The Sun.
London, England, 1851-09-25 00:00:00

MIDDLESEX SESSIONS. Sept. 24.
(Before Mr. St-rg,3aut -ADAMS.)
THE FLOGGING OF A CHILD AT 15LINGTON.— William
Weale, alias Brother Franci.e, was indicted for having
assaulted and unlawfully inflicted grievous bodily harm
upon John Farrel, a child of the ((go ( f six years.
The case was opened by Mr. Parry, who they called
the witnesses. 'Their testimony tend. d to substantiate
the ccmmission of the assault, the particulars of which
are already familiar to our readers.
Mr. CLARKSON (with whom was Mr. Ballantine) ad-
' dressed the jury for the defendant. He would not deny
that the child bad been corrected by Mr. Wea.'t., and
corrected even beyond the limits of moderation showed
to teachers of the young, but there had been no evidence
offered to show that the punielanant inflicted on the boy
Ras more than adequate to the nature of the offence of
which he had been guilty. Had that evidence heirs
given it would have appeared that the boy had been con-
nected with the stealing of a brush, end had told lies in
recrence to that affair. It was impeanNe to suppot,e fur
a inement that the defendant could have had any mali-
cious feeling towards the child, end it was a eheate,
therefore, that such an accusation as that contained its
the first count of the indictment should be brought
against him; and he contended that the jury, supposing
they we re sati,fied with the evidence es it s.t Leal, coital
not do more than find him guilty of the Miner charge,
that of the common assault.
The Learned JUDGE, in summing up, told the jury
that they had to consider whether the defendant bad
bet n actuated by any feeling of malice towards this
child; if so, they would find him guilty under the first
count of the indictment. For himself, he did bet think
that the injuries described properly cause waeau the
meaning of the statue as grievous bodily harm, and they
would have to consider the other count charging the
assault, The defendant, it appeared, had at ono tittle
been represented, wrongly, it seemed, as a Roman Ca-
tholic priest. It was, ho thought, a melancholy tact
that after some 25 years, during vs hich they had been
endeavouring to treat their Roman Catholic tellow-sub-
jects as brethren, and with every consideration and
kindness as fellow-citizens, that all the differences that
had existed between Protevants and Catholics were
el)ing away, it was a melancholy fact, he thought, that
a circumstance should have arisen on the part of
the Roman Catholic body which it was to be
hared would have the effect not only of retard-
ing the promotion of the feelings of amity which had
taken root, and the amelioration of their supposed dis-
abilities, but of throwing them back at least half a cell..
tury in the divisions of religious feeling. The jury, in
dealing with this case, had nothing to do with that;
they were not to uphold Protestants against Catholics,
or consider in any way what the parties were. The
question was, had the defendant exceeded his duty as
a schoolmaster, and had he thereby transgressed the
law? He then carefully reviewed the evidence, and left
the jury to say whether either and which of the counts
of the indictment they thought established.
The jury found the defendant Guilty of a common
assault, but under aggravated circumstances.

Mr. PARRY said ill; cries of the children had been fre-
quently heard from the same school since this went--
rence; and it was clear the defendant was a person
unfit to be in the position of a schoolmaster.
The Learned JUDGE hoped the superiors of the
school would never suffer anything of the kind to take
place there again. He perfectly agreed with the verdict
of the jury, and he was not at all disposed to think that
the defendant's conduct bad been influenced by any
malicious motive; still his offence was one that the Court
felt bound to mark with severity. He would any that
in the opinion of the bench, the defendant ought never
again to be allowed to 1111 the situation of schoolmaster,
for it was quite clear that he had no mastery or control
over his passions in his treatment of pupils.
The defendant was then sentenced to three months'
imprisonment in the House of Correction.
Mr. PARRY said he was instructed to express the se.
knowledgments of the authorities by whom the prosecu-
tion was conducted to Mr. Hinckley, for his exertions
in this matter, and without which the defendant would
never have been brought to justice.
LIE ABOMINATIONS OF HOLY WELL- STREET.— William
Dugdale, 52, was indicted for unlawfully procuring and
having in his possession for the purpose of selling and
disseminating divers obscene prints, books, and repre-
sentations.

