The Sun.
London, England, 1847-03-12 00:00:00

ASSIZE INTELLIGENCE.
NORTHERN ClRCUlT.—York,Marchlo.
CROWN COURT.—(Before Mr. Baron ROLFE.)
Ammon Schofield, aged 21, a shoemaker, of respect-
able appearance, was indicted for having, on the 3d of
January last, at Quick, in the West Riding, feloniouslyf
and maliciously maimed three cows, the property o
Moses Bottomly and James Bottomly.
Mr. Pickering appeared as counsel for the prosecution,
and Mr. Sergeant Wilkins and Mr. Oeerend to defend
the prisoner.
It appeared from the evidence of the prosecutors that
they are manufacturers and farmers at Weakey, in
Saddleworth, where, close to them, the prisoner also
lived at the time of the offence. On Friday, the Ist of
January last, the prosecutors were together, along with
the prisoner and about twenty others, at the Commercial
Inn, at Weakey, and on the next night, up to a late
hour, they were at another inn, near the Commercial,
called the " Gate." On the first of these occasions there
arose an altercation between the prisoner and Moses
Bottomly, the prisoner abusing Bottomly and challenging
him to fight, and the same conduct was renewed when
they met the next night. The prisoner, as the prose•
cutors stated, abused Moses without any provocation,
and charged him with having had improper intercourse
with his sister-in •law, the wife of his brother James.
Moses Bottomly resented the imputation by using an ex-
pression which was taken to mead that he would " have
the law" of the prisoner. The prisoner said that it he did,
he, the prisoner, would make it straight with him either by
day or by night. The dwellings of the prosecutors and
that of the prisoner were all within a few yards of each
other, and the public-house in which the prisoner was
seen, and where he appeared to be somewhat affected by
drink, was situated between those dwellings and the
shippon where the cows in question were kept; the ship-
pon being about 200 yard* from the public-house. The
prisoner was seen in the public-house until near mid-
night, after which, as it was supposed, he went to the
shippon and there committed the offence, being actuated
by malice against Moses IBottomly. James Bottomly
stated that, one of the cattle being ill with the epidemic,
he went to look at her, and to give her some mash, at
about one on the morning of the 3d. The other cows
were then apparently quite well. But the same morn-
ing, about eight, he found all three in a state which
showed that great violence had been done to them.
They were all bleeding, and had wounds inflicted on
their hinder parts. Two of them were now recovering
from their effects, but the third was still in a dangerous
state.
The latter part of this evidence was confirmed by Mr.
John Mills Preston, a druggist, who had been sent for
to examine the cows on the morning of Sunday, just after
they had been injured.
His LORDSHIP recapitulated the whole of the evidence
in summing up to the jury, who, after a short delibera-
tion, found the prisoner Guilty.
The Learned JUDGE, in passing sentence, observed to
the prisoner, that his was unlike many other crimes, in
which the criminal to be punished often, from the cir-
cumstances of the case, might contract some commisera-
tion. It was not like an offence arising out of want, nor
like one of violence to the person of another, occasioned
by some provocation. This was a barbarous and wicked
act, such as to disentitle a man committing it to any-
thing in the way of sympathy or pity.
Sentence—To be transported for seven years.

