The Sun.
London, England, 1824-08-09 00:00:00

ASSIZE INTELLIGENCE.

CHtLiiISFORD, SATURDAY, JULY 7.
The Assizes for this county ended about two o'clock this
afternoon. Sentence of death was passed upon five capital con_
victs, but none of the wretched culprits were left for execu-
tion. Four were for burglary, and the fifth for horse stealing ;
and. although in all their cases there were circumstances of
aggravation, the Learned Judge exercised his discretion in fa-
tour of mercy.

JURORS'. EXPENCEq.

-• When Mr. Baron GRAHAM discharged the Jury, who had
served during the Assizes, one of them, in the. name of his
fellows, addressed the Learned Judge and requested to know
whether they ought not to be allowed something for their loss
of time. They had, now been detained from their home six
days, at considerable expence and inconvenience, and they
hoped that the court would award them some compensation out
of the county fund'.
Mr. Baron (iluAitAm said, it was quite out of his power to
yield to the request. lie had no authority to make any order
upon the subject.. Indeed, if such authority were vested in a
Judge, it might be productive of serious consequences in the
administration of justice. The office of juryman, though it
might be burthensome to the individual, was.most important
to society, and ought to be discharged without fee or reward.
It was one of the honourable duties imposed upon persons in
the station.of life from which jurors were selected ; and in the
uninfluenced discharge of which the.deepest interests of society
were concerned.

The Juryman dicl not seem at an satisfied with his Lordship's
answer, and expressed a hope that his Loroiship would take the
subject Mtn his serious consideration, and bring the matter be-
fore the house of Lords.

The
;
tiearned Judge smiled at this aliggestion, and assured
the Gentleman that he had no authority or influence one way
or the other upon the subject. The matte; was entirely for the
consideration pf the Legislature.

•
YORK, AVOITSV fL
CROWN StDE.--,Before Mr. Baron lIV u.ocl.
• MURDER.

Abraham Bair:low, aged tiO, of the parish of Bradford in the
West Riding, stood charged by the Coroner's Inquest with the
wilful murder of Sarah Bairslow, his wife.
ALExAwnza stated the indictment on the part of the
Crown.

After the Juiy had been sworn,
The Cu.: nx of the A MIA G informed his Lordship, that
one of the Jurymen wished to withdraw, on account of his being
it near neighbour of the prisoner.
:11r. Baron Ilut.t.ocK—That is no objection in law; but
if the prisoner's Counsel has no objection, the Juror may
withdraw.
Jorirs consented.
After another Juryman had been added, and the Jury re.
sworn, the case proceeded.
Mr. ALEXANDEtt then said, the prisoner he believed was
non cowls menlit. •
Mr. COLTMAN (who was also for the prisoner) said, he be-
lieved the prisoner bad never spoken since he had been confined
in the Castle. _ _

Gaoler—lie never has, my Lord.
J u poK to the gaoler—Does he seem to hear ?
Gaoler—No, my Lord.
Junox to the prisoner—Do you hear what is said?—The
prisoner looked vacant and never spoke.
Gaoler—l understand he has not spoken for four years.
ono must impanel the Jury to know whether he is
mute by the visitation and Providence of God, or sullenness in
refusing to plead : cannot be put upon his trial until he
pleads to the indictment.
The Jury were then resworn to try him under his Lordship's
direction.
Mr. COLTMAN-4 will soon spew that, my Lord, and called—
Jeremiah Haley—Witness knows the prisoner at the bar
very well; has known him 50 years ; kneW the wife of the de.
ceasut ; they lived happily, together before the murder took
place, and had several children ; they were respectably off, has
known bins in this state .10 years ; ins case has required persons
to take care of him ; the prisoners son has had the care of him ;
it is several years now since he has spoke to him, but he has
seen. kini `within this year or two ; he is overseer of the poor at
Bradford; he isnot capable of knowing what he does.
junc,E—Cau he say aye or no ?
Witness—l asked hun when he first came to the Castle if he
knew me, he said yes; but I don't think he did.
The Learned Gentleman then called and examined the pri.
%loner's soil. his father has been in this state of mind for ten
years ; he i?poke. to Jain the Monday befOre be came to York,
;poet,
.1 lino v;-,e): nu saros,itiiis !Astor, that.bfmoPr
Witncss— Yes ; 1 put several questions to him, but he got
out of my way ; he would speak now and then ; we thought
,him out 'dins mind: iris from an account he can't account.
JUDGE—CaII Some other witness.
Joseph Bainslow—lle is. another son; his father has been
as to, of
to,hls
edunnt4lic6r( thesestitoil IU yhesasrs; se
hall aysetn years
strait ek
jacket
ago he
tiusppooknie so
I scarcely eter.got an answer from him ; has seen him once
since he came to York ; we tried to get an answer, but with no

JUDGE—Gentleman of the Jury—You must try the pri.
aoney whether he knouts mute by the visitation and Provi-
dence or (god, or otherwise, before which he cannot be put on
his trial,

The Jury consulted, and replied, we find, my Lord, he
stands mute by the visitation of God.
The Ova of Not Guilty was then recorded.
The primmer was afterwards tried on the Coroner's Inquest.
Clerk of the Arraigns—Gentlemen of the Jury, look upon
the prisoner, and say whether he. is guilty of the felony and
minter with which he stands charged.
Mr. A LEXA NUE a proceeded to call a principal witness of
the name of John stead who not answering,
The JUDGE said let ken be called on his recognizances, and
if he does not appear, let them be entreated ; and they were
aceorditigly.
Mr. Co LT sfAsi—This is the only witness, my Lord, and
Mr. Alexander said without this witness the trial multi not
proceed.

