpeee Inn on the
18th of Mayo to attend
his club, The prisoner was in the room. Wick.
ham found fault about the
the
supper was being put upon wtai).:e in table
took place between Wickham and
the stewards said they would put Wickoham out
and
i
(cir stheee
t
room. Parker and Wickham began
to wrestle
The prisoner s
t)
which should go out of the room,
would assist, and he came up close to Wickhatnaidwte°
felt the prisoner draw a knife across hie band twice.
Wickham tied his hand up, and went off to a surgeon.
When afterwards accused of it. the prisoner said he had
done it for an old spite, and that he would as soon cut
his head off as his hand. The surgeon said there were
two cuts across the left hand; they were rather severe
"ea.& quarter of an inch deep and three inches long,
4114 the tendons were divided, disabling the little finger
petrasnen t I y.
Vie iiery returned a verdict of Guilty.
-Lhe Cam JUSTICE said, he was so utterly at a loss
40-atecouat for the prison er's' conduct, that ha must take
.141" to OQUsider the sentence.
Eight
causes
iIaveCIVIL SIDE.
but the hatereat has been disposed of during the day
been confined to the parties engaged
Thy 1,

.tie late Mr. Betts, formerly distiller of
Smithfield Bars, late of Broomfield House, Clapham,
Surrey. di..d possessed of personal property valued at
60,0001. His business he had r..linqui,hed to his four
801t3 at a valuation of 20.0001. 11, has becoeatht-d his wife, wtv
ho, ja4,11 Vila-swung executrix, the interest of
ao,oooL,.enei l'ettvPaiter the earTjages, horses, paintings,
plate,. Sco., absolutely, and a
,a.pecific sum. To his ion
Willirn 1,000/., for services rendered in the business,
beyond his share. The books to be divided equally
among his six children, who are the residuary legatees
over anjlis proPerty.

T ti E

POLICE IN TELLIGE7.4CE.
MARLBOBOUGH•STREET.
IMPORTANT TO FREE VINTNERS.—YtSter(!ay
3inghani gave a decision which will be found of •ral:Tr
t-
,nee to parties carrying on bueitiess under a tree %ent.
ier's lieenee.
Mr. Beale, the landlord of the SeLem, in Piccadilly,
was summoned before the Court for having reamed to
admit the police into his house.
The case was proved by a police constable, who geld
he applied at night for admission into the Saloob, and he
..as refused.
Mr. Lewis, on behalf of tie defendant, took an ex-
ception to the summons on the eround that the police
had no authority to demand admission into a free vint-
ner's house. The Police Act only gave the police the
power of demanding entrance into houses where beer or
spirituous liquors were sold. The defendant was a free
vintner, who sold foieign wines, and he did not, there-
•ore, come within the operation of the Act. The opinion
of Sir F. Thesiger, when Attorney-General, had been
taken, and that opinion was, that the police had no right
to demand entrance into a free vintner's house. Mr.
Beale was acting on this opinion when he refused ad-
mission to the police.
Mr. BINGHAM asked the solicitor if he meant to con-
tend that foreign wine was not a spirituous liquor ?
Mr. Lewis said he did. A license to sell foreign wines
did not also permit spirits to be sold.
Mr. BINGHAM said it appeared to him that the Act
did intend to include free vintners; but as it might be so
defectively constructed as not legally to include free
vintners he would take time to consider the point, as it
involved a question of some importance.
Yesterday Mr. Lewis was in attendance. The opinion
o: the legal gentlemen who had been consulted was
handed to Mr. Bingham. This opinion supported the
view taken by Mr. Lewis.
Mr. BINGEIA3I. after looking at the opinion and the
Act of Parliament, said his first impression remained
unshaken. He believed the Legislature had intended to
include free limners in the Act; but the pettier power
had nor been given in the Act, and as he was unable to
sueply that power he must dieeniss the summons.
THE LATE ROBBERY IN -I.ADDOX STREET.—ThR three
parties in custody, Edseards and his wife. and Dean,
formerly in the service of Mr. Trafford, who had been
apprehended on suspicion of having been concerned in
robbing the resideece Of Mr. Trafford, during his ab-
sence at his country seat et Wtexham Hall, were yes-
erday brought up for the purpo-e of being dischargt.d,
there being no evidence against them.
Mr. Robinson, who appeared for the prisoners, sail,
in justice to his clients, he hoped it would go forth that.
rot the slightest irnputa ion attached to their characters;
and the best proof that they had been wrongfully appre-
he:.ded was the fact of other parties, to whoga they were
absolute strangers, being at present in custody on the
same charge.
Joseph Pemberton, muffin- baker, John Bannister,
groom, and George Dickenson, groom, were then charged
oa suspicion of having committed the robbery.
Mr. Biecnaet wished to know what evidence was
against these men, with the view of guiding him in his
ievestigation? .
-
Police-sergeant Gray said information had been given
to the police that the prisoners were the partiss who
committed the robbery. T ey had been apprehended
so very recently that time ha I not been allowed tor full
inquiry. Two of the prisoners were suspected parties.
John Beldein, cabman, formerly in the police, said,on
the morning of the robbery he was called from the stand
by Dickenson, to take up in Great Titchborne-street.
Two bundles were placed in his cab, anti the three pri-
soners rode with him--one on the box. The bundles
were large and heavy, and one of them was wrapped in
a bed curtain. Witness put the prisoners down in San
street, Bishopsgate. Witness did not know what was in
the bundles.
Luke Keeley, a lad, said all he knew was, that on the
morning of the robbery Bannister lett his bed at five
o'clock in the morning. Could not smear to the hand-
kerchief now produced, though he had lost one similar
to it. Had told the policeman that he had seen Ban •
niter with a gold watch; but this was not true.
Police•constable Boyce,; C 181, said the last witness
told him that lie could identify the handkerchief, and
further, that he had seen a Raid watch in Bannister's
possession ; that the watch had been sold to a man in
Drury-lane, who afterwards stood a pot of halt-and
half. Witness had ascertained that Pemberton had only
recently come out of prison, and had recently completely
furnished a room. lie had also-shown a double handful
of sovereigns, saying, "Leok here, that's the way to get
money."
Thomas Taylor, a boy, said as soon as the bills came
out offering 1001. reward, another boy met him and
wanted to lay a plan to swear against some persons in
order to get the reward.
Mr. BINGHAM said it was really dreadful this plotting
to swear away innocent men's lives. There was a case
on the Western Circuit of a similar character.
Witness Taylor said he could swear that one of the
handkerchiefs now produced wl3 his property, which he
had lent snout a month ago to Pemberton.
The po!icit said this handkerchief hal been found in
the area round a ere% bar.
The prisoners detiied all knowledge of the robbery.
Dickenson said he did not ride with the cabman.
Police-sergeant Gray said it Ives necessary to have
further time for inquiry.
Mr. BINGHAM decided on remanding the prisoners till
next Monday.