WESTERN CIRCUIT.—Salisbury, March 10.
CROWN COURT.—(Before Mr. Justice CRESSWELL.)
William Watts, Samuel Wallis, Edward Weston, John
Hawkins, Thomas Tibbles, and Stephen Buckland, were
indicted for having maliciously wounded John James
Calley, with intent to maim and disable. There was a
second count, charging them with doing the act to pre-
vent their lawful apprehension. This case created the
greatest interest in the county, owing to the severe in-
jury which was inflicted upon Mr. Calley, who is a gen-
tleman of the highest respectability, and a magistrate
for the county of Wilts.
Mr. Hodges and Mr. Chaloner Smith conducted the
prosecution ; Mr. Slade defended all the prisoners but
Buckland, who was defended by Mr. Saunders.
Mr. HODGES, having stated the case to the jury, called
Johu James Calley, Esq.--I live at Burderop-park,
in the parish of Chiselton, in this county. On the night
of Friday, the 6th of Now-caber, I was going to bed
about eleven o'clock ; on looking out of my window I
saw the flashes and heard the reports of two guns in the
neighbourhood of some beech trees in the park. I called
to my groom and footman, and proceeded in the direc-
tion of where I heard the reports. I came to the gar-
dener's house, and then on to the keeper's lodge. I was
overtaken by the gardener Newton, and Collins the foot-
man. Wo went to a place called the Wilderness.
Collins and Newton then went in different directions.
Newton afterward* joined me. I then went across
the park to a place called Deadman's Gate, and then
into the road. I then saw two men standing in
the road, one much taller than the other. I said
" It's all very well, now you are on the public road,
but I know where you have been." I then heard
the words "fire," or "shoot at." This came from
behind the road, and not from the men in the road. I
was then knocked down by the butt-end of a gun, and
rendered senseless; I did not see a gun, but suppose it
must have been. I cannot identify the person who
struck me. I (lid not come to m) self until I found my-
self in my kitchen, with my servants bathing my head.
I lost a great deal of blood. I then drove to the police
station at Swindon, in my gig, and gave information to
the police. I received a violent cut inside the mouth,
and my cheek bone was fractured. It was three
weeks before I could eat anything. There was no ex-
ternal wound. I af.crwarda found that I had been
kicked in the back, and much bruised. I preserve game,
and there is game all over the park.
John Newton—l am gardener to Mr. Carley. I live
in a cottage on his property, near to some beech trees.
On the night of the 6th of November, about eleven
o'clock, I heard the report of three guns, and saw the
flashes of two. It was towards the beeches. I heard
the persons ram down their guns again after firing. I
then saw six men cross the park towards the kennel, and
directly after Mr. Calley came to the house. He called
me up, and I went with him to the Wilderness. I then
went towards the kennel alone ; I then saw two men in
the plantation, one tall, the other short. I called out
" halloo," and they came out into the park. I went to-
wards them. They came within a yard of me. They
swore at me, and asked me what I wanted. I told them
I did not know them, and would not do them any harm.
They then said, " We will let you gang this time." The
tall man had a gun. I went towards the house, and
they went towards the entrance gate. I then met Mr.
Calley and told him. We went after the men towards
Deadman's-gate. I was rather behind Mr. Calley. We
got into the road; and I saw three men get through a
gap in the hedge out of the road. There were two more
etanding in the road. I heard Mr. Calley speak to them.
and then one of the men knocked him down with the
butt, nd of the gun he had with him. It was the tall
man. He then rushed at me. I ran away and threw
myself over the bank. I then ran along the field, and
heard some one cry out "Fire." I heard two discharges,
and was struck twice, first on my right side and then in
my loins. I fell down, and laid there some time. It
was a week before I could appear before the magistrates.
After the guns were fired I saw a black dog, about the
size of a sheep dog ; it came towards me. Both the
men bad gun. They were the same men I saw in the
park. I identify Buckland as one of the men, the shorter
of the two. _

Cross-examined by Mr. SAUNDERS—I never knew
Buckland beture that night. . .

Other witnesses were examined to prove the identity
of the prisoners.
Mr. SAUNDERS addressed the jury on behalf of Buck-
land, and contended that, although there might be a
case of suspicion made out against the prisoner, yet that
the evidence was far too slight to justify them in con-
victing him of so serious a charge as that laid in the in-
dictment. He also coat, nded that, even if they were
satisfied that he was one of the persons present, yet that
it was clear that he was not the person who struck the
blow, and that there was no evidence to show a common
purpose by alt to commit the outrage which no doubt
had been committed on Mr. Calley, and so he must be
acquitted.
Mr. SLADE then addressed the jury for the other pri-
soners, after which
Mr. Justice CRESSWELL summed up the case in his
usual lucid manner, explaining to the jury the law appli-
cable to the case, laying it down, that if the jury thought
that the prisoners went out with one common purpose
to do an unlawful act, and meant to resist all opposers
with violence, that although only one might have struck
the blow, all were liable if they were near enough to aid
and assist. He then commented at great length on the
evidence.

The jury then retired to consider their verdict, and
after a short consultation found all the prisoners Guilty.
They were then severally sentenced to be transported
for ten years.
This trial lasted nine hours, and was the last but one
of the assize.