Mr. Clarkson and Mr. Bodkin appeared for the prose-
eution, instructed by the Society for the Suppression of
Vice, and Mr. Sergeant Chadwick Jones and Mr. Met-
calfe appeared for the prisoner.
Mr. CLARKSON shortly opened the case to the jury.
It appeared from the evidence that on the 24 of Sep-
;ember, from information they had received, Inspector
Lewis, of the Thames Police, and an officer of Custcms,
and Sergeant Chadwick, of the F division of the Metro-
pclitan Police, went to Holy well-street, Strand, for the
purpose of making a search at the shops 16 and 37, kept
by the prisoner in that street. The result of their
search iu the latter was the seizure from various parts of
the premises, including the shop-window, of a large
quantity of French lithographic prints, some lithographic
stones ready for the press, copper plates, books, coloured
engravings, &c., th© whole of which were of a most dis-
gusting and abominable description. Ultimately they
took away from the premises 882 books, 3.870 prints,
110 catalogues; 9 lithe graphic stones, several copper-
plates, and 16 cwt. and 9 lbs. of letter-press unsewn, al-
together two heqry Cllt-locals. A number of them were
produced in court and submitted to the jury.
Mr. Sergeant JoNEs, !lice offering some objections
which were overruled, addressed the jury for the pli-
soner. Ho was not, he said, exerting hunteit to pr,cure
:he escape from justice of a man wile had been imoru-
mental in circulating such filth as had bee., produced,
eta his duty was to see that the evidence given was such
Is to justify the jury in ct nvietif g the pihouer, and to
satisfy the provisior.s of the law. lie commented on the
evidence, and urged tha*, in point of fact, the case was
not made out.

The Learned JUDGE, in slimming up, said ant if the
prisoner had indecent prints in his post esion with the in-
tendon of selling them, he was guiliy of an (Irene.)
igainst the law. The jury would have, therefore, to be
satisfitd that the books and prints produced were indc-
co•nt, and that the prisons: had them in his possession
with intent to sell, publish, and disseminate them. Ho
said no doubt possibly could bo entertained as to their
being indecent, and after remarking that a quantity of
them was found in a room which at. It ast was me adjunct
of the shop, with labels affixed, denoting the prices at
which they could be purchased, ho asked them if that
was sufficient to show that he had them with intent to
sell them.

The jury returned a verdict of Guilty.
Mr. Sergeant JONES then moved in arrest of judg.
ment ; but

The Learned JUDGE said be should not respite the
sentencr, but leave the prisoner to his writ of error;
and further, he would con:ider the matters urged by the
prisoner's counsel, and state before Michaelmas term
whether he would grant a case for the court of criminal
appeal._ .

Mr. CLARKSON urged, in aggravation, that the pri-
soner had been convicted of this offence three times pre-
viuusly. Ile had been engaged in the disgusting traffic
since 1825, and there was no doubt that he was the
prime circulator of publications of this character, and
that it was he, who supplied the abomination to the re-
tail dealers in the metropolis.
The Learned JUDGE saint, the prisoner had been con-
victed, on the clearest evi!-lence, of a Nery serious
offence, and he was very old in this species of clime.
As to liolywell-street, he would say Loling on that
occasion, further than that this ought to have been a pa-
rish prosecution, and the parish authorities Ought
not to have zuffered this great abomination to exist
so long as it had done. no heard that the parish autho-
rities had held a meeting, at which he was censured ti r
what he hid said from that seat with regard to New-
castle-court, but let the authorities of this grossly mis-
conducted parish leek to themselves. If report were
true, Newcastle-tour;, hod been elear..d to cons( vence
of what he said, and he hoped the same would be the
result with regard to Holy well-street, by the abomina-
tions of which the morality of the who!e population of
the metropolis was affected. He then sentenced the
prisoner to be imprisoned in the Howe of Corrction for
two years, on each count of the iridic'irioat, each OAR..
naencing and terminating at the same time, and to find
afterwards sureties, himself in 501., and two others in
25/. each, to be of good behaviour for cue year farther.