JUDGE-11ms he been Subpcerked ?
Mr. LE:taimEtt---Ile is bound by his recognisance to ap-
pear and give evidence.
Ju osiE—l shall order the recognisance then to be estrcated.
There ix no witntxs for the Crown, and I am consequently pre-
cluded from trying the prisoner. I Shull allow no costs. • •
( It was afterwards explained that the witness was unavoidably
absent, and thc costs afterwards allowed.)
The Jury, under his hordship'S direction, found the pri-
soner Not Guilin.

After which his Lordship tutid—l have now no controul over
the prisoner, and he must be delivered to his friends; when a
06ntleman addres,wd his Lordship and said, if the prisoner's
friends found lie was unmanageable, they would take care and
place hint in an asylum fbr lunatics.
The prisoner never spoke the whole time, but moved his lips
and Eitarcti in a wild manner; he was neatly dressed, and all-
peared much marked with small.pox.
SuAawrah Tut pia, aged 33, late of Kington-uPon-tiull,
stood capitally indicted for the wilful murder of A nn,.the wife
of William Tilipin (her mother-in-law), at the parish of St.
Mary, on the Mich day of Alorcit, by poison' Who wasremoved
by virtue of a writ of ilubcas t'orptis to the Castle of York on
the ;Ifitli ,!1)1y last. The prisoner, ikapp;:ared,liad mode x cake
in which cake was•cootained two thrumsirl)ifl ar%tiiiitcl,tabir a
and at' the Alceeased and child
,partook,'.but
only Ann Turpin died from pvisoper on being
called on IA? 0, tin not guilty, I ant not in-
dr!ed I" , _

• Application was then made to his. Lordship to postpone the
trial until the next Assizes, on the knouncl that the principal
wiliv2ss wits of two tender years. to understand .the nature of an
oath, and the trial wait postponed accordingly.
The prisoner had on a black • gown, kerseymere shawl, and
straw hat with ribbons; the appeared y,bort in stature, and of
sallow complexion. The Court was crowded beyond measure.
Joitu Key, aged 24, stontl elnirged by the, Coroner's Inquest
with killing and slaying Thomas Hirst, ut the parish of Al-
mondhury, in the West Riding. • -
ALEXAN nun stated the nature of the cue on the part
of the Crown, and culled
.191-m f---tle taw the prisoner strike the deceased, who
said be should pay for it; he afttrwards taw him pushed by
the, shoulders, when he tumbled over some chairs. -
Cross-ex,ttnined by .51r. Joi:aii—The deceased nigekttaid the
prisoner had used hint i 11...
Joseph Parkins examined-11e is a constable; remembers
going to the Warren publicAioute ; it was- between eight and
nine o'clock at night when he went . in, they were all on the
floor; 1 saw the deceased, b-,.; was bloody ;, when I went in they
knocked. out the lights; I tool< both parties before the 141 a.

Wm. Dean, surgeon, exatined—lie was called in to see the
deceased On the 9di May ; he was labouring under a swelling
on the left side of hiw head ; he thought the bruise the cause of
his death.

Cross-tm!aillitwd l,y Mr..loNr,B-4IC tvrtq covered with coagu-
latvd blotO between the temple and the muscles ; he opened the
head on the Wth ; there were marks of violence ; a blunt in.
stroment would produce it; be had some contersation with the
deceased, who said, if he died it would be serious for two per-

sons ; he mentioned one John Key, who he said had poised
(struck) him ; he imputed to him the cause of his death.
The JUDGE called on the prisoner for his defence. Ile said
—" I am not guilty."
Mr. Joxrs then called

John Brazier—Witness went to tee the deceased the day be-
fore he died. He said he had received no injury from any other
person but the prisoner,
_he should not have died. He bore a
good character for honesty and humanity.
.Tunor.—Honesty has nothing to do with this case.
JoSeph Fitton examined—lle saw the deceased three days be-
fore he died. He was sensible he was going to die, and said
John Key poised him upon the eye. Ile said "if I die he. has
been the cause."

The JUDGE charged the Jury, and said the only question
for their consideration was, by whom did the deceased come by
his death ? On doubtful occasions the prisoner ought to have
the benefit, and- the Jury would givehint the beneht thereof, if
they saw no reason to doubt the evidence.
Verdict—Not Guilty.
This day the whole of the prisoners were tried, and we be.
lieve none were left for execution.
SATURDAY, AuGusT 7.-Mr. Justice BAYLEY and Mr.
Baron Flut.t.oCE sat at Nisi Prius at Nine o'clock.