NISI PRIUS COURT.—(Before Mr. Justice
WILLIAXS. ‘
Henry Hall was indicted for a 'burglary in the house
of Charles Miles, at Westbury, in the county of Wilts,
and for stealing therefrom a quantity of bacon and
cheese, and a smock frock ; and Thomas Hall and Wil.
limn Parsons were charged with feloniously receiving
those things, knowing them to have been so stolen.
Mr. POULDEN, who appeared for the prosecution,
called Charles Miles, the prosecutor, and three police-
constables, named Scott, Werner, and Prosser.
From the testimony of those witnesses it appeared
that the prosecutor went to bed about twelve o'clock on
a the 28th of November, leaving his house all safe, and
when he came down the next morning, between
aevetn and eight, he found that the house had been broken
into, and the arntadicles named in the indictment stolen.
The burglar
lookingbeen effected by breaking through a
black windowinto. the garden. In the garden
were footmarks covered,e with snow, as it was believed,
only of one man. began to fall that night
about half-past two o'clock, consequence of certain
suspicions, two of the policemen, withit7ltohma t
went on the 30th to the
house of Thomas Hall
Henry Hall, who was
his nephew, also resided.
Portion of the stolen property, f house• they found a
o which they
session. They also found the two Halls there, took pos-
they at once took into custody. Inspector l whom
•obtained the key of the house from arner hav-
ing Thomas Hall
went down to the house again next day, and ~s he ,
near it he saw Parsons and a man named Mogg, whom
got
hom
they had been unable to take into custody, moving
away. He ran after them, and succeeded in taking
Parsons, shortly after he had thrown away a parcel
which he had with him, and which contained other por-
tions of the stolen property.. Parsons said that he had
got it from Thomas Hall's house, and told the policeman
.- that bewould show him where he got it from if he
would go back to the house with him. They did gosback,
and Parsons opened the door with a key which he had,
and pointed out a cupboard which had previously escaped
observation, and which contained some more of the stolen
property. Parsons had further stated that he went down

with Mogg to get the bacon, in consequence of Mogg
having told him that he knew where there was some
bacon in Thomas Hall's house. The evidence with
which it was sought to fix Henry Hall in particular, as
the person who committed the burglary, was the fact of
his having been seen near the house of the prosecutor
about eleven o'clock on the night in question, of his
having a knife about him when taken up with which the
cheese appeared to have been cut, and of a button
having been found the next morning in the prosecutor's
house corresponding with those upon the trousers of
Henry Hall, one of which appeared to be missing.
Mr. PRIDEAUX addressed the jury for the prisoner
Parsons, and-contended that he could not be found guilty
of receiving. There was no sufficient evidence that
Parsons was one of the parties who committed the bur-
glary. There was another view of the case which en-
titled Parsons to his acquittal, which was that the evi-
dence, far from showing that Parsons had any guilty
knowledge that the things were stolen from Miles,
rather showed that Parsons and Mogg had themselves
stolen them from Thomas Hall, and the jury must re-
collect that the trial was for receiving things stolen from
Miles, and not for stealing things stolen from Thomas
Hall.
Mr. Justice WILLIAMS having summed up, the jury
found all the prisoners Guilty.

HOME ClRCUlT.—Chelmsford, March 11.
THE CASES OF POISONING AT CLAMING.
Sarah Chesham was indicted for the wilful murder of
Joseph Chesham, her son, by administering him a quantity
of arsenic.
After the evidence had been offered, recapitulating the
facts of the case, which have already appeared before the
public, the Learned Judge summed up, and the jury returned
a verdict of Not guilty.

