The Sun.
London, England, 1846-03-23 00:00:00

ASSIZE INTELLIGENCE.
WESTERN CIRCU IT.—Excter, March 19.
The commission was opened in this city yesterday by Mr.
Baron Rolfe. The cause list presents a very small number
of cases, but there are two, it is understood, relating to rail-
way provisional committees, and there is one case of breach
of promise of marriage; so that, perhaps, the public may be
more than commonly amused. The calendar has not more
than an average number of delinquents. There are two
cases of infanticide, and there is one of inciting another to
murder.

This morning their Lordships attended divine service in
the Cathedral, and then repaired to the Castle, Mr. Justice
Erie presiding in the Crown Court, and Mr. Baron Rolfe
sitting at Nisi Prius.
Mr. Justice ERLE, in charging the grand jury, observed,
that there were two cases of child-murder ; with rq,ard to
one of them, as far as he could judge, it did not contain any
cogent evidence that the bruise upon the hiad of the child
was inflicted intentionally by the mother. if there was not
cogent evidence likely to lead to a conviction for murder, it
would be much better that the solemn trial should not be
had, and then there would be a bill presented for the coil-
cealment of th, birth. There was a charge of inciting
another to commit murder, and therefore he thought it
probable that a bill would be put before them for murder.
The party shot was a gamekeeper. The only observation be
should make would be this —if they should be of opi-
nion that the accused person and the, person who
shot the deceased, together with others, were out for
the common purpose of using fire-arms to attack the game-
keepers, he was of opinion that the firing of any one of the
party so engaged in one common purpose would be the firing
of all, and all persons engaged in that common purpose
would be guilty of murder. They were to be satisfied that
the prisoner accused of that crime was engaged in a common
purpose with the man who fired the gun of using their fire-
arms against the keepers in case the keepers should come
forwards.

(Before Mr. Justice ERLE.).
William Wright and Charles Arnold were indicted for bur-
glariously breaking into the dwelling-house of Edward Frost,
and stealing therefrom many articles, his property.
Mr. Phinn conducted the case for the prosecution, and
Mr. Cox defended the prisoner Wright.
On the 3d of August the prosecutor and his sister lived
together at a farm called Ho!corribe Farm, near Tiverton.
They slept in one room. In the night they were awoke out
of their sleep by a noise, and then they saw a light, and im-
mediately afterwards Arnold entered the room• His face
was blackened. Wright followed him with his face black-
ened. Arnold bad lived in the service of the prosecutor for
six months. They took some things out of the room and
went down stairs; and then Wright returned with a light in
his hand. One of them struck the old man and cut his
cheek. He begged him not to hurt him, and called out for
mercy. The prisoners said " Life or money." The old man
told them his money was in his breeches pocket. Arnold took
it out, and then they said they wanted some blankets, and
they took those which were on the old man's bed. Both the
men had bludgeons. The men weiu in tho house half an
hour. The prosecutor gave a deacription of the men to
the police, and Arnold was apprehended the same morning
near the premises wing to work. Arnold's shoes were
compared with some marks of footsteps in the prosecu-
tor's garden, but he was at the house the day before as a
servant. Arnold was seen near the spot at five o'clock on the
morning after the burglary had been committed. He was a
farm labourer. Upon examining him there was the appear-
ance of lamp-black near his ear and on his hair, and in his
pocket there was some lamp-black in a paper, and a bit of
greasy tape, a box of lucifer matches, a fork, a clasp knife,
and a gimlet. When Arnold's shoes were compared with
the tracks he said those were his tracks, and that he had
used the lamp-black to grease Lis boots at Wright's house.
The door of the prosecutor's house had been broken, and
by that means the robbers had entered. It appeared that
when Arnold was being examined at the Town-hall, at
Tiverton, Wright entered the hall, and he was then pointed
out by the prosecutor.
Mr. Cox, for Wright, argued that the evidence of identity
should always hi looked at with strictness.
Arnold, in his defence, said that the prosecutor had got it
all up for spite, because he owed hint wages.
The jury wanted to ask the prisoners where they were, but
The JUDSIE said that was not the way the law was admi-
nistered in this country ; prisoners might state what they
pleased, but they must not be asked any questions.
The Learned JUDGE then summed up, and
The jury Acquitted both the nrisoners.
NISI PRIUS COURT.
Mr Baron Rolfe very soon disposed of six out of the 15
causes, and the counsel having urged upon his Lordship
that they were not prepared to go further, he, evidently
with great reluctance, consented to the other cases being
postponed till the next morning, and he then tried some of
the prisoners.

March 20.
The Learned Judge took his seat at nine .'dock. The
first case called on was one respecting
TUE LIABILITY OF RAILWAY ALLOTTEES.