NORFOLK ClRCUlT.—Aylesbury, March 10.
CROWN COURT.—(Before Sir F. PoLLocs.)
DISTRESSING MANSLAUGHTER.—Joseph Shirley, aged
20, Richard Cross, aged 37, and John Pangburn, aged
26, all described as labourers, were charged with felo-
niously killing and slaying Thomas Shirley, on the 23d
of October last.
Mr. Somer conducted the prosecution, Mr. Birch de-
fended Shirley, and Mr. Wells defended the two other
prisoners.
This was an inquiry of a most painful nature, arising
from the not unusual consequences of excessive drinking
among the labouring classes, though from the relation-
ship between the deceased and the prisoner Shirley. who
were brothers, the case was of rather an extraordinary
character. It appeared that the prisoners and the de-
ceased were drinking together with many others
of both sexes, at the Milkpail, at Steeple Claydon,
the " feast " of which village was then at its
height. Pot succeeded pot till the fun grew fast and
furious towards the break of day, when a dispute arose
between the deceased and his brother, who for some time
resisted their instigation; but being over-persuaded, he
at last consented to fight his brother, and the whole party
sallied out to the " Pound," where a deadly and long
protracted: fight ensued, beneath the " glimpses of the
pale moonlight," while the combatants were cheered on
by the bystanders, and backed respectively by Cross and
Pangburn. At the 40th round, which took place at the
lapse of an hour's fighting, the deceased was unable to
" come to time," and the young man was hailed the
victor of the unnatural affray. His triumph was, how-
ever, short-lived and fraught with pain. His brother
was taken home insensible, and died the following day,
when the three prisoners were all taken into custody, the
young man actually fainting when acquainted with the
consequence of the night's quarrel.
To show the cause of death, two medical men were
this day examined, but they differed very materially as
to the result of their observations. They agreed that
the deceased had received violence about the bead and
neck, which bad produced extravasation below the scalp,
and that there were about four ounces of blood in the
brain, and adhesion of the pia mater to the brain, but
they differed in their inferences from the existence of
that adhesion ; the one thinking that a predisposition to
apoplexy, caused by previous inflammatory action,
was thereby indicated, which might have terminated
fatally under mere excitement and passion, produced by
drink ; while the other attributed that adhesion entirely
to the blows received during the contest with the
prisoner.
The Learned Counsel made the most of this difference;
each contending that the jury were bound to give their
clients the benefit of their doubts which it suggested as
to the actual cause of death ; but the jury, atter a brief
deliberation, returned a verdict of Guilty against all the
prisoners, who were ordered to " stand down," for the
Learned Judge to consider their cases before he passed
sentence on them.
Anne Keene, aged 14, was charged with maliciously
and wilfully setting fire to the house of Stephen Butler,
at Bledlow, in this county, on the 17th of July last.
The jury Acquitted the prisoner.
March 11.
Anthony Thomas Ryves, aged 44, was arraigned on an
indictment charging him with cutting, stabbing, and
wounding Henry Plumbe, on the 3d of August last,
with intent to disable him and to do him some bodily
harm.
Mr. Dasent conducted the case for the prosecution ;
Mr. Power defended the prisoner.
This was a case which has attracted considerable in-
terest in the neighbourhood where the transaction took
place out of which it arose. The prisoner being at the
time in question a police-constable on the Great Western
Railway, located and residing near to the Maidenhead
station ; the person alleged to have been injured by him
being a youth of sixteen, articled with Mr. Ward, a most
respectable and esteemed attorney, residing at the town
of Maidenhead.
It appeared from the evidence adduced by the Learned
Counsel for the prisoner, that the prosecutor set out from
Mr. Ward's house at half-past eight o'clock on the even-
ing of the 3d of August last, with a son of Mr. Ward's,
and a lad named Williams, for the purpose of accompany-
ing the Path( r of the latter on his way home to Eton.
Before they passed through the town. Mr. Ward's son
quitted them, and when they got to the bridge where the
railway crosses the turnpike-road the youths parted
from Mr. Williams and retraced their steps. As they
passed the Dumb Bell Inn, which is about fifty yards
from the cottage of the prisoner, they were attracted by
the sounds of music and revelry, and stopped to listen.
While listening at the window they saw a lad, twelve
years of age, who was the son of the prisoner, and in the
service of a lady in Maidenhead, as page, who ap-
proached and laughed in their faces. This boy had at-
tracted the attention of the prosecutor and his young
friends, by whom he had been christened " Buttons,"
probably from the fact that his mistress delighted to
adorn his livery with a superabundance of those orna •
ments. Be this as it may, the prosecutor remarked to
his companion that this was the " famous Buttons,"
and Mr. Williams stepped forward for the purpose
of checking what appeared to him to be in.
solence. The boy thereupon ran away to his
father's cottage, calling out "Mother, mother, they are
licking me." At first he was pursued, but he soon
stopped, when his pursuers pulled in, and calling out
" Come in here and we'll give it you," made his escape
into his father's garden, where he was heard to make
some complaint. When the youths got opposite the
cottage, the prisoner came hastily round from the back
of it, and rushing into the passage, where a lighted
candle stood, appeared to " clutch" something hastily in
his hand, after which he turned back, and, leaping
the gate into the road, commenced a pursuit of
the parties, who by that time had taken to their heels.
After running some yards he gained on them, and Wil-
liams made his escape over the hedge into a field.
Plumbe continued in the road, and being overtaken by
the prisoner, was collared by him and knocked down.
On rising from the ground he saw the prisoner standing
over him, with his right band raised up, and grasping a
large dinner knife, as if about to plunge it into him.
Shrieking out "Have mercy; for God's sake don't hit me
with that," the affrighted youth dodged to avoid
the blow, and so perhaps saved his life; for he had just
time to bend his body, and turn his back, before he re-
ceived a blow below his shoulder, and felt the knife pe-
netrate his body, while the prisoner cried out in a great
rage, " You scoundrel, if ,ou say another word I'll have
the life out of you." Just then two men approached,
and, diverting the attention of the prisoner, allowed time
to the prosecutor to escape, while they walked home with
the prisoner, and saw him enter his cottage with a large
knife in his hand. As soon as the prosecutor reached a
place of safety, a surgeon was sent for, and his patient
remained for two weeks in a very faint and weakened
state. On hearing what had happened, Mr. Ward dis-
patched a constable to apprehend the prisoner, who,
when charged with "stabbing Mr. Flambe," said, "Stab-
bing! pooh, nonsense! If he was stabbed, he must have
done it when he fell on the stones, for I had no weapon
with me;" a tale he repeated three times that night. On
the following day, however, his wife came to see him,
and on her remarking that "it was a pity he had the
knife in his hand," he said, "Yes. I had been cutting
the honeysuckle tree, and I suppose he must hare been
wounded in the scuffle when he fell." To this she re-
plied, " Well, you brought it home and gave it to me,
and I wiped it and put it along with the others."
Mr. POWER, in addressing the jury on behalf of the
prisoner, contended that there was no proof that the
wound had been given by the prisoner with any such in-
tent as those laid in the indictment, or with any design
at all ; the great probability being that he had rushed
after those young men on the instant, for the purpose of
avenging their conduct towards his son, and that having
the knife in his hand at the moment, the wound had been
received by the prosecutor, without any intent on the
part of the prisoner, who was, most likely, completely
oblivious of the fact that he had such a weapon in his
hand at the time, though he remembered it on the fol-
lowing day.
Sir F. PoeLocK then summed up the case to the jury,
leaving it to them to say whether the prisoner had in-
flicted the injury:which the prosecutor had undoubtedly
received, and if so, whether it had been inflicted de-
signedly or in a moment when he was unconscious. If
the blow was received by the prosecutor by accident, and
without any design on the part of the prisoner, then, of
course, there ought to be a verdict of not guilty; so also
if the blow was given by him in a state of unconscious-
ness, for then he could not be said to have any such in-
tent as was necessary to render him liable to this charge.
If, however, the jury should think that he designedly
struck the prosecutor with so deadly a weapon, they
could hardly fail to attribute to him one or other cf the
intents laid in the indictment, and it would be their duty
to find him guilty.
The jury deliberated together for nearly ten minutes,
when they returned a verdict of Guilty.
Sentence deferred.
SENTENCE.—The three men convicted yesterday of
manslaughter were today sentenced to be imprisoned
for the term of about tone month, so as to complete the
period of their coiefianneinent to five months. In so doing
anon the brutal Judge
ldand degrading
in the strongest terms
upon
gwholaafz
atlinicr,,,tprrence and ap-
probation, of those parties,
especially the females,
driven probation, had encouraged,
soner Shirley to engage in so unnatural ari
pugilistic combat with his brother. Iu his opinion, they